Bill Text: MN HF2273 | 2011-2012 | 87th Legislature | Introduced


Bill Title: Minor permits and minor permit amendments automatic approval provided if timely action is not taken, adoption of water standards more restrictive than federal standards prohibited, deposit of monetary penalties from environmental violations required to be redirected to general fund, citizen's board created, and environmental review content requirements modified.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-15 - Introduction and first reading, referred to Environment, Energy and Natural Resources Policy and Finance [HF2273 Detail]

Download: Minnesota-2011-HF2273-Introduced.html

1.1A bill for an act
1.2relating to environment; providing for automatic approval of minor permits and
1.3minor permit amendments if timely action is not taken; prohibiting adoption
1.4of water quality standards more restrictive than federal standards; requiring
1.5deposit of monetary penalties from environmental violations be redirected to
1.6general fund; creating citizen's board; modifying content requirements for
1.7environmental review;amending Minnesota Statutes 2010, sections 115.073;
1.8116.02, subdivisions 1, 2, 3, 4, 6; 116.03, subdivision 1; 116D.04, by adding a
1.9subdivision; Minnesota Statutes 2011 Supplement, sections 84.027, subdivision
1.1014a; 116.03, subdivision 2b; proposing coding for new law in Minnesota
1.11Statutes, chapter 115; repealing Minnesota Statutes 2010, section 116.02,
1.12subdivisions 7, 8.
1.13BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.14    Section 1. Minnesota Statutes 2011 Supplement, section 84.027, subdivision 14a,
1.15is amended to read:
1.16    Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
1.17and resource management permits be issued or denied within 150 days of the submission
1.18of a substantially completed permit application. The commissioner of natural resources
1.19shall establish management systems designed to achieve the goal.
1.20(b) The commissioner shall prepare semiannual permitting efficiency reports that
1.21include statistics on meeting the goal in paragraph (a). The reports are due February 1
1.22and August 1 each year. For permit applications that have not met the goal, the report
1.23must state the reasons for not meeting the goal, steps that will be taken to complete action
1.24on the application, and the expected timeline. In stating the reasons for not meeting the
1.25goal, the commissioner shall separately identify delays caused by the responsiveness of
1.26the proposer, lack of staff, scientific or technical disagreements, or the level of public
1.27engagement. The report must specify the number of days from initial submission of the
2.1application to the day of determination that the application is complete. The report for
2.2August 1 each year must aggregate the data for the year and assess whether program
2.3or system changes are necessary to achieve the goal. The report must be posted on the
2.4department's Web site and submitted to the governor and the chairs and ranking minority
2.5members of the house of representatives and senate committees having jurisdiction over
2.6natural resources policy and finance.
2.7(c) The commissioner shall allow electronic submission of environmental review
2.8and permit documents to the department.
2.9(d) Beginning July 1, 2011, within 30 business days of application for a permit
2.10subject to paragraph (a), the commissioner of natural resources shall notify the project
2.11proposer, in writing, of whether or not the permit application is complete enough for
2.12processing. If the permit is incomplete, the commissioner must identify where deficiencies
2.13exist and advise the applicant on how they can be remedied. A resubmittal of the
2.14application begins a new 30-day review period. If the commissioner fails to notify the
2.15project proposer of completeness within 30 business days, the application is deemed to be
2.16substantially complete and subject to the 150-day permitting review period in paragraph
2.17(a) from the date it was submitted. This paragraph does not apply to an application for a
2.18permit that is subject to a grant or loan agreement under chapter 446A.
2.19(e) The commissioner shall approve or deny within 60 days an application for a
2.20minor permit or a minor permit amendment. Failure of the commissioner to deny an
2.21application for a minor permit or minor permit amendment within 60 days is approval of
2.22the permit. If the commissioner receives an application that does not contain all required
2.23information, the 60-day limit starts over only if the commissioner notifies the applicant
2.24as required under paragraph (d).
2.25(f) By July 1, 2012, the commissioner shall review all types of permits issued by the
2.26department, determine the permit and amendment types the commissioner deems minor
2.27for purposes of paragraph (e), and post a list of the permit and amendment types on the
2.28department's Web site. The commissioner shall periodically review, update, and post the
2.29list of permits and permit amendment types subject to paragraph (e) at least every five
2.30years. Permits and permit amendments may not be deemed minor under this paragraph
2.31if approval of a permit or permit amendment according to paragraph (e) would be in
2.32violation of federal law.
2.33EFFECTIVE DATE.Paragraph (f) is effective the day following final enactment.

