2006 Minnesota Statutes

116D.045 ENVIRONMENTAL IMPACT STATEMENTS; COSTS.
    Subdivision 1. Assessment. 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. Such costs shall be determined by
the responsible governmental unit pursuant to the rules promulgated by the board.
    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 statement, 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
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 until at least one-half of the assessed cost of the
environmental impact statement 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 is prepared until the assessed cost for the environmental
impact statement has been paid in full.
    Subd. 5.[Repealed, 1988 c 501 s 9]
History: 1976 c 344 s 3; 1988 c 501 s 5-8; 1990 c 594 art 1 s 55