1.1 	A bill for an act
1.2 	relating to environment; modifying permitting requirements; providing expedited 
1.3 	environmental-review billing options; modifying reclamation appeal provisions; 
1.4 	eliminating Environmental Quality Board and reassigning duties;amending 
1.5 	Minnesota Statutes 2016, sections 3.886, subdivision 4; 13.7411, subdivision 9; 
1.6 	18B.045; 18E.06; 84.027, subdivisions 14a, 14b, by adding subdivisions; 93.50; 
1.7 	103A.204; 103B.101, subdivision 9; 103B.151; 103B.315, subdivision 5; 103H.151, 
1.8 	subdivision 4; 103H.175, subdivision 3; 115A.32; 115A.33; 115A.34; 115A.35; 
1.9 	115A.36; 115A.37; 115A.38, subdivisions 1, 3; 115A.39; 115B.20, subdivision 
1.10 	6; 116.03, subdivision 2b, by adding a subdivision; 116.07, subdivision 4d, by 
1.11 	adding subdivisions; 116C.74, subdivision 2; 116C.91, by adding a subdivision; 
1.12 	116C.92; 116C.94; 116C.95; 116C.96; 116C.97; 116C.99, subdivisions 2, 3; 
1.13 	116C.991; 116C.992; 116D.04, subdivisions 2a, 3a, 5b, 10, 13, 14; 116D.045, 
1.14 	subdivision 1; 116F.06, subdivision 2; 216B.243, subdivision 7; 216C.18, 
1.15 	subdivision 2; repealing Minnesota Statutes 2016, sections 103A.403; 103A.43; 
1.16 	103F.614; 116C.02; 116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, 6; 116C.04, 
1.17 	subdivisions 1, 2, 3, 4, 7, 10, 11; 116C.06; 116C.08; 116C.71, subdivisions 1c, 
1.18 	2a; 116C.721; 116C.722; 116C.724, subdivisions 2, 3; 116C.91, subdivision 2; 
1.19 	116G.03, subdivision 2.
1.20 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.21 	ARTICLE 1
1.22 	ENVIRONMENTAL REFORMS

1.23 	Section 1. Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:
1.24 		Subd. 14a.Permitting efficiency; public notice. (a) It is the goal of the state that 
1.25 	environmental and resource management permits be issued or denied within 90 days for 
1.26 	Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application. 
1.27 	The commissioner of natural resources shall establish management systems designed to 
1.28 	achieve the goal.
2.1 	(b) The commissioner shall prepare an annual permitting efficiency report that includes 
2.2 	statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit 
2.3 	categories. The report is due August 1 each year. For permit applications that have not met 
2.4 	the goal, the report must state the reasons for not meeting the goal. In stating the reasons 
2.5 	for not meeting the goal, the commissioner shall separately identify delays caused by the 
2.6 	responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the 
2.7 	level of public engagement. The report must specify the number of days from initial 
2.8 	submission of the application to the day of determination that the application is complete. 
2.9 	The report must aggregate the data for the year and assess whether program or system 
2.10 	changes are necessary to achieve the goal. The report must be posted on the department's 
2.11 	Web site and submitted to the governor and the chairs and ranking minority members of 
2.12 	the house of representatives and senate committees having jurisdiction over natural resources 
2.13 	policy and finance.
2.14 	(c) The commissioner shall allow electronic submission of environmental review and 
2.15 	permit documents to the department.
2.16 	(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject 
2.17 	to paragraph (a), the commissioner of natural resources shall notify the project proposer
2.18 	permit applicant, in writing, whether the application is complete or incomplete. If the 
2.19 	commissioner determines that an application is incomplete, the notice to the applicant must 
2.20 	enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, 
2.21 	and advise the applicant on how the deficiencies can be remedied. If the commissioner 
2.22 	determines that the application is complete, the notice must confirm the application's Tier 
2.23 	1 or Tier 2 permit status and provide the permit applicant with a schedule for issuing the 
2.24 	permit. This paragraph does not apply to an application for a permit that is subject to a grant 
2.25 	or loan agreement under chapter 446A.
2.26 	(e) When public notice of a draft permit is required, the commissioner must issue the 
2.27 	notice with the draft permit within 150 days of receiving a completed permit application 
2.28 	unless the permit applicant and the commissioner mutually agree to a different date. Before 
2.29 	issuing the public notice, the commissioner must provide a copy of the draft permit to the 
2.30 	permit applicant and consider comments on the draft permit from the permit applicant.

2.31 	Sec. 2. Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:
2.32 		Subd. 14b.Expediting costs; reimbursement. Permit applicants who wish to construct, 
2.33 	reconstruct, modify, or operate a facility needing any permit from the commissioner of 
2.34 	natural resources to construct, reconstruct, or modify a project or to operate a facility may 
3.1 	offer to reimburse the department for the reasonable costs of staff time or consultant services
3.2 	needed to expedite the preapplication process and permit development process through the 
3.3 	final decision on the permit, including the analysis of environmental review documents. 
3.4 	The reimbursement shall be in addition to permit application fees imposed by law. When 
3.5 	the commissioner determines that additional resources are needed to develop the permit 
3.6 	application in an expedited manner, and that expediting the development is consistent with 
3.7 	permitting program priorities, the commissioner may accept the reimbursement. The 
3.8 	commissioner must give the permit applicant an estimate of costs for the expedited service 
3.9 	to be incurred by the commissioner. The estimate must include a brief description of the 
3.10 	tasks to be performed, a schedule for completing the tasks, and the estimated cost for each 
3.11 	task. The proposer and the commissioner shall enter into a written agreement to cover the 
3.12 	estimated costs for the expedited service to be incurred by the commissioner and recourse, 
3.13 	including but not limited to reducing, withholding, or eliminating fees, the permit applicant 
3.14 	may seek if the department fails to comply with the schedule. The agreement must also 
3.15 	include the names of staff assigned to the project and terms requiring the assigned staff to 
3.16 	work preferentially on the project until the permit is issued. The commissioner must not 
3.17 	issue a permit until the applicant has paid all fees in full. The commissioner must refund 
3.18 	any unobligated balance of fees paid. Reimbursements accepted by the commissioner are 
3.19 	appropriated to the commissioner for the purpose of developing the permit or analyzing 
3.20 	environmental review documents. Reimbursement by a permit applicant shall precede and 
3.21 	not be contingent upon issuance of a permit; shall not affect the commissioner's decision 
3.22 	on whether to issue or deny a permit, what conditions are included in a permit, or the 
3.23 	application of state and federal statutes and rules governing permit determinations; and shall 
3.24 	not affect final decisions regarding environmental review.

3.25 	Sec. 3. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to 
3.26 	read:
3.27 		Subd. 14c.Irrevocability, suspensions, or expiration of permits; environmental 
3.28 	review. (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to 
3.29 	appropriate money to the commissioner of natural resources for environmental review and 
3.30 	permitting activities of the Department of Natural Resources:
3.31 	(1) a permit granted by the commissioner may not be terminated or suspended for the 
3.32 	term of the permit nor shall it expire without the consent of the permittee, except for breach 
3.33 	or nonperformance of any condition of the permit by the permittee that is an imminent threat 
3.34 	to impair or destroy the environment or injure the health, safety, or welfare of the citizens 
3.35 	of the state; and
4.1 	(2) environmental review and permit application work on environmental review and 
4.2 	permits filed before July 1 of that year must not be suspended or terminated.
4.3 	(b) Paragraph (a), clause (1), applies until legislation appropriating money to the 
4.4 	commissioner for the environmental review and permitting activities is enacted.

4.5 	Sec. 4. Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to 
4.6 	read:
4.7 		Subd. 14d.Unadopted rules. (a) The commissioner of natural resources must not enforce 
4.8 	or attempt to enforce an unadopted rule. For the purposes of this subdivision, "unadopted 
4.9 	rule" means a guideline, bulletin, criterion, manual standard, interpretive statement, or 
4.10 	similar pronouncement, if the guideline, bulletin, criterion, manual standard, interpretive 
4.11 	statement, or similar pronouncement meets the definition of a rule as defined under section 
4.12 	14.02, subdivision 4, but has not been adopted according to the rulemaking process provided 
4.13 	under chapter 14. If an unadopted rule is challenged under section 14.381, the commissioner 
4.14 	must overcome a presumption against the unadopted rule.
4.15 	(b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion, 
4.16 	manual standard, interpretive statement, or similar pronouncement into a statute, rule, or 
4.17 	standard, the commissioner must follow the rulemaking process provided under chapter 14 
4.18 	to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive 
4.19 	statement, or similar pronouncement.

4.20 	Sec. 5. Minnesota Statutes 2016, section 93.50, is amended to read:
4.21 	93.50 APPEAL.
4.22 	Any person aggrieved by any final order, ruling, or decision of the commissioner may 
4.23 	appeal seek judicial review of such order, ruling, or decision in the manner provided in 
4.24 	chapter 14 under sections 14.63 to 14.69.

4.25 	Sec. 6. Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:
4.26 		Subd. 2b.Permitting efficiency. (a) It is the goal of the state that environmental and 
4.27 	resource management permits be issued or denied within 90 days for Tier 1 permits or 150 
4.28 	days for Tier 2 permits following submission of a permit application. The commissioner of 
4.29 	the Pollution Control Agency shall establish management systems designed to achieve the 
4.30 	goal. For the purposes of this section, "Tier 1 permits" are permits that do not require 
4.31 	individualized actions or public comment periods, and "Tier 2 permits" are permits that 
4.32 	require individualized actions or public comment periods.
5.1 	(b) The commissioner shall prepare an annual permitting efficiency report that includes 
5.2 	statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit 
5.3 	categories. The report is due August 1 each year. For permit applications that have not met 
5.4 	the goal, the report must state the reasons for not meeting the goal. In stating the reasons 
5.5 	for not meeting the goal, the commissioner shall separately identify delays caused by the 
5.6 	responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the 
5.7 	level of public engagement. The report must specify the number of days from initial 
5.8 	submission of the application to the day of determination that the application is complete. 
5.9 	The report must aggregate the data for the year and assess whether program or system 
5.10 	changes are necessary to achieve the goal. The report must be posted on the agency's Web 
5.11 	site and submitted to the governor and the chairs and ranking minority members of the house 
5.12 	of representatives and senate committees having jurisdiction over environment policy and 
5.13 	finance.
5.14 	(c) The commissioner shall allow electronic submission of environmental review and 
5.15 	permit documents to the agency.
5.16 	(d) Beginning July 1, 2011, Within 30 business days of application for a permit subject 
5.17 	to paragraph (a), the commissioner of the Pollution Control Agency shall notify the project 
5.18 	proposer permit applicant, in writing, whether the application is complete or incomplete. If 
5.19 	the commissioner determines that an application is incomplete, the notice to the applicant 
5.20 	must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes, 
5.21 	and advise the applicant on how the deficiencies can be remedied. If the commissioner 
5.22 	determines that the application is complete, the notice must confirm the application's Tier 
5.23 	1 or Tier 2 permit status and provide the permit applicant with a schedule for issuing the 
5.24 	permit. This paragraph does not apply to an application for a permit that is subject to a grant 
5.25 	or loan agreement under chapter 446A.
5.26 	(e) For purposes of this subdivision, "permit professional" means an individual not 
5.27 	employed by the Pollution Control Agency who:
5.28 	(1) has a professional license issued by the state of Minnesota in the subject area of the 
5.29 	permit;
5.30 	(2) has at least ten years of experience in the subject area of the permit; and
5.31 	(3) abides by the duty of candor applicable to employees of the Pollution Control Agency 
5.32 	under agency rules and complies with all applicable requirements under chapter 326.
5.33 	(f) Upon the agency's request, an applicant relying on a permit professional must 
5.34 	participate in a meeting with the agency before submitting an application:
6.1 	(1) at least two weeks prior to the preapplication meeting, the applicant must submit at 
6.2 	least the following:
6.3 	(i) project description, including, but not limited to, scope of work, primary emissions 
6.4 	points, discharge outfalls, and water intake points;
6.5 	(ii) location of the project, including county, municipality, and location on the site;
6.6 	(iii) business schedule for project completion; and
6.7 	(iv) other information requested by the agency at least four weeks prior to the scheduled 
6.8 	meeting; and
6.9 	(2) during the preapplication meeting, the agency shall provide for the applicant at least 
6.10 	the following:
6.11 	(i) an overview of the permit review program;
6.12 	(ii) a determination of which specific application or applications will be necessary to 
6.13 	complete the project;
6.14 	(iii) a statement notifying the applicant if the specific permit being sought requires a 
6.15 	mandatory public hearing or comment period;
6.16 	(iv) a review of the timetable established in the permit review program for the specific 
6.17 	permit being sought; and
6.18 	(v) a determination of what information must be included in the application, including 
6.19 	a description of any required modeling or testing.
6.20 	(g) The applicant may select a permit professional to undertake the preparation of the 
6.21 	permit application and draft permit.
6.22 	(h) If a preapplication meeting was held, the agency shall, within seven business days 
6.23 	of receipt of an application, notify the applicant and submitting permit professional that the 
6.24 	application is complete or is denied, specifying the deficiencies of the application.
6.25 	(i) Upon receipt of notice that the application is complete, the permit professional shall 
6.26 	submit to the agency a timetable for submitting a draft permit. The permit professional shall 
6.27 	submit a draft permit on or before the date provided in the timetable. Within 60 days after 
6.28 	the close of the public comment period, the commissioner shall notify the applicant whether 
6.29 	the permit can be issued.
6.30 	(j) Nothing in this section shall be construed to modify:
7.1 	(1) any requirement of law that is necessary to retain federal delegation to or assumption 
7.2 	by the state; or
7.3 	(2) the authority to implement a federal law or program.
7.4 	(k) The permit application and draft permit shall identify or include as an appendix all 
7.5 	studies and other sources of information used to substantiate the analysis contained in the 
7.6 	permit application and draft permit. The commissioner shall request additional studies, if 
7.7 	needed, and the project proposer permit applicant shall submit all additional studies and 
7.8 	information necessary for the commissioner to perform the commissioner's responsibility 
7.9 	to review, modify, and determine the completeness of the application and approve the draft 
7.10 	permit.

