1.1 	A bill for an act
1.2 	relating to environment; providing for permitting efficiency; modifying 
1.3 	environmental review requirements;amending Minnesota Statutes 2010, sections 
1.4 	84.027, by adding a subdivision; 115.07; 116.03, by adding a subdivision; 116.07, 
1.5 	subdivision 2; 116D.04, subdivisions 1a, 2a, 3a, 10; 116D.045, subdivisions 1, 3.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2010, section 84.027, is amended by adding a 
1.8 	subdivision to read:
1.9 		Subd. 14a.Permitting efficiency. (a) It is the goal of the state that environmental 
1.10 	and resource management permits be issued or denied within 150 days of the submission 
1.11 	of a completed permit application. The commissioner of natural resources shall establish 
1.12 	management systems designed to achieve the goal.
1.13 	(b) The commissioner shall prepare semiannual permitting efficiency reports that 
1.14 	include statistics on meeting the goal in paragraph (a). The reports are due February 1 and 
1.15 	August 1 each year. For permit applications that have not met the goal, the report must 
1.16 	state the reasons for not meeting the goal, steps that will be taken to complete action on 
1.17 	the application, and the expected timeline. In stating the reasons for not meeting the 
1.18 	goal, the commissioner shall separately identify delays caused by the responsiveness of 
1.19 	the proposer, lack of staff, scientific or technical disagreements, or the level of public 
1.20 	engagement. The report must specify the number of days from initial submission of the 
1.21 	application to the day of determination that the application is complete. The report due 
1.22 	on August 1 must aggregate the data for the preceding fiscal year and assess whether 
1.23 	program or system changes are necessary to achieve the goal. The report must be posted 
1.24 	on the department's Web site and submitted to the governor and the chairs of the house 
2.1 	of representatives and senate committees having jurisdiction over natural resources 
2.2 	policy and finance.
2.3 	(c) The commissioner shall allow electronic submission of environmental review 
2.4 	and permit documents to the department.

2.5 	Sec. 2. Minnesota Statutes 2010, section 115.07, is amended to read:
2.6 	115.07 VIOLATIONS AND PROHIBITIONS.
2.7 		Subdivision 1.Obtain permit. (a) Except as provided in paragraph (b), it shall be
2.8 	is unlawful for any person to construct, install, or operate a disposal system, or any part 
2.9 	thereof, until plans therefor shalland specifications for the disposal system have been 
2.10 	submitted to the agency, unless the agency shall have waived thewaives submission 
2.11 	thereof to itof the plans and specifications and a written permit therefor shall have been
2.12 	for the disposal system is granted by the agency.
2.13 	(b) If a person who discharges a pollutant into the waters of the state is required by 
2.14 	statute or rule to obtain a national pollutant discharge elimination system permit or a state 
2.15 	disposal system permit, the person may construct or install, prior to issuance of the permit, 
2.16 	at the person's own risk, a disposal system or any part thereof, unless the action taken is:
2.17 	(1) prohibited by federal law or regulation;
2.18 	(2) by a municipality constructing a wastewater system with a design capacity of 0.2 
2.19 	million gallons per day or less;
2.20 	(3) subject to environmental review under Minnesota Rules, chapter 4410, and 
2.21 	prohibited from commencing construction until that process is completed;
2.22 	(4) receiving funding under Minnesota Rules, chapter 7077;
2.23 	(5) required to obtain a construction storm water permit under Minnesota Rules, 
2.24 	part 7090.2010; or
2.25 	(6) required to be permitted as a subsurface sewage treatment system under 
2.26 	Minnesota Rules, part 7081.0040, subpart 1, item B or C.
2.27 	The person is prohibited from operating such a system or discharging pollutants into 
2.28 	the waters of the state until a written permit for the discharge is granted by the agency 
2.29 	and until plans and specifications for the disposal system have been approved, unless the 
2.30 	agency waives the submission of plans and specifications.
