1.1 	A bill for an act
1.2 	relating to environment; modifying the Environmental Quality Board and 
1.3 	eliminating and reassigning duties;amending Minnesota Statutes 2010, sections 
1.4 	17.114, subdivision 3; 18B.045; 18E.06; 103A.204; 103B.101, subdivision 
1.5 	9; 103B.151; 103B.315, subdivision 5; 103F.751; 103H.151, subdivision 4; 
1.6 	103H.175, subdivision 3; 115B.20, subdivision 6; 116C.24, subdivision 2; 
1.7 	116C.842, subdivisions 1a, 2a; 116C.91, subdivision 2; 116D.11, subdivisions 
1.8 	2, 3; 216C.052, subdivision 1; 216C.18, subdivision 2; proposing coding for 
1.9 	new law in Minnesota Statutes, chapter 116D; repealing Minnesota Statutes 
1.10 	2010, sections 40A.122; 103A.403; 103A.43; 103F.614; 115A.32; 115A.33; 
1.11 	115A.34; 115A.35; 115A.36; 115A.37; 115A.38; 115A.39; 116C.02; 116C.03, 
1.12 	subdivisions 1, 2, 2a, 3a, 4, 5, 6; 116C.04, subdivisions 1, 2, 3, 4, 7, 10, 
1.13 	11; 116C.06; 116C.08; 116C.71, subdivisions 1c, 2a; 116C.721; 116C.722; 
1.14 	116C.724, subdivisions 2, 3; 473H.15.
1.15 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.16 	Section 1. Minnesota Statutes 2010, section 17.114, subdivision 3, is amended to read:
1.17 		Subd. 3.Duties. (a) The commissioner shall:
1.18 	(1) establish a clearinghouse and provide information, appropriate educational 
1.19 	opportunities and other assistance to individuals, producers, and groups about sustainable 
1.20 	agricultural techniques, practices, and opportunities;
1.21 	(2) survey producers and support services and organizations to determine 
1.22 	information and research needs in the area of sustainable agricultural practices;
1.23 	(3) demonstrate the on-farm applicability of sustainable agriculture practices to 
1.24 	conditions in this state;
1.25 	(4) coordinate the efforts of state agencies regarding activities relating to sustainable 
1.26 	agriculture;
1.27 	(5) direct the programs of the department so as to work toward the sustainability of 
1.28 	agriculture in this state;
2.1 	(6) inform agencies of how state or federal programs could utilize and support 
2.2 	sustainable agriculture practices;
2.3 	(7) work closely with farmers, the University of Minnesota, and other appropriate 
2.4 	organizations to identify opportunities and needs as well as assure coordination and 
2.5 	avoid duplication of state agency efforts regarding research, teaching, and extension 
2.6 	work relating to sustainable agriculture;
2.7 	(8) work cooperatively with local governments and others to strengthen the 
2.8 	connection between farmers who practice sustainable farming methods and urban, rural, 
2.9 	and suburban consumers, including, but not limited to, promoting local farmers' markets 
2.10 	and community-supported agriculture; and
2.11 	(9) report to the Environmental Quality Board for review and then to the house of 
2.12 	representatives and senate committees with jurisdiction over the environment, natural 
2.13 	resources, and agriculture every even-numbered year.
2.14 	(b) The report under paragraph (a), clause (9), must include:
2.15 	(1) the presentation and analysis of findings regarding the current status and trends 
2.16 	regarding the economic condition of producers; the status of soil and water resources 
2.17 	utilized by production agriculture; the magnitude of off-farm inputs used; and the amount 
2.18 	of nonrenewable resources used by Minnesota farmers;
2.19 	(2) a description of current state or federal programs directed toward sustainable 
2.20 	agriculture including significant results and experiences of those programs;
2.21 	(3) a description of specific actions the Department of Agriculture is taking in the 
2.22 	area of sustainable agriculture, including, but not limited to, specific actions to strengthen 
2.23 	the connection between sustainable farmers and consumers under paragraph (a), clause (8);
2.24 	(4) a description of current and future research needs at all levels in the area of 
2.25 	sustainable agriculture; and
2.26 	(5) suggestions for changes in existing programs or policies or enactment of new 
2.27 	programs or policies that will affect farm profitability, maintain soil and water quality, 
2.28 	reduce input costs, or lessen dependence upon nonrenewable resources.