7.11 	Sec. 7. Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision to 
7.12 	read:
7.13 		Subd. 7.Draft permits; public notice. When public notice of a draft permit is required, 
7.14 	the commissioner must issue the notice with the draft permit within 150 days of receiving 
7.15 	a completed permit application unless the permit applicant and the commissioner mutually 
7.16 	agree to a different date. Before issuing the public notice, the commissioner must provide 
7.17 	a copy of the draft permit to the permit applicant and consider comments on the draft permit 
7.18 	from the permit applicant.

7.19 	Sec. 8. Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:
7.20 		Subd. 4d.Permit fees. (a) The agency may collect permit fees in amounts not greater 
7.21 	than those necessary to cover the reasonable costs of developing, reviewing, and acting 
7.22 	upon applications for agency permits and implementing and enforcing the conditions of the 
7.23 	permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The 
7.24 	fee schedule must reflect reasonable and routine direct and indirect costs associated with 
7.25 	permitting, implementation, and enforcement. The agency may impose an additional 
7.26 	enforcement fee to be collected for a period of up to two years to cover the reasonable costs 
7.27 	of implementing and enforcing the conditions of a permit under the rules of the agency. 
7.28 	Any money collected under this paragraph shall be deposited in the environmental fund.
7.29 	(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner 
7.30 	or operator of all stationary sources, emission facilities, emissions units, air contaminant 
7.31 	treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage 
7.32 	facilities subject to a notification, permit, or license requirement under this chapter, 
7.33 	subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401 
8.1 	et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and 
8.2 	indirect reasonable costs, including legal costs, required to develop and administer the 
8.3 	notification, permit, or license program requirements of this chapter, subchapters I and V 
8.4 	of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules 
8.5 	adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon 
8.6 	an application for a permit; implementing and enforcing statutes, rules, and the terms and 
8.7 	conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally 
8.8 	applicable regulations; responding to federal guidance; modeling, analyses, and 
8.9 	demonstrations; preparing inventories and tracking emissions; and providing information 
8.10 	to the public about these activities.
8.11 	(c) The agency shall set fees that:
8.12 	(1) will result in the collection, in the aggregate, from the sources listed in paragraph 
8.13 	(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant 
8.14 	regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of 
8.15 	the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national 
8.16 	primary ambient air quality standard has been promulgated;
8.17 	(2) may result in the collection, in the aggregate, from the sources listed in paragraph 
8.18 	(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is 
8.19 	regulated under this chapter or air quality rules adopted under this chapter; and
8.20 	(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount 
8.21 	needed to match grant funds received by the state under United States Code, title 42, section 
8.22 	7405 (section 105 of the federal Clean Air Act).
8.23 	The agency must not include in the calculation of the aggregate amount to be collected 
8.24 	under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant 
8.25 	from a source. The increase in air permit fees to match federal grant funds shall be a surcharge 
8.26 	on existing fees. The commissioner may not collect the surcharge after the grant funds 
8.27 	become unavailable. In addition, the commissioner shall use nonfee funds to the extent 
8.28 	practical to match the grant funds so that the fee surcharge is minimized.
8.29 	(d) To cover the reasonable costs described in paragraph (b), the agency shall provide 
8.30 	in the rules promulgated under paragraph (c) for an increase in the fee collected in each 
8.31 	year by the percentage, if any, by which the Consumer Price Index for the most recent 
8.32 	calendar year ending before the beginning of the year the fee is collected exceeds the 
8.33 	Consumer Price Index for the calendar year 1989. For purposes of this paragraph the 
8.34 	Consumer Price Index for any calendar year is the average of the Consumer Price Index for 
9.1 	all-urban consumers published by the United States Department of Labor, as of the close 
9.2 	of the 12-month period ending on August 31 of each calendar year. The revision of the 
9.3 	Consumer Price Index that is most consistent with the Consumer Price Index for calendar 
9.4 	year 1989 shall be used.
9.5 	(e) Any money collected under paragraphs (b) to (d) must be deposited in the 
9.6 	environmental fund and must be used solely for the activities listed in paragraph (b).
9.7 	(f) Permit applicants who wish to construct, reconstruct, or modify a facility project may 
9.8 	offer to reimburse the agency for the reasonable costs of staff time or consultant services
9.9 	needed to expedite the preapplication process and permit development process through the 
9.10 	final decision on the permit, including the analysis of environmental review documents. 
9.11 	The reimbursement shall be in addition to permit application fees imposed by law. When 
9.12 	the agency determines that it needs additional resources to develop the permit application 
9.13 	in an expedited manner, and that expediting the development is consistent with permitting 
9.14 	program priorities, the agency may accept the reimbursement. The commissioner must give 
9.15 	the applicant an estimate of costs to be incurred by the commissioner. The estimate must 
9.16 	include a brief description of the tasks to be performed, a schedule for completing the tasks, 
9.17 	and the estimated cost for each task. The applicant and the commissioner shall enter into a 
9.18 	written agreement to cover the estimated costs to be incurred by the commissioner and 
9.19 	recourse, including but not limited to reducing or withholding fees, the permit applicant 
9.20 	may seek if the agency fails to comply with the schedule. The agreement must also include 
9.21 	the names of staff assigned to the project and terms requiring the assigned staff to work 
9.22 	preferentially on the project until the permit is issued. The commissioner must not issue a 
9.23 	permit until the applicant has paid all fees in full. The commissioner must refund any 
9.24 	unobligated balance of fees paid. Reimbursements accepted by the agency are appropriated 
9.25 	to the agency for the purpose of developing the permit or analyzing environmental review 
9.26 	documents. Reimbursement by a permit applicant shall precede and not be contingent upon 
9.27 	issuance of a permit; shall not affect the agency's decision on whether to issue or deny a 
9.28 	permit, what conditions are included in a permit, or the application of state and federal 
9.29 	statutes and rules governing permit determinations; and shall not affect final decisions 
9.30 	regarding environmental review.
9.31 	(g) The fees under this subdivision are exempt from section 16A.1285.

10.1 	Sec. 9. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to 
10.2 	read:
10.3 		Subd. 13.Irrevocability, suspensions, or expiration of permits; environmental 
10.4 	review. If, by July 1 of an odd-numbered year, legislation has not been enacted to appropriate 
10.5 	money to the commissioner of the Pollution Control Agency for environmental review and 
10.6 	permitting activities of the agency:
10.7 	(1) a permit granted by the commissioner may not be terminated or suspended for the 
10.8 	term of the permit nor shall it expire without the consent of the permittee, except for breach 
10.9 	or nonperformance of any condition of the permit by the permittee that is an imminent threat 
10.10 	to impair or destroy the environment or injure the health, safety, or welfare of the citizens 
10.11 	of the state; and
10.12 	(2) environmental review and permit application work on environmental review and 
10.13 	permits filed before July 1 of that year must not be suspended or terminated.
10.14 	(b) Paragraph (a), clause (1), applies until legislation appropriating money to the 
10.15 	commissioner for the environmental review and permitting activities is enacted.

10.16 	Sec. 10. Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to 
10.17 	read:
10.18 		Subd. 14.Unadopted rules. (a) The commissioner of the Pollution Control Agency 
10.19 	must not enforce or attempt to enforce an unadopted rule. For the purposes of this subdivision, 
10.20 	"unadopted rule" means a guideline, bulletin, criterion, manual standard, interpretive 
10.21 	statement, or similar pronouncement, if the guideline, bulletin, criterion, manual standard, 
10.22 	interpretive statement, or similar pronouncement meets the definition of a rule as defined 
10.23 	under section 14.02, subdivision 4, but has not been adopted according to the rulemaking 
10.24 	process provided under chapter 14. If an unadopted rule is challenged under section 14.381, 
10.25 	the commissioner must overcome a presumption against the unadopted rule.
10.26 	(b) If the commissioner incorporates by reference an internal guideline, bulletin, criterion, 
10.27 	manual standard, interpretive statement, or similar pronouncement into a statute, rule, or 
10.28 	standard, the commissioner must follow the rulemaking process provided under chapter 14 
10.29 	to amend or revise any such guideline, bulletin, criterion, manual standard, interpretive 
10.30 	statement, or similar pronouncement.

