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Minnesota Legislature

Office of the Revisor of Statutes

HF 1291

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/09/2017 10:53am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to environment; modifying permitting requirements; providing expedited
environmental-review billing options; modifying reclamation appeal provisions;
eliminating Environmental Quality Board and reassigning duties; modifying
rulemaking requirements; amending Minnesota Statutes 2016, sections 3.886,
subdivision 4; 13.7411, subdivision 9; 18B.045; 18E.06; 84.027, subdivisions 14a,
14b, by adding subdivisions; 93.50; 103A.204; 103B.101, subdivision 9; 103B.151;
103B.315, subdivision 5; 103H.151, subdivision 4; 103H.175, subdivision 3;
115A.32; 115A.33; 115A.34; 115A.35; 115A.36; 115A.37; 115A.38, subdivisions
1, 3; 115A.39; 115B.20, subdivision 6; 116.03, subdivision 2b, by adding a
subdivision; 116.07, subdivision 4d, by adding subdivisions; 116C.74, subdivision
2; 116C.91, by adding a subdivision; 116C.92; 116C.94; 116C.95; 116C.96;
116C.97; 116C.99, subdivisions 2, 3; 116C.991; 116C.992; 116D.04, subdivisions
2a, 3a, 5b, 10, 13, 14; 116D.045, subdivision 1; 116F.06, subdivision 2; 216B.243,
subdivision 7; 216C.18, subdivision 2; Laws 2015, First Special Session chapter
4, article 4, section 136; repealing Minnesota Statutes 2016, sections 103A.403;
103A.43; 103F.614; 116C.02; 116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, 6; 116C.04,
subdivisions 1, 2, 3, 4, 7, 10, 11; 116C.06; 116C.08; 116C.71, subdivisions 1c,
2a; 116C.721; 116C.722; 116C.724, subdivisions 2, 3; 116C.91, subdivision 2;
116G.03, subdivision 2.

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

ARTICLE 1

ENVIRONMENTAL REFORMS

Section 1.

Minnesota Statutes 2016, section 84.027, subdivision 14a, is amended to read:


Subd. 14a.

Permitting efficiencynew text begin; public noticenew text end.

(a) It is the goal of the state that
environmental and resource management permits be issued or denied within 90 days for
Tier 1 permits or 150 days for Tier 2 permits following submission of a permit application.
The commissioner of natural resources shall establish management systems designed to
achieve the goal.

(b) The commissioner shall prepare an annual permitting efficiency report that includes
statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit
categories. The report is due August 1 each year. For permit applications that have not met
the goal, the report must state the reasons for not meeting the goal. In stating the reasons
for not meeting the goal, the commissioner shall separately identify delays caused by the
responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the
level of public engagement. The report must specify the number of days from initial
submission of the application to the day of determination that the application is complete.
The report must aggregate the data for the year and assess whether program or system
changes are necessary to achieve the goal. The report must be posted on the department's
Web site and submitted to the governor and the chairs and ranking minority members of
the house of representatives and senate committees having jurisdiction over natural resources
policy and finance.

(c) The commissioner shall allow electronic submission of environmental review and
permit documents to the department.

(d) deleted text beginBeginning July 1, 2011,deleted text end Within 30 business days of application for a permit subject
to paragraph (a), the commissioner of natural resources shall notify the deleted text beginproject proposerdeleted text endnew text begin
permit applicant
new text end, in writing, whether the application is complete or incomplete. If the
commissioner determines that an application is incomplete, the notice to the applicant must
enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
and advise the applicant on how the deficiencies can be remedied. If the commissioner
determines that the application is complete, the notice must confirm the application's Tier
1 or Tier 2 permit statusnew text begin and provide the permit applicant with a schedule for issuing the
permit
new text end. This paragraph does not apply to an application for a permit that is subject to a grant
or loan agreement under chapter 446A.

new text begin (e) When public notice of a draft permit is required, the commissioner must issue the
notice with the draft permit within 150 days of receiving a completed permit application
unless the permit applicant and the commissioner mutually agree to a different date. Before
issuing the public notice, the commissioner must provide a copy of the draft permit to the
permit applicant and consider comments on the draft permit from the permit applicant.
new text end

Sec. 2.

Minnesota Statutes 2016, section 84.027, subdivision 14b, is amended to read:


Subd. 14b.

Expediting costs; reimbursement.

Permit applicants deleted text beginwho wish to construct,
reconstruct, modify, or operate a facility
deleted text end needing any permit from the commissioner of
natural resources new text beginto construct, reconstruct, or modify a project or to operate a facility new text endmay
offer to reimburse the department for the new text beginreasonable new text endcosts deleted text beginof staff time or consultant servicesdeleted text end
needed to expedite the new text beginpreapplication process and new text endpermit development processnew text begin through the
final decision on the permit
new text end, including the analysis of environmental review documents.
The reimbursement shall be in addition to permit application fees imposed by law. When
the commissioner determines that additional resources are needed to develop the permit
application in an expedited manner, and that expediting the development is consistent with
permitting program priorities, the commissioner may accept the reimbursement. new text beginThe
commissioner must give the permit applicant an estimate of costs for the expedited service
to be incurred by the commissioner. The estimate must include a brief description of the
tasks to be performed, a schedule for completing the tasks, and the estimated cost for each
task. The proposer and the commissioner shall enter into a written agreement to cover the
estimated costs for the expedited service to be incurred by the commissioner and recourse,
including but not limited to reducing, withholding, or eliminating fees, the permit applicant
may seek if the department fails to comply with the schedule. The agreement must also
include the names of staff assigned to the project and terms requiring the assigned staff to
work preferentially on the project until the permit is issued. The commissioner must not
issue a permit until the applicant has paid all fees in full. The commissioner must refund
any unobligated balance of fees paid.
new text endReimbursements accepted by the commissioner are
appropriated to the commissioner for the purpose of developing the permit or analyzing
environmental review documents. Reimbursement by a permit applicant shall precede and
not be contingent upon issuance of a permit; shall not affect the commissioner's decision
on whether to issue or deny a permit, what conditions are included in a permit, or the
application of state and federal statutes and rules governing permit determinations; and shall
not affect final decisions regarding environmental review.

Sec. 3.

Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
read:


new text begin Subd. 14c. new text end

new text begin Irrevocability, suspensions, or expiration of permits; environmental
review.
new text end

new text begin (a) If, by July 1 of an odd-numbered year, legislation has not been enacted to
appropriate money to the commissioner of natural resources for environmental review and
permitting activities of the Department of Natural Resources:
new text end

new text begin (1) a permit granted by the commissioner may not be terminated or suspended for the
term of the permit nor shall it expire without the consent of the permittee, except for breach
or nonperformance of any condition of the permit by the permittee that is an imminent threat
to impair or destroy the environment or injure the health, safety, or welfare of the citizens
of the state; and
new text end

new text begin (2) environmental review and permit application work on environmental review and
permits filed before July 1 of that year must not be suspended or terminated.
new text end

new text begin (b) Paragraph (a), clause (1), applies until legislation appropriating money to the
commissioner for the environmental review and permitting activities is enacted.
new text end

Sec. 4.

Minnesota Statutes 2016, section 84.027, is amended by adding a subdivision to
read:


new text begin Subd. 14d. new text end

new text begin Unadopted rules. new text end

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

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

Sec. 5.

Minnesota Statutes 2016, section 93.50, is amended to read:


93.50 APPEAL.

Any person aggrieved by any new text beginfinal new text endorder, ruling, or decision of the commissioner may
deleted text begin appealdeleted text endnew text begin seek judicial review ofnew text end such order, ruling, or decision deleted text beginin the manner provided in
chapter 14
deleted text endnew text begin under sections 14.63 to 14.69new text end.

Sec. 6.

Minnesota Statutes 2016, section 116.03, subdivision 2b, is amended to read:


Subd. 2b.

Permitting efficiency.

(a) It is the goal of the state that environmental and
resource management permits be issued or denied within 90 days for Tier 1 permits or 150
days for Tier 2 permits following submission of a permit application. The commissioner of
the Pollution Control Agency shall establish management systems designed to achieve the
goal. For the purposes of this section, "Tier 1 permits" are permits that do not require
individualized actions or public comment periods, and "Tier 2 permits" are permits that
require individualized actions or public comment periods.