2.29 	Sec. 2. Minnesota Statutes 2010, section 18B.045, is amended to read:
2.30 	18B.045 PESTICIDE MANAGEMENT PLAN.
2.31 		Subdivision 1.Development. The commissioner shall develop a pesticide 
2.32 	management plan for the prevention, evaluation, and mitigation of occurrences of 
2.33 	pesticides or pesticide breakdown products in groundwaters and surface waters of the 
2.34 	state. The pesticide management plan must include components promoting prevention, 
2.35 	developing appropriate responses to the detection of pesticides or pesticide breakdown 
3.1 	products in groundwater and surface waters, and providing responses to reduce or 
3.2 	eliminate continued pesticide movement to groundwater and surface water. By September 
3.3 	1 of each even-numbered year, the commissioner must submit a status report on the plan 
3.4 	to the Environmental Quality Board for review and then to the house of representatives 
3.5 	and senate committees with jurisdiction over the environment, natural resources, and 
3.6 	agriculture.
3.7 		Subd. 2.Coordination. The pesticide management plan shall be coordinated 
3.8 	and developed with other state agency plans and with other state agencies through the 
3.9 	Environmental Quality Board. In addition, the University of Minnesota Extension Service, 
3.10 	farm organizations, farmers, environmental organizations, and industry shall be involved 
3.11 	in the pesticide management plan development.

3.12 	Sec. 3. Minnesota Statutes 2010, section 18E.06, is amended to read:
3.13 	18E.06 REPORT.
3.14 	By December 1 of each year, the Agricultural Chemical Response Compensation 
3.15 	Board and the commissioner shall submit to the house of representatives Committee on 
3.16 	Ways and Means, the senate Committee on Finance, and the house of representatives 
3.17 	and senate committees with jurisdiction over the environment, natural resources, and 
3.18 	agriculture, and the Environmental Quality Board a report detailing the board's activities 
3.19 	and reimbursements and the expenditures and activities associated with the commissioner's 
3.20 	incident response program for which money from the account has been spent during 
3.21 	the previous year.

3.22 	Sec. 4. Minnesota Statutes 2010, section 103A.204, is amended to read:
3.23 	103A.204 GROUNDWATER POLICY.
3.24 	(a) The responsibility for the protection of groundwater in Minnesota is vested 
3.25 	in a multiagency approach to management. The following is a list of agencies and the 
3.26 	groundwater protection areas for which the agencies are primarily responsible; the list is 
3.27 	not intended to restrict the areas of responsibility to only those specified:
3.28 	(1) Environmental Quality Board Clean Water Council: coordination of state 
3.29 	groundwater protection programs;
3.30 	(2) Pollution Control Agency: water quality monitoring and reporting and the 
3.31 	development of best management practices and regulatory mechanisms for protection of 
3.32 	groundwater from nonagricultural chemical contaminants;
3.33 	(3) Department of Agriculture: sustainable agriculture, integrated pest management, 
3.34 	water quality monitoring, and the development of best management practices and 
4.1 	regulatory mechanisms for protection of groundwater from agricultural chemical 
4.2 	contaminants;
4.3 	(4) Board of Water and Soil Resources: reporting on groundwater education and 
4.4 	outreach with local government officials, local water planning and management, and 
4.5 	local cost share programs;
4.6 	(5) Department of Natural Resources: water quantity monitoring and regulation, 
4.7 	sensitivity mapping, and development of a plan for the use of integrated pest management 
4.8 	and sustainable agriculture on state-owned lands; and
4.9 	(6) Department of Health: regulation of wells and borings, and the development of 
4.10 	health risk limits under section 103H.201.
4.11 	(b) The Environmental Quality Board Clean Water Council shall prepare a report 
4.12 	on policy issues related to its responsibilities listed in paragraph (a), and include these 
4.13 	reports with the assessments in section 103A.43 and the "Minnesota Water Plan" in 
4.14 	section 103B.151.

