1.1 A bill for an act 1.2 relating to environment; modifying the membership and structure of the Clean 1.3 Water Council; modifying duties; amending Minnesota Statutes 2024, sections 1.4 114D.20, subdivision 5; 114D.30, subdivisions 1, 2, 4, 6, 7; repealing Minnesota 1.5 Statutes 2024, sections 114D.30, subdivision 5; 114D.35, subdivision 3. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2024, section 114D.20, subdivision 5, is amended to read: 1.8 Subd. 5.Priorities for scheduling and preparing WRAPSs and TMDLs.The 1.9commissioner of the Pollution Control Agency must seek recommendations from the Clean 1.10Water Council; the commissioners of natural resources, health, and agriculture; and the 1.11Board of Water and Soil Resources regarding priorities for scheduling and preparing 1.12WRAPSs and TMDLs. Recommendations must consider the causes of impairments, the 1.13designated uses of the waters, applicable federal TMDL requirements, surface water and 1.14groundwater interactions, protection of high-quality waters, waters and watersheds with 1.15declining water quality trends, and waters used as drinking water sources. Furthermore, 1.16consideration must be given to waters and watersheds: 1.17 (1) that have the greatest potential risk to human health; 1.18 (2) that have the greatest potential risk to threatened or endangered species; 1.19 (3) that have the greatest potential risk to aquatic health; 1.20 (4) where other public agencies and participating organizations and individuals, especially 1.21local, basin-wide, watershed, or regional agencies or organizations, have demonstrated 1.22readiness to assist in carrying out the responsibilities, including availability and organization 1.23of human, technical, and financial resources necessary to undertake the work; and 1Section 1. REVISOR CKM/NS 25-0129512/11/24 State of Minnesota This Document can be made available in alternative formats upon request HOUSE OF REPRESENTATIVES H. F. No. 2481 NINETY-FOURTH SESSION Authored by Hansen, R., and Lee, F.,03/17/2025 The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy 2.1 (5) where there is demonstrated coordination and cooperation among cities, counties, 2.2watershed districts, and soil and water conservation districts in planning and implementation 2.3of activities that will assist in carrying out the responsibilities. 2.4 Sec. 2. Minnesota Statutes 2024, section 114D.30, subdivision 1, is amended to read: 2.5 Subdivision 1.Creation; duties.A Clean Water Council is created to advise on the 2.6administration and implementation of this chapter, and foster coordination and cooperation 2.7as described in section 114D.20, subdivision 1. The council may also advise on the 2.8development of appropriate processes for expert scientific review as described in section 2.9114D.35, subdivision 2. The Pollution Control Agency shall provide administrative support 2.10for the council with the support of other member agencies. The members of the council 2.11shall elect a chair from the voting members of the council. make recommendations to the 2.12legislature on appropriations of money from the clean water fund that are consistent with 2.13the constitution and state law. The Legislative Coordinating Commission may appoint 2.14nonpartisan staff and contract with consultants as necessary to support the functions of the 2.15council. 2.16 Sec. 3. Minnesota Statutes 2024, section 114D.30, subdivision 2, is amended to read: 2.17 Subd. 2.Membership; appointment.(a) The commissioners of natural resources, 2.18agriculture, health, and the Pollution Control Agency, the executive director of the Board 2.19of Water and Soil Resources, the Board of Regents of the University of Minnesota, and the 2.20Metropolitan Council shall each appoint one person from their respective entity to serve as 2.21a nonvoting member of the council. Two members of the house of representatives, including 2.22one member from the majority party and one member from the minority party, appointed 2.23by the speaker and two senators, including one member from the majority party and one 2.24member from the minority party, appointed according to the rules of the senate shall serve 2.25at the pleasure of the appointing authority as nonvoting members of the council. Members 2.26appointed under this paragraph serve as nonvoting members of the council. 2.27 (b) Seventeen voting (a) The Clean Water Council consists of members of the council 2.28shall be appointed by the governor as follows: 2.29 (1) two members representing statewide farm organizations one member from each 2.30congressional district; and 2.31 (2) two at-large members representing business organizations;. 2.32 (3) two members representing environmental organizations; 2Sec. 3. REVISOR CKM/NS 25-0129512/11/24 3.1 (4) one member representing soil and water conservation districts; 3.2 (5) one member representing watershed districts; 3.3 (6) one member representing nonprofit organizations focused on improvement of 3.4Minnesota lakes or streams; 3.5 (7) two members representing organizations of county governments, one member 3.6representing the interests of rural counties and one member representing the interests of 3.7counties in the seven-county metropolitan area; 3.8 (8) two members representing organizations of city governments; 3.9 (9) one member representing township officers; 3.10 (10) one member representing the interests of tribal governments; 3.11 (11) one member representing statewide hunting organizations; and 3.12 (12) one member representing statewide fishing organizations. 