(b) The commissioner shall prepare an annual permitting efficiency report that includes
statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier 2 by permit
categories. The report is due August 1 each year. For permit applications that have not met
the goal, the report must state the reasons for not meeting the goal. In stating the reasons
for not meeting the goal, the commissioner shall separately identify delays caused by the
responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the
level of public engagement. The report must specify the number of days from initial
submission of the application to the day of determination that the application is complete.
The report must aggregate the data for the year and assess whether program or system
changes are necessary to achieve the goal. The report must be posted on the agency's Web
site and submitted to the governor and the chairs and ranking minority members of the house
of representatives and senate committees having jurisdiction over environment policy and
finance.

(c) The commissioner shall allow electronic submission of environmental review and
permit documents to the agency.

(d) deleted text beginBeginning July 1, 2011,deleted text end Within 30 business days of application for a permit subject
to paragraph (a), the commissioner of the Pollution Control Agency shall notify the deleted text beginproject
proposer
deleted text endnew text begin permit applicantnew text end, in writing, whether the application is complete or incomplete. If
the commissioner determines that an application is incomplete, the notice to the applicant
must enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
and advise the applicant on how the deficiencies can be remedied. If the commissioner
determines that the application is complete, the notice must confirm the application's Tier
1 or Tier 2 permit statusnew text begin and provide the permit applicant with a schedule for issuing the
permit
new text end. This paragraph does not apply to an application for a permit that is subject to a grant
or loan agreement under chapter 446A.

(e) For purposes of this subdivision, "permit professional" means an individual not
employed by the Pollution Control Agency who:

(1) has a professional license issued by the state of Minnesota in the subject area of the
permit;

(2) has at least ten years of experience in the subject area of the permit; and

(3) abides by the duty of candor applicable to employees of the Pollution Control Agency
under agency rules and complies with all applicable requirements under chapter 326.

(f) Upon the agency's request, an applicant relying on a permit professional must
participate in a meeting with the agency before submitting an application:

(1) at least two weeks prior to the preapplication meeting, the applicant must submit at
least the following:

(i) project description, including, but not limited to, scope of work, primary emissions
points, discharge outfalls, and water intake points;

(ii) location of the project, including county, municipality, and location on the site;

(iii) business schedule for project completion; and

(iv) other information requested by the agency at least four weeks prior to the scheduled
meeting; and

(2) during the preapplication meeting, the agency shall provide for the applicant at least
the following:

(i) an overview of the permit review program;

(ii) a determination of which specific application or applications will be necessary to
complete the project;

(iii) a statement notifying the applicant if the specific permit being sought requires a
mandatory public hearing or comment period;

(iv) a review of the timetable established in the permit review program for the specific
permit being sought; and

(v) a determination of what information must be included in the application, including
a description of any required modeling or testing.

(g) The applicant may select a permit professional to undertake the preparation of the
permit application and draft permit.

(h) If a preapplication meeting was held, the agency shall, within seven business days
of receipt of an application, notify the applicant and submitting permit professional that the
application is complete or is denied, specifying the deficiencies of the application.

(i) Upon receipt of notice that the application is complete, the permit professional shall
submit to the agency a timetable for submitting a draft permit. The permit professional shall
submit a draft permit on or before the date provided in the timetable. Within 60 days after
the close of the public comment period, the commissioner shall notify the applicant whether
the permit can be issued.

(j) Nothing in this section shall be construed to modify:

(1) any requirement of law that is necessary to retain federal delegation to or assumption
by the state; or

(2) the authority to implement a federal law or program.

(k) The permit application and draft permit shall identify or include as an appendix all
studies and other sources of information used to substantiate the analysis contained in the
permit application and draft permit. The commissioner shall request additional studies, if
needed, and the deleted text beginproject proposerdeleted text endnew text begin permit applicantnew text end shall submit all additional studies and
information necessary for the commissioner to perform the commissioner's responsibility
to review, modify, and determine the completeness of the application and approve the draft
permit.

Sec. 7.

Minnesota Statutes 2016, section 116.03, is amended by adding a subdivision to
read:


new text begin Subd. 7. new text end

new text begin Draft permits; public notice. new text end

new text begin When public notice of a draft permit is required,
the commissioner must issue the notice with the draft permit within 150 days of receiving
a completed permit application unless the permit applicant and the commissioner mutually
agree to a different date. Before issuing the public notice, the commissioner must provide
a copy of the draft permit to the permit applicant and consider comments on the draft permit
from the permit applicant.
new text end

Sec. 8.

Minnesota Statutes 2016, section 116.07, subdivision 4d, is amended to read:


Subd. 4d.

Permit fees.

(a) The agency may collect permit fees in amounts not greater
than those necessary to cover the reasonable costs of developing, reviewing, and acting
upon applications for agency permits and implementing and enforcing the conditions of the
permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The
fee schedule must reflect reasonable and routine direct and indirect costs associated with
permitting, implementation, and enforcement. The agency may impose an additional
enforcement fee to be collected for a period of up to two years to cover the reasonable costs
of implementing and enforcing the conditions of a permit under the rules of the agency.
Any money collected under this paragraph shall be deposited in the environmental fund.

(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner
or operator of all stationary sources, emission facilities, emissions units, air contaminant
treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage
facilities subject to a notification, permit, or license requirement under this chapter,
subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401
et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and
indirect reasonable costs, including legal costs, required to develop and administer the
notification, permit, or license program requirements of this chapter, subchapters I and V
of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules
adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon
an application for a permit; implementing and enforcing statutes, rules, and the terms and
conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally
applicable regulations; responding to federal guidance; modeling, analyses, and
demonstrations; preparing inventories and tracking emissions; and providing information
to the public about these activities.

(c) The agency shall set fees that:

(1) will result in the collection, in the aggregate, from the sources listed in paragraph
(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of
the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national
primary ambient air quality standard has been promulgated;

(2) may result in the collection, in the aggregate, from the sources listed in paragraph
(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
regulated under this chapter or air quality rules adopted under this chapter; and

(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount
needed to match grant funds received by the state under United States Code, title 42, section
7405 (section 105 of the federal Clean Air Act).

The agency must not include in the calculation of the aggregate amount to be collected
under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
from a source. The increase in air permit fees to match federal grant funds shall be a surcharge
on existing fees. The commissioner may not collect the surcharge after the grant funds
become unavailable. In addition, the commissioner shall use nonfee funds to the extent
practical to match the grant funds so that the fee surcharge is minimized.

(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
in the rules promulgated under paragraph (c) for an increase in the fee collected in each
year by the percentage, if any, by which the Consumer Price Index for the most recent
calendar year ending before the beginning of the year the fee is collected exceeds the
Consumer Price Index for the calendar year 1989. For purposes of this paragraph the
Consumer Price Index for any calendar year is the average of the Consumer Price Index for
all-urban consumers published by the United States Department of Labor, as of the close
of the 12-month period ending on August 31 of each calendar year. The revision of the
Consumer Price Index that is most consistent with the Consumer Price Index for calendar
year 1989 shall be used.

(e) Any money collected under paragraphs (b) to (d) must be deposited in the
environmental fund and must be used solely for the activities listed in paragraph (b).

(f) Permit applicants who wish to construct, reconstruct, or modify a deleted text beginfacilitydeleted text endnew text begin projectnew text end may
offer to reimburse the agency for the new text beginreasonable new text endcosts deleted text beginof staff time or consultant servicesdeleted text end
needed to expedite the new text beginpreapplication process and new text endpermit development processnew text begin through the
final decision on the permit
new text end, including the analysis of environmental review documents.
The reimbursement shall be in addition to permit application fees imposed by law. When
the agency determines that it needs additional resources to develop the permit application
in an expedited manner, and that expediting the development is consistent with permitting
program priorities, the agency may accept the reimbursement. new text beginThe commissioner must give
the applicant an estimate of costs to be incurred by the commissioner. The estimate must
include a brief description of the tasks to be performed, a schedule for completing the tasks,
and the estimated cost for each task. The applicant and the commissioner shall enter into a
written agreement to cover the estimated costs to be incurred by the commissioner and
recourse, including but not limited to reducing or withholding fees, the permit applicant
may seek if the agency fails to comply with the schedule. The agreement must also include
the names of staff assigned to the project and terms requiring the assigned staff to work
preferentially on the project until the permit is issued. The commissioner must not issue a
permit until the applicant has paid all fees in full. The commissioner must refund any
unobligated balance of fees paid.
new text endReimbursements accepted by the agency are appropriated
to the agency for the purpose of developing the permit or analyzing environmental review
documents. Reimbursement by a permit applicant shall precede and not be contingent upon
issuance of a permit; shall not affect the agency's decision on whether to issue or deny a
permit, what conditions are included in a permit, or the application of state and federal
statutes and rules governing permit determinations; and shall not affect final decisions
regarding environmental review.