2.31 	(c) For disposal systems operated on streams with extreme seasonal flows, the 
2.32 	agency must allow seasonal permit limits based on a fixed or variable effluent limit when 
2.33 	the municipality operating the disposal system requests them and is in compliance with 
2.34 	agency water quality standards.
3.1 		Subd. 3.Permission for extension. (a) Except as provided in paragraph (b), it 
3.2 	shall beis unlawful for any person to make any change in, addition to, or extension of any 
3.3 	existing disposal system or point source, or part thereof, to effect any facility expansion, 
3.4 	production increase, or process modification which results in new or increased discharges 
3.5 	of pollutants, or to operate such system or point source, or part thereof as so changed, 
3.6 	added to, or extended until plans and specifications therefor shall have been submitted to 
3.7 	the agency, unless the agency shall have waived thewaives submission thereof to itof 
3.8 	the plans and specifications and a written permit therefor shall have beenfor the change, 
3.9 	addition, or extension is granted by the agency.
3.10 	(b) If a person who discharges a pollutant into the waters of the state is required by 
3.11 	statute or rule to obtain a national pollutant discharge elimination system permit or a state 
3.12 	disposal system permit, the person may, prior to issuance of the permit, at the person's 
3.13 	own risk, act to change, add to, or extend an existing disposal system or point source, 
3.14 	or part thereof, unless the action taken is:
3.15 	(1) prohibited by federal law or regulation;
3.16 	(2) by a municipality constructing a wastewater system with a design capacity of 0.2 
3.17 	million gallons per day or less;
3.18 	(3) subject to environmental review under Minnesota Rules, chapter 4410, and 
3.19 	prohibited from commencing construction until that process is completed;
3.20 	(4) receiving funding under Minnesota Rules, chapter 7077;
3.21 	(5) required to obtain a construction storm water permit under Minnesota Rules, 
3.22 	part 7090.2010; or
3.23 	(6) required to be permitted as a subsurface sewage treatment system under 
3.24 	Minnesota Rules, part 7081.0040, subpart 1, item B or C.
3.25 	The person is prohibited from operating such a change, addition, or extension to 
3.26 	an existing disposal system or discharging pollutants into the waters of the state until a 
3.27 	written permit for the additional or increased discharge is granted by the agency and until 
3.28 	plans and specifications for the disposal system have been approved, unless the agency 
3.29 	waives the submission of plans and specifications.

3.30 	Sec. 3. Minnesota Statutes 2010, section 116.03, is amended by adding a subdivision to 
3.31 	read:
3.32 		Subd. 2b.Permitting efficiency. (a) It is the goal of the state that environmental 
3.33 	and resource management permits be issued or denied within 150 days of the submission 
3.34 	of a completed permit application. The commissioner of the Pollution Control Agency 
3.35 	shall establish management systems designed to achieve the goal.
4.1 	(b) The commissioner shall prepare semiannual permitting efficiency reports that 
4.2 	include statistics on meeting the goal in paragraph (a). The reports are due February 1 and 
4.3 	August 1 each year. For permit applications that have not met the goal, the report must 
4.4 	state the reasons for not meeting the goal, steps that will be taken to complete action on 
4.5 	the application, and the expected timeline. In stating the reasons for not meeting the 
4.6 	goal, the commissioner shall separately identify delays caused by the responsiveness of 
4.7 	the proposer, lack of staff, scientific or technical disagreements, or the level of public 
4.8 	engagement. The report must specify the number of days from initial submission of the 
4.9 	application to the day of determination that the application is complete. The report due 
4.10 	on August 1 must aggregate the data for the preceding fiscal year and assess whether 
4.11 	program or system changes are necessary to achieve the goal. The report must be posted 
4.12 	on the agency's Web site and submitted to the governor and the chairs of the house of 
4.13 	representatives and senate committees having jurisdiction over environment policy and 
4.14 	finance.