2.34    Sec. 2. [115.035] WATER QUALITY STANDARDS NO MORE RESTRICTIVE
2.35THAN FEDERAL STANDARDS.
3.1Notwithstanding section 115.03 or 115.44 or any other law to the contrary, the
3.2commissioner of the Pollution Control Agency shall not adopt water quality standards that
3.3are more restrictive than federal water quality standards after June 30, 2012. Water quality
3.4standards that were adopted before that date and that exceed federal standards remain in
3.5effect, but shall not be made more restrictive unless required under federal law.
3.6EFFECTIVE DATE.This section is effective the day following final enactment.

3.7    Sec. 3. Minnesota Statutes 2010, section 115.073, is amended to read:
3.8115.073 ENFORCEMENT FUNDING.
3.9Except as provided in section 115C.05, all money recovered by the state under this
3.10chapter and chapters 115A and 116, including civil penalties and money paid under an
3.11agreement, stipulation, or settlement, excluding money paid for past due fees or taxes,
3.12must be deposited in the state treasury and credited to the environmental general fund.
3.13EFFECTIVE DATE.This section is effective the day following final enactment.

3.14    Sec. 4. Minnesota Statutes 2010, section 116.02, subdivision 1, is amended to read:
3.15    Subdivision 1. Creation. A pollution control agency, designated as the Minnesota
3.16Pollution Control Agency, is and the Minnesota Pollution Control Agency Citizen's Board
3.17are hereby created. The agency Minnesota Pollution Control Agency Citizen's Board shall
3.18consist of the commissioner and eight members appointed by the governor, by and with the
3.19advice and consent of the senate. One of such members shall be a person knowledgeable
3.20in the field of agriculture and one shall be representative of organized labor.

3.21    Sec. 5. Minnesota Statutes 2010, section 116.02, subdivision 2, is amended to read:
3.22    Subd. 2. Terms, compensation, removal, vacancies. The membership terms,
3.23compensation, removal of members, and filling of vacancies on the agency Minnesota
3.24Pollution Control Agency Citizen's Board shall be as provided in section 15.0575.

3.25    Sec. 6. Minnesota Statutes 2010, section 116.02, subdivision 3, is amended to read:
3.26    Subd. 3. Membership. The membership of the Minnesota Pollution Control Agency
3.27Citizen's Board shall be broadly representative of the skills and experience necessary to
3.28effectuate the policy of sections 116.01 to 116.075, except that no member other than the
3.29commissioner shall be an officer or employee of the state or federal government. Only two
3.30members at one time may be officials or employees of a municipality or any governmental
4.1subdivision, but neither may be a member ex officio or otherwise on the management
4.2board of a municipal sanitary sewage disposal system.

4.3    Sec. 7. Minnesota Statutes 2010, section 116.02, subdivision 4, is amended to read:
4.4    Subd. 4. Chair. The commissioner shall serve as chair of the agency Minnesota
4.5Pollution Control Agency Citizen's Board. The agency Minnesota Pollution Control
4.6Agency Citizen's Board shall elect such other officers as it deems necessary.

4.7    Sec. 8. Minnesota Statutes 2010, section 116.02, subdivision 6, is amended to read:
4.8    Subd. 6. Required decisions. The agency Minnesota Pollution Control Agency
4.9Citizen's Board shall:
4.10(1) make final decisions on the following matters:
4.11(1) a petition for the preparation of an environmental assessment worksheet, if the
4.12project proposer or a person commenting on the proposal requests that the decision be
4.13made by the agency and the agency requests that it make the decision under subdivision 8;
4.14(2) the need for an environmental impact statement following preparation of an
4.15environmental assessment worksheet under applicable rules, if:
4.16(i) the agency has received a request for an environmental impact statement;
4.17(ii) the project proposer or a person commenting on the proposal requests that the
4.18declaration be made by the agency and the agency requests that it make the decision
4.19under subdivision 8; or
4.20(iii) the commissioner is recommending preparation of an environmental impact
4.21statement;
4.22(3) the scope and adequacy of environmental impact statements;
4.23(4) issuance, reissuance, modification, or revocation of a permit if:
4.24(i) a variance is sought in the permit application or a contested case hearing request
4.25is pending; or
4.26(ii) the permit applicant, the permittee, or a person commenting on the permit action
4.27requests that the decision be made by the agency and the agency requests that it make
4.28the decision under subdivision 8;
4.29(5) final adoption or amendment of agency rules for which a public hearing is
4.30required under section 14.25 or for which the commissioner decides to proceed directly to
4.31a public hearing under section 14.14, subdivision 1 rules implementing the substantive
4.32statutes charged to the Minnesota Pollution Control Agency for administration;
4.33(6) approval or denial of an application for a variance from an agency rule if:
4.34(i) granting the variance request would change an air, soil, or water quality standard;
5.1(ii) the commissioner has determined that granting the variance would have a
5.2significant environmental impact; or
5.3(iii) the applicant or a person commenting on the variance request requests that the
5.4decision be made by the agency and the agency requests that it make the decision under
5.5subdivision 8; and
5.6(7) whether to reopen, rescind, or reverse a decision of the agency.
5.7(2) make additional decisions in response to the commissioner's request; and
5.8(3) provide advice to the commissioner at the commissioner's request.

