A bill for an act
relating to environment; modifying the membership and structure of the Clean
Water Council; modifying duties; amending Minnesota Statutes 2022, sections
114D.20, subdivision 5; 114D.30, subdivisions 1, 2; Minnesota Statutes 2023
Supplement, section 114D.30, subdivisions 4, 6, 7; repealing Minnesota Statutes
2022, sections 114D.30, subdivision 5; 114D.35, subdivision 3.

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

Section 1.

Minnesota Statutes 2022, section 114D.20, subdivision 5, is amended to read:


Subd. 5.

Priorities for scheduling and preparing WRAPSs and TMDLs.

The
commissioner of the Pollution Control Agency must seek recommendations from the deleted text begin Clean
Water Council; the
deleted text end commissioners of natural resources, health, and agriculture; and the
Board of Water and Soil Resources regarding priorities for scheduling and preparing
WRAPSs and TMDLs. Recommendations must consider the causes of impairments, the
designated uses of the waters, applicable federal TMDL requirements, surface water and
groundwater interactions, protection of high-quality waters, waters and watersheds with
declining water quality trends, and waters used as drinking water sources. Furthermore,
consideration must be given to waters and watersheds:

(1) that have the greatest potential risk to human health;

(2) that have the greatest potential risk to threatened or endangered species;

(3) that have the greatest potential risk to aquatic health;

(4) where other public agencies and participating organizations and individuals, especially
local, basin-wide, watershed, or regional agencies or organizations, have demonstrated
readiness to assist in carrying out the responsibilities, including availability and organization
of human, technical, and financial resources necessary to undertake the work; and

(5) where there is demonstrated coordination and cooperation among cities, counties,
watershed districts, and soil and water conservation districts in planning and implementation
of activities that will assist in carrying out the responsibilities.

Sec. 2.

Minnesota Statutes 2022, section 114D.30, subdivision 1, is amended to read:


Subdivision 1.

Creation; duties.

A Clean Water Council is created to deleted text begin 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.
deleted text end new text begin make recommendations to the
legislature on appropriations of money from the clean water fund that are consistent with
the constitution and state law. The Legislative Coordinating Commission may appoint
nonpartisan staff and contract with consultants as necessary to support the functions of the
council.
new text end

Sec. 3.

Minnesota Statutes 2022, section 114D.30, subdivision 2, is amended to read:


Subd. 2.

Membership; appointment.

deleted text begin (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.
deleted text end

deleted text begin (b) Seventeen votingdeleted text end new text begin (a) The Clean Water Council consists ofnew text end members deleted text begin of the council
shall be
deleted text end appointed by the governor as follows:

(1) deleted text begin two members representing statewide farm organizationsdeleted text end new text begin one member from each
congressional district
new text end ;new text begin and
new text end

(2) two new text begin at-large new text end members deleted text begin representing business organizations;deleted text end new text begin .
new text end

deleted text begin (3) two members representing environmental organizations;
deleted text end

deleted text begin (4) one member representing soil and water conservation districts;
deleted text end

deleted text begin (5) one member representing watershed districts;
deleted text end

deleted text begin (6) one member representing nonprofit organizations focused on improvement of
Minnesota lakes or streams;
deleted text end

deleted text begin (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;
deleted text end

deleted text begin (8) two members representing organizations of city governments;
deleted text end

deleted text begin (9) one member representing township officers;
deleted text end

deleted text begin (10) one member representing the interests of tribal governments;
deleted text end

deleted text begin (11) one member representing statewide hunting organizations; and
deleted text end

deleted text begin (12) one member representing statewide fishing organizations.
deleted text end

new text begin (b) Members appointed under this section must have expertise in science, water quality,
hydrology, or a related field.
new text end Members appointed deleted text begin under this paragraphdeleted text end must not be registered
lobbyists or legislators. deleted text begin In making appointments, the governor must attempt to provide for
geographic balance.
deleted text end The members of the council deleted text begin appointed by the governordeleted text end are subject to
the advice and consent of the senate.new text begin The members of the council must elect a chair,
vice-chair, and other officers from among the council's membership.
new text end

Sec. 4.

Minnesota Statutes 2023 Supplement, section 114D.30, subdivision 4, is amended
to read:


Subd. 4.

Terms; compensation; removal.

deleted text begin The terms of members representing the state
agencies and the Metropolitan Council are four years and are coterminous with the governor.
deleted text end
The terms of deleted text begin other nonlegislativedeleted text end members of the council deleted text begin shall bedeleted text end new text begin arenew text end as provided in section
15.059, subdivision 2. Members may serve until their successors are appointed and qualify.
Compensation and removal of deleted text begin nonlegislative councildeleted text end members deleted text begin isdeleted text end new text begin arenew text end as provided in section
15.059, subdivisions 3 and 4, except that a deleted text begin nonlegislativedeleted text end member may be compensated at
the rate of up to $125 a day. deleted text begin Compensation of legislative members is as determined by the
appointing authority. The Pollution Control Agency may reimburse legislative members
for expenses.
deleted text end A vacancy on the council may be filled by the deleted text begin appointing authority provided
in subdivision 1
deleted text end new text begin governornew text end for the remainder of the unexpired term.

Sec. 5.

Minnesota Statutes 2023 Supplement, section 114D.30, subdivision 6, is amended
to read: