1.1                          A bill for an act 
  1.2             relating to state government; modifying the structure 
  1.3             of the pollution control agency; amending Minnesota 
  1.4             Statutes 2002, sections 116.02, subdivisions 1, 4; 
  1.5             116.03, subdivisions 1, 2; repealing Minnesota 
  1.6             Statutes 2002, section 116.02, subdivisions 6, 7, 8, 
  1.7             9, 10. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 116.02, 
  1.10  subdivision 1, is amended to read: 
  1.11     Subdivision 1.  A pollution control agency, designated as 
  1.12  the Minnesota pollution control agency, is hereby created.  The 
  1.13  agency shall consist of ~~the commissioner and eight~~ nine members 
  1.14  appointed by the governor, by and with the advice and consent of 
  1.15  the senate.  One of such members shall be a person knowledgeable 
  1.16  in the field of agriculture and one shall be representative of 
  1.17  organized labor. 
  1.18     Sec. 2.  Minnesota Statutes 2002, section 116.02, 
  1.19  subdivision 4, is amended to read: 
  1.20     Subd. 4.  ~~The commissioner shall serve as chair of the~~ 
  1.21  ~~agency.~~  The agency shall elect ~~such~~ the chair and other 
  1.22  officers as it deems necessary.  The commissioner may not serve 
  1.23  as a member of the agency. 
  1.24     Sec. 3.  Minnesota Statutes 2002, section 116.03, 
  1.25  subdivision 1, is amended to read: 
  1.26     Subdivision 1.  [OFFICE.] (a) The office of commissioner of 
  2.1   the pollution control agency is created and is under the 
  2.2   supervision and control of the commissioner, who is appointed by 
  2.3   the governor under the provisions of section 15.06. 
  2.4      (b) The commissioner must carry out the policies 
  2.5   established by the agency and direct the staff. 
  2.6      (c) The commissioner may appoint a deputy commissioner and 
  2.7   assistant commissioners who shall be in the unclassified 
  2.8   service, but shall be subject to the approval of the agency. 
  2.9      ~~(c)~~ (d) The commissioner ~~shall~~ may make all decisions on 
  2.10  behalf of the agency that are not required to be made by the 
  2.11  agency under section 116.02. 
  2.12     Sec. 4.  Minnesota Statutes 2002, section 116.03, 
  2.13  subdivision 2, is amended to read: 
  2.14     Subd. 2.  [ORGANIZATION OF OFFICE.] The commissioner shall 
  2.15  organize the agency and employ such assistants and other 
  2.16  officers, employees and agents as the commissioner may deem 
  2.17  necessary to discharge the functions of the commissioner's 
  2.18  office, define the duties of such officers, employees and 
  2.19  agents, and delegate to them any of the commissioner's powers, 
  2.20  duties, and responsibilities, subject to the commissioner's 
  2.21  control and under such conditions as the commissioner may 
  2.22  prescribe.  The commissioner may also contract with persons, 
  2.23  firms, corporations, the federal government and any agency or 
  2.24  instrumentality thereof, the water research center of the 
  2.25  University of Minnesota or any other instrumentality of such 
  2.26  university, for doing any of the work of the commissioner's 
  2.27  office, and none of the provisions of chapter 16C, relating to 
  2.28  bids, shall apply to such contracts.  All contracts entered into 
  2.29  pursuant to this subdivision shall be subject to the approval of 
  2.30  the agency. 
  2.31     Sec. 5.  [REPEALER.] 
  2.32     Minnesota Statutes 2002, section 116.02, subdivisions 6, 7, 
  2.33  8, 9, and 10, are repealed.