AB 849

This bill requires the attorney general to appoint an assistant attorney general

to serve as the public intervenor. The bill authorizes the public intervenor to formally

commence or intervene in proceedings before any court whenever intervention is

necessary to protect the public rights in water and other natural resources of this

state and requires the public intervenor to intervene in those matters when

requested to do so by a division administrator in the Department of Natural

Resources (DNR).

The bill authorizes the public intervenor to act as an interested party in actions

in which he or she intervenes, with the power to present evidence, subpoena

witnesses, cross-examine witnesses, file briefs, and do any other acts appropriate for

a party to the proceedings.

The bill also authorizes the public intervenor to appeal administrative rulings

to the courts.

The bill requires DNR personnel to notify the public intervenor of all

administrative proceedings under the environmental protection chapters and to

make investigations, studies, and reports to assist the public intervenor either before

or during any formal intervention.

The bill also requires the attorney general to appoint a Public Intervenor

Advisory Council consisting of seven to nine members who have backgrounds in or

demonstrated experience or records relating to environmental protection or natural

resource conservation. In addition, at least one member must have working

knowledge of business and at least one member must have working knowledge of

agriculture. The advisory council must hold open, publicized meetings and must

advise the public intervenor consistent with his or her duties.