Purpose

The bill aims to reinstate the citizen membership of the Minnesota Pollution Control Agency (MPCA) Board. Eliminated in 2015, the citizen board provided a platform for the public to voice concerns regarding environmental decisions. The reinstatement is intended to restore public oversight and ensure diverse representation in environmental decision-making processes.

Main Provisions

• Reinstatement of the Citizen Board: The bill reintroduces an eight-member citizens board that supports the MPCA commissioner. Members are appointed by the governor and approved by the senate.
• Diversity and Representation: The membership must reflect Minnesota's diversity, considering race, gender, and geography. Specific criteria for membership include:
  • At least one member must be a Native American tribal member.
  • Three members must come from environmental justice communities.
  • One member must be a small-scale farmer (defined by livestock and cropland size).
  • One member must be from a labor union.
• Decision-Making Role: The board is mandated to make final decisions on significant environmental issues such as Environmental Assessment Worksheets (EAW), Environmental Impact Statements (EIS), and permits. They also have the power to overrule agency decisions if necessary.
• Ethical Standards: Members cannot have financial interests in projects undertaken by the agency.

Significant Changes to Existing Law

• Legal Authority: Reinstating the citizen board effectively modifies the structure of the MPCA, dividing decision-making power between the commissioner and the board, with the board having the ability to influence or overturn the commissioner’s decisions.
• Public Engagement: The bill mandates increased transparency and public participation in environmental decision-making. The agency must inform the public about their rights to request board review of agency actions.
• Consultation with Tribal Nations: Projects must consider whether free, prior, and informed consent is obtained through consultation with Tribal Nations, and how treaty rights might be impacted.

Relevant Terms

• Minnesota Pollution Control Agency (MPCA)
• Citizen board
• Environmental justice
• Tribal Nation
• Environmental Assessment Worksheet (EAW)
• Environmental Impact Statement (EIS)
• Public oversight
• Small-scale farmer
• Labor union