Bill Text: MN SF1027 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Environmental permitting efficiency provisions modifications; pollution control ombudsman establishment
Sponsorship: N/A
Status: (Introduced - Dead) 2013-03-04 - Referred to Environment and Energy [SF1027 Detail]
Download: Minnesota-2013-SF1027-Introduced.html
1.2relating to environment; providing for permitting efficiency; modifying terms
1.3for certain permits; creating a pollution control ombudsperson; modifying
1.4environmental review petition requirements; appropriating money;amending
1.5Minnesota Statutes 2012, sections 84.027, subdivision 14a, by adding a
1.6subdivision; 116.03, subdivision 2b, by adding subdivisions; 116D.04,
1.7subdivision 2a.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
1.10 Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
1.11and resource management permits for construction be issued or denied within150 40 days
1.12of the submission of a permit application, and that nonconstruction permits be issued or
1.13denied within 90 days of submission of a permit application. The commissioner of natural
1.14resources shall establish management systems designed to achieve the goal.
1.15(b) The commissioner shall prepare semiannual permitting efficiency reports that
1.16include statistics on meeting the goal in paragraph (a). The reports are due February 1
1.17and August 1 each year. For permit applications that have not met the goal, the report
1.18must state the reasons for not meeting the goal. In stating the reasons for not meeting the
1.19goal, the commissioner shall separately identify delays caused by the responsiveness of
1.20the proposer, lack of staff, scientific or technical disagreements, or the level of public
1.21engagement. The report must specify the number of days from initial submission of the
1.22application to the day of determination that the application is complete. The report for
1.23August 1 each year must aggregate the data for the year and assess whether program
1.24or system changes are necessary to achieve the goal. The report must be posted on the
1.25department's Web site and submitted to the governor and the chairs and ranking minority
2.1members of the house of representatives and senate committees having jurisdiction over
2.2natural resources policy and finance.
2.3(c) The commissioner shall allow electronic submission of environmental review
2.4and permit documents to the department.
2.5(d)Beginning July 1, 2011, Within 30 business days of application for a permit subject
2.6to paragraph (a), the commissioner of natural resources shall notify the project proposer,
2.7in writing, whether the application is complete or incomplete. If the commissioner
2.8determines that an application is incomplete, the notice to the applicant must enumerate
2.9all deficiencies, citing specific provisions of the applicable rules and statutes, and advise
2.10the applicant on how the deficiencies can be remedied. This paragraph does not apply to
2.11an application for a permit that is subject to a grant or loan agreement under chapter 446A.
2.12 Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
2.13to read:
2.14 Subd. 14b. Continuation of permits. If, by July 1 of an odd-numbered year, a
2.15biennial appropriation law has not been enacted to fund air, water, and land programs at
2.16the department, existing permits shall not be terminated or suspended, provided the terms
2.17and conditions of the permit and local, state, and federal laws and rules are met, regardless
2.18of the state's ability to receive, review, or process fees, reports, or other filings.
2.19 Sec. 3. Minnesota Statutes 2012, section 116.03, subdivision 2b, is amended to read:
2.20 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and
2.21resource management permits for construction be issued or denied within150 40 days of
2.22the submission of a permit application, and that nonconstruction permits be issued or denied
2.23within 90 days of submission of a permit application. The commissioner of the Pollution
2.24Control Agency shall establish management systems designed to achieve the goal.
2.25(b) The commissioner shall prepare semiannual permitting efficiency reports that
2.26include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
2.27August 1 each year. For permit applications that have not met the goal, the report must state
2.28the reasons for not meeting the goal. In stating the reasons for not meeting the goal, the
2.29commissioner shall separately identify delays caused by the responsiveness of the proposer,
2.30lack of staff, scientific or technical disagreements, or the level of public engagement. The
2.31report must specify the number of days from initial submission of the application to the day
2.32of determination that the application is complete. The report for August 1 each year must
2.33aggregate the data for the year and assess whether program or system changes are necessary
2.34to achieve the goal. The report must be posted on the agency's Web site and submitted to
3.1the governor and the chairs and ranking minority members of the house of representatives
3.2and senate committees having jurisdiction over environment policy and finance.
3.3(c) The commissioner shall allow electronic submission of environmental review
3.4and permit documents to the agency.