4.15 	Sec. 5. Minnesota Statutes 2010, section 103B.101, subdivision 9, is amended to read:
4.16 		Subd. 9.Powers and duties. In addition to the powers and duties prescribed 
4.17 	elsewhere, the board shall:
4.18 	(1) coordinate the water and soil resources planning activities of counties, soil and 
4.19 	water conservation districts, watershed districts, watershed management organizations, 
4.20 	and any other local units of government through its various authorities for approval of 
4.21 	local plans, administration of state grants, and by other means as may be appropriate;
4.22 	(2) facilitate communication and coordination among state agencies in cooperation 
4.23 	with the Environmental Quality Board, and between state and local units of government, 
4.24 	in order to make the expertise and resources of state agencies involved in water and soil 
4.25 	resources management available to the local units of government to the greatest extent 
4.26 	possible;
4.27 	(3) coordinate state and local interests with respect to the study in southwestern 
4.28 	Minnesota under United States Code, title 16, section 1009;
4.29 	(4) develop information and education programs designed to increase awareness 
4.30 	of local water and soil resources problems and awareness of opportunities for local 
4.31 	government involvement in preventing or solving them;
4.32 	(5) provide a forum for the discussion of local issues and opportunities relating 
4.33 	to water and soil resources management;
4.34 	(6) adopt an annual budget and work program that integrate the various functions 
4.35 	and responsibilities assigned to it by law; and
5.1 	(7) report to the governor and the legislature by October 15 of each even-numbered 
5.2 	year with an assessment of board programs and recommendations for any program 
5.3 	changes and board membership changes necessary to improve state and local efforts 
5.4 	in water and soil resources management.
5.5 	The board may accept grants, gifts, donations, or contributions in money, services, 
5.6 	materials, or otherwise from the United States, a state agency, or other source to achieve 
5.7 	an authorized purpose. The board may enter into a contract or agreement necessary or 
5.8 	appropriate to accomplish the transfer. The board may receive and expend money to 
5.9 	acquire conservation easements, as defined in chapter 84C, on behalf of the state and 
5.10 	federal government consistent with the Camp Ripley's Army Compatible Use Buffer 
5.11 	Project.
5.12 	Any money received is hereby deposited in an account in a fund other than the 
5.13 	general fund and appropriated and dedicated for the purpose for which it is granted.

5.14 	Sec. 6. Minnesota Statutes 2010, section 103B.151, is amended to read:
5.15 	103B.151 COORDINATION OF WATER RESOURCE PLANNING.
5.16 		Subdivision 1.Water planning. The Environmental Quality Board Clean Water 
5.17 	Council shall:
5.18 	(1) coordinate public water resource management and regulation activities among 
5.19 	the state agencies having jurisdiction in the area;
5.20 	(2) coordinate comprehensive long-range water resources planning in furtherance of 
5.21 	the Environmental Quality Board's "Minnesota Water Plan," published in January 1991, 
5.22 	by September 15, 2000, and each ten-year interval afterwards incorporating long-range 
5.23 	planning in the council's implementation plan required under section 114D.30, subdivision 
5.24 	5;
5.25 	(3) coordinate water planning activities of local, regional, and federal bodies with 
5.26 	state water planning and integrate these plans with state strategies;
5.27 	(4) coordinate development of state water policy recommendations and priorities, 
5.28 	and a recommended program for funding identified needs, including priorities for 
5.29 	implementing the state water resources monitoring plan;
5.30 	(5) administer federal water resources planning with multiagency interests;
5.31 	(6) ensure that groundwater quality monitoring and related data is provided and 
5.32 	integrated into the Minnesota land management information system according to 
5.33 	published data compatibility guidelines. Costs of integrating the data in accordance with 
5.34 	data compatibility standards must be borne by the agency generating the data;
6.1 	(7) coordinate the development and evaluation of water information and education 
6.2 	materials and resources; and
6.3 	(8) coordinate the dissemination of water information and education through 
6.4 	existing delivery systems.
6.5 		Subd. 2.Governor's representative. The Environmental Quality Board
6.6 	Clean Water Council chair shall represent the governor on interstate water resources 
6.7 	organizations.