(g) The fees under this subdivision are exempt from section 16A.1285.

Sec. 9.

Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to
read:


new text begin Subd. 13. new text end

new text begin Irrevocability, suspensions, or expiration of permits; environmental
review.
new text end

new text begin If, by July 1 of an odd-numbered year, legislation has not been enacted to appropriate
money to the commissioner of the Pollution Control Agency for environmental review and
permitting activities of the agency:
new text end

new text begin (1) a permit granted by the commissioner may not be terminated or suspended for the
term of the permit nor shall it expire without the consent of the permittee, except for breach
or nonperformance of any condition of the permit by the permittee that is an imminent threat
to impair or destroy the environment or injure the health, safety, or welfare of the citizens
of the state; and
new text end

new text begin (2) environmental review and permit application work on environmental review and
permits filed before July 1 of that year must not be suspended or terminated.
new text end

new text begin (b) Paragraph (a), clause (1), applies until legislation appropriating money to the
commissioner for the environmental review and permitting activities is enacted.
new text end

Sec. 10.

Minnesota Statutes 2016, section 116.07, is amended by adding a subdivision to
read:


new text begin Subd. 14. new text end

new text begin Unadopted rules. new text end

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

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

Sec. 11.

Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:


Subd. 2a.

When prepared.

new text begin(a) new text endWhere there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant environmental
impacts, discusses appropriate alternatives to the proposed action and their impacts, and
explores methods by which adverse environmental impacts of an action could be mitigated.
The environmental impact statement shall also analyze those economic, employment, and
sociological effects that cannot be avoided should the action be implemented. To ensure its
use in the decision-making process, the environmental impact statement shall be prepared
as early as practical in the formulation of an action.

deleted text begin (a)deleted text endnew text begin (b)new text end The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet deleted text beginshalldeleted text endnew text begin isnew text end not deleted text beginbedeleted text end required for the
expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b),
or the conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol
facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded
or converted facility to produce alcohol fuel, but must be required if the ethanol plant or
biobutanol facility meets or exceeds thresholds of other categories of actions for which
environmental assessment worksheets must be prepared. The responsible governmental unit
for an ethanol plant or biobutanol facility project for which an environmental assessment
worksheet is prepared deleted text beginshall bedeleted text endnew text begin isnew text end the state agency with the greatest responsibility for
supervising or approving the project as a whole.

new text begin (c) new text endA mandatory environmental impact statement deleted text beginshalldeleted text endnew text begin isnew text end not deleted text beginbedeleted text end required for a facility
or plant located outside the seven-county metropolitan area that produces less than
125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined
in section 41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that
only uses a cellulosic feedstock to produce chemical products for use by another facility as
a feedstock deleted text beginshalldeleted text endnew text begin isnew text end not deleted text beginbedeleted text end considered a fuel conversion facility as used in rules adopted
under this chapter.

deleted text begin (b)deleted text endnew text begin (d)new text end The responsible governmental unit shall promptly publish notice of the completion
of an environmental assessment worksheet by publishing the notice in at least one newspaper
of general circulation in the geographic area where the project is proposed, by posting the
notice on a Web site that has been designated as the official publication site for publication
of proceedings, public notices, and summaries of a political subdivision in which the project
is proposed, or in any other manner determined by the board and shall provide copies of
the environmental assessment worksheet to the board and its member agencies. Comments
on the need for an environmental impact statement may be submitted to the responsible
governmental unit during a 30-day period following publication of the notice that an
environmental assessment worksheet has been completed. The responsible governmental
unit's decision on the need for an environmental impact statement shall be based on the
environmental assessment worksheet and the comments received during the comment period,
and shall be made within 15 days after the close of the comment period. The board's chair
may extend the 15-day period by not more than 15 additional days upon the request of the
responsible governmental unit.

deleted text begin (c)deleted text endnew text begin (e)new text end An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 100 individuals
who reside or own property in the state, submitted before the proposed project has received
final approval by the appropriate governmental units, demonstrates that, because of the
nature or location of a proposed action, there may be potential for significant environmental
effects. Petitions requesting the preparation of an environmental assessment worksheet shall
be submitted to the board. The chair of the board shall determine the appropriate responsible
governmental unit and forward the petition to it. A decision on the need for an environmental
assessment worksheet shall be made by the responsible governmental unit within 15 days
after the petition is received by the responsible governmental unit. The board's chair may
extend the 15-day period by not more than 15 additional days upon request of the responsible
governmental unit.

deleted text begin (d)deleted text endnew text begin (f)new text end Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:

(1) the proposed action is:

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
of less than 1,000 animal units;

(2) the application for the animal feedlot facility includes a written commitment by the
proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and

(3) the county board holds a public meeting for citizen input at least ten business days
deleted text begin prior todeleted text endnew text begin beforenew text end the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition
to other exemptions provided under other law and rules of the board.

deleted text begin (e)deleted text endnew text begin (g)new text end The board may, deleted text beginprior todeleted text endnew text begin beforenew text end final approval of a proposed project, require
preparation of an environmental assessment worksheet by a responsible governmental unit
selected by the board for any action where environmental review under this section has not
been specifically provided for by rule or otherwise initiated.

deleted text begin (f)deleted text endnew text begin (h)new text end An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impactsdeleted text begin, whichdeleted text endnew text begin thatnew text end, because of the nature or
location of the project, have the potential for significant environmental effects. The same
process shall be utilized to determine the form, contentnew text begin,new text end and level of detail of the statement
as well as the alternatives deleted text beginwhichdeleted text endnew text begin thatnew text end are appropriate for consideration in the statement. In
addition, the permits deleted text beginwhichdeleted text endnew text begin thatnew text end will be required for the proposed action shall be identified
during the scoping process. Further, the process shall identify those permits for which
information will be developed concurrently with the environmental impact statement. The
board shall provide in its rules for the expeditious completion of the scoping process. The
determinations reached in the process shall be incorporated into the order requiring the
preparation of an environmental impact statement.

deleted text begin (g)deleted text endnew text begin (i)new text end The responsible governmental unit shall, to the extent practicable, avoid duplication
and ensure coordination between state and federal environmental review and between
environmental review and environmental permitting. Whenever practical, information
needed by a governmental unit for making final decisions on permits or other actions required
for a proposed project shall be developed in conjunction with the preparation of an
environmental impact statement. When an environmental impact statement is prepared for
a project requiring multiple permits for which two or more agencies' decision processes
include either mandatory or discretionary hearings before a hearing officer deleted text beginprior todeleted text endnew text begin beforenew text end
the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to
the contrary, conduct the hearings in a single consolidated hearing process if requested by
the proposer. All agencies having jurisdiction over a permit that is included in the
consolidated hearing shall participate. The responsible governmental unit shall establish
appropriate procedures for the consolidated hearing process, including procedures to ensure
that the consolidated hearing process is consistent with the applicable requirements for each
permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest
applicable hearing procedure to initiate the hearing.new text begin All agencies having jurisdiction over
a permit identified in the draft environmental impact statement must accept and begin
reviewing any permit application upon publication of the notice of preparation of the
environmental impact statement.
new text end

deleted text begin (h)deleted text endnew text begin (j)new text end An environmental impact statement shall be prepared and its adequacy determined
within 280 days after notice of its preparation unless the time is extended by consent of the
parties or by the governor for good cause. The responsible governmental unit shall determine
the adequacy of an environmental impact statement, unless within 60 days after notice is
published that an environmental impact statement will be prepared, the board chooses to
determine the adequacy of an environmental impact statement. If an environmental impact
statement is found to be inadequate, the responsible governmental unit shall have 60 days
to prepare an adequate environmental impact statement.

deleted text begin (i)deleted text endnew text begin (k)new text end The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit shall identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit shall require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.

Sec. 12.

Minnesota Statutes 2016, section 116D.04, subdivision 3a, is amended to read:


Subd. 3a.

