Minnesota Legislature
HF 2185
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:00am
Current Version - as introduced
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A bill for an act
relating to environment finance; requiring the Pollution Control Agency to
recover costs for permits and certifications; requiring a project proposer to pay
for costs of preparing environmental assessment worksheet; amending Minnesota
Statutes 2008, sections 115.77, subdivision 1; 116.07, subdivision 4d; 116.41,
subdivision 2; 116C.834, subdivision 1; 116D.045.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 115.77, subdivision 1, is amended to read:
Subdivision 1.
Fees established.
The following fees are established for the purposes
indicated:
(1) application for examination, deleted text begin $32deleted text end new text begin $.......new text end ;
(2) issuance of certificate, deleted text begin $23deleted text end new text begin $.......new text end ;
(3) reexamination resulting from failure to pass an examination, deleted text begin $32deleted text end new text begin $.......new text end ;
(4) renewal of certificate, deleted text begin $23deleted text end new text begin $.......new text end ;
(5) replacement certificate, deleted text begin $10deleted text end new text begin $.......new text end ; and
(6) reinstatement or reciprocity certificate, deleted text begin $40deleted text end new text begin $.......new text end .
Sec. 2.
Minnesota Statutes 2008, section 116.07, subdivision 4d, is amended to read:
Subd. 4d.
Permit fees.
(a) The agency deleted text begin maydeleted text end new text begin shallnew text end collect permit fees in amounts
deleted text begin not greater than thosedeleted text end necessarynew text begin , but no greater than the amount necessarynew text end to cover the
reasonable costs of developing, reviewing, and acting upon applications for agency
permits and implementing and enforcing the conditions of the permits pursuant to
agency rules. Permit fees shall not include the costs of litigation. The fee schedule
must reflect reasonable and routine direct and indirect costs associated with permitting,
implementation, and enforcement. The agency may impose an additional enforcement
fee to be collected for a period of up to two years to cover the reasonable costs of
implementing and enforcing the conditions of a permit under the rules of the agency. Any
money collected under this paragraph shall be deposited in the new text begin appropriate account in
the new text end environmental fund.
(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from
the owner or operator of all stationary sources, emission facilities, emissions units, air
contaminant treatment facilities, treatment facilities, potential air contaminant storage
facilities, or storage facilities subject to the requirement to obtain a permit under
subchapter V of the federal Clean Air Act, United States Code, title 42, section 7401 et
seq., or section 116.081. The annual fee shall be used to pay for all direct and indirect
reasonable costs, including attorney general costs, required to develop and administer
the permit program requirements of subchapter V of the federal Clean Air Act, United
States Code, title 42, section 7401 et seq., and sections of this chapter and the rules
adopted under this chapter related to air contamination and noise. Those costs include the
reasonable costs of reviewing and acting upon an application for a permit; implementing
and enforcing statutes, rules, and the terms and conditions of a permit; emissions, ambient,
and deposition monitoring; preparing generally applicable regulations; responding to
federal guidance; modeling, analyses, and demonstrations; preparing inventories and
tracking emissions; and providing information to the public about these activities.
(c) The agency shall set fees that:
(1) will result in the collection, in the aggregate, from the sources listed in paragraph
(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112
of the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a
national primary ambient air quality standard has been promulgated;
(2) may result in the collection, in the aggregate, from the sources listed in paragraph
(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
regulated under this chapter or air quality rules adopted under this chapter; and
(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the
amount needed to match grant funds received by the state under United States Code, title
42, section 7405 (section 105 of the federal Clean Air Act).
The agency must not include in the calculation of the aggregate amount to be collected
under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
from a source. The increase in air permit fees to match federal grant funds shall be a
surcharge on existing fees. The commissioner may not collect the surcharge after the grant
funds become unavailable. In addition, the commissioner shall use nonfee funds to the
extent practical to match the grant funds so that the fee surcharge is minimized.
(d) To cover the reasonable costs described in paragraph (b), the agency shall
provide in the rules promulgated under paragraph (c) for an increase in the fee collected
in each year by the percentage, if any, by which the Consumer Price Index for the most
recent calendar year ending before the beginning of the year the fee is collected exceeds
the Consumer Price Index for the calendar year 1989. For purposes of this paragraph the
Consumer Price Index for any calendar year is the average of the Consumer Price Index
for all-urban consumers published by the United States Department of Labor, as of the
close of the 12-month period ending on August 31 of each calendar year. The revision
of the Consumer Price Index that is most consistent with the Consumer Price Index for
calendar year 1989 shall be used.
(e) Any money collected under paragraphs (b) to (d) must be deposited in the
environmental fund and must be used solely for the activities listed in paragraph (b).