3.5(d)Beginning July 1, 2011, Within 30 business days of application for a permit
3.6subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
3.7the project proposer, in writing, whether the application is complete or incomplete. If the
3.8commissioner determines that an application is incomplete, the notice to the applicant
3.9must enumerate all deficiencies, citing specific provisions of the applicable rules and
3.10statutes, and advise the applicant on how the deficiencies can be remedied. This paragraph
3.11does not apply to an application for a permit that is subject to a grant or loan agreement
3.12under chapter 446A.
3.13(e) For purposes of this subdivision, "permit professional" means an individual not
3.14employed by the Pollution Control Agency who:
3.15(1) has a professional license issued by the state of Minnesota in the subject area
3.16of the permit;
3.17(2) has at least ten years of experience in the subject area of the permit; and
3.18(3) abides by the duty of candor applicable to employees of the Pollution Control
3.19Agency under agency rules and complies with all applicable requirements under chapter
3.20326.
3.21(f) Upon the agency's request, an applicant relying on a permit professional must
3.22participate in a meeting with the agency before submitting an application:
3.23(1) at least two weeks prior to the preapplication meeting, the applicant must submit
3.24at least the following:
3.25(i) project description, including, but not limited to, scope of work, primary
3.26emissions points, discharge outfalls, and water intake points;
3.27(ii) location of the project, including county, municipality, and location on the site;
3.28(iii) business schedule for project completion; and
3.29(iv) other information requested by the agency at least four weeks prior to the
3.30scheduled meeting; and
3.31 (2) during the preapplication meeting, the agency shall provide for the applicant at
3.32least the following:
3.33(i) an overview of the permit review program;
3.34(ii) a determination of which specific application or applications will be necessary
3.35to complete the project;
4.1(iii) a statement notifying the applicant if the specific permit being sought requires a
4.2mandatory public hearing or comment period;
4.3(iv) a review of the timetable established in the permit review program for the
4.4specific permit being sought; and
4.5(v) a determination of what information must be included in the application,
4.6including a description of any required modeling or testing.
4.7(g) The applicant may select a permit professional to undertake the preparation
4.8of the permit application and draft permit.
4.9(h) If a preapplication meeting was held, the agency shall, within seven business
4.10days of receipt of an application, notify the applicant and submitting permit professional
4.11that the application is complete or is denied, specifying the deficiencies of the application.
4.12(i) Upon receipt of notice that the application is complete, the permit professional
4.13shall submit to the agency a timetable for submitting a draft permit. The permit
4.14professional shall submit a draft permit on or before the date provided in the timetable.
4.15Within 60 days after the close of the public comment period, the commissioner shall notify
4.16the applicant whether the permit can be issued.
4.17(j) Nothing in this section shall be construed to modify:
4.18(1) any requirement of law that is necessary to retain federal delegation to or
4.19assumption by the state; or
4.20(2) the authority to implement a federal law or program.
4.21(k) The permit application and draft permit shall identify or include as an appendix
4.22all studies and other sources of information used to substantiate the analysis contained in
4.23the permit application and draft permit. The commissioner shall request additional studies,
4.24if needed, and the project proposer shall submit all additional studies and information
4.25necessary for the commissioner to perform the commissioner's responsibility to review,
4.26modify, and determine the completeness of the application and approve the draft permit.
4.27(l) The commissioner shall adopt rules to establish qualifications and training
4.28requirements to certify permit professionals to approve permits for hazardous waste land
4.29cleanup, above-ground storage tanks, sewer extensions, individual storm water, and
4.30construction storm water. Permits approved by a certified permit professional shall be
4.31deemed approved by the agency. The commissioner may audit the permitted sites and
4.32remove certification for substantive oversights by the certified permit professional. The
4.33commissioner may establish a fee schedule, by rule, for the certification and training
4.34program. Rules adopted under this paragraph may be adopted under the expedited
4.35rulemaking process, as provided in section 14.389, and are exempt from section 16A.1283.
5.1Fee revenue collected under this paragraph shall be deposited in the special revenue fund
5.2and is appropriated to the agency for the costs of permit professional certification.
5.3 Sec. 4. Minnesota Statutes 2012, section 116.03, is amended by adding a subdivision to
5.4read:
5.5 Subd. 2c. Continuation of permits. If, by July 1 of an odd-numbered year, a
5.6biennial appropriation law has not been enacted to fund air, water, and land programs at
5.7the agency, existing permits shall not be terminated or suspended, provided the terms and
5.8conditions of the permit and local, state, and federal laws and rules are met, regardless of
5.9the state's ability to receive, review, or process fees, reports, or other filings.
