Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF1736 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to environment; modifying the membership and structure of the Clean
3	3	1.3 Water Council; modifying duties; amending Minnesota Statutes 2024, sections
4	4	1.4 114D.20, subdivision 5; 114D.30, subdivisions 1, 2, 4, 6, 7; repealing Minnesota
5	5	1.5 Statutes 2024, sections 114D.30, subdivision 5; 114D.35, subdivision 3.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. Minnesota Statutes 2024, section 114D.20, subdivision 5, is amended to read:
8	8	1.8 Subd. 5.Priorities for scheduling and preparing WRAPSs and TMDLs.The
9	9	1.9commissioner of the Pollution Control Agency must seek recommendations from the Clean
10	10	1.10Water Council; the commissioners of natural resources, health, and agriculture; and the
11	11	1.11Board of Water and Soil Resources regarding priorities for scheduling and preparing
12	12	1.12WRAPSs and TMDLs. Recommendations must consider the causes of impairments, the
13	13	1.13designated uses of the waters, applicable federal TMDL requirements, surface water and
14	14	1.14groundwater interactions, protection of high-quality waters, waters and watersheds with
15	15	1.15declining water quality trends, and waters used as drinking water sources. Furthermore,
16	16	1.16consideration must be given to waters and watersheds:
17	17	1.17 (1) that have the greatest potential risk to human health;
18	18	1.18 (2) that have the greatest potential risk to threatened or endangered species;
19	19	1.19 (3) that have the greatest potential risk to aquatic health;
20	20	1.20 (4) where other public agencies and participating organizations and individuals, especially
21	21	1.21local, basin-wide, watershed, or regional agencies or organizations, have demonstrated
22	22	1.22readiness to assist in carrying out the responsibilities, including availability and organization
23	23	1.23of human, technical, and financial resources necessary to undertake the work; and
24	24	1Section 1.
25	25	25-01295 as introduced12/11/24 REVISOR CKM/NS
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 1736NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: KUNESH)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading02/20/2025
32	32	Referred to Environment, Climate, and Legacy 2.1 (5) where there is demonstrated coordination and cooperation among cities, counties,
33	33	2.2watershed districts, and soil and water conservation districts in planning and implementation
34	34	2.3of activities that will assist in carrying out the responsibilities.
35	35	2.4 Sec. 2. Minnesota Statutes 2024, section 114D.30, subdivision 1, is amended to read:
36	36	2.5 Subdivision 1.Creation; duties.A Clean Water Council is created to advise on the
37	37	2.6administration and implementation of this chapter, and foster coordination and cooperation
38	38	2.7as described in section 114D.20, subdivision 1. The council may also advise on the
39	39	2.8development of appropriate processes for expert scientific review as described in section
40	40	2.9114D.35, subdivision 2. The Pollution Control Agency shall provide administrative support
41	41	2.10for the council with the support of other member agencies. The members of the council
42	42	2.11shall elect a chair from the voting members of the council. make recommendations to the
43	43	2.12legislature on appropriations of money from the clean water fund that are consistent with
44	44	2.13the constitution and state law. The Legislative Coordinating Commission may appoint
45	45	2.14nonpartisan staff and contract with consultants as necessary to support the functions of the
46	46	2.15council.
47	47	2.16 Sec. 3. Minnesota Statutes 2024, section 114D.30, subdivision 2, is amended to read:
48	48	2.17 Subd. 2.Membership; appointment.(a) The commissioners of natural resources,
49	49	2.18agriculture, health, and the Pollution Control Agency, the executive director of the Board
50	50	2.19of Water and Soil Resources, the Board of Regents of the University of Minnesota, and the
51	51	2.20Metropolitan Council shall each appoint one person from their respective entity to serve as
52	52	2.21a nonvoting member of the council. Two members of the house of representatives, including
53	53	2.22one member from the majority party and one member from the minority party, appointed
54	54	2.23by the speaker and two senators, including one member from the majority party and one
55	55	2.24member from the minority party, appointed according to the rules of the senate shall serve
56	56	2.25at the pleasure of the appointing authority as nonvoting members of the council. Members
57	57	2.26appointed under this paragraph serve as nonvoting members of the council.
58	58	2.27 (b) Seventeen voting (a) The Clean Water Council consists of members of the council
59	59	2.28shall be appointed by the governor as follows:
60	60	2.29 (1) two members representing statewide farm organizations one member from each
61	61	2.30congressional district; and
62	62	2.31 (2) two at-large members representing business organizations;.
63	63	2.32 (3) two members representing environmental organizations;
64	64	2Sec. 3.
65	65	25-01295 as introduced12/11/24 REVISOR CKM/NS 3.1 (4) one member representing soil and water conservation districts;
66	66	3.2 (5) one member representing watershed districts;
67	67	3.3 (6) one member representing nonprofit organizations focused on improvement of
68	68	3.4Minnesota lakes or streams;
69	69	3.5 (7) two members representing organizations of county governments, one member
70	70	3.6representing the interests of rural counties and one member representing the interests of
71	71	3.7counties in the seven-county metropolitan area;
72	72	3.8 (8) two members representing organizations of city governments;
73	73	3.9 (9) one member representing township officers;
74	74	3.10 (10) one member representing the interests of tribal governments;
75	75	3.11 (11) one member representing statewide hunting organizations; and
76	76	3.12 (12) one member representing statewide fishing organizations.