Final decisions.

new text begin(a) new text endWithin 30 days after final approval of an environmental
impact statement, final decisions shall be made by the appropriate governmental units on
those permits which were identified as required and for which information was developed
concurrently with the preparation of the environmental impact statement. Provided, however,
that the 30-day period may be extended where a longer period is permitted by section 15.99
or required by federal law or state statute or is consented to by the permit applicant. The
permit decision shall include the reasons for the decision, including any conditions under
which the permit is issued, together with a final order granting or denying the permit.

new text begin (b) Wetland-replacement sites identified according to section 103G.222, subdivision 3,
concurrently with the preparation of an environmental impact statement are deemed approved
for a replacement plan under section 93.481, 103G.2242, or 103G.2243 upon final approval
of the environmental impact statement.
new text end

Sec. 13.

Minnesota Statutes 2016, section 116D.04, subdivision 10, is amended to read:


Subd. 10.

Review.

A person aggrieved by a final decision on the need for an
environmental assessment worksheet, the need for an environmental impact statement, or
the adequacy of an environmental impact statement is entitled to judicial review of the
decision under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved
person for judicial review under sections 14.63 to 14.68 must be filed with the Court of
Appeals and served on the responsible governmental unit not more than 30 days after the
deleted text begin party receives the final decision and order of thedeleted text end responsible governmental unitnew text begin makes its
decision
new text end. Proceedings for review under this section must be instituted by serving a petition
for a writ of certiorari personally or by certified mail upon the responsible governmental
unit and by promptly filing the proof of service in the Office of the Clerk of the Appellate
Courts and the matter will proceed in the manner provided by the Rules of Civil Appellate
Procedure. A copy of the petition must be provided to the attorney general at the time of
service. Copies of the writ must be served, personally or by certified mail, upon the
responsible governmental unit and the project proposer. The filing of the writ of certiorari
does not stay the enforcement of any other governmental action, provided that the responsible
governmental unit may stay enforcement or the Court of Appeals may order a stay upon
terms it deems proper. A bond may be required under section 562.02 unless at the time of
hearing on the application for the bond the petitioner-relator has shown that the claim is
likely to succeed on the merits. The board may initiate judicial review of decisions referred
to herein and the board or a project proposer may intervene as of right in any proceeding
brought under this subdivision.

Sec. 14.

Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:


Subdivision 1.

Assessment.

The board deleted text beginshalldeleted text endnew text begin mustnew text end by rule adopt procedures tonew text begin:
new text end

new text begin (1)new text end assess the proposer of a specific action fornew text begin the responsible government unit'snew text end
reasonable costs of preparing, reviewing, and distributing the environmental impact statement.
The costs deleted text beginshalldeleted text endnew text begin mustnew text end be determined by the responsible governmental unit deleted text beginpursuantdeleted text endnew text begin accordingnew text end
to the rules deleted text beginpromulgateddeleted text endnew text begin adoptednew text end by the boarddeleted text begin.deleted text endnew text begin; and
new text end

new text begin (2) authorize a proposer of a specific action to prepare a draft environmental impact
statement for that action for submission to and review, modification, and determination of
completeness and adequacy by the responsible governmental unit.
new text end

Sec. 15.

Laws 2015, First Special Session chapter 4, article 4, section 136, is amended to
read:


Sec. 136. WILD RICE WATER QUALITY STANDARDS.

(a) Until the commissioner of the Pollution Control Agency amends rules refining the
wild rice water quality standard in Minnesota Rules, part 7050.0224, subpart 2, to consider
all independent research and publicly funded research and to include criteria for identifying
waters and a list of waters subject to the standard, implementation of the wild rice water
quality standard in Minnesota Rules, part 7050.0224, subpart 2, shall be limited to the
following, unless the permittee requests additional conditions:

(1) when issuing, modifying, or renewing national pollutant discharge elimination system
(NPDES) or state disposal system (SDS) permits, the agency shall endeavor to protect wild
rice, and in doing so shall be limited by the following conditions:

(i) the agency shall not require permittees to expend money for design or implementation
of sulfate treatment technologies or other forms of sulfate mitigation; and

(ii) the agency may require sulfate minimization plans in permits; and

(2) the agency shall not list waters containing natural beds of wild rice as impaired for
sulfate under section 303(d) of the federal Clean Water Act, United States Code, title 33,
section 1313, until the rulemaking described in this paragraph takes effect.

(b) Upon the rule described in paragraph (a) taking effect, the agency may reopen permits
issued or reissued after the effective date of this section as needed to include numeric permit
limits based on the wild rice water quality standard.

(c) The commissioner shall complete the rulemaking described in paragraph (a) by
January 15, deleted text begin2018deleted text endnew text begin 2019new text end.

ARTICLE 2

ENVIRONMENTAL QUALITY BOARD

Section 1.

Minnesota Statutes 2016, section 3.886, subdivision 4, is amended to read:


Subd. 4.

Powers and duties.

(a) The Legislative Water Commission shall review water
policy reports and recommendations of the deleted text beginEnvironmental Quality Board, thedeleted text end Board of
Water and Soil Resources, the Pollution Control Agency, the Department of Natural
Resources, the Metropolitan Council, and other water-related reports as may be required
by law or the legislature.

(b) The commission may conduct public hearings and otherwise secure data and
comments.

(c) The commission shall make recommendations as it deems proper to assist the
legislature in formulating legislation.

(d) Data or information compiled by the Legislative Water Commission or its
subcommittees shall be made available to the Legislative-Citizen Commission on Minnesota
Resources, the Clean Water Council, and standing and interim committees of the legislature
on request of the chair of the respective commission, council, or committee.

(e) The commission shall coordinate with the Clean Water Council.

Sec. 2.

Minnesota Statutes 2016, section 13.7411, subdivision 9, is amended to read:


Subd. 9.

deleted text beginEnvironmental Quality Boarddeleted text endnew text begin Low-level radioactive wastenew text end.

deleted text begin (a) Study data
for radioactive waste disposal.
Access to data derived from testing or studies for the
disposal of radioactive waste is governed by section 116C.724, subdivision 3.
deleted text end

deleted text begin (b) Low-level radioactive waste.deleted text end Certain data given to the Pollution Control Agency
by persons who generate, transport, or dispose of low-level radioactive waste are classified
under section 116C.840.

Sec. 3.

Minnesota Statutes 2016, section 18B.045, is amended to read:


18B.045 PESTICIDE MANAGEMENT PLAN.

Subdivision 1.

Development.

The commissioner shall develop a pesticide management
plan for the prevention, evaluation, and mitigation of occurrences of pesticides or pesticide
breakdown products in groundwaters and surface waters of the state. The pesticide
management plan must include components promoting prevention, developing appropriate
responses to the detection of pesticides or pesticide breakdown products in groundwater
and surface waters, and providing responses to reduce or eliminate continued pesticide
movement to groundwater and surface water. By September 1 of each even-numbered year,
the commissioner must submit a status report on the plan to the deleted text beginEnvironmental Quality
Board for review and then to the
deleted text end house of representatives and senate committees with
jurisdiction over the environment, natural resources, and agriculture.

Subd. 2.

Coordination.

The pesticide management plan shall be coordinated and
developed with other state agency plans and with other state agencies deleted text beginthrough the
Environmental Quality Board
deleted text end. In addition, the University of Minnesota Extension Service,
farm organizations, farmers, environmental organizations, and industry shall be involved
in the pesticide management plan development.

Sec. 4.

Minnesota Statutes 2016, section 18E.06, is amended to read:


18E.06 REPORT.

By December 1 of each year, the Agricultural Chemical Response Compensation Board
and the commissioner shall submit to the house of representatives Committee on Ways and
Means, the senate Committee on Finance, new text beginand new text endthe house of representatives and senate
committees with jurisdiction over the environment, natural resources, and agriculturedeleted text begin, and
the Environmental Quality Board
deleted text end a report detailing the board's activities and reimbursements
and the expenditures and activities associated with the commissioner's incident response
program for which money from the account has been spent during the previous year.

Sec. 5.

Minnesota Statutes 2016, section 103A.204, is amended to read:


103A.204 GROUNDWATER POLICY.

