HF 1523

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to transportation; requiring creation of 
  1.3             interagency environmental review streamlining 
  1.4             committee, specifying duties; requiring development of 
  1.5             model environmental review memorandum of understanding 
  1.6             and specifying its content; proposing coding for new 
  1.7             law in Minnesota Statutes, chapter 174. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [174.045] [INTERAGENCY ENVIRONMENTAL 
  1.10  STREAMLINING COMMITTEE.] 
  1.11     Subdivision 1.  [CREATION.] An interagency environmental 
  1.12  streamlining committee is created.  The committee membership 
  1.13  consists of: 
  1.14     (1) three senior managers of the department of 
  1.15  transportation appointed by the commissioner of transportation, 
  1.16  at least one of whom must be from the department's office of 
  1.17  technical support; 
  1.18     (2) two senior managers of the department of natural 
  1.19  resources appointed by the commissioner of natural resources; 
  1.20     (3) two senior managers from the pollution control agency 
  1.21  appointed by the commissioner of the agency; and 
  1.22     (4) two senior managers from the board of water and soil 
  1.23  resources appointed by the executive director of the board. 
  1.24  The commissioner of transportation shall select a committee 
  1.25  chair from among the members.  The department of transportation 
  1.26  shall provide administrative support for the committee. 
  2.1      Subd. 2.  [DUTIES.] (a) The duty of the interagency 
  2.2   environmental streamlining committee is to identify, recommend, 
  2.3   and implement procedures to streamline the process of 
  2.4   environmental review of transportation projects being proposed 
  2.5   by the department of transportation.  This will be accomplished 
  2.6   through the early identification of projects that require 
  2.7   significant environmental review and the continuous consultation 
  2.8   and coordination between all stakeholders, including the public, 
  2.9   during the project's planning and development phases. 
  2.10     (b) Specific duties of the committee include: 
  2.11     (1) provide recommendations to the department on the 
  2.12  development, revision, and adoption of the statewide 
  2.13  transportation plan required under section 174.03, subdivision 
  2.14  1, in order to balance environmental stewardship, natural 
  2.15  resource management, and a safe and efficient transportation 
  2.16  system; 
  2.17     (2) identify transportation projects proposed by the 
  2.18  department that are in the planning or development phase and 
  2.19  that: 
  2.20     (i) may be subject to mandatory or discretionary 
  2.21  environmental review under state or federal laws, rules, or 
  2.22  regulations; or 
  2.23     (ii) may be subject, in the committee's judgment, to an 
  2.24  unusual number of environmental permitting requirements or may 
  2.25  be expected to raise controversial issues relating to 
  2.26  environmental protection or natural resource management; 
  2.27     (3) compile a list of all federal, state, and local 
  2.28  reviews, analyses, opinions, permits, licenses, or 
  2.29  authorizations to which the projects identified by the committee 
  2.30  may be subject and the agencies that must consider, perform, or 
  2.31  issue them; 
  2.32     (4) develop a model memorandum of understanding, meeting 
  2.33  the requirements of paragraph (c) to provide for the early and 
  2.34  continuous consultation and coordination between all 
  2.35  stakeholders, including the public, in the consideration of the 
  2.36  environmental effects of the transportation projects identified 
  3.1   by the committee; 
  3.2      (5) review the effectiveness of using memorandum of 
  3.3   understanding in reducing delivery times, interagency conflicts, 
  3.4   and public objections to transportation projects; 
  3.5      (6) provide recommendations to the department and 
  3.6   permitting agencies for improving the process of environmental 
  3.7   review of transportation projects; and 
  3.8      (7) act as a mediator for disputes arising from the use of 
  3.9   memorandum of understanding. 
  3.10     (c) The streamlining of environmental review for 
  3.11  transportation projects will be accomplished through specific 
  3.12  memorandum of understanding negotiated between the department 
  3.13  and all agencies interested in taking part in early and 
  3.14  continuous consultation and coordination of their review 
  3.15  requirements and permitting decisions based on the model 
  3.16  memorandum developed by the committee.  Whenever practicable, 
  3.17  reviews must be performed concurrently.  However, reviews need 
  3.18  to be performed concurrently if they would result in a 
  3.19  significant adverse impact to the environment, require a change 
  3.20  in existing laws or regulations, or not be possible without 
  3.21  information developed as part of the department's environmental 
  3.22  review of the identified project.  