5.10 Sec. 5. Minnesota Statutes 2012, section 116.03, is amended by adding a subdivision to
5.11read:
5.12 Subd. 2d. Pollution control ombudsperson. (a) The commissioner shall appoint
5.13a person to the position of pollution control ombudsperson. The pollution control
5.14ombudsperson reports directly to the commissioner. The ombudsperson must be selected
5.15without regard to political affiliation and must be qualified to perform the duties specified
5.16in this subdivision.
5.17(b) Powers and duties of the pollution control ombudsperson include, but are not
5.18limited to:
5.19(1) providing a neutral, independent resource for dispute and issue resolution between
5.20the agency and the general public where another mechanism or forum is not available;
5.21(2) gathering information about decisions, acts, and other matters of the agency;
5.22(3) providing information to the general public;
5.23(4) facilitating discussions or arranging mediation when appropriate; and
5.24(5) maintaining and monitoring performance measures for the ombudsperson
5.25program.
5.26(c) The pollution control ombudsperson may not hold another formal position within
5.27the agency. The pollution control ombudsperson may not impose a complaint fee.
5.28 Sec. 6. Minnesota Statutes 2012, section 116D.04, subdivision 2a, is amended to read:
5.29 Subd. 2a. When prepared. Where there is potential for significant environmental
5.30effects resulting from any major governmental action, the action shall be preceded by a
5.31detailed environmental impact statement prepared by the responsible governmental unit.
5.32The environmental impact statement shall be an analytical rather than an encyclopedic
5.33document which describes the proposed action in detail, analyzes its significant
6.1environmental impacts, discusses appropriate alternatives to the proposed action and
6.2their impacts, and explores methods by which adverse environmental impacts of an
6.3action could be mitigated. The environmental impact statement shall also analyze those
6.4economic, employment, and sociological effects that cannot be avoided should the action
6.5be implemented. To ensure its use in the decision-making process, the environmental
6.6impact statement shall be prepared as early as practical in the formulation of an action.
6.7 (a) The board shall by rule establish categories of actions for which environmental
6.8impact statements and for which environmental assessment worksheets shall be prepared
6.9as well as categories of actions for which no environmental review is required under this
6.10section. A mandatory environmental assessment worksheet shall not be required for the
6.11expansion of an ethanol plant, as defined in section41A.09, subdivision 2a , paragraph
6.12(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
6.13biobutanol facility as defined in section41A.105, subdivision 1a , based on the capacity
6.14of the expanded or converted facility to produce alcohol fuel, but must be required if
6.15the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
6.16of actions for which environmental assessment worksheets must be prepared. The
6.17responsible governmental unit for an ethanol plant or biobutanol facility project for which
6.18an environmental assessment worksheet is prepared shall be the state agency with the
6.19greatest responsibility for supervising or approving the project as a whole.
6.20A mandatory environmental impact statement shall not be required for a facility
6.21or plant located outside the seven-county metropolitan area that produces less than
6.22125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, if the facility
6.23or plant is: an ethanol plant, as defined in section41A.09, subdivision 2a , paragraph
6.24(b); a biobutanol facility, as defined in section41A.105, subdivision 1a , clause (1); or a
6.25cellulosic biofuel facility, as defined in section41A.10, subdivision 1 , paragraph (d).
6.26 (b) The responsible governmental unit shall promptly publish notice of the
6.27completion of an environmental assessment worksheet by publishing the notice in at least
6.28one newspaper of general circulation in the geographic area where the project is proposed,
6.29by posting the notice on a Web site that has been designated as the official publication site
6.30for publication of proceedings, public notices, and summaries of a political subdivision in
6.31which the project is proposed, or in any other manner determined by the board and shall
6.32provide copies of the environmental assessment worksheet to the board and its member
6.33agencies. Comments on the need for an environmental impact statement may be submitted
6.34to the responsible governmental unit during a 30-day period following publication of the
6.35notice that an environmental assessment worksheet has been completed. The responsible
6.36governmental unit's decision on the need for an environmental impact statement shall be
7.1based on the environmental assessment worksheet and the comments received during the
7.2comment period, and shall be made within 15 days after the close of the comment period.
7.3The board's chair may extend the 15-day period by not more than 15 additional days upon
7.4the request of the responsible governmental unit.
