Bill Text: MN SF1149 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Environmental and resource management permitting efficiencies creation and modifications
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2013-03-07 - Referred to Environment and Energy [SF1149 Detail]
Download: Minnesota-2013-SF1149-Introduced.html
1.2relating to environment; modifying and creating permitting efficiencies;
1.3modifying duties of Pollution Control Agency; requiring rulemaking;
1.4appropriating money;amending Minnesota Statutes 2012, sections 84.027,
1.5subdivision 14a, by adding a subdivision; 115.03, subdivision 1; 116.03,
1.6subdivision 2b; 116.07, subdivision 4d; 116J.035, subdivision 8.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
1.9 Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
1.10and resource management permits be issued or denied within 90 days for Tier 1 permits
1.11or 150 daysof the for Tier 2 permits following submission of a permit application.
1.12The commissioner of natural resources shall establish management systems designed
1.13to achieve the goal.
1.14(b) The commissioner shall prepare semiannual permitting efficiency reports that
1.15include statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2
1.16by permit categories. The reports are due February 1 and August 1 each year. For permit
1.17applications that have not met the goal, the report must state the reasons for not meeting
1.18the goal. In stating the reasons for not meeting the goal, the commissioner shall separately
1.19identify delays caused by the responsiveness of the proposer, lack of staff, scientific or
1.20technical disagreements, or the level of public engagement. The report must specify the
1.21number of days from initial submission of the application to the day of determination that
1.22the application is complete. The report for August 1 each year must aggregate the data for
1.23the year and assess whether program or system changes are necessary to achieve the goal.
1.24The report must be posted on the department's Web site and submitted to the governor
2.1and the chairs and ranking minority members of the house of representatives and senate
2.2committees having jurisdiction over natural 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
2.6subject to paragraph (a), the commissioner of natural resources shall notify the
2.7project proposer, in writing, whether the application is complete or incomplete. If the
2.8commissioner determines that an application is incomplete, the notice to the applicant must
2.9enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
2.10and advise the applicant on how the deficiencies can be remedied. If the commissioner
2.11determines that the application is complete, the notice must confirm the application's Tier
2.121 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
2.13is subject to a grant or loan agreement under chapter 446A.
2.14EFFECTIVE DATE.This section is effective January 1, 2014.
2.15 Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
2.16to read:
2.17 Subd. 14b. Expediting costs; reimbursement. Permit applicants who wish
2.18to construct, reconstruct, modify, or operate a facility needing any permit from the
2.19commissioner of natural resources may offer to reimburse the department for the costs
2.20of staff time or consultant services needed to expedite the permit development process,
2.21including the analysis of environmental review documents. The reimbursement shall be in
2.22addition to permit application fees imposed by law. When the commissioner determines
2.23that additional resources are needed to develop the permit application in an expedited
2.24manner, and that expediting the development is consistent with permitting program
2.25priorities, the commissioner may accept the reimbursement. Reimbursements accepted
2.26by the commissioner are appropriated to the commissioner for the purpose of developing
2.27the permit or analyzing environmental review documents. Reimbursement by a permit
2.28applicant shall precede and not be contingent upon issuance of a permit; shall not affect
2.29the commissioner's decision on whether to issue or deny a permit, what conditions are
2.30included in a permit, or the application of state and federal statutes and rules governing
2.31permit determinations; and shall not affect final decisions regarding environmental review.
2.32 Sec. 3. Minnesota Statutes 2012, section 115.03, subdivision 1, is amended to read:
2.33 Subdivision 1. Generally. The agency is hereby given and charged with the
2.34following powers and duties:
3.1(a) to administer and enforce all laws relating to the pollution of any of the waters of
3.2the state;
3.3(b) to investigate the extent, character, and effect of the pollution of the waters of
3.4this state and to gather data and information necessary or desirable in the administration
3.5or enforcement of pollution laws, and to make such classification of the waters of the
3.6state as it may deem advisable;
3.7(c) to establish and alter such reasonable pollution standards for any waters of
3.8the state in relation to the public use to which they are or may be put as it shall deem
3.9necessary for the purposes of this chapter and, with respect to the pollution of waters
3.10of the state, chapter 116;
3.11(d) to encourage waste treatment, including advanced waste treatment, instead of
3.12stream low-flow augmentation for dilution purposes to control and prevent pollution;
3.13(e) to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
3.14orders, permits, variances, standards, rules, schedules of compliance, and stipulation
3.15agreements, under such conditions as it may prescribe, in order to prevent, control or abate
3.16water pollution, or for the installation or operation of disposal systems or parts thereof, or
3.17for other equipment and facilities:
3.18(1) requiring the discontinuance of the discharge of sewage, industrial waste or
3.19other wastes into any waters of the state resulting in pollution in excess of the applicable
3.20pollution standard established under this chapter;
3.21(2) prohibiting or directing the abatement of any discharge of sewage, industrial
3.22waste, or other wastes, into any waters of the state or the deposit thereof or the discharge
3.23into any municipal disposal system where the same is likely to get into any waters of the
3.24state in violation of this chapter and, with respect to the pollution of waters of the state,
3.25chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and
3.26specifying the schedule of compliance within which such prohibition or abatement must
3.27be accomplished;
3.28(3) prohibiting the storage of any liquid or solid substance or other pollutant in a
3.29manner which does not reasonably assure proper retention against entry into any waters of
3.30the state that would be likely to pollute any waters of the state;
3.31(4) requiring the construction, installation, maintenance, and operation by any
3.32person of any disposal system or any part thereof, or other equipment and facilities, or
3.33the reconstruction, alteration, or enlargement of its existing disposal system or any part
3.34thereof, or the adoption of other remedial measures to prevent, control or abate any
3.35discharge or deposit of sewage, industrial waste or other wastes by any person;
4.1(5) establishing, and from time to time revising, standards of performance for new
4.2sources taking into consideration, among other things, classes, types, sizes, and categories
4.3of sources, processes, pollution control technology, cost of achieving such effluent
4.4reduction, and any nonwater quality environmental impact and energy requirements.
4.5Said standards of performance for new sources shall encompass those standards for the
4.6control of the discharge of pollutants which reflect the greatest degree of effluent reduction
4.7which the agency determines to be achievable through application of the best available
4.8demonstrated control technology, processes, operating methods, or other alternatives,
4.9including, where practicable, a standard permitting no discharge of pollutants. New
4.10sources shall encompass buildings, structures, facilities, or installations from which there
4.11is or may be the discharge of pollutants, the construction of which is commenced after the
4.12publication by the agency of proposed rules prescribing a standard of performance which
4.13will be applicable to such source. Notwithstanding any other provision of the law of this
4.14state, any point source the construction of which is commenced after May 20, 1973, and
4.15which is so constructed as to meet all applicable standards of performance for new sources
4.16shall, consistent with and subject to the provisions of section 306(d) of the Amendments
4.17of 1972 to the Federal Water Pollution Control Act, not be subject to any more stringent
4.18standard of performance for new sources during a ten-year period beginning on the date
4.19of completion of such construction or during the period of depreciation or amortization
4.20of such facility for the purposes of section 167 or 169, or both, of the Federal Internal
4.21Revenue Code of 1954, whichever period ends first. Construction shall encompass any
4.22placement, assembly, or installation of facilities or equipment, including contractual
4.23obligations to purchase such facilities or equipment, at the premises where such equipment
4.24will be used, including preparation work at such premises;
4.25(6) establishing and revising pretreatment standards to prevent or abate the discharge
4.26of any pollutant into any publicly owned disposal system, which pollutant interferes with,
4.27passes through, or otherwise is incompatible with such disposal system;
4.28(7) requiring the owner or operator of any disposal system or any point source to
4.29establish and maintain such records, make such reports, install, use, and maintain such
4.30monitoring equipment or methods, including where appropriate biological monitoring
4.31methods, sample such effluents in accordance with such methods, at such locations, at
4.32such intervals, and in such a manner as the agency shall prescribe, and providing such
4.33other information as the agency may reasonably require;
4.34(8) notwithstanding any other provision of this chapter, and with respect to the
4.35pollution of waters of the state, chapter 116, requiring the achievement of more stringent
4.36limitations than otherwise imposed by effluent limitations in order to meet any applicable
5.1water quality standard by establishing new effluent limitations, based upon section115.01,
5.2subdivision 13 , clause (b), including alternative effluent control strategies for any point
5.3source or group of point sources to insure the integrity of water quality classifications,
5.4whenever the agency determines that discharges of pollutants from such point source or
5.5sources, with the application of effluent limitations required to comply with any standard
5.6of best available technology, would interfere with the attainment or maintenance of
5.7the water quality classification in a specific portion of the waters of the state. Prior to
5.8establishment of any such effluent limitation, the agency shall hold a public hearing to
5.9determine the relationship of the economic and social costs of achieving such limitation
5.10or limitations, including any economic or social dislocation in the affected community
5.11or communities, to the social and economic benefits to be obtained and to determine
5.12whether or not such effluent limitation can be implemented with available technology or
5.13other alternative control strategies. If a person affected by such limitation demonstrates at
5.14such hearing that, whether or not such technology or other alternative control strategies
5.15are available, there is no reasonable relationship between the economic and social costs
5.16and the benefits to be obtained, such limitation shall not become effective and shall be
5.17adjusted as it applies to such person;
5.18(9) modifying, in its discretion, any requirement or limitation based upon best
5.19available technology with respect to any point source for which a permit application is
5.20filed after July 1, 1977, upon a showing by the owner or operator of such point source
5.21satisfactory to the agency that such modified requirements will represent the maximum
5.22use of technology within the economic capability of the owner or operator and will result
5.23in reasonable further progress toward the elimination of the discharge of pollutants; and
5.24(10) requiring that applicants for wastewater discharge permits evaluate in their
5.25applications the potential reuses of the discharged wastewater;
5.26(f) to require to be submitted and to approve plans and specifications for disposal
5.27systems or point sources, or any part thereof and to inspect the construction thereof for
5.28compliance with the approved plans and specifications thereof;
5.29(g) to prescribe and alter rules, not inconsistent with law, for the conduct of the
5.30agency and other matters within the scope of the powers granted to and imposed upon it by
5.31this chapter and, with respect to pollution of waters of the state, in chapter 116, provided
5.32that every rule affecting any other department or agency of the state or any person other
5.33than a member or employee of the agency shall be filed with the secretary of state;
5.34(h) to conduct such investigations, issue such notices, public and otherwise, and hold
5.35such hearings as are necessary or which it may deem advisable for the discharge of its
5.36duties under this chapter and, with respect to the pollution of waters of the state, under
6.1chapter 116, including, but not limited to, the issuance of permits, and to authorize any
6.2member, employee, or agent appointed by it to conduct such investigations or, issue such
6.3notices and hold such hearings;
6.4(i) for the purpose of water pollution control planning by the state and pursuant to
6.5the Federal Water Pollution Control Act, as amended, to establish and revise planning
6.6areas, adopt plans and programs and continuing planning processes, including, but not
6.7limited to, basin plans and areawide waste treatment management plans, and to provide
6.8for the implementation of any such plans by means of, including, but not limited to,
6.9standards, plan elements, procedures for revision, intergovernmental cooperation, residual
6.10treatment process waste controls, and needs inventory and ranking for construction
6.11of disposal systems;
6.12(j) to train water pollution control personnel, and charge such fees therefor as are
6.13necessary to cover the agency's costs. All such fees received shall be paid into the state
6.14treasury and credited to the Pollution Control Agency training account;
6.15(k) to impose as additional conditions in permits to publicly owned disposal
6.16systems appropriate measures to insure compliance by industrial and other users with any
6.17pretreatment standard, including, but not limited to, those related to toxic pollutants, and
6.18any system of user charges ratably as is hereby required under state law or said Federal
6.19Water Pollution Control Act, as amended, or any regulations or guidelines promulgated
6.20thereunder;
6.21(l) to set a period not to exceed five years for the duration of any national pollutant
6.22discharge elimination system permit or not to exceed ten years for any permit issued as a
6.23state disposal system permit only;
6.24(m) to require each governmental subdivision identified as a permittee for a
6.25wastewater treatment works to evaluate in every odd-numbered year the condition of its
6.26existing system and identify future capital improvements that will be needed to attain
6.27or maintain compliance with a national pollutant discharge elimination system or state
6.28disposal system permit; and
6.29(n) to train subsurface sewage treatment system personnel, including persons who
6.30design, construct, install, inspect, service, and operate subsurface sewage treatment
6.31systems, and charge fees as necessary to pay the agency's costs. All fees received must be
6.32paid into the state treasury and credited to the agency's training account. Money in the
6.33account is appropriated to the agency to pay expenses related to training.