5.9    Sec. 9. Minnesota Statutes 2010, section 116.03, subdivision 1, is amended to read:
5.10    Subdivision 1. Office. (a) The Office of Commissioner of the Pollution Control
5.11Agency is created and is under the supervision and control of the commissioner, who is
5.12appointed by the governor under the provisions of section 15.06.
5.13(b) The commissioner may appoint a deputy commissioner and assistant
5.14commissioners who shall be in the unclassified service.
5.15(c) The commissioner shall make all decisions on behalf of the agency that are not
5.16required to be made by the agency other than rulemaking decisions to be made by the
5.17Minnesota Pollution Control Agency Citizen's Board under section 116.02.

5.18    Sec. 10. Minnesota Statutes 2011 Supplement, section 116.03, subdivision 2b, is
5.19amended to read:
5.20    Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and
5.21resource management permits be issued or denied within 150 days of the submission of a
5.22substantially completed permit application. The commissioner of the Pollution Control
5.23Agency shall establish management systems designed to achieve the goal.
5.24(b) The commissioner shall prepare semiannual permitting efficiency reports that
5.25include statistics on meeting the goal in paragraph (a). The reports are due February 1
5.26and August 1 each year. For permit applications that have not met the goal, the report
5.27must state the reasons for not meeting the goal, steps that will be taken to complete action
5.28on the application, and the expected timeline. In stating the reasons for not meeting the
5.29goal, the commissioner shall separately identify delays caused by the responsiveness of
5.30the proposer, lack of staff, scientific or technical disagreements, or the level of public
5.31engagement. The report must specify the number of days from initial submission of the
5.32application to the day of determination that the application is complete. The report for
5.33August 1 each year must aggregate the data for the year and assess whether program
5.34or system changes are necessary to achieve the goal. The report must be posted on the
6.1agency's Web site and submitted to the governor and the chairs and ranking minority
6.2members of the house of representatives and senate committees having jurisdiction over
6.3environment policy and finance.
6.4(c) The commissioner shall allow electronic submission of environmental review
6.5and permit documents to the agency.
6.6(d) Beginning July 1, 2011, within 30 business days of application for a permit
6.7subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
6.8the project proposer, in writing, of whether or not the permit application is complete
6.9enough for processing. If the permit is incomplete, the commissioner must identify where
6.10deficiencies exist and advise the applicant on how they can be remedied. A resubmittal of
6.11the application begins a new 30-day review period. If the commissioner fails to notify the
6.12project proposer of completeness within 30 business days, the application is deemed to be
6.13substantially complete and subject to the 150-day permitting review period in paragraph
6.14(a) from the date it was submitted. This paragraph does not apply to an application for a
6.15permit that is subject to a grant or loan agreement under chapter 446A.
6.16(e) The commissioner shall approve or deny within 60 days an application for a
6.17minor permit or minor permit amendment. Failure of the commissioner to deny an
6.18application for a minor permit or minor permit amendment within 60 days is approval of
6.19the permit. If the commissioner receives an application that does not contain all required
6.20information, the 60-day limit starts over only if the commissioner notifies the applicant
6.21as required under paragraph (d).
6.22(f) By July 1, 2012, the commissioner shall review all types of permits issued by
6.23the agency, determine the permit and amendment types the commissioner deems minor
6.24for purposes of paragraph (e), and post a list of the permit and amendment types on the
6.25agency's Web site. The commissioner shall periodically review, update, and post the
6.26list of permits and permit amendment types subject to paragraph (e) at least every five
6.27years. Permits and permit amendments may not be deemed minor under this paragraph
6.28if approval of a permit or permit amendment according to paragraph (e) would be in
6.29violation of federal law.
6.30EFFECTIVE DATE.Paragraph (f) is effective the day following final enactment.

6.31    Sec. 11. Minnesota Statutes 2010, section 116D.04, is amended by adding a
6.32subdivision to read:
6.33    Subd. 15. Duplicative permit information; environmental assessment
6.34worksheets. The board shall not require, unless necessary, information in an
7.1environmental assessment worksheet for a proposed action when the information is also
7.2required as part of any necessary permitting process for the proposed action.

7.3    Sec. 12. REPEALER.
7.4Minnesota Statutes 2010, section 116.02, subdivisions 7 and 8, are repealed.
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