7.5 (c) An environmental assessment worksheet shall also be prepared for a proposed
7.6action whenever material evidence accompanying a petition by not less than 100
7.7individuals who reside or own property in thestate county or a contiguous county where
7.8the proposed action will be located, submitted before the proposed project has received
7.9final approval by the appropriate governmental units, demonstrates that, because of the
7.10nature or location of a proposed action, there may be potential for significant environmental
7.11effects. Petitions requesting the preparation of an environmental assessment worksheet
7.12shall be submitted to the board. The chair of the board shall determine the appropriate
7.13responsible governmental unit and forward the petition to it. A decision on the need for
7.14an environmental assessment worksheet shall be made by the responsible governmental
7.15unit within 15 days after the petition is received by the responsible governmental unit.
7.16The board's chair may extend the 15-day period by not more than 15 additional days upon
7.17request of the responsible governmental unit.
7.18 (d) Except in an environmentally sensitive location where Minnesota Rules, part
7.194410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
7.20review under this chapter and rules of the board, if:
7.21 (1) the proposed action is:
7.22 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
7.23 (ii) an expansion of an existing animal feedlot facility with a total cumulative
7.24capacity of less than 1,000 animal units;
7.25 (2) the application for the animal feedlot facility includes a written commitment by
7.26the proposer to design, construct, and operate the facility in full compliance with Pollution
7.27Control Agency feedlot rules; and
7.28 (3) the county board holds a public meeting for citizen input at least ten business
7.29days prior to the Pollution Control Agency or county issuing a feedlot permit for the
7.30animal feedlot facility unless another public meeting for citizen input has been held with
7.31regard to the feedlot facility to be permitted. The exemption in this paragraph is in
7.32addition to other exemptions provided under other law and rules of the board.
7.33 (e) The board may, prior to final approval of a proposed project, require preparation
7.34of an environmental assessment worksheet by a responsible governmental unit selected
7.35by the board for any action where environmental review under this section has not been
7.36specifically provided for by rule or otherwise initiated.
8.1 (f) An early and open process shall be utilized to limit the scope of the environmental
8.2impact statement to a discussion of those impacts, which, because of the nature or location
8.3of the project, have the potential for significant environmental effects. The same process
8.4shall be utilized to determine the form, content and level of detail of the statement as well
8.5as the alternatives which are appropriate for consideration in the statement. In addition,
8.6the permits which will be required for the proposed action shall be identified during the
8.7scoping process. Further, the process shall identify those permits for which information
8.8will be developed concurrently with the environmental impact statement. The board
8.9shall provide in its rules for the expeditious completion of the scoping process. The
8.10determinations reached in the process shall be incorporated into the order requiring the
8.11preparation of an environmental impact statement.
8.12 (g) The responsible governmental unit shall, to the extent practicable, avoid
8.13duplication and ensure coordination between state and federal environmental review
8.14and between environmental review and environmental permitting. Whenever practical,
8.15information needed by a governmental unit for making final decisions on permits
8.16or other actions required for a proposed project shall be developed in conjunction
8.17with the preparation of an environmental impact statement. When an environmental
8.18impact statement is prepared for a project requiring multiple permits for which two or
8.19more agencies' decision processes include either mandatory or discretionary hearings
8.20before a hearing officer prior to the agencies' decision on the permit, the agencies
8.21may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
8.22consolidated hearing process if requested by the proposer. All agencies having jurisdiction
8.23over a permit that is included in the consolidated hearing shall participate. The responsible
8.24governmental unit shall establish appropriate procedures for the consolidated hearing
8.25process, including procedures to ensure that the consolidated hearing process is consistent
8.26with the applicable requirements for each permit regarding the rights and duties of parties to
8.27the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
8.28The procedures of section116C.28, subdivision 2 , apply to the consolidated hearing.
8.29 (h) An environmental impact statement shall be prepared and its adequacy
8.30determined within 280 days after notice of its preparation unless the time is extended by
8.31consent of the parties or by the governor for good cause. The responsible governmental
8.32unit shall determine the adequacy of an environmental impact statement, unless within 60
8.33days after notice is published that an environmental impact statement will be prepared,
8.34the board chooses to determine the adequacy of an environmental impact statement. If an
8.35environmental impact statement is found to be inadequate, the responsible governmental
8.36unit shall have 60 days to prepare an adequate environmental impact statement.