6.8 	Sec. 7. Minnesota Statutes 2010, section 103B.315, subdivision 5, is amended to read:
6.9 		Subd. 5.State review. (a) After conducting the public hearing but before final 
6.10 	adoption, the county board must submit its local water management plan, all written 
6.11 	comments received on the plan, a record of the public hearing under subdivision 4, 
6.12 	and a summary of changes incorporated as a result of the review process to the board 
6.13 	for review. The board shall complete the review within 90 days after receiving a local 
6.14 	water management plan and supporting documents. The board shall consult with the 
6.15 	Departments of Agriculture, Health, and Natural Resources; the Pollution Control Agency; 
6.16 	the Environmental Quality Board; and other appropriate state agencies during the review.
6.17 	(b) The board may disapprove a local water management plan if the board 
6.18 	determines the plan is not consistent with state law. If a plan is disapproved, the board 
6.19 	shall provide a written statement of its reasons for disapproval. A disapproved local water 
6.20 	management plan must be revised by the county board and resubmitted for approval by the 
6.21 	board within 120 days after receiving notice of disapproval of the local water management 
6.22 	plan, unless the board extends the period for good cause.
6.23 	(c) If the local government unit disagrees with the board's decision to disapprove 
6.24 	the plan, it may, within 60 days, initiate mediation through the board's informal dispute 
6.25 	resolution process as established pursuant to section 103B.345, subdivision 1. A local 
6.26 	government unit may appeal disapproval to the Court of Appeals. A decision of the board 
6.27 	on appeal is subject to judicial review under sections 14.63 to 14.69. 

6.28 	Sec. 8. Minnesota Statutes 2010, section 103F.751, is amended to read:
6.29 	103F.751 NONPOINT SOURCE POLLUTION CONTROL PLAN AND 
6.30 	PROGRAM EVALUATION.
6.31 	To coordinate the programs and activities used to control nonpoint sources of 
6.32 	pollution to achieve the state's water quality goals, the agency shall:
6.33 	(1) develop a state plan for the control of nonpoint source water pollution to meet 
6.34 	the requirements of the federal Clean Water Act;
7.1 	(2) work through the Environmental Quality Board Clean Water Council to 
7.2 	coordinate the activities and programs of federal, state, and local agencies involved in 
7.3 	nonpoint source pollution control and, as appropriate, develop agreements with federal 
7.4 	and state agencies to accomplish the purposes and objectives of the state nonpoint source 
7.5 	pollution control plan; and
7.6 	(3) evaluate the effectiveness of programs in achieving water quality goals 
7.7 	and recommend to the legislature, under section 3.195, subdivision 1, any necessary 
7.8 	amendments to sections 103F.701 to 103F.761. 

7.9 	Sec. 9. Minnesota Statutes 2010, section 103H.151, subdivision 4, is amended to read:
7.10 		Subd. 4.Evaluation. The commissioners of agriculture and the Pollution Control 
7.11 	Agency shall, through field audits and other appropriate means, monitor the use and 
7.12 	effectiveness of best management practices developed and promoted under this section. 
7.13 	The information collected must be submitted to the Environmental Quality Board, which 
7.14 	must include the information in the report required in section 103A.43, paragraph (d)
7.15 	Clean Water Council. 

7.16 	Sec. 10. Minnesota Statutes 2010, section 103H.175, subdivision 3, is amended to read:
7.17 		Subd. 3.Report. In each even-numbered year, the Pollution Control Agency, in 
7.18 	cooperation with other agencies participating in the monitoring of water resources, shall 
7.19 	provide a draft report on the status of groundwater monitoring to the Environmental 
7.20 	Quality Board for review and then to the house of representatives and senate committees 
7.21 	with jurisdiction over the environment, natural resources, and agriculture as part of the 
7.22 	report in section 103A.204. 

7.23 	Sec. 11. Minnesota Statutes 2010, section 115B.20, subdivision 6, is amended to read:
7.24 		Subd. 6.Report to legislature. Each year, the commissioner of agriculture and 
7.25 	the agency shall submit to the senate Finance Committee, the house of representatives 
7.26 	Ways and Means Committee, the Environment and Natural Resources Committees of 
7.27 	the senate and house of representatives, the Finance Division of the senate Committee 
7.28 	on Environment and Natural Resources, and the house of representatives Committee 
7.29 	on Environment and Natural Resources Finance, and the Environmental Quality Board
7.30 	a report detailing the activities for which money has been spent pursuant to this section 
7.31 	during the previous fiscal year.