11.1 	Sec. 11. Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:
11.2 		Subd. 2a.When prepared. (a) Where there is potential for significant environmental 
11.3 	effects resulting from any major governmental action, the action shall be preceded by a 
11.4 	detailed environmental impact statement prepared by the responsible governmental unit. 
11.5 	The environmental impact statement shall be an analytical rather than an encyclopedic 
11.6 	document which describes the proposed action in detail, analyzes its significant environmental 
11.7 	impacts, discusses appropriate alternatives to the proposed action and their impacts, and 
11.8 	explores methods by which adverse environmental impacts of an action could be mitigated. 
11.9 	The environmental impact statement shall also analyze those economic, employment, and 
11.10 	sociological effects that cannot be avoided should the action be implemented. To ensure its 
11.11 	use in the decision-making process, the environmental impact statement shall be prepared 
11.12 	as early as practical in the formulation of an action.
11.13 	(a) (b) The board shall by rule establish categories of actions for which environmental 
11.14 	impact statements and for which environmental assessment worksheets shall be prepared 
11.15 	as well as categories of actions for which no environmental review is required under this 
11.16 	section. A mandatory environmental assessment worksheet shall is not be required for the 
11.17 	expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), 
11.18 	or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol 
11.19 	facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded 
11.20 	or converted facility to produce alcohol fuel, but must be required if the ethanol plant or 
11.21 	biobutanol facility meets or exceeds thresholds of other categories of actions for which 
11.22 	environmental assessment worksheets must be prepared. The responsible governmental unit 
11.23 	for an ethanol plant or biobutanol facility project for which an environmental assessment 
11.24 	worksheet is prepared shall be is the state agency with the greatest responsibility for 
11.25 	supervising or approving the project as a whole.
11.26 	(c) A mandatory environmental impact statement shall is not be required for a facility 
11.27 	or plant located outside the seven-county metropolitan area that produces less than 
11.28 	125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less 
11.29 	than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as 
11.30 	defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined 
11.31 	in section 41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that 
11.32 	only uses a cellulosic feedstock to produce chemical products for use by another facility as 
11.33 	a feedstock shall is not be considered a fuel conversion facility as used in rules adopted 
11.34 	under this chapter.
12.1 	(b) (d) The responsible governmental unit shall promptly publish notice of the completion 
12.2 	of an environmental assessment worksheet by publishing the notice in at least one newspaper 
12.3 	of general circulation in the geographic area where the project is proposed, by posting the 
12.4 	notice on a Web site that has been designated as the official publication site for publication 
12.5 	of proceedings, public notices, and summaries of a political subdivision in which the project 
12.6 	is proposed, or in any other manner determined by the board and shall provide copies of 
12.7 	the environmental assessment worksheet to the board and its member agencies. Comments 
12.8 	on the need for an environmental impact statement may be submitted to the responsible 
12.9 	governmental unit during a 30-day period following publication of the notice that an 
12.10 	environmental assessment worksheet has been completed. The responsible governmental 
12.11 	unit's decision on the need for an environmental impact statement shall be based on the 
12.12 	environmental assessment worksheet and the comments received during the comment period, 
12.13 	and shall be made within 15 days after the close of the comment period. The board's chair 
12.14 	may extend the 15-day period by not more than 15 additional days upon the request of the 
12.15 	responsible governmental unit.
12.16 	(c) (e) An environmental assessment worksheet shall also be prepared for a proposed 
12.17 	action whenever material evidence accompanying a petition by not less than 100 individuals 
12.18 	who reside or own property in the state, submitted before the proposed project has received 
12.19 	final approval by the appropriate governmental units, demonstrates that, because of the 
12.20 	nature or location of a proposed action, there may be potential for significant environmental 
12.21 	effects. Petitions requesting the preparation of an environmental assessment worksheet shall 
12.22 	be submitted to the board. The chair of the board shall determine the appropriate responsible 
12.23 	governmental unit and forward the petition to it. A decision on the need for an environmental 
12.24 	assessment worksheet shall be made by the responsible governmental unit within 15 days 
12.25 	after the petition is received by the responsible governmental unit. The board's chair may 
12.26 	extend the 15-day period by not more than 15 additional days upon request of the responsible 
12.27 	governmental unit.
12.28 	(d) (f) Except in an environmentally sensitive location where Minnesota Rules, part 
12.29 	4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 
12.30 	review under this chapter and rules of the board, if:
12.31 	(1) the proposed action is:
12.32 	(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
12.33 	(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity 
12.34 	of less than 1,000 animal units;
13.1 	(2) the application for the animal feedlot facility includes a written commitment by the 
13.2 	proposer to design, construct, and operate the facility in full compliance with Pollution 
13.3 	Control Agency feedlot rules; and
13.4 	(3) the county board holds a public meeting for citizen input at least ten business days 
13.5 	prior to before the Pollution Control Agency or county issuing a feedlot permit for the 
13.6 	animal feedlot facility unless another public meeting for citizen input has been held with 
13.7 	regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition 
13.8 	to other exemptions provided under other law and rules of the board.
13.9 	(e) (g) The board may, prior to before final approval of a proposed project, require 
13.10 	preparation of an environmental assessment worksheet by a responsible governmental unit 
13.11 	selected by the board for any action where environmental review under this section has not 
13.12 	been specifically provided for by rule or otherwise initiated.
13.13 	(f) (h) An early and open process shall be utilized to limit the scope of the environmental 
13.14 	impact statement to a discussion of those impacts, which that, because of the nature or 
13.15 	location of the project, have the potential for significant environmental effects. The same 
13.16 	process shall be utilized to determine the form, content, and level of detail of the statement 
13.17 	as well as the alternatives which that are appropriate for consideration in the statement. In 
13.18 	addition, the permits which that will be required for the proposed action shall be identified 
13.19 	during the scoping process. Further, the process shall identify those permits for which 
13.20 	information will be developed concurrently with the environmental impact statement. The 
13.21 	board shall provide in its rules for the expeditious completion of the scoping process. The 
13.22 	determinations reached in the process shall be incorporated into the order requiring the 
13.23 	preparation of an environmental impact statement.
13.24 	(g) (i) The responsible governmental unit shall, to the extent practicable, avoid duplication 
13.25 	and ensure coordination between state and federal environmental review and between 
13.26 	environmental review and environmental permitting. Whenever practical, information 
13.27 	needed by a governmental unit for making final decisions on permits or other actions required 
13.28 	for a proposed project shall be developed in conjunction with the preparation of an 
13.29 	environmental impact statement. When an environmental impact statement is prepared for 
13.30 	a project requiring multiple permits for which two or more agencies' decision processes 
13.31 	include either mandatory or discretionary hearings before a hearing officer prior to before
13.32 	the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to 
13.33 	the contrary, conduct the hearings in a single consolidated hearing process if requested by 
13.34 	the proposer. All agencies having jurisdiction over a permit that is included in the 
13.35 	consolidated hearing shall participate. The responsible governmental unit shall establish 
14.1 	appropriate procedures for the consolidated hearing process, including procedures to ensure 
14.2 	that the consolidated hearing process is consistent with the applicable requirements for each 
14.3 	permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest 
14.4 	applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over 
14.5 	a permit identified in the draft environmental impact statement must accept and begin 
14.6 	reviewing any permit application upon publication of the notice of preparation of the 
14.7 	environmental impact statement.
14.8 	(h) (j) An environmental impact statement shall be prepared and its adequacy determined 
14.9 	within 280 days after notice of its preparation unless the time is extended by consent of the 
14.10 	parties or by the governor for good cause. The responsible governmental unit shall determine 
14.11 	the adequacy of an environmental impact statement, unless within 60 days after notice is 
14.12 	published that an environmental impact statement will be prepared, the board chooses to 
14.13 	determine the adequacy of an environmental impact statement. If an environmental impact 
14.14 	statement is found to be inadequate, the responsible governmental unit shall have 60 days 
14.15 	to prepare an adequate environmental impact statement.
14.16 	(i) (k) The proposer of a specific action may include in the information submitted to the 
14.17 	responsible governmental unit a preliminary draft environmental impact statement under 
14.18 	this section on that action for review, modification, and determination of completeness and 
14.19 	adequacy by the responsible governmental unit. A preliminary draft environmental impact 
14.20 	statement prepared by the project proposer and submitted to the responsible governmental 
14.21 	unit shall identify or include as an appendix all studies and other sources of information 
14.22 	used to substantiate the analysis contained in the preliminary draft environmental impact 
14.23 	statement. The responsible governmental unit shall require additional studies, if needed, 
14.24 	and obtain from the project proposer all additional studies and information necessary for 
14.25 	the responsible governmental unit to perform its responsibility to review, modify, and 
14.26 	determine the completeness and adequacy of the environmental impact statement.

14.27 	Sec. 12. Minnesota Statutes 2016, section 116D.04, subdivision 3a, is amended to read:
14.28 		Subd. 3a.Final decisions. (a) Within 30 days after final approval of an environmental 
14.29 	impact statement, final decisions shall be made by the appropriate governmental units on 
14.30 	those permits which were identified as required and for which information was developed 
14.31 	concurrently with the preparation of the environmental impact statement. Provided, however, 
14.32 	that the 30-day period may be extended where a longer period is permitted by section 15.99
14.33 	or required by federal law or state statute or is consented to by the permit applicant. The 
15.1 	permit decision shall include the reasons for the decision, including any conditions under 
15.2 	which the permit is issued, together with a final order granting or denying the permit.
15.3 	(b) Wetland-replacement sites identified according to section 103G.222, subdivision 3, 
15.4 	concurrently with the preparation of an environmental impact statement are deemed approved 
15.5 	for a replacement plan under section 93.481, 103G.2242, or 103G.2243 upon final approval 
15.6 	of the environmental impact statement.

15.7 	Sec. 13. Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:
15.8 		Subd. 10.Review. A person aggrieved by a final decision on the need for an 
15.9 	environmental assessment worksheet, the need for an environmental impact statement, or 
15.10 	the adequacy of an environmental impact statement is entitled to judicial review of the 
15.11 	decision under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved 
15.12 	person for judicial review under sections 14.63 to 14.68 must be filed with the Court of 
15.13 	Appeals and served on the responsible governmental unit not more than 30 days after the 
15.14 	party receives the final decision and order of the responsible governmental unit makes its 
15.15 	decision. Proceedings for review under this section must be instituted by serving a petition 
15.16 	for a writ of certiorari personally or by certified mail upon the responsible governmental 
15.17 	unit and by promptly filing the proof of service in the Office of the Clerk of the Appellate 
15.18 	Courts and the matter will proceed in the manner provided by the Rules of Civil Appellate 
15.19 	Procedure. A copy of the petition must be provided to the attorney general at the time of 
15.20 	service. Copies of the writ must be served, personally or by certified mail, upon the 
15.21 	responsible governmental unit and the project proposer. The filing of the writ of certiorari 
15.22 	does not stay the enforcement of any other governmental action, provided that the responsible 
15.23 	governmental unit may stay enforcement or the Court of Appeals may order a stay upon 
15.24 	terms it deems proper. A bond may be required under section 562.02 unless at the time of 
15.25 	hearing on the application for the bond the petitioner-relator has shown that the claim is 
15.26 	likely to succeed on the merits. The board may initiate judicial review of decisions referred 
15.27 	to herein and the board or a project proposer may intervene as of right in any proceeding 
15.28 	brought under this subdivision.

15.29 	Sec. 14. Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:
15.30 		Subdivision 1.Assessment. The board shall must by rule adopt procedures to:
15.31 	(1) assess the proposer of a specific action for the responsible government unit's
15.32 	reasonable costs of preparing, reviewing, and distributing the environmental impact statement. 
16.1 	The costs shall must be determined by the responsible governmental unit pursuant according
16.2 	to the rules promulgated adopted by the board.; and
16.3 	(2) authorize a proposer of a specific action to prepare a draft environmental impact 
16.4 	statement for that action for submission to and review, modification, and determination of 
16.5 	completeness and adequacy by the responsible governmental unit.

16.6 	ARTICLE 2
16.7 	ENVIRONMENTAL QUALITY BOARD

16.8 	Section 1. Minnesota Statutes 2016, section 3.886, subdivision 4, is amended to read:
16.9 		Subd. 4.Powers and duties. (a) The Legislative Water Commission shall review water 
16.10 	policy reports and recommendations of the Environmental Quality Board, the Board of 
16.11 	Water and Soil Resources, the Pollution Control Agency, the Department of Natural 
16.12 	Resources, the Metropolitan Council, and other water-related reports as may be required 
16.13 	by law or the legislature.
16.14 	(b) The commission may conduct public hearings and otherwise secure data and 
16.15 	comments.
16.16 	(c) The commission shall make recommendations as it deems proper to assist the 
16.17 	legislature in formulating legislation.
16.18 	(d) Data or information compiled by the Legislative Water Commission or its 
16.19 	subcommittees shall be made available to the Legislative-Citizen Commission on Minnesota 
16.20 	Resources, the Clean Water Council, and standing and interim committees of the legislature 
16.21 	on request of the chair of the respective commission, council, or committee.
16.22 	(e) The commission shall coordinate with the Clean Water Council.

16.23 	Sec. 2. Minnesota Statutes 2016, section 13.7411, subdivision 9, is amended to read:
16.24 		Subd. 9.Environmental Quality Board Low-level radioactive waste. (a) Study data 
16.25 	for radioactive waste disposal. Access to data derived from testing or studies for the 
16.26 	disposal of radioactive waste is governed by section 116C.724, subdivision 3.
16.27 	(b) Low-level radioactive waste. Certain data given to the Pollution Control Agency 
16.28 	by persons who generate, transport, or dispose of low-level radioactive waste are classified 
16.29 	under section 116C.840.

17.1 	Sec. 3. Minnesota Statutes 2016, section 18B.045, is amended to read:
17.2 	18B.045 PESTICIDE MANAGEMENT PLAN.
17.3 		Subdivision 1.Development. The commissioner shall develop a pesticide management 
17.4 	plan for the prevention, evaluation, and mitigation of occurrences of pesticides or pesticide 
17.5 	breakdown products in groundwaters and surface waters of the state. The pesticide 
17.6 	management plan must include components promoting prevention, developing appropriate 
17.7 	responses to the detection of pesticides or pesticide breakdown products in groundwater 
17.8 	and surface waters, and providing responses to reduce or eliminate continued pesticide 
17.9 	movement to groundwater and surface water. By September 1 of each even-numbered year, 
17.10 	the commissioner must submit a status report on the plan to the Environmental Quality 
17.11 	Board for review and then to the house of representatives and senate committees with 
17.12 	jurisdiction over the environment, natural resources, and agriculture.
17.13 		Subd. 2.Coordination. The pesticide management plan shall be coordinated and 
17.14 	developed with other state agency plans and with other state agencies through the 
17.15 	Environmental Quality Board. In addition, the University of Minnesota Extension Service, 
17.16 	farm organizations, farmers, environmental organizations, and industry shall be involved 
17.17 	in the pesticide management plan development.

17.18 	Sec. 4. Minnesota Statutes 2016, section 18E.06, is amended to read:
17.19 	18E.06 REPORT.
17.20 	By December 1 of each year, the Agricultural Chemical Response Compensation Board 
17.21 	and the commissioner shall submit to the house of representatives Committee on Ways and 
17.22 	Means, the senate Committee on Finance, and the house of representatives and senate 
17.23 	committees with jurisdiction over the environment, natural resources, and agriculture, and 
17.24 	the Environmental Quality Board a report detailing the board's activities and reimbursements 
17.25 	and the expenditures and activities associated with the commissioner's incident response 
17.26 	program for which money from the account has been spent during the previous year.

17.27 	Sec. 5. Minnesota Statutes 2016, section 103A.204, is amended to read:
17.28 	103A.204 GROUNDWATER POLICY.
17.29 	(a) The responsibility for the protection of groundwater in Minnesota is vested in a 
17.30 	multiagency approach to management. The following is a list of agencies and the groundwater 
17.31 	protection areas for which the agencies are primarily responsible; the list is not intended to 
17.32 	restrict the areas of responsibility to only those specified:
18.1 	(1) Environmental Quality Board Clean Water Council: coordination of state groundwater 
18.2 	protection programs;
18.3 	(2) Pollution Control Agency: water quality monitoring and reporting and the 
18.4 	development of best management practices and regulatory mechanisms for protection of 
18.5 	groundwater from nonagricultural chemical contaminants;
18.6 	(3) Department of Agriculture: sustainable agriculture, integrated pest management, 
18.7 	water quality monitoring, and the development of best management practices and regulatory 
18.8 	mechanisms for protection of groundwater from agricultural chemical contaminants;
18.9 	(4) Board of Water and Soil Resources: reporting on groundwater education and outreach 
18.10 	with local government officials, local water planning and management, and local cost share 
18.11 	programs;
18.12 	(5) Department of Natural Resources: water quantity monitoring and regulation, 
18.13 	sensitivity mapping, and development of a plan for the use of integrated pest management 
18.14 	and sustainable agriculture on state-owned lands; and
18.15 	(6) Department of Health: regulation of wells and borings, and the development of health 
18.16 	risk limits under section 103H.201.
18.17 	(b) The Environmental Quality Board shall Clean Water Council must prepare a report 
18.18 	on policy issues related to its responsibilities listed in paragraph (a), and include these reports 
18.19 	with the assessments in section 103A.43 and the "Minnesota Water Plan" in section 
18.20 	103B.151.