6.34The information required in clause (m) must be submitted in every odd-numbered year
6.35to the commissioner on a form provided by the commissioner. The commissioner shall
6.36provide technical assistance if requested by the governmental subdivision.
7.1The powers and duties given the agency in this subdivision also apply to permits
7.2issued under chapter 114C.
7.3 Sec. 4. Minnesota Statutes 2012, section 116.03, subdivision 2b, is amended to read:
7.4 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental
7.5and resource management permits be issued or denied within 90 days for Tier 1 permits
7.6or 150 daysof the for Tier 2 permits following submission of a permit application. The
7.7commissioner of the Pollution Control Agency shall establish management systems
7.8designed to achieve the goal.
7.9(b) The commissioner shall prepare semiannual permitting efficiency reports that
7.10include statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2
7.11by permit categories. The reports are due February 1 and August 1 each year. For permit
7.12applications that have not met the goal, the report must state the reasons for not meeting
7.13the goal. In stating the reasons for not meeting the goal, the commissioner shall separately
7.14identify delays caused by the responsiveness of the proposer, lack of staff, scientific or
7.15technical disagreements, or the level of public engagement. The report must specify the
7.16number of days from initial submission of the application to the day of determination that
7.17the application is complete. The report for August 1 each year must aggregate the data
7.18for the year and assess whether program or system changes are necessary to achieve the
7.19goal. The report must be posted on the agency's Web site and submitted to the governor
7.20and the chairs and ranking minority members of the house of representatives and senate
7.21committees having jurisdiction over environment policy and finance.
7.22(c) The commissioner shall allow electronic submission of environmental review
7.23and permit documents to the agency.
7.24(d) Beginning July 1, 2011, within 30 business days of application for a permit
7.25subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
7.26the project proposer, in writing, whether the application is complete or incomplete. If the
7.27commissioner determines that an application is incomplete, the notice to the applicant must
7.28enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
7.29and advise the applicant on how the deficiencies can be remedied. If the commissioner
7.30determines that the application is complete, the notice must confirm the application's Tier
7.311 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
7.32is subject to a grant or loan agreement under chapter 446A.
7.33(e) For purposes of this subdivision, "permit professional" means an individual not
7.34employed by the Pollution Control Agency who:
8.1(1) has a professional license issued by the state of Minnesota in the subject area
8.2of the permit;
8.3(2) has at least ten years of experience in the subject area of the permit; and
8.4(3) abides by the duty of candor applicable to employees of the Pollution Control
8.5Agency under agency rules and complies with all applicable requirements under chapter
8.6326.
8.7(f) Upon the agency's request, an applicant relying on a permit professional must
8.8participate in a meeting with the agency before submitting an application:
8.9(1) at least two weeks prior to the preapplication meeting, the applicant must submit
8.10at least the following:
8.11(i) project description, including, but not limited to, scope of work, primary
8.12emissions points, discharge outfalls, and water intake points;
8.13(ii) location of the project, including county, municipality, and location on the site;
8.14(iii) business schedule for project completion; and
8.15(iv) other information requested by the agency at least four weeks prior to the
8.16scheduled meeting; and
8.17 (2) during the preapplication meeting, the agency shall provide for the applicant at
8.18least the following:
8.19(i) an overview of the permit review program;
8.20(ii) a determination of which specific application or applications will be necessary
8.21to complete the project;
8.22(iii) a statement notifying the applicant if the specific permit being sought requires a
8.23mandatory public hearing or comment period;
8.24(iv) a review of the timetable established in the permit review program for the
8.25specific permit being sought; and
8.26(v) a determination of what information must be included in the application,
8.27including a description of any required modeling or testing.
8.28(g) The applicant may select a permit professional to undertake the preparation
8.29of the permit application and draft permit.
8.30(h) If a preapplication meeting was held, the agency shall, within seven business
8.31days of receipt of an application, notify the applicant and submitting permit professional
8.32that the application is complete or is denied, specifying the deficiencies of the application.
8.33(i) Upon receipt of notice that the application is complete, the permit professional
8.34shall submit to the agency a timetable for submitting a draft permit. The permit
8.35professional shall submit a draft permit on or before the date provided in the timetable.
9.1Within 60 days after the close of the public comment period, the commissioner shall notify
9.2the applicant whether the permit can be issued.
9.3(j) Nothing in this section shall be construed to modify:
9.4(1) any requirement of law that is necessary to retain federal delegation to or
9.5assumption by the state; or
9.6(2) the authority to implement a federal law or program.
9.7(k) The permit application and draft permit shall identify or include as an appendix
9.8all studies and other sources of information used to substantiate the analysis contained in
9.9the permit application and draft permit. The commissioner shall request additional studies,
9.10if needed, and the project proposer shall submit all additional studies and information
9.11necessary for the commissioner to perform the commissioner's responsibility to review,
9.12modify, and determine the completeness of the application and approve the draft permit.
9.13EFFECTIVE DATE.This section is effective January 1, 2014.
9.14 Sec. 5. Minnesota Statutes 2012, section 116.07, subdivision 4d, is amended to read:
9.15 Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
9.16than those necessary to cover the reasonable costs of developing, reviewing, and acting
9.17upon applications for agency permits and implementing and enforcing the conditions of
9.18the permits pursuant to agency rules. Permit fees shall not include the costs of litigation.
9.19The fee schedule must reflect reasonable and routine direct and indirect costs associated
9.20with permitting, implementation, and enforcement. The agency may impose an additional
9.21enforcement fee to be collected for a period of up to two years to cover the reasonable costs
9.22of implementing and enforcing the conditions of a permit under the rules of the agency.
9.23Any money collected under this paragraph shall be deposited in the environmental fund.