7.32 	Sec. 12. Minnesota Statutes 2010, section 116C.24, subdivision 2, is amended to read:
8.1 		Subd. 2.Board. "Board" means the Minnesota Environmental Quality Board
8.2 	convened under section 116D.035.

8.3 	Sec. 13. Minnesota Statutes 2010, section 116C.842, subdivision 1a, is amended to 
8.4 	read:
8.5 		Subd. 1a.Facility Siting Policy Development Committee. Following Minnesota's 
8.6 	designation as a host state by the Interstate Commission, and within 60 days after a 
8.7 	compact facility located in the host state immediately preceding Minnesota begins 
8.8 	operation, the governor shall, in consultation with the commissioner, establish and appoint 
8.9 	the membership of a Facility Siting Policy Development Committee. The committee shall 
8.10 	study the issues relevant to developing a facility and make recommendations concerning 
8.11 	appropriate facility siting criteria and development requirements. The committee shall 
8.12 	number no more than 12 voting members, at least eight of whom shall be individuals 
8.13 	with expertise in a range of scientific disciplines relevant to site development. The 
8.14 	committee shall include at least one representative each from local government and 
8.15 	generators of low-level radioactive waste, and two representatives from public interest 
8.16 	groups. In addition, the Environmental Quality Board, the Minnesota Geological Survey, 
8.17 	the Departments of Natural Resources, Transportation, and Health, and the agency shall 
8.18 	have nonvoting membership on the committee and shall provide information and technical 
8.19 	assistance to the committee as needed. The committee shall report its findings and 
8.20 	recommendations to the governor and the legislature no later than one year following the 
8.21 	establishment of the committee.

8.22 	Sec. 14. Minnesota Statutes 2010, section 116C.842, subdivision 2a, is amended to 
8.23 	read:
8.24 		Subd. 2a.Administration. The Environmental Quality Board Pollution Control 
8.25 	Agency shall provide administrative assistance to the committee.

8.26 	Sec. 15. Minnesota Statutes 2010, section 116C.91, subdivision 2, is amended to read:
8.27 		Subd. 2.Board. "Board" means the Environmental Quality Board convened under 
8.28 	section 116D.035.

8.29 	Sec. 16. [116D.035] ENVIRONMENTAL QUALITY BOARD.
8.30 		Subdivision 1.Definition. For the purposes of this chapter "board" means the 
8.31 	Environmental Quality Board convened under subdivision 2.
9.1 		Subd. 2.Creation; rules. The Environmental Quality Board shall convene itself 
9.2 	as necessary to carry out the duties of the board required under subdivision 4. The 
9.3 	membership of the board is as follows:
9.4 	(1) the commissioner of administration;
9.5 	(2) the commissioner of commerce;
9.6 	(3) the commissioner of the Pollution Control Agency;
9.7 	(4) the commissioner of natural resources;
9.8 	(5) the commissioner of agriculture;
9.9 	(6) the commissioner of health;
9.10 	(7) the commissioner of employment and economic development;
9.11 	(8) the commissioner of transportation;
9.12 	(9) the chair of the Board of Water and Soil Resources; and
9.13 	(10) a representative of the governor's office designated by the governor.
9.14 		Subd. 3.Chair. The representative of the governor's office shall serve as chair of 
9.15 	the board.
9.16 		Subd. 4.Duties. The Environmental Quality Board shall carry out the duties of the 
9.17 	board specified under this chapter, sections 116C.22 to 116C.34, and sections 116C.91 to 
9.18 	116C.97.
9.19 		Subd. 5.Support. Consultant and administrative support services for board 
9.20 	activities and implementation and administration of the rules adopted by the board under 
9.21 	this chapter shall be provided by the Pollution Control Agency.

9.22 	Sec. 17. Minnesota Statutes 2010, section 116D.11, subdivision 2, is amended to read:
9.23 		Subd. 2.Primary responsibility. The Environmental Quality Board commissioner 
9.24 	of the Pollution Control Agency shall have the primary responsibility for preparing the 
9.25 	energy and environmental strategy report of the state, as required by section 116D.10. 
9.26 	The board commissioner shall assemble all preliminary reports prepared pursuant to 
9.27 	subdivision 1 under a timetable established by the board and shall use the preliminary 
9.28 	reports in the preparation of the draft energy and environmental strategy report of the 
9.29 	state. Each department or agency designated by the governor to prepare a preliminary 
9.30 	strategy report shall submit a copy of the preliminary strategy report to the governor and 
9.31 	to the board commissioner at the same time.