18.21 	Sec. 6. Minnesota Statutes 2016, section 103B.101, subdivision 9, is amended to read:
18.22 		Subd. 9.Powers and duties. In addition to the powers and duties prescribed elsewhere, 
18.23 	the board shall must:
18.24 	(1) coordinate the water and soil resources planning and implementation activities of 
18.25 	counties, soil and water conservation districts, watershed districts, watershed management 
18.26 	organizations, and any other local units of government through its various authorities for 
18.27 	approval of local plans, administration of state grants, contracts and easements, and by other 
18.28 	means as may be appropriate;
18.29 	(2) facilitate communication and coordination among state agencies in cooperation with 
18.30 	the Environmental Quality Board, and between state and local units of government, in order 
18.31 	to make the expertise and resources of state agencies involved in water and soil resources 
18.32 	management available to the local units of government to the greatest extent possible;
19.1 	(3) coordinate state and local interests with respect to the study in southwestern Minnesota 
19.2 	under United States Code, title 16, section 1009;
19.3 	(4) develop information and education programs designed to increase awareness of local 
19.4 	water and soil resources problems and awareness of opportunities for local government 
19.5 	involvement in preventing or solving them;
19.6 	(5) provide a forum for the discussion of local issues and opportunities relating to water 
19.7 	and soil resources management;
19.8 	(6) adopt an annual budget and work program that integrate the various functions and 
19.9 	responsibilities assigned to it by law; and
19.10 	(7) report to the governor and the legislature by October 15 of each even-numbered year 
19.11 	with an assessment of board programs and recommendations for any program changes and 
19.12 	board membership changes necessary to improve state and local efforts in water and soil 
19.13 	resources management.
19.14 	The board may accept grants, gifts, donations, or contributions in money, services, 
19.15 	materials, or otherwise from the United States, a state agency, or other source to achieve 
19.16 	an authorized or delegated purpose. The board may enter into a contract or agreement 
19.17 	necessary or appropriate to accomplish the transfer. The board may conduct or participate 
19.18 	in local, state, or federal programs or projects that have as one purpose or effect the 
19.19 	preservation or enhancement of water and soil resources and may enter into and administer 
19.20 	agreements with local governments or landowners or their designated agents as part of those 
19.21 	programs or projects. The board may receive and expend money to acquire conservation 
19.22 	easements, as defined in chapter 84C, on behalf of the state and federal government consistent 
19.23 	with the Camp Ripley's Army Compatible Use Buffer Project.
19.24 	Any money received is hereby deposited in an account in a fund other than the general 
19.25 	fund and appropriated and dedicated for the purpose for which it is granted.

19.26 	Sec. 7. Minnesota Statutes 2016, section 103B.151, is amended to read:
19.27 	103B.151 COORDINATION OF WATER RESOURCE PLANNING.
19.28 		Subdivision 1.Water planning. The Environmental Quality Board Clean Water Council
19.29 	shall must:
19.30 	(1) coordinate public water resource management and regulation activities among the 
19.31 	state agencies having jurisdiction in the area;
20.1 	(2) coordinate comprehensive long-range water resources planning in furtherance of the 
20.2 	Environmental Quality Board's "Minnesota Water Plan," published in January 1991, by 
20.3 	September 15, 2000, and each ten-year interval afterwards;
20.4 	(3) coordinate water planning activities of local, regional, and federal bodies with state 
20.5 	water planning and integrate these plans with state strategies;
20.6 	(4) coordinate development of state water policy recommendations and priorities, and 
20.7 	a recommended program for funding identified needs, including priorities for implementing 
20.8 	the state water resources monitoring plan;
20.9 	(5) administer federal water resources planning with multiagency interests;
20.10 	(6) ensure that groundwater quality monitoring and related data is provided and integrated 
20.11 	into the Minnesota land management information system according to published data 
20.12 	compatibility guidelines. Costs of integrating the data in accordance with data compatibility 
20.13 	standards must be borne by the agency generating the data;
20.14 	(7) coordinate the development and evaluation of water information and education 
20.15 	materials and resources; and
20.16 	(8) coordinate the dissemination of water information and education through existing 
20.17 	delivery systems.
20.18 		Subd. 2.Governor's representative. The Environmental Quality Board Clean Water 
20.19 	Council chair shall represent the governor on interstate water resources organizations.

20.20 	Sec. 8. Minnesota Statutes 2016, section 103B.315, subdivision 5, is amended to read:
20.21 		Subd. 5.State review. (a) After conducting the public hearing but before final adoption, 
20.22 	the county board must submit its local water management plan, all written comments received 
20.23 	on the plan, a record of the public hearing under subdivision 4, and a summary of changes 
20.24 	incorporated as a result of the review process to the board for review. The board shall 
20.25 	complete the review within 90 days after receiving a local water management plan and 
20.26 	supporting documents. The board shall consult with the Departments of Agriculture, Health, 
20.27 	and Natural Resources; the Pollution Control Agency; the Environmental Quality Board;
20.28 	and other appropriate state agencies during the review.
20.29 	(b) The board may disapprove a local water management plan if the board determines 
20.30 	the plan is not consistent with state law. If a plan is disapproved, the board shall provide a 
20.31 	written statement of its reasons for disapproval. A disapproved local water management 
20.32 	plan must be revised by the county board and resubmitted for approval by the board within 
21.1 	120 days after receiving notice of disapproval of the local water management plan, unless 
21.2 	the board extends the period for good cause.
21.3 	(c) If the local government unit disagrees with the board's decision to disapprove the 
21.4 	plan, it may, within 60 days, initiate mediation through the board's informal dispute resolution 
21.5 	process as established pursuant to section 103B.345, subdivision 1. A local government 
21.6 	unit may appeal disapproval to the Court of Appeals. A decision of the board on appeal is 
21.7 	subject to judicial review under sections 14.63 to 14.69.

21.8 	Sec. 9. Minnesota Statutes 2016, section 103H.151, subdivision 4, is amended to read:
21.9 		Subd. 4.Evaluation. The commissioners of agriculture and the Pollution Control Agency 
21.10 	shall, through field audits and other appropriate means, monitor the use and effectiveness 
21.11 	of best management practices developed and promoted under this section. The information 
21.12 	collected must be submitted to the Environmental Quality Board, which must include the 
21.13 	information in the report required in section 103A.43, paragraph (d) Clean Water Council.

21.14 	Sec. 10. Minnesota Statutes 2016, section 103H.175, subdivision 3, is amended to read:
21.15 		Subd. 3.Report. Every five years, the Pollution Control Agency, in cooperation with 
21.16 	other agencies participating in the monitoring of water resources, shall provide a draft report 
21.17 	on the status of groundwater monitoring to the Environmental Quality Board for review 
21.18 	and then to the house of representatives and senate committees with jurisdiction over the 
21.19 	environment, natural resources, and agriculture as part of the report in section 103A.204.

21.20 	Sec. 11. Minnesota Statutes 2016, section 115A.32, is amended to read:
21.21 	115A.32 RULES.
21.22 	The board shall promulgate commissioner of the Pollution Control Agency must adopt
21.23 	rules pursuant according to chapter 14 to govern its the activities under sections 115A.32
21.24 	to 115A.39. For the purposes of sections 115A.32 to 115A.39, "board" means the 
21.25 	Environmental Quality Board established in section 116C.03. In all of its activities and 
21.26 	deliberations under sections 115A.32 to 115A.39, the board shall consult with the 
21.27 	commissioner of the Pollution Control Agency.

21.28 	Sec. 12. Minnesota Statutes 2016, section 115A.33, is amended to read:
21.29 	115A.33 ELIGIBILITY; REQUEST FOR REVIEW.
22.1 	(a)The following persons shall be are eligible to request supplementary review by the 
22.2 	temporary advisory board pursuant according to sections 115A.32 to 115A.39:
22.3 	(a) (1) a generator of sewage sludge within the state who that has been issued permits 
22.4 	by the agency for a facility to dispose of sewage sludge or solid waste resulting from sewage 
22.5 	treatment;
22.6 	(b) (2) a political subdivision which that has been issued permits by the agency, or a 
22.7 	political subdivision acting on behalf of a person who that has been issued permits by the 
22.8 	agency, for a solid waste facility which that is no larger than 250 acres, not including any 
22.9 	proposed buffer area, and located outside the metropolitan area;
22.10 	(c) (3) a generator of hazardous waste within the state who that has been issued permits 
22.11 	by the agency for a hazardous waste facility to be owned and operated by the generator, on 
22.12 	property owned by the generator, and to be used by the generator for managing the hazardous 
22.13 	wastes produced by the generator only;
22.14 	(d) (4) a person who that has been issued permits by the agency for a commercial 
22.15 	hazardous waste processing facility at a site included in the board's inventory of preferred 
22.16 	sites for such facilities adopted pursuant to Minnesota Statutes 1996, section 115A.09; and
22.17 	(e) (5) a person who that has been issued permits by the agency for a disposal facility 
22.18 	for the nonhazardous sludge, ash, or other solid waste generated by a permitted hazardous 
22.19 	waste processing facility operated by the person.
22.20 	(b) The board commissioner may require completion of a plan conforming to the 
22.21 	requirements of section 115A.46, before granting review under clause (b) paragraph (a), 
22.22 	clause (2). A request for supplementary review shall must show that the required permits 
22.23 	for the facility have been issued by the agency and that a political subdivision has refused 
22.24 	to approve the establishment or operation of the facility.

22.25 	Sec. 13. Minnesota Statutes 2016, section 115A.34, is amended to read:
22.26 	115A.34 APPOINTMENT OF TEMPORARY BOARD MEMBERS ADVISORY 
22.27 	BOARD.
22.28 	Within 45 days of the submission of a request determined by the board commissioner
22.29 	to satisfy the requirements for review under sections 115A.32 to 115A.39, a temporary 
22.30 	members shall advisory board must be added to the board established for the purpose of the
22.31 	a supplementary review and providing recommendations to the commissioner on a final 
22.32 	decision. Three members shall must be selected by the governing body of the city or town 
22.33 	in which the chair of the board commissioner determines the facility would be principally 
23.1 	located, and three members shall must be selected by the governing body of the county in 
23.2 	which the chair of the board commissioner determines the proposed facility would be 
23.3 	principally located. If the proposed facility is located in unorganized territory, all six members 
23.4 	shall must be selected by the governing board of the county. Temporary advisory board 
23.5 	members shall must be residents of the county in which the proposed facility would be 
23.6 	located and shall must be selected to represent broadly the local interests that would be 
23.7 	directly affected by the proposed facility. At least one member appointed by the city or 
23.8 	town shall must live within one mile of the proposed facility, and at least one member 
23.9 	appointed by the county shall must be a resident of a city or town in which the proposed 
23.10 	facility would be located. If the appointing authority fails to appoint temporary advisory 
23.11 	board members in the period allowed, the governor shall must appoint the temporary members 
23.12 	to represent the local interests in accordance with according to this section. Temporary 
23.13 	advisory board members shall serve for terms lasting until the board commissioner has 
23.14 	taken final action on the facility.

23.15 	Sec. 14. Minnesota Statutes 2016, section 115A.35, is amended to read:
23.16 	115A.35 REVIEW PROCEDURE.
23.17 	The temporary advisory board shall must meet to commence begin the supplementary 
23.18 	review within 90 days of the submission of a request determined by the board commissioner
23.19 	to satisfy the requirements for review under this section. At the meeting commencing to 
23.20 	begin the review, the chair shall, selected by members of the temporary advisory board, 
23.21 	must recommend and the temporary advisory board must establish a scope and procedure, 
23.22 	in accordance with the rules of the board commissioner, for the supplemental review and 
23.23 	final decision by the commissioner on the proposed facility. The procedure shall must require 
23.24 	the board commissioner to make a final decision on the proposed facility within 90 days 
23.25 	following the commencement of review. The procedure shall must require the temporary 
23.26 	advisory board to hold, at the call of the chair, at least one public hearing in the county 
23.27 	within which the proposed facility would be located. A majority of permanent the members 
23.28 	of the board shall must be present at the hearing. The hearing shall must be conducted for 
23.29 	the board by the state Office of Administrative Hearings in a manner determined by the 
23.30 	administrative law judge to be consistent with the expeditious completion of the proceedings 
23.31 	as required by sections 115A.32 to 115A.39. The hearing shall must not be deemed a 
23.32 	contested case under chapter 14. Notice of the hearing shall must be published in a newspaper 
23.33 	or newspapers of general circulation in the area for two successive weeks ending at least 
23.34 	15 days before the date of the meeting. The notice shall must describe the proposed facility, 
23.35 	its location, the permits, and the temporary advisory board's scope and procedure for review. 
24.1 	The notice shall must identify a location or locations within the city or town and county 
24.2 	where the permit applications, the agency permits, and the temporary advisory board's scope 
24.3 	and procedure for review are available for review and where copies may be obtained.