9.24(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from
9.25the owner or operator of all stationary sources, emission facilities, emissions units, air
9.26contaminant treatment facilities, treatment facilities, potential air contaminant storage
9.27facilities, or storage facilities subject to the requirement to obtain a permit under
9.28subchapter V of the federal Clean Air Act, United States Code, title 42, section 7401 et
9.29seq., or section116.081 . The annual fee shall be used to pay for all direct and indirect
9.30reasonable costs, including attorney general costs, required to develop and administer
9.31the permit program requirements of subchapter V of the federal Clean Air Act, United
9.32States Code, title 42, section 7401 et seq., and sections of this chapter and the rules
9.33adopted under this chapter related to air contamination and noise. Those costs include the
9.34reasonable costs of reviewing and acting upon an application for a permit; implementing
9.35and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient,
10.1and deposition monitoring; preparing generally applicable regulations; responding to
10.2federal guidance; modeling, analyses, and demonstrations; preparing inventories and
10.3tracking emissions; and providing information to the public about these activities.
10.4(c) The agency shall set fees that:
10.5(1) will result in the collection, in the aggregate, from the sources listed in paragraph
10.6(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
10.7regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112
10.8of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a
10.9national primary ambient air quality standard has been promulgated;
10.10(2) may result in the collection, in the aggregate, from the sources listed in paragraph
10.11(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
10.12regulated under this chapter or air quality rules adopted under this chapter; and
10.13(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the
10.14amount needed to match grant funds received by the state under United States Code, title
10.1542, section 7405 (section 105 of the federal Clean Air Act).
10.16The agency must not include in the calculation of the aggregate amount to be collected
10.17under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
10.18from a source. The increase in air permit fees to match federal grant funds shall be a
10.19surcharge on existing fees. The commissioner may not collect the surcharge after the grant
10.20funds become unavailable. In addition, the commissioner shall use nonfee funds to the
10.21extent practical to match the grant funds so that the fee surcharge is minimized.
10.22(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
10.23in the rules promulgated under paragraph (c) for an increase in the fee collected in each year
10.24by the percentage, if any, by which the Consumer Price Index for the most recent calendar
10.25year ending before the beginning of the year the fee is collected exceeds the Consumer Price
10.26Index for the calendar year 1989. For purposes of this paragraph the Consumer Price Index
10.27for any calendar year is the average of the Consumer Price Index for all-urban consumers
10.28published by the United States Department of Labor, as of the close of the 12-month period
10.29ending on August 31 of each calendar year. The revision of the Consumer Price Index that
10.30is most consistent with the Consumer Price Index for calendar year 1989 shall be used.
10.31(e) Any money collected under paragraphs (b) to (d) must be deposited in the
10.32environmental fund and must be used solely for the activities listed in paragraph (b).
10.33(f)Persons Permit applicants who wish to construct or expand, reconstruct, or
10.34modify a facility may offer to reimburse the agency for the costs of staffovertime time
10.35 or consultant services needed to expedite the permit development process, including the
10.36analysis of environmental review documents. The reimbursement shall be in addition
11.1to permit application fees imposed by law. When the agency determines that it needs
11.2additional resources toreview develop the permit application in an expedited manner, and
11.3that expediting thereview would not disrupt development is consistent with permitting
11.4program priorities, the agency may accept the reimbursement. Reimbursements accepted
11.5by the agency are appropriated to the agency for the purpose ofreviewing developing the
11.6permitapplication or analyzing environmental review documents. Reimbursement by a
11.7permit applicant shall precede and not be contingent upon issuance of a permitand; shall
11.8not affect the agency's decision on whether to issue or deny a permit, what conditions are
11.9included in a permit, or the application of state and federal statutes and rules governing
11.10permit determinations; and shall not affect final decisions regarding environmental review.
11.11(g) The fees under this subdivision are exempt from section16A.1285 .
11.12 Sec. 6. Minnesota Statutes 2012, section 116J.035, subdivision 8, is amended to read:
11.13 Subd. 8. Minnesota Business First Stop. (a) The commissioner of employment and
11.14economic development shall, through the multiagency collaboration called "Minnesota
11.15Business First Stop," ensure the coordination, development, implementation, and
11.16administration of state permits, including:
11.17(1) establishing a mechanism in state government that will coordinate administrative
11.18decision-making procedures and related quasijudicial and judicial review pertaining to
11.19permits related to the state's air, land, and water resources;
11.20(2) providing coordination and understanding between federal, state, and local
11.21governmental units in the administration of the various programs relating to air, water,
11.22and land resources;
11.23(3) identifying all existing state permits, reviews, and other approvals, compliance
11.24schedules, or other programs that pertain to the use of natural resources and protection
11.25of the environment; and
11.26(4) recommending legislative or administrative modifications to existing permit
11.27programs to increase their efficiency and utility.
11.28(b) A person proposing a project may apply to Minnesota Business First Stop for
11.29assistance in obtaining necessary state permits, reviews, and other approvals. Upon
11.30request, the commissioner shall to the extent practicable:
11.31(1) provide a list of all federal, state, and local permits and other required reviews
11.32and approvals for the project;
11.33(2) provide a plan that will coordinate federal, state, and local administrative
11.34decision-making practices, including monitoring, analysis and reporting, public comments
11.35and hearings, and issuances of permits and approvals;
12.1(3) provide a timeline for the issuance of all federal, state, and local permits and
12.2other reviews and approvals required for the project;
12.3(4) coordinate the execution of any memorandum of understanding between the
12.4person proposing a project and any federal, state, or local agency;
12.5(5) coordinate all federal, state, or local public comment periods and hearings; and
12.6(6) provide other assistance requested to facilitate final approval and issuance of all
12.7federal, state, and local permits and other approvals required for the project.
12.8(c) Notwithstanding section16A.1283 , as necessary, the commissioner may negotiate
12.9a schedule to assess the project proposer for reasonable costs that any state agency incurs
12.10incoordinating the coordination, development, implementation, and administration of
12.11state permits, and the proposer shall pay the assessed costs to the commissioner. Money
12.12received by the commissioner must be credited to an account in the special revenue fund
12.13and is appropriated to the commissioner to cover the assessed costs incurred.
12.14(d) Reimbursement by a project proposer shall precede and not be contingent upon
12.15issuance of a permit and shall not affect any state agency's decision on whether to issue or
12.16deny a permit, what conditions are included in a permit, or the application of state and
12.17federal statutes and rules governing permit determinations.
12.18(e) The coordination of the development, implementation, and administration of
12.19state permits is not governmental action under section116D.04 .
12.20 Sec. 7. RULEMAKING.
12.21(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
12.22chapter 7001, to extend permit terms not to exceed ten years for solid waste management
12.23facilities and shall otherwise amend Minnesota Rules to conform with section 3.