  3.23     (d) The model memorandum must: 
  3.24     (1) provide for the coordination of the reviews and 
  3.25  decisions by the department and participating agencies; 
  3.26     (2) provide for the identification and coordination of the 
  3.27  information needs of the department and participating agencies; 
  3.28     (3) provide for the identification of issues of concurrence 
  3.29  for the department's environmental review of a project, 
  3.30  including its purpose and need, criteria for considering 
  3.31  alternatives, selection of alternatives to be studied, and 
  3.32  selection of a preferred alternative; 
  3.33     (4) establish time periods for the concurrent review of the 
  3.34  project and time periods in which the parties shall concur or 
  3.35  not concur on the issues requiring concurrence; and 
  3.36     (5) provide significant and meaningful opportunities for 
  4.1   public participation in all aspects of the consultation and 
  4.2   coordination relating to the environmental review of a 
  4.3   transportation project. 
  4.4      (e) For purposes of this section, "concurrence" means that 
  4.5   a party to the memorandum believes sufficient information has 
  4.6   been developed on the issue under consideration so that the 
  4.7   project may move to the next stage of its development.  
  4.8      (f) By indicating its concurrence, a party does not agree 
  4.9   that the project must be constructed or that a permit must be 
  4.10  issued.  When concurrence is reached, the issue will not be 
  4.11  reconsidered unless (1) significant new information becomes 
  4.12  available, (2) new laws, rules, or regulations are enacted or 
  4.13  issued, or (3) substantial changes are made to the project.  
  4.14     (g) If concurrence is not reached, the department shall not 
  4.15  proceed to the next stage of project review or development.  The 
  4.16  department and the nonconcurring party shall meet and discuss 
  4.17  their areas of disagreement.  If the department and the 
  4.18  nonconcurring party are unable to reach concurrence, they shall 
  4.19  refer their disagreement to the committee for mediation.  If 
  4.20  mediation does not succeed, the disagreement must be elevated to 
  4.21  the commissioner and the agency head of the nonconcurring party 
  4.22  for resolution.  If a resolution is not reached, the agency 
  4.23  refusing to concur shall withdraw from the memorandum of 
  4.24  understanding.  If a party to the memorandum fails to perform 
  4.25  any action not related to concurrence within a time period 
  4.26  specified in a memorandum, any other party to the memorandum may 
  4.27  make use of mediation by the committee and resolution by the 
  4.28  commissioner and the appropriate agency head to obtain timely 
  4.29  performance.  If a resolution is not reached, the nonperforming 
  4.30  party shall withdraw from the memorandum of understanding.  
  4.31     (h) The model memorandum must establish time periods for 
  4.32  the consideration of nonconcurrences and nonperformance, 
  4.33  mediation by the committee, and resolution by the commissioner 
  4.34  and appropriate agency heads. 
  4.35     (i) The meetings of the committee and the parties to 
  4.36  specific memorandum of understanding are subject to the open 
  5.1   meeting requirements of chapter 13D and the public has a right 
  5.2   to comment and be heard at the meetings on the items being 
  5.3   discussed or decided.  In addition to the notice requirements in 
  5.4   chapter 13D, the department shall provide notice of all such 
  5.5   meetings using the procedure established by the environmental 
  5.6   quality board under section 116D.04, subdivision 8. 
  5.7      Subd. 3.  [EFFECT ON OTHER LAW.] The opportunities for 
  5.8   streamlining the process of environmental review contained in 
  5.9   this section do not change, alter, or modify the obligations or 
  5.10  authorities of the department or the agencies taking part in a 
  5.11  memorandum of understanding under existing laws, rules, and 
  5.12  regulations.  This section does not change, alter, or modify the 
  5.13  processes or requirements for environmental review contained in 
  5.14  chapter 116D.