24.4 	Sec. 15. Minnesota Statutes 2016, section 115A.36, is amended to read:
24.5 	115A.36 SCOPE AND CONTENT OF REVIEW.
24.6 	In its review and final decision on of the proposed facility, the temporary advisory board 
24.7 	shall must consider at least the following matters:
24.8 	(a) (1) the risk and effect of the proposed facility on local residents, units of government, 
24.9 	and the local public health, safety, and welfare, including such dangers as an accidental 
24.10 	release of wastes during transportation to the facility, water, air, and land pollution, and fire 
24.11 	or explosion where appropriate, and the degree to which the risk or effect may be alleviated;
24.12 	(b) (2) the consistency of the proposed facility with, and its effect on, existing and 
24.13 	planned local land use and development; local laws, ordinances, and permits; and local 
24.14 	public facilities and services;
24.15 	(c) (3) the adverse effects of the facility on agriculture and natural resources and 
24.16 	opportunities to mitigate or eliminate the adverse effects by additional stipulations, 
24.17 	conditions, and requirements respecting the proposed facility at the proposed site;
24.18 	(d) (4) the need for the proposed facility, especially its contribution to abating solid and 
24.19 	hazardous waste disposal, the availability of alternative sites, and opportunities to mitigate 
24.20 	or eliminate need by additional and alternative waste management strategies or actions of 
24.21 	a significantly different nature;
24.22 	(e) (5) whether, in the case of solid waste resource recovery facilities, the applicant has 
24.23 	considered the feasible and prudent waste processing alternatives for accomplishing the 
24.24 	purposes of the proposed project and has compared and evaluated the costs of the alternatives, 
24.25 	including capital and operating costs, and the effects of the alternatives on the cost to 
24.26 	generators.

24.27 	Sec. 16. Minnesota Statutes 2016, section 115A.37, is amended to read:
24.28 	115A.37 FINAL DECISION OF BOARD COMMISSIONER.
24.29 		Subdivision 1.Approval or disapproval. (a) In its making a final decision on the 
24.30 	proposed facility, the board commissioner must consider the recommendations of the 
24.31 	temporary advisory board and may either approve or disapprove the proposed facility at the 
25.1 	proposed site. The board's commissioner's approval shall must embody all terms, conditions, 
25.2 	and requirements of the permitting agencies, provided that the board commissioner may:
25.3 	(a) (1) finally resolve any conflicts between state agencies regarding permit terms, 
25.4 	conditions, and requirements,; and
25.5 	(b) (2) require more stringent permit terms, conditions, and requirements respecting the 
25.6 	design, construction, operation, inspection, monitoring, and maintenance of the proposed 
25.7 	facility at the proposed site.
25.8 	(b) The board's commissioner's resolution of conflicts under clause paragraph (a) shall, 
25.9 	clause (1), must be in favor of the more stringent terms, conditions, and requirements.
25.10 		Subd. 2.Decision paramount. The decision of the board commissioner to approve a 
25.11 	facility shall be is final and shall supersede and preempt supersedes and preempts
25.12 	requirements of state agencies and political subdivisions and the requirements of sections 
25.13 	473H.02 to 473H.17; except that the facility shall be is subject to those terms, conditions, 
25.14 	and requirements of permitting agencies embodied in the board's commissioner's approval 
25.15 	and any requirements imposed pursuant to subdivision 3. The permitting agencies shall
25.16 	must issue or amend the permits for the facility within 60 days following and in accordance 
25.17 	with the final decision of the board commissioner, and all permits shall must conform to 
25.18 	the terms, conditions, and requirements of the board's commissioner's decision. No charter 
25.19 	provision, ordinance, rule, permit, or other requirement of any state agency or political 
25.20 	subdivision shall prevent or restrict the establishment, operation, expansion, continuance, 
25.21 	or closure of the facility in accordance with the final decision of the board commissioner
25.22 	and permits issued pursuant thereto to the final decision.
25.23 		Subd. 3.Local requirements. A political subdivision may impose reasonable 
25.24 	requirements respecting the construction, inspection, operation, monitoring, and maintenance 
25.25 	of a facility. Any such requirements shall be are subject to review by the agency to determine 
25.26 	their reasonableness and consistency with the establishment and use of a facility in 
25.27 	accordance with the final decision of the board commissioner and permits issued pursuant 
25.28 	thereto to the final decision. The agency may approve, disapprove, suspend, modify, or 
25.29 	reverse any such requirements. The decision of the agency shall be is final.

25.30 	Sec. 17. Minnesota Statutes 2016, section 115A.38, subdivision 1, is amended to read:
25.31 		Subdivision 1.Reports to legislative commission. At least 30 days before making a 
25.32 	final decision under section 115A.37 in a review brought pursuant according to section 
25.33 	115A.33, clause (d) paragraph (a), clause (4), the chair of the temporary advisory board or 
26.1 	commissioner may report to the legislative commission describing permit conditions or 
26.2 	requirements being considered which that are not within the existing authority of the agency 
26.3 	or the board or which that would require legislation or public financial assistance. In any 
26.4 	such report, the chair of the board may request intervention in the review pursuant to 
26.5 	subdivisions 2 and 3.

26.6 	Sec. 18. Minnesota Statutes 2016, section 115A.38, subdivision 3, is amended to read:
26.7 		Subd. 3.Suspension of review process; intervention proceeding. Following the report 
26.8 	of the intervenor, the legislative commission may suspend the review process for an additional 
26.9 	period not to exceed 90 days for an intervention proceeding. The intervenor shall be is in 
26.10 	charge of the intervention proceeding and may call for such participation and establish such 
26.11 	procedures as the intervenor deems necessary and appropriate to facilitate agreement. The 
26.12 	intervenor shall keep the chair of the legislative commission informed on the progress of 
26.13 	the intervention proceeding, particularly with respect to agreements or proposed agreements 
26.14 	which that may require action or decisions not within the authority of the agency or board, 
26.15 	legislative action, or public financial assistance. The intervenor shall make recommendations 
26.16 	to the commission respecting any such agreements or proposed agreements. The commission 
26.17 	may make recommendations to the intervenor respecting any such agreement or proposed 
26.18 	agreement. If the commission approves of an agreement, or a decision based upon an 
26.19 	agreement, which that requires action or decisions not within the authority of the agency 
26.20 	or board, legislative action, or public financial assistance, the commission shall cause the 
26.21 	matter and recommendations to be submitted to the legislature for consideration.

26.22 	Sec. 19. Minnesota Statutes 2016, section 115A.39, is amended to read:
26.23 	115A.39 JUDICIAL REVIEW.
26.24 	Judicial review with respect to conduct or decisions in supplementary reviews brought 
26.25 	pursuant according to section 115A.33, clause (c) or (d) paragraph (a), clause (3) or (4), 
26.26 	shall be as provided in section 115A.30.

26.27 	Sec. 20. Minnesota Statutes 2016, section 115B.20, subdivision 6, is amended to read:
26.28 		Subd. 6.Report to legislature. By January 31 of each odd-numbered year, the 
26.29 	commissioner of agriculture and the agency shall submit to the senate Finance Committee, 
26.30 	the house of representatives Ways and Means Committee, the Environment and Natural 
26.31 	Resources Committees of the senate and house of representatives, the Finance Division of 
26.32 	the senate Committee on Environment and Natural Resources, and the house of 
27.1 	representatives Committee on Environment and Natural Resources Finance, and the 
27.2 	Environmental Quality Board a report detailing the activities for which money has been 
27.3 	spent pursuant to this section during the previous fiscal year.

27.4 	Sec. 21. Minnesota Statutes 2016, section 116C.74, subdivision 2, is amended to read:
27.5 		Subd. 2.Violations; penalties. (a) A person who violates section 116C.723, 116C.724,
27.6 	or 116C.731 is:
27.7 	(1) guilty of a misdemeanor and is subject to a fine of not more than $20,000; and
27.8 	(2) subject to a civil penalty of not more than $10,000 for each day of violation, payable 
27.9 	to the state, and may be ordered by the court to pay to the state an additional sum as 
27.10 	compensation for cleanup and for pollution, destruction, or impairment of the environment, 
27.11 	including but not limited to contamination of water supplies or water aquifers.
27.12 	(b) A violation of section 116C.723, 116C.724, or 116C.731 may be enjoined as provided 
27.13 	by law in an action in the name of the state brought by the attorney general.
27.14 	(c) This subdivision does not limit other remedies otherwise available to either the state 
27.15 	or private parties for violations of section 116C.723, 116C.724, or 116C.731.

27.16 	Sec. 22. Minnesota Statutes 2016, section 116C.91, is amended by adding a subdivision 
27.17 	to read:
27.18 		Subd. 2a.Commissioner. "Commissioner" means the commissioner of agriculture.

27.19 	Sec. 23. Minnesota Statutes 2016, section 116C.92, is amended to read:
27.20 	116C.92 COORDINATION OF ACTIVITIES.
27.21 		Subdivision 1.State coordinating organization. The Environmental Quality Board
27.22 	Department of Agriculture is designated the state coordinating organization for state and 
27.23 	federal regulatory activities relating to genetically engineered organisms.
27.24 		Subd. 2.Notice of nationwide action. The board commissioner of natural resources
27.25 	shall must notify interested parties if a permit to release genetically engineered wild rice is 
27.26 	issued anywhere in the United States. For purposes of this subdivision, "interested parties" 
27.27 	means:
27.28 	(1) the state's wild rice wild-rice industry;
27.29 	(2) the legislature;
27.30 	(3) federally recognized tribes within Minnesota; and
28.1 	(4) individuals who request to be notified.

28.2 	Sec. 24. Minnesota Statutes 2016, section 116C.94, is amended to read:
28.3 	116C.94 RULES.
28.4 		Subdivision 1.General authority. (a) Except as provided in paragraph (b), the board
28.5 	commissioner shall adopt rules consistent with sections 116C.91 to 116C.96 that require 
28.6 	an environmental assessment worksheet and otherwise comply with chapter 116D and rules 
28.7 	adopted under it for a proposed release and a permit for a release. The board commissioner
28.8 	may place conditions on a permit and may deny, modify, suspend, or revoke a permit.
28.9 	(b) The board commissioner shall adopt rules that require an environmental impact 
28.10 	statement and otherwise comply with chapter 116D and rules adopted under it for a proposed 
28.11 	release and a permit for a release of genetically engineered wild rice. The board commissioner
28.12 	may place conditions on the permit and may deny, modify, suspend, or revoke the permit.
28.13 		Subd. 2.Significant environmental permit. The rules shall must provide that the board
28.14 	commissioner shall authorize an agency with a significant environmental permit to administer 
28.15 	the regulatory oversight for the release of certain genetically engineered organisms.
28.16 		Subd. 3.Commercialization. The board commissioner may adopt rules providing 
28.17 	exemptions to the requirements to prepare an environmental assessment worksheet and 
28.18 	obtain a permit for releases of genetically engineered organisms for which substantial 
28.19 	evidence from past releases has shown to the board's commissioner's satisfaction that the 
28.20 	organism can be released without jeopardizing public health or the environment.
28.21 		Subd. 4.Alternative regulatory oversight. The board commissioner may adopt rules 
28.22 	providing alternative regulatory oversight to the requirements to prepare an environmental 
28.23 	assessment worksheet and obtain a permit for releases of genetically engineered organisms 
28.24 	for which substantial evidence from past experience, including releases and laboratory data, 
28.25 	has shown to the board's commissioner's satisfaction that the alternative oversight will 
28.26 	protect public health and the environment.
28.27 		Subd. 5.Rules; federal oversight. The board commissioner may adopt rules to implement 
28.28 	the authorities granted to it in section 116C.97, subdivision 2.
28.29 		Subd. 6.Consultation. The board commissioner shall consult with local units of 
28.30 	government and with private citizens before adopting any rules.

29.1 	Sec. 25. Minnesota Statutes 2016, section 116C.95, is amended to read:
29.2 	116C.95 LIABILITY.
29.3 	Rules established by the board commissioner under section 116C.94shall do not affect 
29.4 	liability under any other law or regulation for adverse effects resulting from activities relating 
29.5 	to genetically engineered organisms.

29.6 	Sec. 26. Minnesota Statutes 2016, section 116C.96, is amended to read:
29.7 	116C.96 COST REIMBURSEMENT.
29.8 	The board commissioner shall assess the proposer of a release for the necessary and 
29.9 	reasonable costs of processing exemptions from a release permit under rules authorized by 
29.10 	sections 116C.94, subdivisions 1, 3, and 4, and 116C.97, subdivision 2, paragraph (c), or 
29.11 	applications for a release permit. An estimated budget shall must be prepared for each 
29.12 	exemption or application by the chair of the board commissioner. The proposer must remit 
29.13 	25 percent of the estimated budget within 14 days of the receipt of the estimated budget 
29.14 	from the chair commissioner. The unpaid balance shall must be billed in periodic installments, 
29.15 	due upon receipt of an invoice from the chair commissioner. Costs in excess of the estimated 
29.16 	budget must be certified by the board commissioner and upon certification constitute prima 
29.17 	facie evidence that the expenses are reasonable and necessary and shall must be charged to 
29.18 	the proposer. The proposer may review all actual costs and present objections to the board
29.19 	commissioner, which who may modify the cost or determine that the cost assessed is 
29.20 	reasonable. The assessment paid by the proposer shall must not exceed the sum of the costs 
29.21 	incurred. All money received under this section shall must be deposited in the special account 
29.22 	established under section 116D.045, subdivision 3, for the purpose of paying to pay costs 
29.23 	incurred in processing exemptions and applications.