9.1 (i) The proposer of a specific action may include in the information submitted to the
9.2responsible governmental unit a preliminary draft environmental impact statement under
9.3this section on that action for review, modification, and determination of completeness and
9.4adequacy by the responsible governmental unit. A preliminary draft environmental impact
9.5statement prepared by the project proposer and submitted to the responsible governmental
9.6unit shall identify or include as an appendix all studies and other sources of information
9.7used to substantiate the analysis contained in the preliminary draft environmental impact
9.8statement. The responsible governmental unit shall require additional studies, if needed,
9.9and obtain from the project proposer all additional studies and information necessary for
9.10the responsible governmental unit to perform its responsibility to review, modify, and
9.11determine the completeness and adequacy of the environmental impact statement.
1.3for certain permits; creating a pollution control ombudsperson; modifying
1.4environmental review petition requirements; appropriating money;amending
1.5Minnesota Statutes 2012, sections 84.027, subdivision 14a, by adding a
1.6subdivision; 116.03, subdivision 2b, by adding subdivisions; 116D.04,
1.7subdivision 2a.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
1.10 Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
1.11and resource management permits for construction be issued or denied within
1.12of the submission of a permit application, and that nonconstruction permits be issued or
1.13denied within 90 days of submission of a permit application. The commissioner of natural
1.14resources shall establish management systems designed to achieve the goal.
1.15(b) The commissioner shall prepare semiannual permitting efficiency reports that
1.16include statistics on meeting the goal in paragraph (a). The reports are due February 1
1.17and August 1 each year. For permit applications that have not met the goal, the report
1.18must state the reasons for not meeting the goal. In stating the reasons for not meeting the
1.19goal, the commissioner shall separately identify delays caused by the responsiveness of
1.20the proposer, lack of staff, scientific or technical disagreements, or the level of public
1.21engagement. The report must specify the number of days from initial submission of the
1.22application to the day of determination that the application is complete. The report for
1.23August 1 each year must aggregate the data for the year and assess whether program
1.24or system changes are necessary to achieve the goal. The report must be posted on the
1.25department's Web site and submitted to the governor and the chairs and ranking minority
2.1members of the house of representatives and senate committees having jurisdiction over
2.2natural resources policy and finance.
2.3(c) The commissioner shall allow electronic submission of environmental review
2.4and permit documents to the department.
2.5(d)
2.6to paragraph (a), the commissioner of natural resources shall notify the project proposer,
2.7in writing, whether the application is complete or incomplete. If the commissioner
2.8determines that an application is incomplete, the notice to the applicant must enumerate
2.9all deficiencies, citing specific provisions of the applicable rules and statutes, and advise
2.10the applicant on how the deficiencies can be remedied. This paragraph does not apply to
2.11an application for a permit that is subject to a grant or loan agreement under chapter 446A.
2.12 Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
2.13to read:
2.14 Subd. 14b. Continuation of permits. If, by July 1 of an odd-numbered year, a
2.15biennial appropriation law has not been enacted to fund air, water, and land programs at
2.16the department, existing permits shall not be terminated or suspended, provided the terms
2.17and conditions of the permit and local, state, and federal laws and rules are met, regardless
2.18of the state's ability to receive, review, or process fees, reports, or other filings.
2.19 Sec. 3. Minnesota Statutes 2012, section 116.03, subdivision 2b, is amended to read:
2.20 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and
2.21resource management permits for construction be issued or denied within
2.22the submission of a permit application, and that nonconstruction permits be issued or denied
2.23within 90 days of submission of a permit application. The commissioner of the Pollution
2.24Control Agency shall establish management systems designed to achieve the goal.
2.25(b) The commissioner shall prepare semiannual permitting efficiency reports that
2.26include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
2.27August 1 each year. For permit applications that have not met the goal, the report must state
2.28the reasons for not meeting the goal. In stating the reasons for not meeting the goal, the
2.29commissioner shall separately identify delays caused by the responsiveness of the proposer,
2.30lack of staff, scientific or technical disagreements, or the level of public engagement. The
2.31report must specify the number of days from initial submission of the application to the day
2.32of determination that the application is complete. The report for August 1 each year must
2.33aggregate the data for the year and assess whether program or system changes are necessary
2.34to achieve the goal. The report must be posted on the agency's Web site and submitted to
3.1the governor and the chairs and ranking minority members of the house of representatives
3.2and senate committees having jurisdiction over environment policy and finance.
3.3(c) The commissioner shall allow electronic submission of environmental review
3.4and permit documents to the agency.
3.5(d)
3.6subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
3.7the project proposer, in writing, whether the application is complete or incomplete. If the
3.8commissioner determines that an application is incomplete, the notice to the applicant
3.9must enumerate all deficiencies, citing specific provisions of the applicable rules and
3.10statutes, and advise the applicant on how the deficiencies can be remedied. This paragraph
3.11does not apply to an application for a permit that is subject to a grant or loan agreement
3.12under chapter 446A.