(a) The responsibility for the protection of groundwater in Minnesota is vested in a
multiagency approach to management. The following is a list of agencies and the groundwater
protection areas for which the agencies are primarily responsible; the list is not intended to
restrict the areas of responsibility to only those specified:

(1) deleted text beginEnvironmental Quality Boarddeleted text endnew text begin Clean Water Councilnew text end: coordination of state groundwater
protection programs;

(2) Pollution Control Agency: water quality monitoring and reporting and the
development of best management practices and regulatory mechanisms for protection of
groundwater from nonagricultural chemical contaminants;

(3) Department of Agriculture: sustainable agriculture, integrated pest management,
water quality monitoring, and the development of best management practices and regulatory
mechanisms for protection of groundwater from agricultural chemical contaminants;

(4) Board of Water and Soil Resources: reporting on groundwater education and outreach
with local government officials, local water planning and management, and local cost share
programs;

(5) Department of Natural Resources: water quantity monitoring and regulation,
sensitivity mapping, and development of a plan for the use of integrated pest management
and sustainable agriculture on state-owned lands; and

(6) Department of Health: regulation of wells and borings, and the development of health
risk limits under section 103H.201.

(b) The deleted text beginEnvironmental Quality Board shalldeleted text endnew text begin Clean Water Council mustnew text end prepare a report
on policy issues related to its responsibilities listed in paragraph (a)deleted text begin,deleted text end and include these reports
with deleted text beginthe assessments in section 103A.43 anddeleted text end the "Minnesota Water Plan" in section
103B.151.

Sec. 6.

Minnesota Statutes 2016, section 103B.101, subdivision 9, is amended to read:


Subd. 9.

Powers and duties.

In addition to the powers and duties prescribed elsewhere,
the board deleted text beginshalldeleted text endnew text begin mustnew text end:

(1) coordinate the water and soil resources planning and implementation activities of
counties, soil and water conservation districts, watershed districts, watershed management
organizations, and any other local units of government through its various authorities for
approval of local plans, administration of state grants, contracts and easements, and by other
means as may be appropriate;

(2) facilitate communication and coordination among state agencies deleted text beginin cooperation with
the Environmental Quality Board,
deleted text end and between state and local units of government, in order
to make the expertise and resources of state agencies involved in water and soil resources
management available to the local units of government to the greatest extent possible;

(3) coordinate state and local interests with respect to the study in southwestern Minnesota
under United States Code, title 16, section 1009;

(4) develop information and education programs designed to increase awareness of local
water and soil resources problems and awareness of opportunities for local government
involvement in preventing or solving them;

(5) provide a forum for the discussion of local issues and opportunities relating to water
and soil resources management;

(6) adopt an annual budget and work program that integrate the various functions and
responsibilities assigned to it by law; and

(7) report to the governor and the legislature by October 15 of each even-numbered year
with an assessment of board programs and recommendations for any program changes and
board membership changes necessary to improve state and local efforts in water and soil
resources management.

The board may accept grants, gifts, donations, or contributions in money, services,
materials, or otherwise from the United States, a state agency, or other source to achieve
an authorized or delegated purpose. The board may enter into a contract or agreement
necessary or appropriate to accomplish the transfer. The board may conduct or participate
in local, state, or federal programs or projects that have as one purpose or effect the
preservation or enhancement of water and soil resources and may enter into and administer
agreements with local governments or landowners or their designated agents as part of those
programs or projects. The board may receive and expend money to acquire conservation
easements, as defined in chapter 84C, on behalf of the state and federal government consistent
with the Camp Ripley's Army Compatible Use Buffer Project.

Any money received is hereby deposited in an account in a fund other than the general
fund and appropriated and dedicated for the purpose for which it is granted.

Sec. 7.

Minnesota Statutes 2016, section 103B.151, is amended to read:


103B.151 COORDINATION OF WATER RESOURCE PLANNING.

Subdivision 1.

Water planning.

The deleted text beginEnvironmental Quality Boarddeleted text endnew text begin Clean Water Councilnew text end
deleted text begin shalldeleted text endnew text begin mustnew text end:

(1) coordinate public water resource management and regulation activities among the
state agencies having jurisdiction in the area;

(2) coordinate comprehensive long-range water resources planning in furtherance of the
Environmental Quality Board's "Minnesota Water Plan," published in January 1991, by
September 15, 2000, and each ten-year interval afterwards;

(3) coordinate water planning activities of local, regional, and federal bodies with state
water planning and integrate these plans with state strategies;

(4) coordinate development of state water policy recommendations and priorities, and
a recommended program for funding identified needs, including priorities for implementing
the state water resources monitoring plan;

(5) administer federal water resources planning with multiagency interests;

(6) ensure that groundwater quality monitoring and related data is provided and integrated
into the Minnesota land management information system 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;

(7) coordinate the development and evaluation of water information and education
materials and resources; and

(8) coordinate the dissemination of water information and education through existing
delivery systems.

Subd. 2.

Governor's representative.

The deleted text beginEnvironmental Quality Boarddeleted text endnew text begin Clean Water
Council
new text end chair shall represent the governor on interstate water resources organizations.

Sec. 8.

Minnesota Statutes 2016, section 103B.315, subdivision 5, is amended to read:


Subd. 5.

State review.

(a) After conducting the public hearing but before final adoption,
the county board must submit its local water management plan, all written comments received
on the plan, a record of the public hearing under subdivision 4, and a summary of changes
incorporated as a result of the review process to the board for review. The board shall
complete the review within 90 days after receiving a local water management plan and
supporting documents. The board shall consult with the Departments of Agriculture, Health,
and Natural Resources; the Pollution Control Agency; deleted text beginthe Environmental Quality Board;deleted text end
and other appropriate state agencies during the review.

(b) The board may disapprove a local water management plan if the board determines
the plan is not consistent with state law. If a plan is disapproved, the board shall provide a
written statement of its reasons for disapproval. A disapproved local water management
plan must be revised by the county board and resubmitted for approval by the board within
120 days after receiving notice of disapproval of the local water management plan, unless
the board extends the period for good cause.

(c) If the local government unit disagrees with the board's decision to disapprove the
plan, it may, within 60 days, initiate mediation through the board's informal dispute resolution
process as established pursuant to section 103B.345, subdivision 1. A local government
unit may appeal disapproval to the Court of Appeals. A decision of the board on appeal is
subject to judicial review under sections 14.63 to 14.69.

Sec. 9.

Minnesota Statutes 2016, section 103H.151, subdivision 4, is amended to read:


Subd. 4.

Evaluation.

The commissioners of agriculture and the Pollution Control Agency
shall, through field audits and other appropriate means, monitor the use and effectiveness
of best management practices developed and promoted under this section. The information
collected must be submitted to the deleted text beginEnvironmental Quality Board, which must include the
information in the report required in section 103A.43, paragraph (d)
deleted text endnew text begin Clean Water Councilnew text end.

Sec. 10.

Minnesota Statutes 2016, section 103H.175, subdivision 3, is amended to read:


Subd. 3.

Report.

Every five years, the Pollution Control Agency, in cooperation with
other agencies participating in the monitoring of water resources, shall provide a draft report
on the status of groundwater monitoring to the deleted text beginEnvironmental Quality Board for review
and then to the
deleted text end house of representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture as part of the report in section 103A.204.

Sec. 11.

Minnesota Statutes 2016, section 115A.32, is amended to read:


115A.32 RULES.

The deleted text beginboard shall promulgatedeleted text endnew text begin commissioner of the Pollution Control Agency must adoptnew text end
rules deleted text beginpursuantdeleted text endnew text begin accordingnew text end to chapter 14 to govern deleted text beginitsdeleted text endnew text begin thenew text end activities under sections 115A.32
to 115A.39. deleted text beginFor the purposes of sections 115A.32 to 115A.39, "board" means the
Environmental Quality Board established in section 116C.03. In all of its activities and
deliberations under sections 115A.32 to 115A.39, the board shall consult with the
commissioner of the Pollution Control Agency.
deleted text end

Sec. 12.