4.15 	(c) The commissioner shall allow electronic submission of environmental review 
4.16 	and permit documents to the agency.

4.17 	Sec. 4. Minnesota Statutes 2010, section 116.07, subdivision 2, is amended to read:
4.18 		Subd. 2.Adoption of standards. (a) The Pollution Control Agency shall improve 
4.19 	air quality by promoting, in the most practicable way possible, the use of energy sources 
4.20 	and waste disposal methods which produce or emit the least air contaminants consistent 
4.21 	with the agency's overall goal of reducing all forms of pollution. The agency shall also 
4.22 	adopt standards of air quality, including maximum allowable standards of emission of air 
4.23 	contaminants from motor vehicles, recognizing that due to variable factors, no single 
4.24 	standard of purity of air is applicable to all areas of the state. In adopting standards the 
4.25 	Pollution Control Agency shall give due recognition to the fact that the quantity or 
4.26 	characteristics of air contaminants or the duration of their presence in the atmosphere, 
4.27 	which may cause air pollution in one area of the state, may cause less or not cause any air 
4.28 	pollution in another area of the state, and it shall take into consideration in this connection 
4.29 	such factors, including others which it may deem proper, as existing physical conditions, 
4.30 	zoning classifications, topography, prevailing wind directions and velocities, and the fact 
4.31 	that a standard of air quality which may be proper as to an essentially residential area of 
4.32 	the state, may not be proper as to a highly developed industrial area of the state. Such 
4.33 	standards of air quality shall be premised upon scientific knowledge of causes as well as 
4.34 	effects based on technically substantiated criteria and commonly accepted practices. No 
5.1 	local government unit shall set standards of air quality which are more stringent than 
5.2 	those set by the Pollution Control Agency.
5.3 	(b) The Pollution Control Agency shall promote solid waste disposal control 
5.4 	by encouraging the updating of collection systems, elimination of open dumps, and 
5.5 	improvements in incinerator practices. The agency shall also adopt standards for the 
5.6 	control of the collection, transportation, storage, processing, and disposal of solid waste 
5.7 	and sewage sludge for the prevention and abatement of water, air, and land pollution, 
5.8 	recognizing that due to variable factors, no single standard of control is applicable to 
5.9 	all areas of the state. In adopting standards, the Pollution Control Agency shall give 
5.10 	due recognition to the fact that elements of control which may be reasonable and proper 
5.11 	in densely populated areas of the state may be unreasonable and improper in sparsely 
5.12 	populated or remote areas of the state, and it shall take into consideration in this connection 
5.13 	such factors, including others which it may deem proper, as existing physical conditions, 
5.14 	topography, soils and geology, climate, transportation, and land use. Such standards of 
5.15 	control shall be premised on technical criteria and commonly accepted practices.
5.16 	(c) The Pollution Control Agency shall also adopt standards describing the 
5.17 	maximum levels of noise in terms of sound pressure level which may occur in the outdoor 
5.18 	atmosphere, recognizing that due to variable factors no single standard of sound pressure 
5.19 	is applicable to all areas of the state. Such standards shall give due consideration to 
5.20 	such factors as the intensity of noises, the types of noises, the frequency with which 
5.21 	noises recur, the time period for which noises continue, the times of day during which 
5.22 	noises occur, and such other factors as could affect the extent to which noises may be 
5.23 	injurious to human health or welfare, animal or plant life, or property, or could interfere 
5.24 	unreasonably with the enjoyment of life or property. In adopting standards, the Pollution 
5.25 	Control Agency shall give due recognition to the fact that the quantity or characteristics 
5.26 	of noise or the duration of its presence in the outdoor atmosphere, which may cause 
5.27 	noise pollution in one area of the state, may cause less or not cause any noise pollution 
5.28 	in another area of the state, and it shall take into consideration in this connection such 
5.29 	factors, including others which it may deem proper, as existing physical conditions, 
5.30 	zoning classifications, topography, meteorological conditions and the fact that a standard 
5.31 	which may be proper in an essentially residential area of the state, may not be proper as to 
5.32 	a highly developed industrial area of the state. Such noise standards shall be premised 
5.33 	upon scientific knowledge as well as effects based on technically substantiated criteria 
5.34 	and commonly accepted practices. No local governing unit shall set standards describing 
5.35 	the maximum levels of sound pressure which are more stringent than those set by the 