3.13(e) For purposes of this subdivision, "permit professional" means an individual not
3.14employed by the Pollution Control Agency who:
3.15(1) has a professional license issued by the state of Minnesota in the subject area
3.16of the permit;
3.17(2) has at least ten years of experience in the subject area of the permit; and
3.18(3) abides by the duty of candor applicable to employees of the Pollution Control
3.19Agency under agency rules and complies with all applicable requirements under chapter
3.20326.
3.21(f) Upon the agency's request, an applicant relying on a permit professional must
3.22participate in a meeting with the agency before submitting an application:
3.23(1) at least two weeks prior to the preapplication meeting, the applicant must submit
3.24at least the following:
3.25(i) project description, including, but not limited to, scope of work, primary
3.26emissions points, discharge outfalls, and water intake points;
3.27(ii) location of the project, including county, municipality, and location on the site;
3.28(iii) business schedule for project completion; and
3.29(iv) other information requested by the agency at least four weeks prior to the
3.30scheduled meeting; and
3.31 (2) during the preapplication meeting, the agency shall provide for the applicant at
3.32least the following:
3.33(i) an overview of the permit review program;
3.34(ii) a determination of which specific application or applications will be necessary
3.35to complete the project;
4.1(iii) a statement notifying the applicant if the specific permit being sought requires a
4.2mandatory public hearing or comment period;
4.3(iv) a review of the timetable established in the permit review program for the
4.4specific permit being sought; and
4.5(v) a determination of what information must be included in the application,
4.6including a description of any required modeling or testing.
4.7(g) The applicant may select a permit professional to undertake the preparation
4.8of the permit application and draft permit.
4.9(h) If a preapplication meeting was held, the agency shall, within seven business
4.10days of receipt of an application, notify the applicant and submitting permit professional
4.11that the application is complete or is denied, specifying the deficiencies of the application.
4.12(i) Upon receipt of notice that the application is complete, the permit professional
4.13shall submit to the agency a timetable for submitting a draft permit. The permit
4.14professional shall submit a draft permit on or before the date provided in the timetable.
4.15Within 60 days after the close of the public comment period, the commissioner shall notify
4.16the applicant whether the permit can be issued.
4.17(j) Nothing in this section shall be construed to modify:
4.18(1) any requirement of law that is necessary to retain federal delegation to or
4.19assumption by the state; or
4.20(2) the authority to implement a federal law or program.
4.21(k) The permit application and draft permit shall identify or include as an appendix
4.22all studies and other sources of information used to substantiate the analysis contained in
4.23the permit application and draft permit. The commissioner shall request additional studies,
4.24if needed, and the project proposer shall submit all additional studies and information
4.25necessary for the commissioner to perform the commissioner's responsibility to review,
4.26modify, and determine the completeness of the application and approve the draft permit.
4.27(l) The commissioner shall adopt rules to establish qualifications and training
4.28requirements to certify permit professionals to approve permits for hazardous waste land
4.29cleanup, above-ground storage tanks, sewer extensions, individual storm water, and
4.30construction storm water. Permits approved by a certified permit professional shall be
4.31deemed approved by the agency. The commissioner may audit the permitted sites and
4.32remove certification for substantive oversights by the certified permit professional. The
4.33commissioner may establish a fee schedule, by rule, for the certification and training
4.34program. Rules adopted under this paragraph may be adopted under the expedited
4.35rulemaking process, as provided in section 14.389, and are exempt from section 16A.1283.
5.1Fee revenue collected under this paragraph shall be deposited in the special revenue fund
5.2and is appropriated to the agency for the costs of permit professional certification.
5.3 Sec. 4. Minnesota Statutes 2012, section 116.03, is amended by adding a subdivision to
5.4read:
5.5 Subd. 2c. Continuation of permits. If, by July 1 of an odd-numbered year, a
5.6biennial appropriation law has not been enacted to fund air, water, and land programs at
5.7the agency, existing permits shall not be terminated or suspended, provided the terms and
5.8conditions of the permit and local, state, and federal laws and rules are met, regardless of
5.9the state's ability to receive, review, or process fees, reports, or other filings.
