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    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
nonagency members of the council.
    Subd. 2. Membership; appointment. The commissioners of natural resources, agriculture,
and the Pollution Control Agency, and the executive director of the Board of Water and Soil
Resources shall appoint one person from their respective agency to serve as a member of the
council. Agency members serve as nonvoting members of the council. Nineteen additional
nonagency 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 the Metropolitan Council established under section 473.123;
(10) one township officer;
(11) one member representing the interests of tribal governments;
(12) one member representing statewide hunting organizations;
(13) one member representing the University of Minnesota or a Minnesota state university;
(14) one member representing statewide fishing organizations.
Members appointed under clauses (1) to (14) must not be registered lobbyists. 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 initial terms of members representing state
agencies and the Metropolitan Council expire on the first Monday in January 2007. Thereafter,
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 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 council members is as provided in section
15.059, subdivisions 3 and 4. 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. 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 the first
recommended plan under this subdivision by December 1, 2005, and shall issue a revised plan by
December 1 of each even-numbered year thereafter.
    Subd. 6. Recommendations on appropriation of funds. The Clean Water Council shall
recommend to the governor the manner in which money from the clean water legacy account
should be appropriated for the purposes identified in section 114D.45, subdivision 3. The council's
recommendations must be consistent with the purposes, policies, goals, and priorities in sections
114D.05 to 114D.35, and shall allocate adequate support and resources to identify impaired waters,
develop TMDL's, implement restoration of impaired waters, and provide assistance and incentives
to prevent waters from becoming impaired and improve the quality of waters which are listed as
impaired but have no approved TMDL. The council must recommend methods of ensuring that
awards of grants, loans, or other funds from the clean water legacy account 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 account 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 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, the need for funding of future
implementation of those sections, and recommendations for the sources of funding.
History: 2006 c 251 s 7; 2006 c 282 art 10 s 7

Official Publication of the State of Minnesota
Revisor of Statutes