12.24(b) The commissioner of the Pollution Control Agency may use the good cause
12.25exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and
12.26Minnesota Statutes, section 14.386, does not apply, except as provided in Minnesota
12.27Statutes, section 14.388.
1.3modifying duties of Pollution Control Agency; requiring rulemaking;
1.4appropriating money;amending Minnesota Statutes 2012, sections 84.027,
1.5subdivision 14a, by adding a subdivision; 115.03, subdivision 1; 116.03,
1.6subdivision 2b; 116.07, subdivision 4d; 116J.035, subdivision 8.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 84.027, subdivision 14a, is amended to read:
1.9 Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
1.10and resource management permits be issued or denied within 90 days for Tier 1 permits
1.11or 150 days
1.12The commissioner of natural resources shall establish management systems designed
1.13to achieve the goal.
1.14(b) The commissioner shall prepare semiannual permitting efficiency reports that
1.15include statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2
1.16by permit categories. The reports are due February 1 and August 1 each year. For permit
1.17applications that have not met the goal, the report must state the reasons for not meeting
1.18the goal. In stating the reasons for not meeting the goal, the commissioner shall separately
1.19identify delays caused by the responsiveness of the proposer, lack of staff, scientific or
1.20technical disagreements, or the level of public engagement. The report must specify the
1.21number of days from initial submission of the application to the day of determination that
1.22the application is complete. The report for August 1 each year must aggregate the data for
1.23the year and assess whether program or system changes are necessary to achieve the goal.
1.24The report must be posted on the department's Web site and submitted to the governor
2.1and the chairs and ranking minority members of the house of representatives and senate
2.2committees having jurisdiction over natural 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
2.6subject to paragraph (a), the commissioner of natural resources shall notify the
2.7project proposer, in writing, whether the application is complete or incomplete. If the
2.8commissioner determines that an application is incomplete, the notice to the applicant must
2.9enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
2.10and advise the applicant on how the deficiencies can be remedied. If the commissioner
2.11determines that the application is complete, the notice must confirm the application's Tier
2.121 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
2.13is subject to a grant or loan agreement under chapter 446A.
2.14EFFECTIVE DATE.This section is effective January 1, 2014.
2.15 Sec. 2. Minnesota Statutes 2012, section 84.027, is amended by adding a subdivision
2.16to read:
2.17 Subd. 14b. Expediting costs; reimbursement. Permit applicants who wish
2.18to construct, reconstruct, modify, or operate a facility needing any permit from the
2.19commissioner of natural resources may offer to reimburse the department for the costs
2.20of staff time or consultant services needed to expedite the permit development process,
2.21including the analysis of environmental review documents. The reimbursement shall be in
2.22addition to permit application fees imposed by law. When the commissioner determines
2.23that additional resources are needed to develop the permit application in an expedited
2.24manner, and that expediting the development is consistent with permitting program
2.25priorities, the commissioner may accept the reimbursement. Reimbursements accepted
2.26by the commissioner are appropriated to the commissioner for the purpose of developing
2.27the permit or analyzing environmental review documents. Reimbursement by a permit
2.28applicant shall precede and not be contingent upon issuance of a permit; shall not affect
2.29the commissioner's decision on whether to issue or deny a permit, what conditions are
2.30included in a permit, or the application of state and federal statutes and rules governing
2.31permit determinations; and shall not affect final decisions regarding environmental review.
2.32 Sec. 3. Minnesota Statutes 2012, section 115.03, subdivision 1, is amended to read:
2.33 Subdivision 1. Generally. The agency is hereby given and charged with the
2.34following powers and duties:
3.1(a) to administer and enforce all laws relating to the pollution of any of the waters of
3.2the state;
3.3(b) to investigate the extent, character, and effect of the pollution of the waters of
3.4this state and to gather data and information necessary or desirable in the administration
3.5or enforcement of pollution laws, and to make such classification of the waters of the
3.6state as it may deem advisable;
3.7(c) to establish and alter such reasonable pollution standards for any waters of
3.8the state in relation to the public use to which they are or may be put as it shall deem
3.9necessary for the purposes of this chapter and, with respect to the pollution of waters
3.10of the state, chapter 116;
3.11(d) to encourage waste treatment, including advanced waste treatment, instead of
3.12stream low-flow augmentation for dilution purposes to control and prevent pollution;
3.13(e) to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
3.14orders, permits, variances, standards, rules, schedules of compliance, and stipulation
3.15agreements, under such conditions as it may prescribe, in order to prevent, control or abate
3.16water pollution, or for the installation or operation of disposal systems or parts thereof, or
3.17for other equipment and facilities:
3.18(1) requiring the discontinuance of the discharge of sewage, industrial waste or
3.19other wastes into any waters of the state resulting in pollution in excess of the applicable
3.20pollution standard established under this chapter;
3.21(2) prohibiting or directing the abatement of any discharge of sewage, industrial
3.22waste, or other wastes, into any waters of the state or the deposit thereof or the discharge
3.23into any municipal disposal system where the same is likely to get into any waters of the
3.24state in violation of this chapter and, with respect to the pollution of waters of the state,
3.25chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and
3.26specifying the schedule of compliance within which such prohibition or abatement must
3.27be accomplished;
3.28(3) prohibiting the storage of any liquid or solid substance or other pollutant in a
3.29manner which does not reasonably assure proper retention against entry into any waters of
3.30the state that would be likely to pollute any waters of the state;
3.31(4) requiring the construction, installation, maintenance, and operation by any
3.32person of any disposal system or any part thereof, or other equipment and facilities, or
3.33the reconstruction, alteration, or enlargement of its existing disposal system or any part
3.34thereof, or the adoption of other remedial measures to prevent, control or abate any
3.35discharge or deposit of sewage, industrial waste or other wastes by any person;
4.1(5) establishing, and from time to time revising, standards of performance for new
4.2sources taking into consideration, among other things, classes, types, sizes, and categories
4.3of sources, processes, pollution control technology, cost of achieving such effluent
4.4reduction, and any nonwater quality environmental impact and energy requirements.
