173.240.  Program established — fund created — purpose — administration — rulemaking authority. — 1.  There is hereby established within the department of higher education and workforce development a "Minority and Underrepresented Environmental Literacy Program".  The department of higher education and workforce development, hereafter referred to as the department, may award scholarships to minority and underrepresented students to pursue environmentally related courses of study.  The scholarships shall be administered by the department recruitment and retention program .  Those ethnic groups which are most severely underrepresented, as determined by data gathered and maintained by the National Academy of Sciences, shall receive priority in annual selection.

  2.  For the purpose of increasing the number of minority and underrepresented students, as determined by the National Academy of Sciences, who are enrolled in environmentally related courses of study, there is hereby created a "Recruitment and Retention Scholarship Fund".  Any unexpended balance in the recruitment and retention scholarship fund shall not be subject to biennial transfer under the provisions of section 33.080.  All interest earned on funds in the recruitment and retention scholarship fund shall accrue to the fund.

  3.  The general assembly may appropriate funds to the department for the purpose of funding scholarships as authorized by this section.  Such funds shall be from general revenue, special fees administered by the department, federal funding sources, gifts, or donations, provided that such funds may be used for this purpose.  All sums received for this purpose shall be placed in the state treasury and credited to the recruitment and retention scholarship fund.

  4.  The department shall accept, receive and administer grants or other funds, gifts, or donations from the public and individuals, including the federal government, for the purpose of funding scholarships under this section.  Such funds shall be deposited in the recruitment and retention scholarship fund.

  5.  The department shall promulgate rules to administer the scholarship program, which shall include qualifications, application forms, annual filing deadlines, and scholarship amounts.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.

  6.  The scholarship program shall be directed toward students in the following areas of study:

  (1)  Engineering students pursuing an environmental course of study through undergraduate and graduate degrees in civil, chemical, mechanical, environmental, or biological engineering;

  (2)  Environmental sciences students pursuing undergraduate and graduate degrees in geology, biology, wildlife management, planning, natural resources, or a closely related course of study;

  (3)  Chemistry students pursuing undergraduate and graduate degrees in the field of environmental chemistry; and

  (4)  Law enforcement students pursuing undergraduate and graduate degrees in environmental law enforcement.