1.1 	A bill for an act
1.2 	relating to the environment; providing specifications
1.3 	for review and waivers of 401 certification under the
1.4 	federal Clean Water Act; establishing fees; amending
1.5 	Minnesota Statutes 2004, section 115.03, subdivision
1.6 	4a.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 115.03,
1.9 	subdivision 4a, is amended to read:
1.10 		Subd. 4a.Section 401 certifications.  (a) The following
1.11 	definitions apply to this subdivision:
1.12 	(1) "section 401 certification" means a water quality
1.13 	certification required under section 401 of the federal Clean
1.14 	Water Act, United States Code, title 33, section 1341; and 
1.15 	(2) " nationwide federal general permit" means a nationwide 
1.16 	general permit issued by the United States Army Corps of
1.17 	Engineers and listed in Code of Federal Regulations, title 40,
1.18 	part 330, appendix A under section 404 of the federal Clean
1.19 	Water Act, United States Code, title 33, section 1344; and 
1.20 	(3) "professional review" means review of federal permits
1.21 	or licenses that require section 401 certification before
1.22 	issuance by professional or technical agency staff experienced
1.23 	with 401 water quality certification.
1.24 	(b) The agency commissioner is responsible for providing
1.25 	section 401 certifications for nationwide federal permits or
1.26 	licenses that require section 401 certification before issuance
2.1 	of the federal permit or license.
2.2 	(c) Before making a final decision on a section 401
2.3 	certification for regional conditions on a nationwide federal
2.4 	general permit, the agency commissioner shall hold at least one
2.5 	public meeting outside the seven-county metropolitan area.
2.6 	(d) In addition to other notice required by law, the agency
2.7 	shall provide written notice of a meeting at which the agency
2.8 	will be considering a section 401 certification for regional
2.9 	conditions on a nationwide federal general permit at least 21
2.10 	days before the date of the meeting to the members of the senate
2.11 	and house of representatives environment and natural resources
2.12 	committees, the senate Agriculture and Rural Development
2.13 	Committee, and the house of representatives Agriculture
2.14 	Committee policy committees with jurisdiction over environment
2.15 	and agriculture.
2.16 	(e) Beginning July 1, 2005, the commissioner shall collect
2.17 	a fee on individual section 401 certifications in the amount of
2.18 	$350 per certification and an additional $200 for each acre of
2.19 	wetland or surface water that is subject to the section 401
2.20 	certification.  All fees collected by the commissioner under
2.21 	this section shall be deposited in the environmental fund and
2.22 	are appropriated to the agency for the purpose of providing
2.23 	professional review and notification.
2.24 	(f) A decision by the commissioner to waive review of
2.25 	section 401 certification must include a written notice to
2.26 	project applicants that they remain responsible for complying
2.27 	with all water quality standards and other applicable statutes
2.28 	and rules and that the commissioner retains the authority to
2.29 	enforce violations of applicable standards, statutes, and rules,
2.30 	including assessment of penalties.
2.31 	(g) The commissioner shall provide access to all public
2.32 	notices of applications for section 401 certification, their
2.33 	status, and the decision to certify, deny, or waive any
2.34 	application on the agency's Internet Web site, and may publish
2.35 	these documents in any other appropriate public medium.  All
2.36 	public comments must be attached to the official public record
3.1 	waiver decision and be available for review upon request.  All
3.2 	publications shall include the project's location, including
3.3 	county, township, range and section, street address or
3.4 	directions.
3.5 	
EFFECTIVE DATE. This section is effective the day
3.6 	following final enactment.