5.10 Sec. 5. Minnesota Statutes 2012, section 116.03, is amended by adding a subdivision to
5.11read:
5.12 Subd. 2d. Pollution control ombudsperson. (a) The commissioner shall appoint
5.13a person to the position of pollution control ombudsperson. The pollution control
5.14ombudsperson reports directly to the commissioner. The ombudsperson must be selected
5.15without regard to political affiliation and must be qualified to perform the duties specified
5.16in this subdivision.
5.17(b) Powers and duties of the pollution control ombudsperson include, but are not
5.18limited to:
5.19(1) providing a neutral, independent resource for dispute and issue resolution between
5.20the agency and the general public where another mechanism or forum is not available;
5.21(2) gathering information about decisions, acts, and other matters of the agency;
5.22(3) providing information to the general public;
5.23(4) facilitating discussions or arranging mediation when appropriate; and
5.24(5) maintaining and monitoring performance measures for the ombudsperson
5.25program.
5.26(c) The pollution control ombudsperson may not hold another formal position within
5.27the agency. The pollution control ombudsperson may not impose a complaint fee.
5.28 Sec. 6. Minnesota Statutes 2012, section 116D.04, subdivision 2a, is amended to read:
5.29 Subd. 2a. When prepared. Where there is potential for significant environmental
5.30effects resulting from any major governmental action, the action shall be preceded by a
5.31detailed environmental impact statement prepared by the responsible governmental unit.
5.32The environmental impact statement shall be an analytical rather than an encyclopedic
5.33document which describes the proposed action in detail, analyzes its significant
6.1environmental impacts, discusses appropriate alternatives to the proposed action and
6.2their impacts, and explores methods by which adverse environmental impacts of an
6.3action could be mitigated. The environmental impact statement shall also analyze those
6.4economic, employment, and sociological effects that cannot be avoided should the action
6.5be implemented. To ensure its use in the decision-making process, the environmental
6.6impact statement shall be prepared as early as practical in the formulation of an action.
6.7 (a) The board shall by rule establish categories of actions for which environmental
6.8impact statements and for which environmental assessment worksheets shall be prepared
6.9as well as categories of actions for which no environmental review is required under this
6.10section. A mandatory environmental assessment worksheet shall not be required for the
6.11expansion of an ethanol plant, as defined in section
6.12(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
6.13biobutanol facility as defined in section
6.14of the expanded or converted facility to produce alcohol fuel, but must be required if
6.15the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
6.16of actions for which environmental assessment worksheets must be prepared. The
6.17responsible governmental unit for an ethanol plant or biobutanol facility project for which
6.18an environmental assessment worksheet is prepared shall be the state agency with the
6.19greatest responsibility for supervising or approving the project as a whole.
6.20A mandatory environmental impact statement shall not be required for a facility
6.21or plant located outside the seven-county metropolitan area that produces less than
6.22125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, if the facility
6.23or plant is: an ethanol plant, as defined in section
6.24(b); a biobutanol facility, as defined in section
6.25cellulosic biofuel facility, as defined in section
6.26 (b) The responsible governmental unit shall promptly publish notice of the
6.27completion of an environmental assessment worksheet by publishing the notice in at least
6.28one newspaper of general circulation in the geographic area where the project is proposed,
6.29by posting the notice on a Web site that has been designated as the official publication site
6.30for publication of proceedings, public notices, and summaries of a political subdivision in
6.31which the project is proposed, or in any other manner determined by the board and shall
6.32provide copies of the environmental assessment worksheet to the board and its member
6.33agencies. Comments on the need for an environmental impact statement may be submitted
6.34to the responsible governmental unit during a 30-day period following publication of the
6.35notice that an environmental assessment worksheet has been completed. The responsible
6.36governmental unit's decision on the need for an environmental impact statement shall be
7.1based on the environmental assessment worksheet and the comments received during the
7.2comment period, and shall be made within 15 days after the close of the comment period.
7.3The board's chair may extend the 15-day period by not more than 15 additional days upon
7.4the request of the responsible governmental unit.
7.5 (c) An environmental assessment worksheet shall also be prepared for a proposed
7.6action whenever material evidence accompanying a petition by not less than 100
7.7individuals who reside or own property in the
7.8the proposed action will be located, submitted before the proposed project has received
7.9final approval by the appropriate governmental units, demonstrates that, because of the
7.10nature or location of a proposed action, there may be potential for significant environmental
7.11effects. Petitions requesting the preparation of an environmental assessment worksheet
7.12shall be submitted to the board. The chair of the board shall determine the appropriate
7.13responsible governmental unit and forward the petition to it. A decision on the need for
7.14an environmental assessment worksheet shall be made by the responsible governmental
7.15unit within 15 days after the petition is received by the responsible governmental unit.