Minnesota Statutes 2016, section 115A.33, is amended to read:


115A.33 ELIGIBILITY; REQUEST FOR REVIEW.

new text begin (a)new text endThe following persons deleted text beginshall bedeleted text endnew text begin arenew text end eligible to request supplementary review by the
new text begin temporary advisory new text endboard deleted text beginpursuantdeleted text endnew text begin accordingnew text end to sections 115A.32 to 115A.39:

deleted text begin (a)deleted text endnew text begin (1)new text end a generator of sewage sludge within the state deleted text beginwhodeleted text endnew text begin thatnew text end has been issued permits
by the agency for a facility to dispose of sewage sludge or solid waste resulting from sewage
treatment;

deleted text begin (b)deleted text endnew text begin (2)new text end a political subdivision deleted text beginwhichdeleted text endnew text begin thatnew text end has been issued permits by the agency, or a
political subdivision acting on behalf of a person deleted text beginwhodeleted text endnew text begin thatnew text end has been issued permits by the
agency, for a solid waste facility deleted text beginwhichdeleted text endnew text begin thatnew text end is no larger than 250 acres, not including any
proposed buffer area, and located outside the metropolitan area;

deleted text begin (c)deleted text endnew text begin (3)new text end a generator of hazardous waste within the state deleted text beginwhodeleted text endnew text begin thatnew text end has been issued permits
by the agency for a hazardous waste facility to be owned and operated by the generator, on
property owned by the generator, and to be used by the generator for managing the hazardous
wastes produced by the generator only;

deleted text begin (d)deleted text endnew text begin (4)new text end a person deleted text beginwhodeleted text endnew text begin thatnew text end has been issued permits by the agency for a commercial
hazardous waste processing facility at a site included in the board's inventory of preferred
sites for such facilities adopted pursuant to Minnesota Statutes 1996, section 115A.09; new text beginand
new text end

deleted text begin (e)deleted text endnew text begin (5)new text end a person deleted text beginwhodeleted text endnew text begin thatnew text end has been issued permits by the agency for a disposal facility
for the nonhazardous sludge, ash, or other solid waste generated by a permitted hazardous
waste processing facility operated by the person.

new text begin (b)new text end The deleted text beginboarddeleted text endnew text begin commissionernew text end may require completion of a plan conforming to the
requirements of section 115A.46, before granting review under deleted text beginclause (b)deleted text endnew text begin paragraph (a),
clause (2)
new text end. A request for supplementary review deleted text beginshalldeleted text endnew text begin mustnew text end show that the required permits
for the facility have been issued by the agency and that a political subdivision has refused
to approve the establishment or operation of the facility.

Sec. 13.

Minnesota Statutes 2016, section 115A.34, is amended to read:


115A.34 APPOINTMENT OF TEMPORARY deleted text beginBOARD MEMBERSdeleted text endnew text begin ADVISORY
BOARD
new text end.

Within 45 days of the submission of a request determined by the deleted text beginboarddeleted text endnew text begin commissionernew text end
to satisfy the requirements for review under sections 115A.32 to 115A.39, new text begina new text endtemporary
deleted text begin members shalldeleted text endnew text begin advisory board mustnew text end be deleted text beginadded to the boarddeleted text endnew text begin establishednew text end for the purpose of deleted text beginthedeleted text endnew text begin
a
new text end supplementary reviewnew text begin and providing recommendations to the commissioner on a final
decision
new text end. Three members deleted text beginshalldeleted text endnew text begin mustnew text end be selected by the governing body of the city or town
in which the deleted text beginchair of the boarddeleted text endnew text begin commissionernew text end determines the facility would be principally
located, and three members deleted text beginshalldeleted text endnew text begin mustnew text end be selected by the governing body of the county in
which the deleted text beginchair of the boarddeleted text endnew text begin commissionernew text end determines the proposed facility would be
principally located. If the proposed facility is located in unorganized territory, all six members
deleted text begin shalldeleted text endnew text begin mustnew text end be selected by the governing board of the county. Temporary new text beginadvisory board
new text end members deleted text beginshalldeleted text endnew text begin mustnew text end be residents of the county in which the proposed facility would be
located and deleted text beginshalldeleted text endnew text begin mustnew text end be selected to represent broadly the local interests that would be
directly affected by the proposed facility. At least one member appointed by the city or
town deleted text beginshalldeleted text endnew text begin mustnew text end live within one mile of the proposed facility, and at least one member
appointed by the county deleted text beginshalldeleted text endnew text begin mustnew text end be a resident of a city or town in which the proposed
facility would be located. If the appointing authority fails to appoint temporary new text beginadvisory
board
new text endmembers in the period allowed, the governor deleted text beginshalldeleted text endnew text begin mustnew text end appoint the temporary members
to represent the local interests deleted text beginin accordance withdeleted text endnew text begin according tonew text end this section. Temporary
new text begin advisory board new text endmembers deleted text beginshalldeleted text end serve for terms lasting until the deleted text beginboarddeleted text endnew text begin commissionernew text end has
taken final action on the facility.

Sec. 14.

Minnesota Statutes 2016, section 115A.35, is amended to read:


115A.35 REVIEW PROCEDURE.

The new text begintemporary advisory new text endboard deleted text beginshalldeleted text endnew text begin mustnew text end meet to deleted text begincommencedeleted text endnew text begin beginnew text end the supplementary
review within 90 days of the submission of a request determined by the deleted text beginboarddeleted text endnew text begin commissionernew text end
to satisfy the requirements for review under this section. At the meeting deleted text begincommencingdeleted text endnew text begin to
begin
new text end the review, the chair deleted text beginshalldeleted text endnew text begin, selected by members of the temporary advisory board,
must
new text end recommend and the new text begintemporary advisory new text endboard new text beginmust new text endestablish a scope and procedure,
in accordance with the rules of the deleted text beginboarddeleted text endnew text begin commissionernew text end, fornew text begin the supplementalnew text end review and
final decisionnew text begin by the commissionernew text end on the proposed facility. The procedure deleted text beginshalldeleted text endnew text begin mustnew text end require
the deleted text beginboarddeleted text endnew text begin commissionernew text end to make a final decision on the proposed facility within 90 days
following the commencement of review. The procedure deleted text beginshalldeleted text endnew text begin mustnew text end require the new text begintemporary
advisory
new text endboard to hold, at the call of the chair, at least one public hearing in the county
within which the proposed facility would be located. A majority of deleted text beginpermanentdeleted text endnew text begin thenew text end members
of the board deleted text beginshalldeleted text endnew text begin mustnew text end be present at the hearing. The hearing deleted text beginshalldeleted text endnew text begin mustnew text end be conducted for
the board by the state Office of Administrative Hearings in a manner determined by the
administrative law judge to be consistent with the expeditious completion of the proceedings
as required by sections 115A.32 to 115A.39. The hearing deleted text beginshalldeleted text endnew text begin mustnew text end not be deemed a
contested case under chapter 14. Notice of the hearing deleted text beginshalldeleted text endnew text begin mustnew text end be published in a newspaper
or newspapers of general circulation in the area for two successive weeks ending at least
15 days before the date of the meeting. The notice deleted text beginshalldeleted text endnew text begin mustnew text end describe the proposed facility,
its location, the permits, and the new text begintemporary advisory new text endboard's scope and procedure for review.
The notice deleted text beginshalldeleted text endnew text begin mustnew text end identify a location or locations within the city or town and county
where the permit applications, the agency permits, and the new text begintemporary advisory new text endboard's scope
and procedure for review are available for review and where copies may be obtained.

Sec. 15.

Minnesota Statutes 2016, section 115A.36, is amended to read:


115A.36 SCOPE AND CONTENT OF REVIEW.

In its review deleted text beginand final decision ondeleted text endnew text begin ofnew text end the proposed facility, the new text begintemporary advisory new text endboard
deleted text begin shalldeleted text endnew text begin mustnew text end consider at least the following matters:

deleted text begin (a)deleted text endnew text begin (1)new text end the risk and effect of the proposed facility on local residents, units of government,
and the local public health, safety, and welfare, including such dangers as an accidental
release of wastes during transportation to the facility, water, air, and land pollution, and fire
or explosion where appropriate, and the degree to which the risk or effect may be alleviated;

deleted text begin (b)deleted text endnew text begin (2)new text end the consistency of the proposed facility with, and its effect on, existing and
planned local land use and development; local laws, ordinances, and permits; and local
public facilities and services;

deleted text begin (c)deleted text endnew text begin (3)new text end the adverse effects of the facility on agriculture and natural resources and
opportunities to mitigate or eliminate the adverse effects by additional stipulations,
conditions, and requirements respecting the proposed facility at the proposed site;

deleted text begin (d)deleted text endnew text begin (4)new text end the need for the proposed facility, especially its contribution to abating solid and
hazardous waste disposal, the availability of alternative sites, and opportunities to mitigate
or eliminate need by additional and alternative waste management strategies or actions of
a significantly different nature;

deleted text begin (e)deleted text endnew text begin (5)new text end whether, in the case of solid waste resource recovery facilities, the applicant has
considered the feasible and prudent waste processing alternatives for accomplishing the
purposes of the proposed project and has compared and evaluated the costs of the alternatives,
including capital and operating costs, and the effects of the alternatives on the cost to
generators.