5.36 	Pollution Control Agency.
6.1 	(d) The Pollution Control Agency shall adopt standards for the identification of 
6.2 	hazardous waste and for the management, identification, labeling, classification, storage, 
6.3 	collection, transportation, processing, and disposal of hazardous waste, recognizing 
6.4 	that due to variable factors, a single standard of hazardous waste control may not be 
6.5 	applicable to all areas of the state. In adopting standards, the Pollution Control Agency 
6.6 	shall recognize that elements of control which may be reasonable and proper in densely 
6.7 	populated areas of the state may be unreasonable and improper in sparsely populated 
6.8 	or remote areas of the state. The agency shall consider existing physical conditions, 
6.9 	topography, soils, and geology, climate, transportation and land use. Standards of 
6.10 	hazardous waste control shall be premised on technical knowledge, and commonly 
6.11 	accepted practices. Hazardous waste generator licenses may be issued for a term not to 
6.12 	exceed five years. No local government unit shall set standards of hazardous waste control 
6.13 	which are in conflict or inconsistent with those set by the Pollution Control Agency.
6.14 	(e) A person who generates less than 100 kilograms of hazardous waste per month is 
6.15 	exempt from the following agency hazardous waste rules:
6.16 	(1) rules relating to transportation, manifesting, storage, and labeling for 
6.17 	photographic fixer and x-ray negative wastes that are hazardous solely because of silver 
6.18 	content; and
6.19 	(2) any rule requiring the generator to send to the agency or commissioner a copy 
6.20 	of each manifest for the transportation of hazardous waste for off-site treatment, storage, 
6.21 	or disposal, except that counties within the metropolitan area may require generators to 
6.22 	provide manifests.
6.23 	Nothing in this paragraph exempts the generator from the agency's rules relating to on-site 
6.24 	accumulation or outdoor storage. A political subdivision or other local unit of government 
6.25 	may not adopt management requirements that are more restrictive than this paragraph.
6.26 	(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality, 
6.27 	solid waste, or hazardous waste under this chapter, or standards for water quality under 
6.28 	chapter 115, that are more stringent than any similar federal standard adopted under 
6.29 	the Clean Air Act, United States Code, title 42, section 7412(b)(2); the Clean Water 
6.30 	Act, United States Code, title 33, sections 1312(a) and 1313(c)(4); or the Resource 
6.31 	Conservation and Recovery Act, United States Code, title 42, section 6921(b)(1), the 
6.32 	statement of need and reasonableness must include documentation that the federal 
6.33 	standard does not provide adequate protection for public health and the environment and 
6.34 	a comparison of the proposed standard with standards in border states and states within 
6.35 	Environmental Protection Agency Region 5.

7.1 	Sec. 5. Minnesota Statutes 2010, section 116D.04, subdivision 1a, is amended to read:
7.2 		Subd. 1a.Definitions. For the purposes of this chapter, the following terms have the 
7.3 	meanings given to them in this subdivision.
7.4 	(a) "Natural resources" has the meaning given it in section 116B.02, subdivision 4.
7.5 	(b) "Pollution, impairment or destruction" has the meaning given it in section 
7.6 	116B.02, subdivision 5.
7.7 	(c) "Environmental assessment worksheet" means a brief document which is 
7.8 	designed to set out the basic facts necessary to determine whether an environmental 
7.9 	impact statement is required for a proposed action.