77	77	3.13 (b) Members appointed under this section must have expertise in science, water quality,
78	78	3.14hydrology, or a related field. Members appointed under this paragraph must not be registered
79	79	3.15lobbyists or legislators. In making appointments, the governor must attempt to provide for
80	80	3.16geographic balance. The members of the council appointed by the governor are subject to
81	81	3.17the advice and consent of the senate. The members of the council must elect a chair,
82	82	3.18vice-chair, and other officers from among the council's membership.
83	83	3.19 Sec. 4. Minnesota Statutes 2024, section 114D.30, subdivision 4, is amended to read:
84	84	3.20 Subd. 4.Terms; compensation; removal.The terms of members representing the state
85	85	3.21agencies and the Metropolitan Council are four years and are coterminous with the governor.
86	86	3.22The terms of other nonlegislative members of the council shall be are as provided in section
87	87	3.2315.059, subdivision 2. Members may serve until their successors are appointed and qualify.
88	88	3.24Compensation and removal of nonlegislative council members is are as provided in section
89	89	3.2515.059, subdivisions 3 and 4, except that a nonlegislative member may be compensated at
90	90	3.26the rate of up to $125 a day. Compensation of legislative members is as determined by the
91	91	3.27appointing authority. The Pollution Control Agency may reimburse legislative members
92	92	3.28for expenses. A vacancy on the council may be filled by the appointing authority provided
93	93	3.29in subdivision 1 governor for the remainder of the unexpired term.
94	94	3Sec. 4.
95	95	25-01295 as introduced12/11/24 REVISOR CKM/NS 4.1 Sec. 5. Minnesota Statutes 2024, section 114D.30, subdivision 6, is amended to read:
96	96	4.2 Subd. 6.Recommended appropriations.(a) The Clean Water Council must submit
97	97	4.3recommendations to the governor and the legislature on how money from the clean water
98	98	4.4fund should be appropriated for the purposes stated in article XI, section 15, of the Minnesota
99	99	4.5Constitution and section 114D.50.
100	100	4.6 (b) The council's recommendations must:
101	101	4.7 (1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and to
102	102	4.8protect groundwater from degradation and ensure that at least five percent of the clean water
103	103	4.9fund is spent only to protect drinking water sources;
104	104	4.10 (2) be consistent with the purposes, policies, goals, and priorities in this chapter; and
105	105	4.11 (3) allocate adequate support and resources to identify degraded groundwater and
106	106	4.12impaired waters, develop TMDLs, implement restoration of groundwater and impaired
107	107	4.13waters, and provide assistance and incentives to prevent groundwater and surface waters
108	108	4.14from becoming degraded or impaired and improve the quality of surface waters which are
109	109	4.15listed as impaired but have no approved TMDL.
110	110	4.16 (c) The council must recommend methods of ensuring that awards of grants, loans, or
111	111	4.17other funds from the clean water fund specify the outcomes to be achieved as a result of the
112	112	4.18funding and specify standards to hold the recipient accountable for achieving the desired
113	113	4.19outcomes. The council may recommend that a portion of its administrative budget be spent
114	114	4.20to evaluate the effectiveness of past appropriations from the clean water fund on achieving
115	115	4.21their intended goals. Expenditures from the fund must be appropriated by law.
116	116	4.22 Sec. 6. Minnesota Statutes 2024, section 114D.30, subdivision 7, is amended to read:
117	117	4.23 Subd. 7.Reports to legislature.By January 15 each odd-numbered year, the council
118	118	4.24must submit a report to the legislature that includes:
119	119	4.25 (1) a summary of the activities for which money has been or will be spent in the current
120	120	4.26biennium;
121	121	4.27 (2) the recommendations required under subdivision 6 for how money in the clean water
122	122	4.28fund should be spent in the next biennium, including recommended legislative bill language;
123	123	4.29and
124	124	4.30 (3) the impact on economic development of the implementation of efforts to protect and
125	125	4.31restore groundwater and the impaired waters program the effectiveness of past appropriations
126	126	4.32from the clean water fund on achieving their intended goals.
127	127	4Sec. 6.
128	128	25-01295 as introduced12/11/24 REVISOR CKM/NS 5.1 Sec. 7. REPEALER.
129	129	5.2 Minnesota Statutes 2024, sections 114D.30, subdivision 5; and 114D.35, subdivision 3,
130	130	5.3are repealed.
131	131	5Sec. 7.
132	132	25-01295 as introduced12/11/24 REVISOR CKM/NS 114D.30 CLEAN WATER COUNCIL.
133	133	Subd. 5.Implementation plan.The Clean Water Council shall recommend a plan for
134	134	implementation of this chapter and the provisions of article XI, section 15, of the Minnesota
135	135	Constitution relating to clean water. The recommended plan shall address general procedures and
136	136	time frames for implementing this chapter, and shall include a more specific implementation work
137	137	plan for the next fiscal biennium and a framework for setting priorities to address impaired waters
138	138	consistent with section 114D.20, subdivisions 2 to 7. The council shall issue a revised plan by
139	139	December 1 of each even-numbered year.
140	140	114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC REVIEW;
141	141	EDUCATION.
142	142	Subd. 3.Education.The Clean Water Council must develop strategies for informing, educating,
143	143	and encouraging the participation of citizens, stakeholders, and others regarding this chapter. Public
144	144	agencies are responsible for implementing the strategies.
145	145	1R
146	146	APPENDIX
147	147	Repealed Minnesota Statutes: 25-01295