Sec. 16.

Minnesota Statutes 2016, section 115A.37, is amended to read:


115A.37 FINAL DECISION OF deleted text beginBOARDdeleted text endnew text begin COMMISSIONERnew text end.

Subdivision 1.

Approval or disapproval.

new text begin(a) new text endIn deleted text beginitsdeleted text endnew text begin making anew text end final decision on the
proposed facility, the deleted text beginboarddeleted text endnew text begin commissioner must consider the recommendations of the
temporary advisory board and
new text end may either approve or disapprove the proposed facility at the
proposed site. The deleted text beginboard'sdeleted text endnew text begin commissioner'snew text end approval deleted text beginshalldeleted text endnew text begin mustnew text end embody all terms, conditions,
and requirements of the permitting agencies, provided that the deleted text beginboarddeleted text endnew text begin commissionernew text end may:

deleted text begin (a)deleted text endnew text begin (1)new text end finally resolve any conflicts between state agencies regarding permit terms,
conditions, and requirementsdeleted text begin,deleted text endnew text begin;new text end and

deleted text begin (b)deleted text endnew text begin (2)new text end require more stringent permit terms, conditions, and requirements respecting the
design, construction, operation, inspection, monitoring, and maintenance of the proposed
facility at the proposed site.

new text begin (b) new text endThe deleted text beginboard'sdeleted text endnew text begin commissioner'snew text end resolution of conflicts under deleted text beginclausedeleted text endnew text begin paragraphnew text end (a) deleted text beginshalldeleted text endnew text begin,
clause (1), must
new text end be in favor of the more stringent terms, conditions, and requirements.

Subd. 2.

Decision paramount.

The decision of the deleted text beginboarddeleted text endnew text begin commissionernew text end to approve a
facility deleted text beginshall bedeleted text endnew text begin isnew text end final and deleted text beginshall supersede and preemptdeleted text endnew text begin supersedes and preemptsnew text end
requirements of state agencies and political subdivisions and the requirements of sections
473H.02 to 473H.17; except that the facility deleted text beginshall bedeleted text endnew text begin isnew text end subject to those terms, conditions,
and requirements of permitting agencies embodied in the deleted text beginboard'sdeleted text endnew text begin commissioner'snew text end approval
and any requirements imposed pursuant to subdivision 3. The permitting agencies deleted text beginshalldeleted text endnew text begin
must
new text end issue or amend the permits for the facility within 60 days following and in accordance
with the final decision of the deleted text beginboarddeleted text endnew text begin commissionernew text end, and all permits deleted text beginshalldeleted text endnew text begin mustnew text end conform to
the terms, conditions, and requirements of the deleted text beginboard'sdeleted text endnew text begin commissioner'snew text end decision. No charter
provision, ordinance, rule, permit, or other requirement of any state agency or political
subdivision shall prevent or restrict the establishment, operation, expansion, continuance,
or closure of the facility in accordance with the final decision of the deleted text beginboarddeleted text endnew text begin commissionernew text end
and permits issued pursuant deleted text begintheretodeleted text endnew text begin to the final decisionnew text end.

Subd. 3.

Local requirements.

A political subdivision may impose reasonable
requirements respecting the construction, inspection, operation, monitoring, and maintenance
of a facility. Any such requirements deleted text beginshall bedeleted text endnew text begin arenew text end subject to review by the agency to determine
their reasonableness and consistency with the establishment and use of a facility in
accordance with the final decision of the deleted text beginboarddeleted text endnew text begin commissionernew text end and permits issued pursuant
deleted text begin theretodeleted text endnew text begin to the final decisionnew text end. The agency may approve, disapprove, suspend, modify, or
reverse any such requirements. The decision of the agency deleted text beginshall bedeleted text endnew text begin isnew text end final.

Sec. 17.

Minnesota Statutes 2016, section 115A.38, subdivision 1, is amended to read:


Subdivision 1.

Reports to legislative commission.

At least 30 days before making a
final decision under section 115A.37 in a review brought deleted text beginpursuantdeleted text endnew text begin accordingnew text end to section
115A.33, deleted text beginclause (d)deleted text endnew text begin paragraph (a), clause (4)new text end, the chair of the new text begintemporary advisory new text endboardnew text begin or
commissioner
new text end may report to the legislative commission describing permit conditions or
requirements being considered deleted text beginwhichdeleted text endnew text begin thatnew text end are not within the existing authority of the agency
or the board or deleted text beginwhichdeleted text endnew text begin thatnew text end would require legislation or public financial assistance. In any
such reportnew text begin,new text end the chair of the board may request intervention in the review pursuant to
subdivisions 2 and 3.

Sec. 18.

Minnesota Statutes 2016, section 115A.38, subdivision 3, is amended to read:


Subd. 3.

Suspension of review process; intervention proceeding.

Following the report
of the intervenor, the legislative commission may suspend the review process for an additional
period not to exceed 90 days for an intervention proceeding. The intervenor deleted text beginshall bedeleted text endnew text begin isnew text end in
charge of the intervention proceeding and may call for such participation and establish such
procedures as the intervenor deems necessary and appropriate to facilitate agreement. The
intervenor shall keep the chair of the legislative commission informed on the progress of
the intervention proceeding, particularly with respect to agreements or proposed agreements
deleted text begin whichdeleted text endnew text begin thatnew text end may require action or decisions not within the authority of the agency deleted text beginor boarddeleted text end,
legislative action, or public financial assistance. The intervenor shall make recommendations
to the commission respecting any such agreements or proposed agreements. The commission
may make recommendations to the intervenor respecting any such agreement or proposed
agreement. If the commission approves of an agreement, or a decision based upon an
agreement, deleted text beginwhichdeleted text endnew text begin thatnew text end requires action or decisions not within the authority of the agency
deleted text begin or boarddeleted text end, legislative action, or public financial assistance, the commission shall cause the
matter and recommendations to be submitted to the legislature for consideration.

Sec. 19.

Minnesota Statutes 2016, section 115A.39, is amended to read:


115A.39 JUDICIAL REVIEW.

Judicial review with respect to conduct or decisions in supplementary reviews brought
deleted text begin pursuantdeleted text endnew text begin accordingnew text end to section 115A.33, deleted text beginclause (c) or (d)deleted text endnew text begin paragraph (a), clause (3) or (4)new text end,
shall be as provided in section 115A.30.

Sec. 20.

Minnesota Statutes 2016, section 115B.20, subdivision 6, is amended to read:


Subd. 6.

Report to legislature.

By January 31 of each odd-numbered year, the
commissioner of agriculture and the agency shall submit to the senate Finance Committee,
the house of representatives Ways and Means Committee, the Environment and Natural
Resources Committees of the senate and house of representatives, the Finance Division of
the senate Committee on Environment and Natural Resources, and the house of
representatives Committee on Environment and Natural Resources Financedeleted text begin, and the
Environmental Quality Board
deleted text end a report detailing the activities for which money has been
spent pursuant to this section during the previous fiscal year.

Sec. 21.

Minnesota Statutes 2016, section 116C.74, subdivision 2, is amended to read:


Subd. 2.

Violations; penalties.

(a) A person who violates section 116C.723deleted text begin, 116C.724,deleted text end
or 116C.731 is:

(1) guilty of a misdemeanor and is subject to a fine of not more than $20,000; and

(2) subject to a civil penalty of not more than $10,000 for each day of violation, payable
to the state, and may be ordered by the court to pay to the state an additional sum as
compensation for cleanup and for pollution, destruction, or impairment of the environment,
including but not limited to contamination of water supplies or water aquifers.

(b) A violation of section 116C.723deleted text begin, 116C.724,deleted text end or 116C.731 may be enjoined as provided
by law in an action in the name of the state brought by the attorney general.

(c) This subdivision does not limit other remedies otherwise available to either the state
or private parties for violations of section 116C.723deleted text begin, 116C.724,deleted text end or 116C.731.

Sec. 22.

Minnesota Statutes 2016, section 116C.91, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of agriculture.
new text end

Sec. 23.

Minnesota Statutes 2016, section 116C.92, is amended to read:


116C.92 COORDINATION OF ACTIVITIES.

Subdivision 1.

State coordinating organization.

The deleted text beginEnvironmental Quality Boarddeleted text endnew text begin
Department of Agriculture
new text end is designated the state coordinating organization for state and
federal regulatory activities relating to genetically engineered organisms.

Subd. 2.