7.10 	(d) "Governmental action" means activities, including projects wholly or partially 
7.11 	conducted, permitted, assisted, financed, regulated, or approved by units of government 
7.12 	including the federal government.
7.13 	(e) "Governmental unit" means any state agency and any general or special purpose 
7.14 	unit of government in the state including, but not limited to, watershed districts organized 
7.15 	under chapter 103D, counties, towns, cities, port authorities, housing authorities, and 
7.16 	economic development authorities established under sections 469.090 to 469.108, but not 
7.17 	including courts, school districts, Iron Range resources and rehabilitation, and regional 
7.18 	development commissions other than the Metropolitan Council.

7.19 	Sec. 6. Minnesota Statutes 2010, section 116D.04, subdivision 2a, is amended to read:
7.20 		Subd. 2a.When prepared. Where there is potential for significant environmental 
7.21 	effects resulting from any major governmental action, the action shall be preceded by a 
7.22 	detailed environmental impact statement prepared by the responsible governmental unit. 
7.23 	The environmental impact statement shall be an analytical rather than an encyclopedic 
7.24 	document which describes the proposed action in detail, analyzes its significant 
7.25 	environmental impacts, discusses appropriate alternatives to the proposed action and 
7.26 	their impacts, and explores methods by which adverse environmental impacts of an 
7.27 	action could be mitigated. The environmental impact statement shall also analyze those 
7.28 	economic, employment and sociological effects that cannot be avoided should the action 
7.29 	be implemented. To ensure its use in the decision-making process, the environmental 
7.30 	impact statement shall be prepared as early as practical in the formulation of an action. 
7.31 	No mandatory environmental impact statement may be required for an ethanol plant, 
7.32 	as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than 
7.33 	125,000,000 gallons of ethanol annually and is located outside of the seven-county 
7.34 	metropolitan area.
8.1 	(a) The board shall by rule establish categories of actions for which environmental 
8.2 	impact statements and for which environmental assessment worksheets shall be prepared 
8.3 	as well as categories of actions for which no environmental review is required under 
8.4 	this section.
8.5 	(b) The responsible governmental unit shall promptly publish notice of the 
8.6 	completion of an environmental assessment worksheet in a manner to be determined by 
8.7 	the board and shall provide copies of the environmental assessment worksheet to the board 
8.8 	and its member agencies. Comments on the need for an environmental impact statement 
8.9 	may be submitted to the responsible governmental unit during a 30-day period following 
8.10 	publication of the notice that an environmental assessment worksheet has been completed. 
8.11 	The responsible governmental unit's decision on the need for an environmental impact 
8.12 	statement shall be based on the environmental assessment worksheet and the comments 
8.13 	received during the comment period, and shall be made within 15 days after the close of 
8.14 	the comment period. The board's chair may extend the 15-day period by not more than 15 
8.15 	additional days upon the request of the responsible governmental unit.
8.16 	(c) An environmental assessment worksheet shall also be prepared for a proposed 
8.17 	action whenever material evidence accompanying a petition by not less than 25 
8.18 	individuals, submitted before the proposed project has received final approval by the 
8.19 	appropriate governmental units, demonstrates that, because of the nature or location of a 
8.20 	proposed action, there may be potential for significant environmental effects. Petitions 
8.21 	requesting the preparation of an environmental assessment worksheet shall be submitted to 
8.22 	the board. The chair of the board shall determine the appropriate responsible governmental 
8.23 	unit and forward the petition to it. A decision on the need for an environmental assessment 
8.24 	worksheet shall be made by the responsible governmental unit within 15 days after the 
8.25 	petition is received by the responsible governmental unit. The board's chair may extend 
8.26 	the 15-day period by not more than 15 additional days upon request of the responsible 
8.27 	governmental unit.