9.32 	Sec. 18. Minnesota Statutes 2010, section 116D.11, subdivision 3, is amended to read:
9.33 		Subd. 3.Report to governor. On or before October 1 of each odd-numbered year, 
9.34 	the Environmental Quality Board commissioner of the Pollution Control Agency shall 
10.1 	transmit to the governor a draft of the written report on the energy and environmental 
10.2 	strategy of the state. The governor may change the report and may request additional 
10.3 	information or data from any department or agency of the state responsible for issues 
10.4 	listed in section 116D.10, clause (1). Any such requested additional information or data 
10.5 	shall be prepared and submitted promptly to the governor.

10.6 	Sec. 19. Minnesota Statutes 2010, section 216C.052, subdivision 1, is amended to read:
10.7 		Subdivision 1.Responsibilities. (a) There is established the position of reliability 
10.8 	administrator in the Department of Commerce. The administrator shall act as a source 
10.9 	of independent expertise and a technical advisor to the commissioner, the commission 
10.10 	and the public on issues related to the reliability of the electric system. In conducting its 
10.11 	work, the administrator shall provide assistance to the commissioner in administering and 
10.12 	implementing the department's duties under sections 216B.1612, 216B.1691, 216B.2422, 
10.13 	216B.2425, and 216B.243; chapters 216E, 216F, and 216G; and rules associated with 
10.14 	those provisions and shall also:
10.15 	(1) model and monitor the use and operation of the energy infrastructure in the 
10.16 	state, including generation facilities, transmission lines, natural gas pipelines, and other 
10.17 	energy infrastructure;
10.18 	(2) develop and present to the commission and parties technical analyses of proposed 
10.19 	infrastructure projects, and provide technical advice to the commission;
10.20 	(3) present independent, factual, expert, and technical information on infrastructure 
10.21 	proposals and reliability issues at public meetings hosted by the task force, the 
10.22 	Environmental Quality Board, the department, or the commission.
10.23 	(b) Upon request and subject to resource constraints, the administrator shall 
10.24 	provide technical assistance regarding matters unrelated to applications for infrastructure 
10.25 	improvements to the task force, the department, or the commission.
10.26 	(c) The administrator may not advocate for any particular outcome in a commission 
10.27 	proceeding, but may give technical advice to the commission as to the impact on the 
10.28 	reliability of the energy system of a particular project or projects.

10.29 	Sec. 20. Minnesota Statutes 2010, section 216C.18, subdivision 2, is amended to read:
10.30 		Subd. 2.Draft report; public meeting. Prior to the preparation of a final report, 
10.31 	the commissioner shall issue a draft report to the Environmental Quality Board and any 
10.32 	person, upon request, and shall hold a public meeting. Notice of the public meeting shall 
10.33 	be provided to each regional development commission.

11.1 	Sec. 21. REVISOR'S INSTRUCTION.
 11.2 	The revisor of statutes shall change the term "Environmental Quality Board," or 
11.3 	"board" when referring thereto, to "commissioner of natural resources," or "commissioner" 
11.4 	wherever it appears in Minnesota Statutes, sections 116G.01 to 116G.14, and section 
11.5 	116G.151.

11.6 	Sec. 22.  REPEALER.
 11.7 	Minnesota Statutes 2010, sections 40A.122; 103A.403; 103A.43; 103F.614; 
11.8 	115A.32; 115A.33; 115A.34; 115A.35; 115A.36; 115A.37; 115A.38; 115A.39; 116C.02; 
11.9 	116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, and 6; 116C.04, subdivisions 1, 2, 3, 4, 7, 10, and 
11.10 	11; 116C.06; 116C.08; 116C.71, subdivisions 1c and 2a; 116C.721; 116C.722; 116C.724, 
11.11 	subdivisions 2 and 3; and 473H.15, are repealed.