4.5Said standards of performance for new sources shall encompass those standards for the
4.6control of the discharge of pollutants which reflect the greatest degree of effluent reduction
4.7which the agency determines to be achievable through application of the best available
4.8demonstrated control technology, processes, operating methods, or other alternatives,
4.9including, where practicable, a standard permitting no discharge of pollutants. New
4.10sources shall encompass buildings, structures, facilities, or installations from which there
4.11is or may be the discharge of pollutants, the construction of which is commenced after the
4.12publication by the agency of proposed rules prescribing a standard of performance which
4.13will be applicable to such source. Notwithstanding any other provision of the law of this
4.14state, any point source the construction of which is commenced after May 20, 1973, and
4.15which is so constructed as to meet all applicable standards of performance for new sources
4.16shall, consistent with and subject to the provisions of section 306(d) of the Amendments
4.17of 1972 to the Federal Water Pollution Control Act, not be subject to any more stringent
4.18standard of performance for new sources during a ten-year period beginning on the date
4.19of completion of such construction or during the period of depreciation or amortization
4.20of such facility for the purposes of section 167 or 169, or both, of the Federal Internal
4.21Revenue Code of 1954, whichever period ends first. Construction shall encompass any
4.22placement, assembly, or installation of facilities or equipment, including contractual
4.23obligations to purchase such facilities or equipment, at the premises where such equipment
4.24will be used, including preparation work at such premises;
4.25(6) establishing and revising pretreatment standards to prevent or abate the discharge
4.26of any pollutant into any publicly owned disposal system, which pollutant interferes with,
4.27passes through, or otherwise is incompatible with such disposal system;
4.28(7) requiring the owner or operator of any disposal system or any point source to
4.29establish and maintain such records, make such reports, install, use, and maintain such
4.30monitoring equipment or methods, including where appropriate biological monitoring
4.31methods, sample such effluents in accordance with such methods, at such locations, at
4.32such intervals, and in such a manner as the agency shall prescribe, and providing such
4.33other information as the agency may reasonably require;
4.34(8) notwithstanding any other provision of this chapter, and with respect to the
4.35pollution of waters of the state, chapter 116, requiring the achievement of more stringent
4.36limitations than otherwise imposed by effluent limitations in order to meet any applicable
5.1water quality standard by establishing new effluent limitations, based upon section
5.2subdivision 13
5.3source or group of point sources to insure the integrity of water quality classifications,
5.4whenever the agency determines that discharges of pollutants from such point source or
5.5sources, with the application of effluent limitations required to comply with any standard
5.6of best available technology, would interfere with the attainment or maintenance of
5.7the water quality classification in a specific portion of the waters of the state. Prior to
5.8establishment of any such effluent limitation, the agency shall hold a public hearing to
5.9determine the relationship of the economic and social costs of achieving such limitation
5.10or limitations, including any economic or social dislocation in the affected community
5.11or communities, to the social and economic benefits to be obtained and to determine
5.12whether or not such effluent limitation can be implemented with available technology or
5.13other alternative control strategies. If a person affected by such limitation demonstrates at
5.14such hearing that, whether or not such technology or other alternative control strategies
5.15are available, there is no reasonable relationship between the economic and social costs
5.16and the benefits to be obtained, such limitation shall not become effective and shall be
5.17adjusted as it applies to such person;
5.18(9) modifying, in its discretion, any requirement or limitation based upon best
5.19available technology with respect to any point source for which a permit application is
5.20filed after July 1, 1977, upon a showing by the owner or operator of such point source
5.21satisfactory to the agency that such modified requirements will represent the maximum
5.22use of technology within the economic capability of the owner or operator and will result
5.23in reasonable further progress toward the elimination of the discharge of pollutants; and
5.24(10) requiring that applicants for wastewater discharge permits evaluate in their
5.25applications the potential reuses of the discharged wastewater;
5.26(f) to require to be submitted and to approve plans and specifications for disposal
5.27systems or point sources, or any part thereof and to inspect the construction thereof for
5.28compliance with the approved plans and specifications thereof;
5.29(g) to prescribe and alter rules, not inconsistent with law, for the conduct of the
5.30agency and other matters within the scope of the powers granted to and imposed upon it by
5.31this chapter and, with respect to pollution of waters of the state, in chapter 116, provided
5.32that every rule affecting any other department or agency of the state or any person other
5.33than a member or employee of the agency shall be filed with the secretary of state;
5.34(h) to conduct such investigations, issue such notices, public and otherwise, and hold
5.35such hearings as are necessary or which it may deem advisable for the discharge of its
5.36duties under this chapter and, with respect to the pollution of waters of the state, under
6.1chapter 116, including, but not limited to, the issuance of permits, and to authorize any
6.2member, employee, or agent appointed by it to conduct such investigations or, issue such
6.3notices and hold such hearings;
6.4(i) for the purpose of water pollution control planning by the state and pursuant to
6.5the Federal Water Pollution Control Act, as amended, to establish and revise planning
6.6areas, adopt plans and programs and continuing planning processes, including, but not
6.7limited to, basin plans and areawide waste treatment management plans, and to provide
6.8for the implementation of any such plans by means of, including, but not limited to,
6.9standards, plan elements, procedures for revision, intergovernmental cooperation, residual
6.10treatment process waste controls, and needs inventory and ranking for construction
6.11of disposal systems;
6.12(j) to train water pollution control personnel, and charge such fees therefor as are
6.13necessary to cover the agency's costs. All such fees received shall be paid into the state
6.14treasury and credited to the Pollution Control Agency training account;
6.15(k) to impose as additional conditions in permits to publicly owned disposal
6.16systems appropriate measures to insure compliance by industrial and other users with any
6.17pretreatment standard, including, but not limited to, those related to toxic pollutants, and
6.18any system of user charges ratably as is hereby required under state law or said Federal
6.19Water Pollution Control Act, as amended, or any regulations or guidelines promulgated
6.20thereunder;
6.21(l) to set a period not to exceed five years for the duration of any national pollutant
6.22discharge elimination system permit or not to exceed ten years for any permit issued as a
6.23state disposal system permit only;
6.24(m) to require each governmental subdivision identified as a permittee for a
6.25wastewater treatment works to evaluate in every odd-numbered year the condition of its
6.26existing system and identify future capital improvements that will be needed to attain
6.27or maintain compliance with a national pollutant discharge elimination system or state
6.28disposal system permit; and
6.29(n) to train subsurface sewage treatment system personnel, including persons who
6.30design, construct, install, inspect, service, and operate subsurface sewage treatment
6.31systems, and charge fees as necessary to pay the agency's costs. All fees received must be
6.32paid into the state treasury and credited to the agency's training account. Money in the
6.33account is appropriated to the agency to pay expenses related to training.