8.28 	(d) Except in an environmentally sensitive location where Minnesota Rules, part 
8.29 	4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 
8.30 	review under this chapter and rules of the board, if:
8.31 	(1) the proposed action is:
8.32 	(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
8.33 	(ii) an expansion of an existing animal feedlot facility with a total cumulative 
8.34 	capacity of less than 1,000 animal units;
9.1 	(2) the application for the animal feedlot facility includes a written commitment by 
9.2 	the proposer to design, construct, and operate the facility in full compliance with Pollution 
9.3 	Control Agency feedlot rules; and
9.4 	(3) the county board holds a public meeting for citizen input at least ten business 
9.5 	days prior to the Pollution Control Agency or county issuing a feedlot permit for the 
9.6 	animal feedlot facility unless another public meeting for citizen input has been held with 
9.7 	regard to the feedlot facility to be permitted. The exemption in this paragraph is in 
9.8 	addition to other exemptions provided under other law and rules of the board.
9.9 	(e) The board may, prior to final approval of a proposed project, require preparation 
9.10 	of an environmental assessment worksheet by a responsible governmental unit selected 
9.11 	by the board for any action where environmental review under this section has not been 
9.12 	specifically provided for by rule or otherwise initiated.
9.13 	(f) An early and open process shall be utilized to limit the scope of the environmental 
9.14 	impact statement to a discussion of those impacts, which, because of the nature or location 
9.15 	of the project, have the potential for significant environmental effects. The same process 
9.16 	shall be utilized to determine the form, content and level of detail of the statement as well 
9.17 	as the alternatives which are appropriate for consideration in the statement. In addition, 
9.18 	the permits which will be required for the proposed action shall be identified during the 
9.19 	scoping process. Further, the process shall identify those permits for which information 
9.20 	will be developed concurrently with the environmental impact statement. The board 
9.21 	shall provide in its rules for the expeditious completion of the scoping process. The 
9.22 	determinations reached in the process shall be incorporated into the order requiring the 
9.23 	preparation of an environmental impact statement.
9.24 	(g) The responsible governmental unit shall, to the extent practicable, avoid 
9.25 	duplication and ensure coordination between state and federal environmental review 
9.26 	and between environmental review and environmental permitting. Whenever practical, 
9.27 	information needed by a governmental unit for making final decisions on permits or 
9.28 	other actions required for a proposed project shall be developed in conjunction with the 
9.29 	preparation of an environmental impact statement.
9.30 	(h) An environmental impact statement shall be prepared and its adequacy 
9.31 	determined within 280 days after notice of its preparation unless the time is extended by 
9.32 	consent of the parties or by the governor for good cause. The responsible governmental 
9.33 	unit shall determine the adequacy of an environmental impact statement, unless within 60 
9.34 	days after notice is published that an environmental impact statement will be prepared, 
9.35 	the board chooses to determine the adequacy of an environmental impact statement. If an 
10.1 	environmental impact statement is found to be inadequate, the responsible governmental 
10.2 	unit shall have 60 days to prepare an adequate environmental impact statement.
10.3 	(i) An environmental impact statement prepared by a project proposer is not 
10.4 	adequate unless all data collected, created, maintained, or received, or disseminated related 
10.5 	to the preparation of the environmental impact statement is submitted to the responsible 
10.6 	governmental unit or board with the proposed statement. This paragraph does not require 
10.7 	submission of data that was not used to prepare the statement, or data that constitutes a 
10.8 	trade secret, is proprietary in nature, or otherwise is protected by law.

10.9 	Sec. 7. Minnesota Statutes 2010, section 116D.04, subdivision 3a, is amended to read:
10.10 		Subd. 3a.Final decisions. Within 9030 days after final approval of an 
10.11 	environmental impact statement, final decisions shall be made by the appropriate 
10.12 	governmental units on those permits which were identified as required and for which 
10.13 	information was developed concurrently with the preparation of the environmental impact 
10.14 	statement, except that, for a permit request subject to section 15.99, a final decision 
10.15 	must be made within 60 days after final approval of an environmental impact statement. 