29.24 	Sec. 27. Minnesota Statutes 2016, section 116C.97, is amended to read:
29.25 	116C.97 EXEMPTIONS.
29.26 		Subdivision 1.Human gene therapy. The requirements of sections 116C.91 to 116C.96
29.27 	and of the rules of the board adopted pursuant according to section 116C.94 do not apply 
29.28 	to genetic engineering of human germ cells and human somatic cells intended for use in 
29.29 	human gene therapy.
29.30 		Subd. 2.Federal oversight. (a) If the board commissioner determines, upon its the 
29.31 	commissioner's own volition or at the request of any person, that a federal program exists 
29.32 	for regulating the release of certain genetically engineered organisms and the federal oversight 
30.1 	under the program is adequate to protect human health or the environment, then any person 
30.2 	may release such genetically engineered organisms after obtaining the necessary federal 
30.3 	approval and without obtaining a state release permit or a significant environmental permit 
30.4 	or complying with the other requirements of sections 116C.91 to 116C.96 and the rules of 
30.5 	the board adopted pursuant to section 116C.94.
30.6 	(b) If the board commissioner determines the federal program is adequate to meet only 
30.7 	certain requirements of sections 116C.91 to 116C.96 and the rules of the board adopted 
30.8 	pursuant to section 116C.94, the board commissioner may exempt such releases from those 
30.9 	requirements.
30.10 	(c) A person proposing a release for which a federal authorization is required may apply 
30.11 	to the board commissioner for an exemption from the board's commissioner's permit or to 
30.12 	a state agency with a significant environmental permit for the proposed release for an 
30.13 	exemption from the agency's permit. The proposer must file with the board commissioner
30.14 	or state agency a written request for exemption with a copy of the federal application and 
30.15 	the information necessary to determine if there is a potential for significant environmental 
30.16 	effects under chapter 116D and rules adopted under it. The board commissioner or state 
30.17 	agency shall give public notice of the request in the first available issue of the EQB
30.18 	Environmental Quality Monitor and shall provide an opportunity for public comment on 
30.19 	the environmental review process consistent with chapter 116D and rules adopted under it. 
30.20 	The board commissioner or state agency may grant the exemption if the board commissioner
30.21 	or state agency finds that the federal authorization issued is adequate to meet the requirements 
30.22 	of chapter 116D and rules adopted under it and any other requirement of the board's
30.23 	commissioner's or state agency's authority regarding the release of genetically engineered 
30.24 	organisms. The board commissioner or state agency must grant or deny the exemption 
30.25 	within 45 days after the receipt of the written request and the information required by the 
30.26 	board commissioner or state agency.
30.27 	(d) This subdivision does not apply to genetically engineered organisms for which an 
30.28 	environmental impact statement is required under sections 116C.91 to 116C.96.

30.29 	Sec. 28. Minnesota Statutes 2016, section 116C.99, subdivision 2, is amended to read:
30.30 		Subd. 2.Standards and criteria. (a) By October 1, 2013, The commissioner of natural 
30.31 	resources may maintain and update model standards and criteria developed by the 
30.32 	Environmental Quality Board, in consultation with local units of government, shall develop 
30.33 	model standards and criteria for mining, processing, and transporting silica sand. These 
30.34 	standards and criteria may be used by local units of government in developing local 
31.1 	ordinances. The standards and criteria shall be different for different geographic areas of 
31.2 	the state. The unique karst conditions and landforms of southeastern Minnesota shall be 
31.3 	considered unique when compared with the flat scoured river terraces and uniform hydrology 
31.4 	of the Minnesota Valley. The standards and criteria developed shall reflect those differences 
31.5 	in varying regions of the state. The standards and criteria must include:
31.6 	(1) recommendations for setbacks or buffers for mining operation and processing, 
31.7 	including:
31.8 	(i) any residence or residential zoning district boundary;
31.9 	(ii) any property line or right-of-way line of any existing or proposed street or highway;
31.10 	(iii) ordinary high-water levels of public waters;
31.11 	(iv) bluffs;
31.12 	(v) designated trout streams, Class 2A water as designated in the rules of the Pollution 
31.13 	Control Agency, or any perennially flowing tributary of a designated trout stream or Class 
31.14 	2A water;
31.15 	(vi) calcareous fens;
31.16 	(vii) wellhead protection areas as defined in section 103I.005;
31.17 	(viii) critical natural habitat acquired by the commissioner of natural resources under 
31.18 	section 84.944; and
31.19 	(ix) a natural resource easement paid wholly or in part by public funds;
31.20 	(2) standards for hours of operation;
31.21 	(3) groundwater and surface water quality and quantity monitoring and mitigation plan 
31.22 	requirements, including:
31.23 	(i) applicable groundwater and surface water appropriation permit requirements;
31.24 	(ii) well-sealing requirements;
31.25 	(iii) annual submission of monitoring well data; and
31.26 	(iv) storm water runoff rate limits not to exceed two-, ten-, and 100-year storm events;
31.27 	(4) air monitoring and data submission requirements;
31.28 	(5) dust control requirements;
31.29 	(6) noise testing and mitigation plan requirements;
32.1 	(7) blast monitoring plan requirements;
32.2 	(8) lighting requirements;
32.3 	(9) inspection requirements;
32.4 	(10) containment requirements for silica sand in temporary storage to protect air and 
32.5 	water quality;
32.6 	(11) containment requirements for chemicals used in processing;
32.7 	(12) financial assurance requirements;
32.8 	(13) road and bridge impacts and requirements; and
32.9 	(14) reclamation plan requirements as required under the rules adopted by the 
32.10 	commissioner of natural resources.

32.11 	Sec. 29. Minnesota Statutes 2016, section 116C.99, subdivision 3, is amended to read:
32.12 		Subd. 3.Silica sand technical assistance team. By October 1, 2013, the Environmental 
32.13 	Quality Board The commissioner of natural resources shall assemble a silica sand technical 
32.14 	assistance team to provide local units of government, at their request, with assistance with 
32.15 	ordinance development, zoning, environmental review and permitting, monitoring, or other 
32.16 	issues arising from silica sand mining and processing operations. The technical assistance 
32.17 	team may be chosen from representatives of the following entities: the Department of Natural 
32.18 	Resources, the Pollution Control Agency, the Board of Water and Soil Resources, the 
32.19 	Department of Health, the Department of Transportation, the University of Minnesota, the 
32.20 	Minnesota State Colleges and Universities, and federal agencies. A majority of the members 
32.21 	must be from a state agency and all members must have expertise in one or more of the 
32.22 	following areas: silica sand mining, hydrology, air quality, water quality, land use, or other 
32.23 	areas related to silica sand mining.

32.24 	Sec. 30. Minnesota Statutes 2016, section 116C.991, is amended to read:
32.25 	116C.991 ENVIRONMENTAL REVIEW; SILICA SAND PROJECTS.
32.26 	(a) Until a final rule is adopted pursuant to Laws 2013, chapter 114, article 4, section 
32.27 	105, paragraph (d), an environmental assessment worksheet must be prepared for any silica 
32.28 	sand project that meets or exceeds the following thresholds, unless the project meets or 
32.29 	exceeds the thresholds for an environmental impact statement under rules of the 
32.30 	Environmental Quality Board adopted under section 116D.04, and an environmental impact 
32.31 	statement must be prepared:
33.1 	(1) excavates 20 or more acres of land to a mean depth of ten feet or more during its 
33.2 	existence. The local government is the responsible governmental unit; or
33.3 	(2) is designed to store or is capable of storing more than 7,500 tons of silica sand or 
33.4 	has an annual throughput of more than 200,000 tons of silica sand and is not required to 
33.5 	receive a permit from the Pollution Control Agency. The Pollution Control Agency is the 
33.6 	responsible governmental unit.
33.7 	(b) In addition to the contents required under statute and rule, an environmental 
33.8 	assessment worksheet completed according to this section must include:
33.9 	(1) a hydrogeologic investigation assessing potential groundwater and surface water 
33.10 	effects and geologic conditions that could create an increased risk of potentially significant 
33.11 	effects on groundwater and surface water;
33.12 	(2) for a project with the potential to require a groundwater appropriation permit from 
33.13 	the commissioner of natural resources, an assessment of the water resources available for 
33.14 	appropriation;
33.15 	(3) an air quality impact assessment that includes an assessment of the potential effects 
33.16 	from airborne particulates and dust;
33.17 	(4) a traffic impact analysis, including documentation of existing transportation systems, 
33.18 	analysis of the potential effects of the project on transportation, and mitigation measures to 
33.19 	eliminate or minimize adverse impacts;
33.20 	(5) an assessment of compatibility of the project with other existing uses; and
33.21 	(6) mitigation measures that could eliminate or minimize any adverse environmental 
33.22 	effects for the project.

33.23 	Sec. 31. Minnesota Statutes 2016, section 116C.992, is amended to read:
33.24 	116C.992 TECHNICAL ASSISTANCE, ORDINANCE, AND PERMIT LIBRARY.
33.25 	By October 1, 2013, the Environmental Quality Board, in consultation with local units 
33.26 	of government, shall create and The commissioner of natural resources must maintain a 
33.27 	library on local government ordinances and local government permits that have been 
33.28 	approved for regulation of silica sand projects for reference by local governments.