6.34The information required in clause (m) must be submitted in every odd-numbered year
6.35to the commissioner on a form provided by the commissioner. The commissioner shall
6.36provide technical assistance if requested by the governmental subdivision.
7.1The powers and duties given the agency in this subdivision also apply to permits
7.2issued under chapter 114C.
7.3 Sec. 4. Minnesota Statutes 2012, section 116.03, subdivision 2b, is amended to read:
7.4 Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental
7.5and resource management permits be issued or denied within 90 days for Tier 1 permits
7.6or 150 days
7.7commissioner of the Pollution Control Agency shall establish management systems
7.8designed to achieve the goal.
7.9(b) The commissioner shall prepare semiannual permitting efficiency reports that
7.10include statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2
7.11by permit categories. The reports are due February 1 and August 1 each year. For permit
7.12applications that have not met the goal, the report must state the reasons for not meeting
7.13the goal. In stating the reasons for not meeting the goal, the commissioner shall separately
7.14identify delays caused by the responsiveness of the proposer, lack of staff, scientific or
7.15technical disagreements, or the level of public engagement. The report must specify the
7.16number of days from initial submission of the application to the day of determination that
7.17the application is complete. The report for August 1 each year must aggregate the data
7.18for the year and assess whether program or system changes are necessary to achieve the
7.19goal. The report must be posted on the agency's Web site and submitted to the governor
7.20and the chairs and ranking minority members of the house of representatives and senate
7.21committees having jurisdiction over environment policy and finance.
7.22(c) The commissioner shall allow electronic submission of environmental review
7.23and permit documents to the agency.
7.24(d) Beginning July 1, 2011, within 30 business days of application for a permit
7.25subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
7.26the project proposer, in writing, whether the application is complete or incomplete. If the
7.27commissioner determines that an application is incomplete, the notice to the applicant must
7.28enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
7.29and advise the applicant on how the deficiencies can be remedied. If the commissioner
7.30determines that the application is complete, the notice must confirm the application's Tier
7.311 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
7.32is subject to a grant or loan agreement under chapter 446A.
7.33(e) For purposes of this subdivision, "permit professional" means an individual not
7.34employed by the Pollution Control Agency who:
8.1(1) has a professional license issued by the state of Minnesota in the subject area
8.2of the permit;
8.3(2) has at least ten years of experience in the subject area of the permit; and
8.4(3) abides by the duty of candor applicable to employees of the Pollution Control
8.5Agency under agency rules and complies with all applicable requirements under chapter
8.6326.
8.7(f) Upon the agency's request, an applicant relying on a permit professional must
8.8participate in a meeting with the agency before submitting an application:
8.9(1) at least two weeks prior to the preapplication meeting, the applicant must submit
8.10at least the following:
8.11(i) project description, including, but not limited to, scope of work, primary
8.12emissions points, discharge outfalls, and water intake points;
8.13(ii) location of the project, including county, municipality, and location on the site;
8.14(iii) business schedule for project completion; and
8.15(iv) other information requested by the agency at least four weeks prior to the
8.16scheduled meeting; and
8.17 (2) during the preapplication meeting, the agency shall provide for the applicant at
8.18least the following:
8.19(i) an overview of the permit review program;
8.20(ii) a determination of which specific application or applications will be necessary
8.21to complete the project;
8.22(iii) a statement notifying the applicant if the specific permit being sought requires a
8.23mandatory public hearing or comment period;
8.24(iv) a review of the timetable established in the permit review program for the
8.25specific permit being sought; and
8.26(v) a determination of what information must be included in the application,
8.27including a description of any required modeling or testing.
8.28(g) The applicant may select a permit professional to undertake the preparation
8.29of the permit application and draft permit.
8.30(h) If a preapplication meeting was held, the agency shall, within seven business
8.31days of receipt of an application, notify the applicant and submitting permit professional
8.32that the application is complete or is denied, specifying the deficiencies of the application.
8.33(i) Upon receipt of notice that the application is complete, the permit professional
8.34shall submit to the agency a timetable for submitting a draft permit. The permit
8.35professional shall submit a draft permit on or before the date provided in the timetable.
9.1Within 60 days after the close of the public comment period, the commissioner shall notify
9.2the applicant whether the permit can be issued.
9.3(j) Nothing in this section shall be construed to modify:
9.4(1) any requirement of law that is necessary to retain federal delegation to or
9.5assumption by the state; or
9.6(2) the authority to implement a federal law or program.
9.7(k) The permit application and draft permit shall identify or include as an appendix
9.8all studies and other sources of information used to substantiate the analysis contained in
9.9the permit application and draft permit. The commissioner shall request additional studies,
9.10if needed, and the project proposer shall submit all additional studies and information
9.11necessary for the commissioner to perform the commissioner's responsibility to review,
9.12modify, and determine the completeness of the application and approve the draft permit.
9.13EFFECTIVE DATE.This section is effective January 1, 2014.
9.14 Sec. 5. Minnesota Statutes 2012, section 116.07, subdivision 4d, is amended to read:
9.15 Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
9.16than those necessary to cover the reasonable costs of developing, reviewing, and acting
9.17upon applications for agency permits and implementing and enforcing the conditions of
9.18the permits pursuant to agency rules. Permit fees shall not include the costs of litigation.
9.19The fee schedule must reflect reasonable and routine direct and indirect costs associated
9.20with permitting, implementation, and enforcement. The agency may impose an additional
9.21enforcement fee to be collected for a period of up to two years to cover the reasonable costs
9.22of implementing and enforcing the conditions of a permit under the rules of the agency.
9.23Any money collected under this paragraph shall be deposited in the environmental fund.