10.16 	Provided, however, that the 90-day 30-day period may be extended where a longer period 
10.17 	is required by federal law or state statute or is consented to by the permit applicant. The 
10.18 	permit decision shall include the reasons for the decision, including any conditions under 
10.19 	which the permit is issued, together with a final order granting or denying the permit.

10.20 	Sec. 8. Minnesota Statutes 2010, section 116D.04, subdivision 10, is amended to read:
10.21 		Subd. 10.Review. Decisions on the need for an environmental assessment 
10.22 	worksheet, the need for an environmental impact statement, and the adequacy of an 
10.23 	environmental impact statement may be reviewed by a declaratory judgment action in 
10.24 	the district court of the county wherein the proposed action, or any part thereof, would be 
10.25 	undertaken when a permit from a local unit of government is required for the proposed 
10.26 	action or by the Court of Appeals when no local permits are required for the proposed 
10.27 	action. The Court of Appeals shall, whenever possible, conduct its proceedings near where 
10.28 	the project has been proposed. The filing of a writ of certiorari shall not automatically 
10.29 	stay further action by the responsible governmental unit, but the Court of Appeals may 
10.30 	order a stay upon such terms as it deems proper. Judicial review under this section shall be 
10.31 	initiated within 30 days after the governmental unit makes the decision, and a bond may be 
10.32 	required under section 562.02 unless at the time of hearing on the application for the bond 
10.33 	the plaintiff petitioner has shown that the claim has sufficient possibility of success on 
10.34 	the merits to sustain the burden required for the issuance of a temporary restraining order
11.1 	stay. Nothing inthis section shall be construed to alter the requirements for a temporary 
11.2 	restraining order or a preliminary injunction pursuant to the Minnesota Rules of Civil 
11.3 	Procedure for district courts. The board may initiate judicial review of decisions referred 
11.4 	to herein and may intervene as of right in any proceeding brought under this subdivision.

11.5 	Sec. 9. Minnesota Statutes 2010, section 116D.045, subdivision 1, is amended to read:
11.6 		Subdivision 1.Assessment. The board shall by rule adopt procedures to authorize 
11.7 	the proposer of a specific action to prepare a draft environmental impact statement of that 
11.8 	action required pursuant to section 116D.04 for submission to and review, modification, 
11.9 	and determination of completeness and adequacy by the responsible governmental unit or 
11.10 	assess the proposer of a specific action for reasonable costs of preparing, reviewing, and 
11.11 	distributing anthe environmental impact statement on that action required pursuant to 
11.12 	section 116D.04. Such costs shall be determined by the responsible governmental unit 
11.13 	pursuant to the rules promulgated by the board.

11.14 	Sec. 10. Minnesota Statutes 2010, section 116D.045, subdivision 3, is amended to read:
11.15 		Subd. 3.Use of assessment. As necessary, the responsible governmental unit shall 
11.16 	assess the project proposer for reasonable costs that the responsible governmental unit 
11.17 	incurs in preparing, reviewing, and distributing the environmental impact statement and 
11.18 	the proposer shall pay the assessed cost to the responsible governmental unit. Money 
11.19 	received under this subdivision by a responsible governmental unit may be retained by the 
11.20 	unit for the same purposes. Money received by a state agency must be credited to a special 
11.21 	account and is appropriated to the agency to cover the assessed costs incurred.

11.22 	Sec. 11. RULE AMENDMENT.
 11.23 	The commissioner of the Pollution Control Agency shall amend Minnesota Rules, 
11.24 	part 7001.0030, to comply with the amendments made under section 2. The commissioner 
11.25 	may use the good cause exemption under Minnesota Statutes, section 14.388, subdivision 
11.26 	1, clause (3), to adopt the amendment under this section, and Minnesota Statutes, section 
11.27 	14.386, does not apply except as provided under Minnesota Statutes, section 14.388.