33.29 	Sec. 32. Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:
33.30 		Subd. 2a.When prepared. (a) Where there is potential for significant environmental 
33.31 	effects resulting from any major governmental action, the action shall be preceded by a 
34.1 	detailed environmental impact statement prepared by the responsible governmental unit. 
34.2 	The environmental impact statement shall be an analytical rather than an encyclopedic 
34.3 	document which describes the proposed action in detail, analyzes its significant environmental 
34.4 	impacts, discusses appropriate alternatives to the proposed action and their impacts, and 
34.5 	explores methods by which adverse environmental impacts of an action could be mitigated. 
34.6 	The environmental impact statement shall also analyze those economic, employment, and 
34.7 	sociological effects that cannot be avoided should the action be implemented. To ensure its 
34.8 	use in the decision-making process, the environmental impact statement shall be prepared 
34.9 	as early as practical in the formulation of an action.
34.10 	(a) (b) The board commissioner of the Pollution Control Agency shall by rule establish 
34.11 	categories of actions for which environmental impact statements and for which environmental 
34.12 	assessment worksheets shall be prepared as well as categories of actions for which no 
34.13 	environmental review is required under this section. A mandatory environmental assessment 
34.14 	worksheet shall is not be required for the expansion of an ethanol plant, as defined in section 
34.15 	41A.09, subdivision 2a, paragraph (b), or the conversion of an ethanol plant to a biobutanol 
34.16 	facility or the expansion of a biobutanol facility as defined in section 41A.15, subdivision 
34.17 	2d, based on the capacity of the expanded or converted facility to produce alcohol fuel, but 
34.18 	must be required if the ethanol plant or biobutanol facility meets or exceeds thresholds of 
34.19 	other categories of actions for which environmental assessment worksheets must be prepared. 
34.20 	The responsible governmental unit for an ethanol plant or biobutanol facility project for 
34.21 	which an environmental assessment worksheet is prepared shall be is the state agency with 
34.22 	the greatest responsibility for supervising or approving the project as a whole.
34.23 	(c) A mandatory environmental impact statement shall is not be required for a facility 
34.24 	or plant located outside the seven-county metropolitan area that produces less than 
34.25 	125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less 
34.26 	than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as 
34.27 	defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined 
34.28 	in section 41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that 
34.29 	only uses a cellulosic feedstock to produce chemical products for use by another facility as 
34.30 	a feedstock shall is not be considered a fuel conversion facility as used in rules adopted 
34.31 	under this chapter.
34.32 	(b) (d) The responsible governmental unit shall promptly publish notice of the completion 
34.33 	of an environmental assessment worksheet by publishing the notice in at least one newspaper 
34.34 	of general circulation in the geographic area where the project is proposed, by posting the 
34.35 	notice on a Web site that has been designated as the official publication site for publication 
35.1 	of proceedings, public notices, and summaries of a political subdivision in which the project 
35.2 	is proposed, or in any other manner determined by the board commissioner and shall provide 
35.3 	copies of the environmental assessment worksheet to the board and its member agencies
35.4 	commissioner. Comments on the need for an environmental impact statement may be 
35.5 	submitted to the responsible governmental unit during a 30-day period following publication 
35.6 	of the notice that an environmental assessment worksheet has been completed. The 
35.7 	responsible governmental unit's decision on the need for an environmental impact statement 
35.8 	shall be based on the environmental assessment worksheet and the comments received 
35.9 	during the comment period, and shall be made within 15 days after the close of the comment 
35.10 	period. The board's chair commissioner may extend the 15-day period by not more than 15 
35.11 	additional days upon the request of the responsible governmental unit.
35.12 	(c) (e) An environmental assessment worksheet shall also be prepared for a proposed 
35.13 	action whenever material evidence accompanying a petition by not less than 100 individuals 
35.14 	who reside or own property in the state, submitted before the proposed project has received 
35.15 	final approval by the appropriate governmental units, demonstrates that, because of the 
35.16 	nature or location of a proposed action, there may be potential for significant environmental 
35.17 	effects. Petitions requesting the preparation of an environmental assessment worksheet shall 
35.18 	be submitted to the board commissioner. The chair of the board commissioner shall determine 
35.19 	the appropriate responsible governmental unit and forward the petition to it. A decision on 
35.20 	the need for an environmental assessment worksheet shall be made by the responsible 
35.21 	governmental unit within 15 days after the petition is received by the responsible 
35.22 	governmental unit. The board's chair commissioner may extend the 15-day period by not 
35.23 	more than 15 additional days upon request of the responsible governmental unit.
35.24 	(d) (f) Except in an environmentally sensitive location where Minnesota Rules, part 
35.25 	4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 
35.26 	review under this chapter and rules of the board adopted under this chapter, if:
35.27 	(1) the proposed action is:
35.28 	(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
35.29 	(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity 
35.30 	of less than 1,000 animal units;
35.31 	(2) the application for the animal feedlot facility includes a written commitment by the 
35.32 	proposer to design, construct, and operate the facility in full compliance with Pollution 
35.33 	Control Agency feedlot rules; and
36.1 	(3) the county board holds a public meeting for citizen input at least ten business days 
36.2 	prior to before the Pollution Control Agency or county issuing a feedlot permit for the 
36.3 	animal feedlot facility unless another public meeting for citizen input has been held with 
36.4 	regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition 
36.5 	to other exemptions provided under other law and rules of the board adopted under this 
36.6 	chapter.
36.7 	(e) (g) The board commissioner may, prior to before final approval of a proposed project, 
36.8 	require preparation of an environmental assessment worksheet by a responsible governmental 
36.9 	unit selected by the board commissioner for any action where environmental review under 
36.10 	this section has not been specifically provided for by rule or otherwise initiated.
36.11 	(f) (h) An early and open process shall be utilized to limit the scope of the environmental 
36.12 	impact statement to a discussion of those impacts, which that, because of the nature or 
36.13 	location of the project, have the potential for significant environmental effects. The same 
36.14 	process shall be utilized to determine the form, content, and level of detail of the statement 
36.15 	as well as the alternatives which that are appropriate for consideration in the statement. In 
36.16 	addition, the permits which that will be required for the proposed action shall be identified 
36.17 	during the scoping process. Further, the process shall identify those permits for which 
36.18 	information will be developed concurrently with the environmental impact statement. The 
36.19 	board commissioner shall provide in its rules adopted under this chapter for the expeditious 
36.20 	completion of the scoping process. The determinations reached in the process shall be 
36.21 	incorporated into the order requiring the preparation of an environmental impact statement.
36.22 	(g) (i) The responsible governmental unit shall, to the extent practicable, avoid duplication 
36.23 	and ensure coordination between state and federal environmental review and between 
36.24 	environmental review and environmental permitting. Whenever practical, information 
36.25 	needed by a governmental unit for making final decisions on permits or other actions required 
36.26 	for a proposed project shall be developed in conjunction with the preparation of an 
36.27 	environmental impact statement. When an environmental impact statement is prepared for 
36.28 	a project requiring multiple permits for which two or more agencies' decision processes 
36.29 	include either mandatory or discretionary hearings before a hearing officer prior to before
36.30 	the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to 
36.31 	the contrary, conduct the hearings in a single consolidated hearing process if requested by 
36.32 	the proposer. All agencies having jurisdiction over a permit that is included in the 
36.33 	consolidated hearing shall participate. The responsible governmental unit shall establish 
36.34 	appropriate procedures for the consolidated hearing process, including procedures to ensure 
36.35 	that the consolidated hearing process is consistent with the applicable requirements for each 
37.1 	permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest 
37.2 	applicable hearing procedure to initiate the hearing.
37.3 	(h) (j) An environmental impact statement shall be prepared and its adequacy determined 
37.4 	within 280 days after notice of its preparation unless the time is extended by consent of the 
37.5 	parties or by the governor for good cause. The responsible governmental unit shall determine 
37.6 	the adequacy of an environmental impact statement, unless within 60 days after notice is 
37.7 	published that an environmental impact statement will be prepared, the board commissioner
37.8 	chooses to determine the adequacy of an environmental impact statement. If an environmental 
37.9 	impact statement is found to be inadequate, the responsible governmental unit shall have 
37.10 	60 days to prepare an adequate environmental impact statement.
37.11 	(i) (k) The proposer of a specific action may include in the information submitted to the 
37.12 	responsible governmental unit a preliminary draft environmental impact statement under 
37.13 	this section on that action for review, modification, and determination of completeness and 
37.14 	adequacy by the responsible governmental unit. A preliminary draft environmental impact 
37.15 	statement prepared by the project proposer and submitted to the responsible governmental 
37.16 	unit shall identify or include as an appendix all studies and other sources of information 
37.17 	used to substantiate the analysis contained in the preliminary draft environmental impact 
37.18 	statement. The responsible governmental unit shall require additional studies, if needed, 
37.19 	and obtain from the project proposer all additional studies and information necessary for 
37.20 	the responsible governmental unit to perform its responsibility to review, modify, and 
37.21 	determine the completeness and adequacy of the environmental impact statement.

37.22 	Sec. 33. Minnesota Statutes 2016, section 116D.04, subdivision 5b, is amended to read:
37.23 		Subd. 5b.Review of environmental assessment worksheets and environmental 
37.24 	impact statements. By December 1, 2012, and every five years thereafter, the Environmental 
37.25 	Quality Board, Pollution Control Agency, Department of Natural Resources, and Department 
37.26 	of Transportation, after consultation with political subdivisions, shall submit to the governor 
37.27 	and the chairs of the house of representatives and senate committees having jurisdiction 
37.28 	over environment and natural resources a list of mandatory environmental assessment 
37.29 	worksheet and mandatory environmental impact statement categories for which the agency 
37.30 	or a political subdivision is designated as the responsible government unit, and for each 
37.31 	worksheet or statement category, a document including:
37.32 	(1) intended historical purposes of the category;
37.33 	(2) whether projects that fall within the category are also subject to local, state, or federal 
37.34 	permits; and
38.1 	(3) an analysis of whether the mandatory category should be modified, eliminated, or 
38.2 	unchanged based on its relationship to existing permits or other federal, state, or local laws 
38.3 	or ordinances.

38.4 	Sec. 34. Minnesota Statutes 2016, section 116D.04, subdivision 13, is amended to read:
38.5 		Subd. 13.Enforcement. This section may be enforced by injunction, action to compel 
38.6 	performance, or other appropriate action in the district court of the county where the violation 
38.7 	takes place. Upon the request of the board or the chair of the board commissioner of the 
38.8 	Pollution Control Agency, the attorney general may bring an action under this subdivision.

38.9 	Sec. 35. Minnesota Statutes 2016, section 116D.04, subdivision 14, is amended to read:
38.10 		Subd. 14.Customized environmental assessment worksheet forms; electronic 
38.11 	submission. (a) The commissioners of natural resources and the Pollution Control Agency 
38.12 	and the board shall periodically review mandatory environmental assessment worksheet 
38.13 	categories under rules adopted under this section, and other project types that are frequently 
38.14 	subject to environmental review, and develop customized environmental assessment 
38.15 	worksheet forms for the category or project type. The forms must include specific questions 
38.16 	that focus on key environmental issues for the category or project type. In assessing categories 
38.17 	and project types and developing forms, the board commissioners shall seek the input of 
38.18 	governmental units that are frequently responsible for the preparation of a worksheet for 
38.19 	the particular category or project type. The commissioners and the board shall also seek 
38.20 	input from the general public on the development of customized forms. The commissioners 
38.21 	and board shall make the customized forms available online.
38.22 	(b) The commissioners of natural resources and the Pollution Control Agency shall allow 
38.23 	for the electronic submission of environmental assessment worksheets and permits.

38.24 	Sec. 36. Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:
38.25 		Subdivision 1.Assessment. The board shall commissioner must by rule adopt procedures 
38.26 	to assess the proposer of a specific action for reasonable costs of preparing, reviewing, and 
38.27 	distributing the environmental impact statement. The costs shall must be determined by the 
38.28 	responsible governmental unit pursuant according to the rules promulgated by the board
38.29 	adopted under this chapter.

39.1 	Sec. 37. Minnesota Statutes 2016, section 116F.06, subdivision 2, is amended to read:
39.2 		Subd. 2.Agency review; sale prohibition. The agency shall review new or revised 
39.3 	packages or containers except when such changes involve only color, size, shape or printing. 
39.4 	The agency shall review innovations including, but not limited to, changes in constituent 
39.5 	materials or combinations thereof and changes in closures. When the agency determines 
39.6 	that any new or revised package or container would constitute a solid waste disposal problem 
39.7 	or be inconsistent with state environmental policies, the manufacturer of the product may 
39.8 	withdraw it from further consideration until such time as the manufacturer may resubmit 
39.9 	such product to the agency, or, the agency may, by order made after notice and hearing as 
39.10 	provided in chapter 14, and following an additional period not to exceed 30 days during 
39.11 	which the Environmental Quality Board may review the proposed action, prohibit the sale 
39.12 	of the package or container in the state. Any such prohibition shall continue in effect until 
39.13 	revoked by the agency or until the last legislative day of the next following legislative 
39.14 	session, whichever occurs first, unless extended by law. This subdivision shall not apply to 
39.15 	any package or container sold at retail in this state prior to September 7, 1979.

39.16 	Sec. 38. Minnesota Statutes 2016, section 216B.243, subdivision 7, is amended to read:
39.17 		Subd. 7.Participation by other agency or political subdivision. (a) Other state agencies 
39.18 	authorized to issue permits for siting, construction or operation of large energy facilities, 
39.19 	and those state agencies authorized to participate in matters before the commission involving 
39.20 	utility rates and adequacy of utility services, shall present their position regarding need and 
39.21 	participate in the public hearing process prior to the issuance or denial of a certificate of 
39.22 	need. Issuance or denial of certificates of need shall be the sole and exclusive prerogative 
39.23 	of the commission and these determinations and certificates shall be binding upon other 
39.24 	state departments and agencies, regional, county, and local governments and special purpose 
39.25 	government districts except as provided in sections 116C.01 to 116C.08 and section116D.04, 
39.26 	subdivision 9.
39.27 	(b) An applicant for a certificate of need shall notify the commissioner of agriculture if 
39.28 	the proposed project will impact cultivated agricultural land, as that term is defined in section 
39.29 	216G.01, subdivision 4. The commissioner may participate in any proceeding on the 
39.30 	application and advise the commission as to whether to grant the certificate of need, and 
39.31 	the best options for mitigating adverse impacts to agricultural lands if the certificate is 
39.32 	granted. The Department of Agriculture shall be the lead agency on the development of any 
39.33 	agricultural mitigation plan required for the project.

40.1 	Sec. 39. Minnesota Statutes 2016, section 216C.18, subdivision 2, is amended to read:
40.2 		Subd. 2.Draft report; public meeting. Prior to the preparation of Before preparing a 
40.3 	final report, the commissioner shall issue a draft report to the Environmental Quality Board 
40.4 	and any person, upon request, and shall hold a public meeting. Notice of the public meeting 
40.5 	shall be provided to each regional development commission.

40.6 	Sec. 40. TRANSFER OF AUTHORITY.
 40.7 	The responsibilities of the Environmental Quality Board under Minnesota Statutes, 
40.8 	chapter 116D, are transferred to the Pollution Control Agency as provided in Minnesota 
40.9 	Statutes, section 15.039.

40.10 	Sec. 41. REVISOR'S INSTRUCTION.
 40.11 	(a) The revisor of statutes shall change the term "Environmental Quality Board" or 
40.12 	"board" when referring thereto to "commissioner of the Pollution Control Agency" or 
40.13 	"commissioner" wherever it appears in Minnesota Statutes, sections 116D.04, subdivisions 
40.14 	2b, 4a, 7, 8, 9, 10, 11, 15, and 16; 116D.045, subdivision 2; and 116D.11, subdivisions 2 
40.15 	and 3.
40.16 	(b) The revisor of statutes shall change the term "Environmental Quality Board Monitor" 
40.17 	or "EQB Monitor" to "Environmental Quality Monitor" wherever it appears in Minnesota 
40.18 	Statutes or Minnesota Rules.
40.19 	(c) The revisor of statutes shall change the term "Environmental Quality Board" or 
40.20 	"board" when referring thereto to "commissioner of natural resources" or "commissioner" 
40.21 	wherever it appears in Minnesota Statutes, sections 116G.01 to 116G.14 and 116G.151.
40.22 	(d) The revisor of statutes shall change the term "Environmental Quality Board" or 
40.23 	"board" when referring thereto to "commissioner of agriculture" or "commissioner" wherever 
40.24 	it appears in Minnesota Statutes, sections 40A.122 and 473H.15.

40.25 	Sec. 42.  REPEALER.
 40.26 	Minnesota Statutes 2016, sections 103A.403; 103A.43; 103F.614; 116C.02; 116C.03, 
40.27 	subdivisions 1, 2, 2a, 3a, 4, 5, and 6; 116C.04, subdivisions 1, 2, 3, 4, 7, 10, and 11; 116C.06; 
40.28 	116C.08; 116C.71, subdivisions 1c and 2a; 116C.721; 116C.722; 116C.724, subdivisions 
40.29 	2 and 3; 116C.91, subdivision 2; and 116G.03, subdivision 2, are repealed.