9.24(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from
9.25the owner or operator of all stationary sources, emission facilities, emissions units, air
9.26contaminant treatment facilities, treatment facilities, potential air contaminant storage
9.27facilities, or storage facilities subject to the requirement to obtain a permit under
9.28subchapter V of the federal Clean Air Act, United States Code, title 42, section 7401 et
9.29seq., or section
9.30reasonable costs, including attorney general costs, required to develop and administer
9.31the permit program requirements of subchapter V of the federal Clean Air Act, United
9.32States Code, title 42, section 7401 et seq., and sections of this chapter and the rules
9.33adopted under this chapter related to air contamination and noise. Those costs include the
9.34reasonable costs of reviewing and acting upon an application for a permit; implementing
9.35and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient,
10.1and deposition monitoring; preparing generally applicable regulations; responding to
10.2federal guidance; modeling, analyses, and demonstrations; preparing inventories and
10.3tracking emissions; and providing information to the public about these activities.
10.4(c) The agency shall set fees that:
10.5(1) will result in the collection, in the aggregate, from the sources listed in paragraph
10.6(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
10.7regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112
10.8of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a
10.9national primary ambient air quality standard has been promulgated;
10.10(2) may result in the collection, in the aggregate, from the sources listed in paragraph
10.11(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
10.12regulated under this chapter or air quality rules adopted under this chapter; and
10.13(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the
10.14amount needed to match grant funds received by the state under United States Code, title
10.1542, section 7405 (section 105 of the federal Clean Air Act).
10.16The agency must not include in the calculation of the aggregate amount to be collected
10.17under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
10.18from a source. The increase in air permit fees to match federal grant funds shall be a
10.19surcharge on existing fees. The commissioner may not collect the surcharge after the grant
10.20funds become unavailable. In addition, the commissioner shall use nonfee funds to the
10.21extent practical to match the grant funds so that the fee surcharge is minimized.
10.22(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
10.23in the rules promulgated under paragraph (c) for an increase in the fee collected in each year
10.24by the percentage, if any, by which the Consumer Price Index for the most recent calendar
10.25year ending before the beginning of the year the fee is collected exceeds the Consumer Price
10.26Index for the calendar year 1989. For purposes of this paragraph the Consumer Price Index
10.27for any calendar year is the average of the Consumer Price Index for all-urban consumers
10.28published by the United States Department of Labor, as of the close of the 12-month period
10.29ending on August 31 of each calendar year. The revision of the Consumer Price Index that
10.30is most consistent with the Consumer Price Index for calendar year 1989 shall be used.
10.31(e) Any money collected under paragraphs (b) to (d) must be deposited in the
10.32environmental fund and must be used solely for the activities listed in paragraph (b).
10.33(f)
10.34modify a facility may offer to reimburse the agency for the costs of staff
10.35 or consultant services needed to expedite the permit development process, including the
10.36analysis of environmental review documents. The reimbursement shall be in addition
11.1to permit application fees imposed by law. When the agency determines that it needs
11.2additional resources to
11.3that expediting the
11.4program priorities, the agency may accept the reimbursement. Reimbursements accepted
11.5by the agency are appropriated to the agency for the purpose of
11.6permit
11.7permit applicant shall precede and not be contingent upon issuance of a permit
11.8not affect the agency's decision on whether to issue or deny a permit, what conditions are
11.9included in a permit, or the application of state and federal statutes and rules governing
11.10permit determinations; and shall not affect final decisions regarding environmental review.
11.11(g) The fees under this subdivision are exempt from section
11.12 Sec. 6. Minnesota Statutes 2012, section 116J.035, subdivision 8, is amended to read:
11.13 Subd. 8. Minnesota Business First Stop. (a) The commissioner of employment and
11.14economic development shall, through the multiagency collaboration called "Minnesota
11.15Business First Stop," ensure the coordination, development, implementation, and
11.16administration of state permits, including:
11.17(1) establishing a mechanism in state government that will coordinate administrative
11.18decision-making procedures and related quasijudicial and judicial review pertaining to
11.19permits related to the state's air, land, and water resources;
11.20(2) providing coordination and understanding between federal, state, and local
11.21governmental units in the administration of the various programs relating to air, water,
11.22and land resources;
11.23(3) identifying all existing state permits, reviews, and other approvals, compliance
11.24schedules, or other programs that pertain to the use of natural resources and protection
11.25of the environment; and
11.26(4) recommending legislative or administrative modifications to existing permit
11.27programs to increase their efficiency and utility.
11.28(b) A person proposing a project may apply to Minnesota Business First Stop for
11.29assistance in obtaining necessary state permits, reviews, and other approvals. Upon
11.30request, the commissioner shall to the extent practicable:
11.31(1) provide a list of all federal, state, and local permits and other required reviews
11.32and approvals for the project;
11.33(2) provide a plan that will coordinate federal, state, and local administrative
11.34decision-making practices, including monitoring, analysis and reporting, public comments
11.35and hearings, and issuances of permits and approvals;
12.1(3) provide a timeline for the issuance of all federal, state, and local permits and
12.2other reviews and approvals required for the project;
12.3(4) coordinate the execution of any memorandum of understanding between the
12.4person proposing a project and any federal, state, or local agency;
12.5(5) coordinate all federal, state, or local public comment periods and hearings; and
12.6(6) provide other assistance requested to facilitate final approval and issuance of all
12.7federal, state, and local permits and other approvals required for the project.
12.8(c) Notwithstanding section
12.9a schedule to assess the project proposer for reasonable costs that any state agency incurs
12.10in
12.11state permits, and the proposer shall pay the assessed costs to the commissioner. Money
12.12received by the commissioner must be credited to an account in the special revenue fund
12.13and is appropriated to the commissioner to cover the assessed costs incurred.
12.14(d) Reimbursement by a project proposer shall precede and not be contingent upon
12.15issuance of a permit and shall not affect any state agency's decision on whether to issue or
12.16deny a permit, what conditions are included in a permit, or the application of state and
12.17federal statutes and rules governing permit determinations.
12.18(e) The coordination of the development, implementation, and administration of
12.19state permits is not governmental action under section
12.20 Sec. 7. RULEMAKING.
12.21(a) The commissioner of the Pollution Control Agency shall amend Minnesota Rules,
12.22chapter 7001, to extend permit terms not to exceed ten years for solid waste management
12.23facilities and shall otherwise amend Minnesota Rules to conform with section 3.
12.24(b) The commissioner of the Pollution Control Agency may use the good cause
12.25exemption under Minnesota Statutes, section 14.388, subdivision 1, clause (3), and
12.26Minnesota Statutes, section 14.386, does not apply, except as provided in Minnesota
12.27Statutes, section 14.388.