3.13 (b) Members appointed under this section must have expertise in science, water quality, 3.14hydrology, or a related field. Members appointed under this paragraph must not be registered 3.15lobbyists or legislators. In making appointments, the governor must attempt to provide for 3.16geographic balance. The members of the council appointed by the governor are subject to 3.17the advice and consent of the senate. The members of the council must elect a chair, 3.18vice-chair, and other officers from among the council's membership. 3.19 Sec. 4. Minnesota Statutes 2024, section 114D.30, subdivision 4, is amended to read: 3.20 Subd. 4.Terms; compensation; removal.The terms of members representing the state 3.21agencies and the Metropolitan Council are four years and are coterminous with the governor. 3.22The terms of other nonlegislative members of the council shall be are as provided in section 3.2315.059, subdivision 2. Members may serve until their successors are appointed and qualify. 3.24Compensation and removal of nonlegislative council members is are as provided in section 3.2515.059, subdivisions 3 and 4, except that a nonlegislative member may be compensated at 3.26the rate of up to $125 a day. Compensation of legislative members is as determined by the 3.27appointing authority. The Pollution Control Agency may reimburse legislative members 3.28for expenses. A vacancy on the council may be filled by the appointing authority provided 3.29in subdivision 1 governor for the remainder of the unexpired term. 3Sec. 4. REVISOR CKM/NS 25-0129512/11/24 4.1 Sec. 5. Minnesota Statutes 2024, section 114D.30, subdivision 6, is amended to read: 4.2 Subd. 6.Recommended appropriations.(a) The Clean Water Council must submit 4.3recommendations to the governor and the legislature on how money from the clean water 4.4fund should be appropriated for the purposes stated in article XI, section 15, of the Minnesota 4.5Constitution and section 114D.50. 4.6 (b) The council's recommendations must: 4.7 (1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and to 4.8protect groundwater from degradation and ensure that at least five percent of the clean water 4.9fund is spent only to protect drinking water sources; 4.10 (2) be consistent with the purposes, policies, goals, and priorities in this chapter; and 4.11 (3) allocate adequate support and resources to identify degraded groundwater and 4.12impaired waters, develop TMDLs, implement restoration of groundwater and impaired 4.13waters, and provide assistance and incentives to prevent groundwater and surface waters 4.14from becoming degraded or impaired and improve the quality of surface waters which are 4.15listed as impaired but have no approved TMDL. 4.16 (c) The council must recommend methods of ensuring that awards of grants, loans, or 4.17other funds from the clean water fund specify the outcomes to be achieved as a result of the 4.18funding and specify standards to hold the recipient accountable for achieving the desired 4.19outcomes. The council may recommend that a portion of its administrative budget be spent 4.20to evaluate the effectiveness of past appropriations from the clean water fund on achieving 4.21their intended goals. Expenditures from the fund must be appropriated by law. 4.22 Sec. 6. Minnesota Statutes 2024, section 114D.30, subdivision 7, is amended to read: 4.23 Subd. 7.Reports to legislature.By January 15 each odd-numbered year, the council 4.24must submit a report to the legislature that includes: 4.25 (1) a summary of the activities for which money has been or will be spent in the current 4.26biennium; 4.27 (2) the recommendations required under subdivision 6 for how money in the clean water 4.28fund should be spent in the next biennium, including recommended legislative bill language; 4.29and 4.30 (3) the impact on economic development of the implementation of efforts to protect and 4.31restore groundwater and the impaired waters program the effectiveness of past appropriations 4.32from the clean water fund on achieving their intended goals. 4Sec. 6. REVISOR CKM/NS 25-0129512/11/24 5.1 Sec. 7. REPEALER. 5.2 Minnesota Statutes 2024, sections 114D.30, subdivision 5; and 114D.35, subdivision 3, 5.3are repealed. 5Sec. 7. REVISOR CKM/NS 25-0129512/11/24 114D.30 CLEAN WATER COUNCIL. 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. 114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC REVIEW; EDUCATION. Subd. 3.Education.The Clean Water Council must develop strategies for informing, educating, and encouraging the participation of citizens, stakeholders, and others regarding this chapter. Public agencies are responsible for implementing the strategies. 1R APPENDIX Repealed Minnesota Statutes: 25-01295