HF 1673

as introduced - 91st Legislature (2019 - 2020) Posted on 02/27/2019 01:05pm

A bill for an act
relating to environment; prohibiting Pollution Control Agency and Department of
Natural Resources from enforcing unadopted rules; amending Minnesota Statutes
2018, sections 84.027, by adding a subdivision; 116.07, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2018, section 84.027, is amended by adding a subdivision
to read:

new text begin Subd. 14c. new text end

new text begin Unadopted rules. new text end

new text begin (a) The commissioner of natural resources must not enforce
or attempt to enforce an unadopted rule. For purposes of this subdivision, "unadopted rule"
means a guideline, bulletin, criterion, manual standard, interpretive statement, or similar
pronouncement if the guideline, bulletin, criterion, manual standard, interpretive statement,
or similar pronouncement meets the definition of a rule as defined under section 14.02,
subdivision 4, but has not been adopted according to the rulemaking process provided under
chapter 14. If an unadopted rule is challenged under section 14.381, the commissioner must
overcome a presumption against the unadopted rule.
new text end

new text begin (b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion,
manual standard, interpretive statement, or similar pronouncement into a statute, rule, or
standard, the commissioner must follow the rulemaking process provided under chapter 14
to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive
statement, or similar pronouncement.
new text end

Sec. 2.

Minnesota Statutes 2018, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Unadopted rules. new text end

new text begin (a) The commissioner of the Pollution Control Agency
must not enforce or attempt to enforce an unadopted rule. For purposes of this subdivision,
"unadopted rule" means a guideline, bulletin, criterion, manual standard, interpretive
statement, or similar pronouncement if the guideline, bulletin, criterion, manual standard,
interpretive statement, or similar pronouncement meets the definition of a rule as defined
under section 14.02, subdivision 4, but has not been adopted according to the rulemaking
process provided under chapter 14. If an unadopted rule is challenged under section 14.381,
the commissioner must overcome a presumption against the unadopted rule.
new text end

new text begin (b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion,
manual standard, interpretive statement, or similar pronouncement into a statute, rule, or
standard, the commissioner must follow the rulemaking process provided under chapter 14
to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive
statement, or similar pronouncement.
new text end