HF 78

as introduced - 90th Legislature (2017 - 2018) Posted on 01/13/2017 10:00am

A bill for an act
relating to energy; establishing a goal for pipeline permitting efficiency; requiring
a report; amending Minnesota Statutes 2016, section 216G.02, by adding a
subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 216G.02, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Permitting efficiency. new text end

new text begin (a) It is the goal of the state that pipeline routing permits
be issued or denied within 150 days of the submission of a permit application. The Public
Utilities Commission must establish management systems designed to achieve the goal.
new text end

new text begin (b) The Public Utilities Commission must prepare semiannual permitting efficiency
reports that include statistics on meeting the goal in paragraph (a). The reports are due
February 1 and August 1 each year. For permit application review processes that did not
meet the goal, the report must state the reasons for not meeting the goal. In stating the
reasons for not meeting the goal, the Public Utilities Commission shall separately identify
delays caused by the responsiveness of the proposer, lack of staff, scientific or technical
disagreements, or the level of public engagement. The report must specify the number of
days from initial submission of the application to the day the application is deemed complete.
The report for August 1 each year must aggregate the data for the year and assess whether
program or system changes are necessary to achieve the goal. The report must be posted
on the Public Utilities Commission's Web site and submitted to the governor and the chairs
and ranking minority members of the house of representatives and senate committees having
jurisdiction over energy policy and finance.
new text end

new text begin (c) The Public Utilities Commission must allow electronic submission of environmental
review and permit documents to the agency.
new text end

new text begin (d) Beginning July 1, 2018, within 30 business days of application for a permit subject
to paragraph (a), the Public Utilities Commission must notify the project proposer, in writing,
whether the application is complete or incomplete. If the commissioner determines that an
application is incomplete, the notice to the applicant must identify all deficiencies, citing
specific provisions of the applicable rules and statutes, and advise the applicant on how the
deficiencies can be remedied. This paragraph does not apply to an application for a permit
that is subject to a grant or loan agreement under chapter 446A.
new text end

Sec. 2. new text begin PERMITTING PROCESS REVIEW.
new text end

new text begin (a) The Public Utilities Commission must evaluate its pipeline routing permitting
processes under Minnesota Statutes, chapter 216G, to determine whether existing processes
cause, encourage, or reduce unnecessary delays in the pipeline permitting process. To the
extent the Public Utilities Commission identifies any processes that are repetitive, duplicative,
unnecessary, or cause burden or delay, the commission must either: (1) alter or eliminate
the process; or (2) provide justification detailing the reasons why a process that causes delay
is necessary.
new text end

new text begin (b) The Public Utilities Commission must report its findings under paragraph (a) to the
governor and the chairs and ranking minority members of the legislative committees with
jurisdiction over energy policy and finance. The report must describe in detail all of the
processes reviewed, an explanation as to whether or why each process is necessary or should
be altered or eliminated, and include any action taken by the commission to streamline any
processes identified for alteration or elimination. The report under this section must be
included with the August 1, 2018, submission of the report required under Minnesota
Statutes, section 216G.02, subdivision 5, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end