7.16The board's chair may extend the 15-day period by not more than 15 additional days upon
7.17request of the responsible governmental unit.
7.18 (d) Except in an environmentally sensitive location where Minnesota Rules, part
7.194410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
7.20review under this chapter and rules of the board, if:
7.21 (1) the proposed action is:
7.22 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
7.23 (ii) an expansion of an existing animal feedlot facility with a total cumulative
7.24capacity of less than 1,000 animal units;
7.25 (2) the application for the animal feedlot facility includes a written commitment by
7.26the proposer to design, construct, and operate the facility in full compliance with Pollution
7.27Control Agency feedlot rules; and
7.28 (3) the county board holds a public meeting for citizen input at least ten business
7.29days prior to the Pollution Control Agency or county issuing a feedlot permit for the
7.30animal feedlot facility unless another public meeting for citizen input has been held with
7.31regard to the feedlot facility to be permitted. The exemption in this paragraph is in
7.32addition to other exemptions provided under other law and rules of the board.
7.33 (e) The board may, prior to final approval of a proposed project, require preparation
7.34of an environmental assessment worksheet by a responsible governmental unit selected
7.35by the board for any action where environmental review under this section has not been
7.36specifically provided for by rule or otherwise initiated.
8.1 (f) An early and open process shall be utilized to limit the scope of the environmental
8.2impact statement to a discussion of those impacts, which, because of the nature or location
8.3of the project, have the potential for significant environmental effects. The same process
8.4shall be utilized to determine the form, content and level of detail of the statement as well
8.5as the alternatives which are appropriate for consideration in the statement. In addition,
8.6the permits which will be required for the proposed action shall be identified during the
8.7scoping process. Further, the process shall identify those permits for which information
8.8will be developed concurrently with the environmental impact statement. The board
8.9shall provide in its rules for the expeditious completion of the scoping process. The
8.10determinations reached in the process shall be incorporated into the order requiring the
8.11preparation of an environmental impact statement.
8.12 (g) The responsible governmental unit shall, to the extent practicable, avoid
8.13duplication and ensure coordination between state and federal environmental review
8.14and between environmental review and environmental permitting. Whenever practical,
8.15information needed by a governmental unit for making final decisions on permits
8.16or other actions required for a proposed project shall be developed in conjunction
8.17with the preparation of an environmental impact statement. When an environmental
8.18impact statement is prepared for a project requiring multiple permits for which two or
8.19more agencies' decision processes include either mandatory or discretionary hearings
8.20before a hearing officer prior to the agencies' decision on the permit, the agencies
8.21may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
8.22consolidated hearing process if requested by the proposer. All agencies having jurisdiction
8.23over a permit that is included in the consolidated hearing shall participate. The responsible
8.24governmental unit shall establish appropriate procedures for the consolidated hearing
8.25process, including procedures to ensure that the consolidated hearing process is consistent
8.26with the applicable requirements for each permit regarding the rights and duties of parties to
8.27the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
8.28The procedures of section
8.29 (h) An environmental impact statement shall be prepared and its adequacy
8.30determined within 280 days after notice of its preparation unless the time is extended by
8.31consent of the parties or by the governor for good cause. The responsible governmental
8.32unit shall determine the adequacy of an environmental impact statement, unless within 60
8.33days after notice is published that an environmental impact statement will be prepared,
8.34the board chooses to determine the adequacy of an environmental impact statement. If an
8.35environmental impact statement is found to be inadequate, the responsible governmental
8.36unit shall have 60 days to prepare an adequate environmental impact statement.
9.1 (i) The proposer of a specific action may include in the information submitted to the
9.2responsible governmental unit a preliminary draft environmental impact statement under
9.3this section on that action for review, modification, and determination of completeness and
9.4adequacy by the responsible governmental unit. A preliminary draft environmental impact
9.5statement prepared by the project proposer and submitted to the responsible governmental
9.6unit shall identify or include as an appendix all studies and other sources of information
9.7used to substantiate the analysis contained in the preliminary draft environmental impact
9.8statement. The responsible governmental unit shall require additional studies, if needed,
9.9and obtain from the project proposer all additional studies and information necessary for
9.10the responsible governmental unit to perform its responsibility to review, modify, and
9.11determine the completeness and adequacy of the environmental impact statement.