(f) Persons who wish to construct or expand a facility may offer to reimburse the
agency for the costs of staff overtime or consultant services needed to expedite permit
review. The reimbursement shall be in addition to fees imposed by law. When the agency
determines that it needs additional resources to review the permit application in an
expedited manner, and that expediting the review would not disrupt permitting program
priorities, the agency may accept the reimbursement. Reimbursements accepted by the
agency are appropriated to the agency for the purpose of reviewing the permit application.
Reimbursement by a permit applicant shall precede and not be contingent upon issuance
of a permit and shall not affect the agency's decision on whether to issue or deny a permit,
what conditions are included in a permit, or the application of state and federal statutes
and rules governing permit determinations.
deleted text begin (g) The fees under this subdivision are exempt from section 16A.1285.deleted text end
Sec. 3.
Minnesota Statutes 2008, section 116.41, subdivision 2, is amended to read:
Subd. 2.
Training and certification programs.
The agency shall develop standards
of competence for persons operating and inspecting various classes of disposal facilities.
The agency shall conduct training programs for persons operating facilities for the
disposal of waste and for inspectors of such facilities, and deleted text begin maydeleted text end new text begin shallnew text end charge such fees as
are necessary to cover the actual costs of the training programs. All fees received shall be
paid into the state treasury and credited to the Pollution Control Agency training account
and are appropriated to the agency to pay expenses relating to the training of disposal
facility personnel.
The agency shall require operators and inspectors of such facilities to obtain from
the agency a certificate of competence. The agency shall conduct examinations to test the
competence of applicants for certification, and shall require that certificates be renewed at
reasonable intervals. The agency may charge such fees as are necessary to cover the actual
costs of receiving and processing applications, conducting examinations, and issuing
and renewing certificates. Certificates shall not be required for a private individual for
land-spreading and associated interim and temporary storage of sewage sludge on property
owned or farmed by that individual.
Sec. 4.
Minnesota Statutes 2008, section 116C.834, subdivision 1, is amended to read:
Subdivision 1.
Costs.
All costs incurred by the state to carry out its responsibilities
under the compact and under sections 116C.833 to 116C.843 shall be paid by generators
of low-level radioactive waste in this state through fees assessed by the Pollution Control
Agency. Fees may be reasonably assessed on the basis of volume or degree of hazard of
the waste produced by a generator. Costs for which fees may be assessed include, but
are not limited to:
(1) the state contribution required to join the compact;
(2) the expenses of the commission member and state agency costs incurred to
support the work of the Interstate Commission; and
(3) regulatory costs.
deleted text begin The fees are exempt from section 16A.1285.deleted text end
Sec. 5.
Minnesota Statutes 2008, section 116D.045, is amended to read:
116D.045 ENVIRONMENTAL deleted text begin IMPACT STATEMENTS;deleted text end new text begin REVIEWnew text end COSTS.
Subdivision 1.
Assessment.
new text begin (a) new text end The board shall by rule adopt procedures to assess
the proposer of a specific action for reasonable costs of preparing and distributing an
environmental impact statement on that action required pursuant to section 116D.04.
deleted text begin Suchdeleted text end new text begin Thenew text end costs shall be determined by the responsible governmental unit pursuant to the
rules promulgated by the board.
new text begin
(b) A responsible government unit shall assess the proposer of a specific action for
the reasonable costs of preparing and distributing an environmental assessment worksheet
on that action required under section 116D.04 in the amount equal to the amount that
would be assessed for an environmental impact statement under Minnesota Rules, parts
4410.6100 and 4410.6200, except that a local unit of government is exempt from paying
the equivalent of the first ten hours of the assessed reasonable costs of preparing and
distributing the environmental assessment worksheet.
new text end
Subd. 2.
Modification.
In the event of a disagreement between the proposer of the
action and the responsible governmental unit over the cost of an environmental impact
statementnew text begin or environmental assessment worksheetnew text end , the responsible governmental unit shall
consult with the board, which may modify the cost or determine that the cost assessed by
the responsible governmental unit is reasonable.
Subd. 3.
Use of assessment.
The responsible governmental unit shall assess the
project proposer for reasonable costs in preparing and distributing the environmental
impact statement new text begin or environmental assessment worksheet new text end and the proposer shall pay the
assessed cost to the responsible governmental unit. Money received under this subdivision
by a responsible governmental unit may be retained by the unit for the same purposes.
Money received by a state agency must be credited to a special account and is appropriated
to the agency to cover the assessed costs incurred.
Subd. 4.
Partial cost to be paid.
No responsible governmental unit shall commence
the preparation of an environmental impact statement new text begin or environmental assessment
worksheet new text end until at least one-half of the assessed cost of the environmental impact statement
new text begin or environmental assessment worksheet new text end is paid pursuant to subdivision 3. Other laws
notwithstanding, no state agency may issue any permits for the construction or operation
of a project for which an environmental impact statement new text begin or environmental assessment
worksheet new text end is prepared until the assessed cost for the environmental impact statement new text begin or
environmental assessment worksheet new text end has been paid in full.