APPENDIX 

Repealed Minnesota Statutes: 17-2537 

103A.403 STATEWIDE NITRATE DATA.
The Environmental Quality Board shall ensure that all available data regarding the presence of nitrates in groundwater in the state that meet state standards recommended under Laws 1992, chapter 544, section 13, are integrated into the Minnesota Geospatial Information Office's statewide nitrate database according to published data compatibility guidelines. Costs of integrating the data in accordance with data compatibility standards must be borne by the agency generating the data or, if the data are not generated by an entity that receives or received state appropriations for monitoring or information management, by the Environmental Quality Board. 

103A.43 WATER ASSESSMENTS AND REPORTS.
(a) The Environmental Quality Board shall consolidate the assessments required in paragraphs (b) and (c) with the policy report in section 103A.204 and submit a single report to the house of representatives and senate committees with jurisdiction over the environment, natural resources, and agriculture and the Legislative-Citizen Commission on Minnesota Resources by September 15, 2010, and every five years thereafter. 

(b) The Pollution Control Agency and the Department of Agriculture shall provide an assessment and analysis of water quality, groundwater degradation trends, and efforts to reduce, prevent, minimize, and eliminate degradation of water. The assessment and analysis must include an analysis of relevant monitoring data. 

(c) The Department of Natural Resources shall provide an assessment and analysis of the quantity of surface and ground water in the state and the availability of water to meet the state's needs. 

103F.614 EMINENT DOMAIN ACTIONS.Subdivision 1.Applicability. 
An agency of the state, a public benefit corporation, a local government, or any other entity with the power of eminent domain under chapter 117, except a public utility as defined in section 216B.02, a municipal electric or gas utility, a municipal power agency, a cooperative electric association organized under chapter 308A, or a pipeline operating under the authority of the Natural Gas Act, United States Code, title 15, sections 717 to 717z, shall follow the procedures in this section before: 

(1) acquiring land or an easement in land with a total area over ten acres within a wetland preservation area; or 

(2) advancing a grant, loan, interest subsidy, or other funds for the construction of dwellings, commercial or industrial facilities, or water or sewer facilities that could be used to serve structures in areas that are not for agricultural use, that require an acquisition of land or an easement in a wetland preservation area. 

Subd. 2.Notice of intent. 
At least 60 days before an action described in subdivision 1, notice of intent must be filed with the Environmental Quality Board containing information and in the manner and form required by the Environmental Quality Board. The notice of intent must contain a report justifying the proposed action, including an evaluation of alternatives that would not affect land within a wetland preservation area. 

Subd. 3.Review and order. 
The Environmental Quality Board, in consultation with affected local governments, shall review the proposed action to determine its effect on the preservation and enhancement of wetlands and the relationship to local and regional comprehensive plans. If the Environmental Quality Board finds that the proposed action might have an unreasonable effect on a wetland preservation area, the Environmental Quality Board shall issue an order within the 60-day period under subdivision 2 for the party to refrain from the proposed action for an additional 60 days. 

Subd. 4.Public hearing. 
During the additional 60 days, the Environmental Quality Board shall hold a public hearing concerning the proposed action at a place within the affected wetland preservation area or easily accessible to the wetland preservation area. Notice of the hearing must be published in a newspaper having a general circulation within the area. Individual written notice must be given to the local governments with jurisdiction over the wetland preservation area, the agency, corporation or government proposing to take the action, the owner of land in the wetland preservation area, and any public agency having the power of review or approval of the action. 

Subd. 5.Joint review. 
The review process required in this section may be conducted jointly with any other environmental impact review by the Environmental Quality Board. 

Subd. 6.Suspension. 
The Environmental Quality Board may suspend an eminent domain action for up to one year if it determines that the action is contrary to wetland preservation and that there are feasible and prudent alternatives that may have a less negative impact on the wetland preservation area. 

Subd. 7.Wetland preservation area terminates. 
The benefits and limitations of a wetland preservation area, including the restrictive covenant for the portion of the wetland preservation area taken, end on the date title and possession of the property is obtained. 

Subd. 8.Action by attorney general. 
The Environmental Quality Board may request the attorney general to bring an action to enjoin an agency, corporation, or government from violating this section. 

Subd. 9.Exception. 
This section does not apply to an emergency project that is immediately necessary for the protection of life and property. 

116C.02 DEFINITIONS.Subdivision 1.Applicability. 
For the purposes of sections 116C.01 to 116C.08, the following terms have the meaning given them. 

Subd. 2.Board. 
"Board" means the Minnesota Environmental Quality Board. 

116C.03 CREATION OF ENVIRONMENTAL QUALITY BOARD; MEMBERSHIP; CHAIR; STAFF.Subdivision 1.Creation. 
An environmental quality board, designated as the Minnesota Environmental Quality Board, is hereby created. 

Subd. 2.Membership. 
The members of the board are the commissioner of administration, the commissioner of commerce, the commissioner of the Pollution Control Agency, the commissioner of natural resources, the commissioner of agriculture, the commissioner of health, the commissioner of employment and economic development, the commissioner of transportation, the chair of the Board of Water and Soil Resources, and a representative of the governor's office designated by the governor. The governor shall appoint five members from the general public to the board, subject to the advice and consent of the senate. At least two of the five public members must have knowledge of and be conversant in water management issues in the state. Notwithstanding the provisions of section 15.06, subdivision 6, members of the board may not delegate their powers and responsibilities as board members to any other person. 

Subd. 2a.Public members. 
The membership terms, compensation, removal, and filling of vacancies of public members of the board shall be as provided in section 15.0575. 

Subd. 3a.Chair. 
The representative of the governor's office shall serve as chair of the board. 

Subd. 4.Support. 
Staff and consultant support for board activities shall be provided by the Pollution Control Agency. This support shall be provided based upon an annual budget and work program developed by the board and certified to the commissioner by the chair of the board. The board shall have the authority to request and require staff support from all other agencies of state government as needed for the execution of the responsibilities of the board. 

Subd. 5.Administration. 
The board shall contract with the Pollution Control Agency for administrative services necessary to the board's activities. The services shall include personnel, budget, payroll and contract administration. 

Subd. 6.Annual budget and work program. 
The board shall adopt an annual budget and work program. 

116C.04 POWERS AND DUTIES.Subdivision 1.Scope; votes. 
The powers and duties of the Minnesota Environmental Quality Board shall be as provided in this section and as otherwise provided by law or executive order. Actions of the board shall be taken only at an open meeting upon a majority vote of all the permanent members of the board. 

Subd. 2.Jurisdiction. 
(a) The board shall determine which environmental problems of interdepartmental concern to state government shall be considered by the board. The board shall initiate interdepartmental investigations into those matters that it determines are in need of study. Topics for investigation may include but need not be limited to future population and settlement patterns, air and water resources and quality, solid waste management, transportation and utility corridors, economically productive open space, energy policy and need, growth and development, and land use planning. 

(b) The board shall review programs of state agencies that significantly affect the environment and coordinate those it determines are interdepartmental in nature, and insure agency compliance with state environmental policy. 

(c) The board may review environmental rules and criteria for granting and denying permits by state agencies and may resolve conflicts involving state agencies with regard to programs, rules, permits and procedures significantly affecting the environment, provided that such resolution of conflicts is consistent with state environmental policy. 

(d) State agencies shall submit to the board all proposed legislation of major significance relating to the environment and the board shall submit a report to the governor and the legislature with comments on such major environmental proposals of state agencies. 

Subd. 3.Cooperation. 
The board shall cooperate with regional development commissions in appropriate matters of environmental concern. 

Subd. 4.Task forces. 
The board may establish interdepartmental or citizen task forces or subcommittees to study particular problems. 

Subd. 7.Annual congress. 
At its discretion, the board shall convene an annual Environmental Quality Board congress including, but not limited to, representatives of state, federal and regional agencies, citizen organizations, associations, industries, colleges and universities, and private enterprises who are active in or have a major impact on environmental quality. The purpose of the congress shall be to receive reports and exchange information on progress and activities related to environmental improvement. 

Subd. 10.Stipulation agreements. 
The board may enter into and enforce stipulation agreements made to enforce statutes and rules administered by the board. 

Subd. 11.Coordination. 
The Environmental Quality Board shall coordinate the implementation of an interagency compliance with existing state and federal lead regulations and report to the legislature by January 31, 1992, on the changes in programs needed to comply. 

116C.06 HEARINGS.Subdivision 1.Process. 
The board shall hold public hearings on matters that it determines to be of major environmental impact. The board shall prescribe by rule in conformity to the provisions of chapter 14, the procedures for the conduct of all hearings and review procedures. 

Subd. 2.Delegation to hearings officer. 
The board may delegate its authority to conduct a hearing to a hearings officer. The hearings officer shall have the same power as the board to compel the attendance of witnesses to examine them under oath, to require the production of books, papers, and other evidence, and to issue subpoenas and cause the same to be served and executed in any part of the state. The hearings officer shall be knowledgeable in matters of law and the environment. 

If a hearings officer conducts a hearing, the officer shall make findings of fact and submit them to the board. The transcript of testimony and exhibits shall constitute the exclusive record upon which such findings are made. The findings shall be available for public inspection. 

Subd. 3.Recommendations. 
After receipt of the findings of fact of the hearings officer, the board shall make recommendations to the governor and legislature as to administrative and legislative actions to be considered in regard to the matter. 

116C.08 FEDERAL FUNDS; DONATIONS.
The board may apply for, receive, and disburse federal funds made available to the state by federal law or rules promulgated thereunder for any purpose related to the powers and duties of the board. The board shall comply with any and all requirements of such federal law or such rules and regulations promulgated thereunder in order to apply for, receive, and disburse such funds. The board is authorized to accept any donations or grants from any public or private concern. All such moneys received by the board shall be deposited in the state treasury and are hereby appropriated to it for the purpose for which they are received. None of such moneys in the state treasury shall cancel. 

116C.71 DEFINITIONS.Subd. 1c.Board. 
"Board" means the Minnesota Environmental Quality Board. 

Subd. 2a.Chair. 
"Chair" means the chair of the board. 

116C.721 PUBLIC PARTICIPATION.Subdivision 1.Information meetings. 
The board shall conduct public information meetings within an area designated in a draft area recommendation report, final area recommendation report, draft area characterization plan, or final area characterization plan. Information meetings shall be held within 30 days after the board receives each of the reports. 

Subd. 2.Notice. 
The board shall notify the public of information meetings and the availability of the area recommendation reports and the area characterization plans. Copies of the reports shall be made available for public review and distribution at the board office, the Minnesota Geological Survey office, regional development commission offices in regions that include a part of the potentially impacted areas, county courthouses in counties that include a part of a potentially impacted area, and other appropriate places determined by the board to provide public accessibility. 

Subd. 3.Transmittal of public concerns. 
The board shall transmit public concerns expressed at public information meetings to the department of energy. 

116C.722 LEGAL AND TECHNICAL ASSISTANCE TO INDIAN TRIBES.
If an Indian tribal council that has jurisdiction over part of a potentially impacted area within the state requests legal or technical assistance, the board shall provide assistance. 

116C.724 FIELD INVESTIGATIONS, TESTS, AND STUDIES.Subd. 2.Drilling. 
A permit shall be obtained from the Environmental Quality Board, in accordance with chapter 14, for any geologic and hydrologic drilling related to disposal. Conditions of obtaining and retaining the permit must be specified by rule and must include: 

(1) compliance with state drilling and drill hole restoration rules as an exploratory boring under chapter 103I; 

(2) proof that access to the test site has been obtained by a negotiated agreement or other legal process; 

(3) payment by the permittee of a fee covering the costs of processing and monitoring drilling activities; 

(4) unrestricted access by the commissioner of health, the commissioner of natural resources, the commissioner of the Pollution Control Agency, the director of the Minnesota Geological Survey, the agent of a community health board as authorized under section 145A.04, and their employees and agents to the drilling sites to inspect and monitor the drill holes, drilling operations, and abandoned sites, and to sample air and water that may be affected by drilling; 

(5) submission of splits or portions of a core sample, requested by the commissioner of natural resources or director of the Minnesota Geological Survey, except that the commissioner or director may accept certified data on the sample in lieu of a sample if certain samples are required in their entirety by the permittee; and 

(6) that a sample submitted may become property of the state. 

Subd. 3.Other requirements. 
(a) A person who conducts geologic, hydrologic, or geophysical testing or studies shall provide unrestricted access to both raw and interpretive data to the chair and the director of the Minnesota Geological Survey or their designated representatives. The raw and interpretive data includes core samples, well logs, water samples and chemical analyses, survey charts and graphs, and predecisional reports. Studies and data shall be made available within 30 days of a formal request by the chair. 

(b) A person proposing to investigate shall hold at least one public meeting before a required permit is issued, and during the investigation at least once every three months, during the investigation within the potentially impacted area. The meetings shall provide the public with current information on the progress of the investigation. The person investigating shall respond in writing to the Environmental Quality Board about concerns and issues raised at the public meetings. 

(c) Before a person engages in negotiations regarding property interests in land or water, or permitting activities, the person shall notify the chair in writing. Copies of terms and agreements shall also be provided to the chair. 

116C.91 DEFINITIONS.Subd. 2.Board. 
"Board" means the Environmental Quality Board. 

116G.03 DEFINITIONS.Subd. 2.Board. 
"Board" means the Minnesota Environmental Quality Board.