Notice of nationwide action.

The deleted text beginboarddeleted text endnew text begin commissioner of natural resourcesnew text end
deleted text begin shalldeleted text endnew text begin mustnew text end notify interested parties if a permit to release genetically engineered wild rice is
issued anywhere in the United States. For purposes of this subdivision, "interested parties"
means:

(1) the state's deleted text beginwild ricedeleted text endnew text begin wild-ricenew text end industry;

(2) the legislature;

(3) federally recognized tribes within Minnesota; and

(4) individuals who request to be notified.

Sec. 24.

Minnesota Statutes 2016, section 116C.94, is amended to read:


116C.94 RULES.

Subdivision 1.

General authority.

(a) Except as provided in paragraph (b), the deleted text beginboarddeleted text endnew text begin
commissioner
new text end shall adopt rules consistent with sections 116C.91 to 116C.96 that require
an environmental assessment worksheet and otherwise comply with chapter 116D and rules
adopted under it for a proposed release and a permit for a release. The deleted text beginboarddeleted text endnew text begin commissionernew text end
may place conditions on a permit and may deny, modify, suspend, or revoke a permit.

(b) The deleted text beginboarddeleted text endnew text begin commissionernew text end shall adopt rules that require an environmental impact
statement and otherwise comply with chapter 116D and rules adopted under it for a proposed
release and a permit for a release of genetically engineered wild rice. The deleted text beginboarddeleted text endnew text begin commissionernew text end
may place conditions on the permit and may deny, modify, suspend, or revoke the permit.

Subd. 2.

Significant environmental permit.

The rules deleted text beginshalldeleted text endnew text begin mustnew text end provide that the deleted text beginboarddeleted text endnew text begin
commissioner
new text end shall authorize an agency with a significant environmental permit to administer
the regulatory oversight for the release of certain genetically engineered organisms.

Subd. 3.

Commercialization.

The deleted text beginboarddeleted text endnew text begin commissionernew text end may adopt rules providing
exemptions to the requirements to prepare an environmental assessment worksheet and
obtain a permit for releases of genetically engineered organisms for which substantial
evidence from past releases has shown to the deleted text beginboard'sdeleted text endnew text begin commissioner'snew text end satisfaction that the
organism can be released without jeopardizing public health or the environment.

Subd. 4.

Alternative regulatory oversight.

The deleted text beginboarddeleted text endnew text begin commissionernew text end may adopt rules
providing alternative regulatory oversight to the requirements to prepare an environmental
assessment worksheet and obtain a permit for releases of genetically engineered organisms
for which substantial evidence from past experience, including releases and laboratory data,
has shown to the deleted text beginboard'sdeleted text endnew text begin commissioner'snew text end satisfaction that the alternative oversight will
protect public health and the environment.

Subd. 5.

Rules; federal oversight.

The deleted text beginboarddeleted text endnew text begin commissionernew text end may adopt rules to implement
the authorities granted deleted text beginto itdeleted text end in section 116C.97, subdivision 2.

Subd. 6.

Consultation.

The deleted text beginboarddeleted text endnew text begin commissionernew text end shall consult with local units of
government and with private citizens before adopting any rules.

Sec. 25.

Minnesota Statutes 2016, section 116C.95, is amended to read:


116C.95 LIABILITY.

Rules established by the deleted text beginboarddeleted text endnew text begin commissionernew text end under section 116C.94 deleted text beginshalldeleted text endnew text begin donew text end not affect
liability under any other law or regulation for adverse effects resulting from activities relating
to genetically engineered organisms.

Sec. 26.

Minnesota Statutes 2016, section 116C.96, is amended to read:


116C.96 COST REIMBURSEMENT.

The deleted text beginboarddeleted text endnew text begin commissionernew text end shall assess the proposer of a release for the necessary and
reasonable costs of processing exemptions from a release permit under rules authorized by
sections 116C.94, subdivisions 1, 3, and 4, and 116C.97, subdivision 2, paragraph (c), or
applications for a release permit. An estimated budget deleted text beginshalldeleted text endnew text begin mustnew text end be prepared for each
exemption or application by the deleted text beginchair of the boarddeleted text endnew text begin commissionernew text end. The proposer must remit
25 percent of the estimated budget within 14 days of the receipt of the estimated budget
from the deleted text beginchairdeleted text endnew text begin commissionernew text end. The unpaid balance deleted text beginshalldeleted text endnew text begin mustnew text end be billed in periodic installments,
due upon receipt of an invoice from the deleted text beginchairdeleted text endnew text begin commissionernew text end. Costs in excess of the estimated
budget must be certified by the deleted text beginboarddeleted text endnew text begin commissionernew text end and upon certification constitute prima
facie evidence that the expenses are reasonable and necessary and deleted text beginshalldeleted text endnew text begin mustnew text end be charged to
the proposer. The proposer may review all actual costs and present objections to the deleted text beginboarddeleted text endnew text begin
commissioner
new text end, deleted text beginwhichdeleted text endnew text begin whonew text end may modify the cost or determine that the cost assessed is
reasonable. The assessment paid by the proposer deleted text beginshalldeleted text endnew text begin mustnew text end not exceed the sum of the costs
incurred. All money received under this section deleted text beginshalldeleted text endnew text begin mustnew text end be deposited in the special account
established under section 116D.045, subdivision 3, deleted text beginfor the purpose of payingdeleted text endnew text begin to paynew text end costs
incurred in processing exemptions and applications.

Sec. 27.

Minnesota Statutes 2016, section 116C.97, is amended to read:


116C.97 EXEMPTIONS.

Subdivision 1.

Human gene therapy.

The requirements of sections 116C.91 to 116C.96
and of the rules deleted text beginof the boarddeleted text end adopted deleted text beginpursuantdeleted text endnew text begin accordingnew text end to section 116C.94 do not apply
to genetic engineering of human germ cells and human somatic cells intended for use in
human gene therapy.

Subd. 2.

Federal oversight.

(a) If the deleted text beginboarddeleted text endnew text begin commissionernew text end determines, upon deleted text beginitsdeleted text endnew text begin the
commissioner's
new text end own volition or at the request of any person, that a federal program exists
for regulating the release of certain genetically engineered organisms and the federal oversight
under the program is adequate to protect human health or the environment, then any person
may release such genetically engineered organisms after obtaining the necessary federal
approval and without obtaining a state release permit or a significant environmental permit
or complying with the other requirements of sections 116C.91 to 116C.96 and the rules deleted text beginof
the board
deleted text end adopted pursuant to section 116C.94.

(b) If the deleted text beginboarddeleted text endnew text begin commissionernew text end determines the federal program is adequate to meet only
certain requirements of sections 116C.91 to 116C.96 and the rules deleted text beginof the boarddeleted text end adopted
pursuant to section 116C.94, the deleted text beginboarddeleted text endnew text begin commissionernew text end may exempt such releases from those
requirements.

(c) A person proposing a release for which a federal authorization is required may apply
to the deleted text beginboarddeleted text endnew text begin commissionernew text end for an exemption from the deleted text beginboard'sdeleted text endnew text begin commissioner'snew text end permit or to
a state agency with a significant environmental permit for the proposed release for an
exemption from the agency's permit. The proposer must file with the deleted text beginboarddeleted text endnew text begin commissionernew text end
or state agency a written request for exemption with a copy of the federal application and
the information necessary to determine if there is a potential for significant environmental
effects under chapter 116D and rules adopted under it. The deleted text beginboarddeleted text endnew text begin commissionernew text end or state
agency shall give public notice of the request in the first available issue of the deleted text beginEQBdeleted text endnew text begin
Environmental Quality
new text end Monitor and shall provide an opportunity for public comment on
the environmental review process consistent with chapter 116D and rules adopted under it.
The deleted text beginboarddeleted text endnew text begin commissionernew text end or state agency may grant the exemption if the deleted text beginboarddeleted text endnew text begin commissionernew text end
or state agency finds that the federal authorization issued is adequate to meet the requirements
of chapter 116D and rules adopted under it and any other requirement of the deleted text beginboard'sdeleted text endnew text begin
commissioner's
new text end or state agency's authority regarding the release of genetically engineered
organisms. The deleted text beginboarddeleted text endnew text begin commissionernew text end or state agency must grant or deny the exemption
within 45 days after the receipt of the written request and the information required by the
deleted text begin boarddeleted text endnew text begin commissionernew text end or state agency.

(d) This subdivision does not apply to genetically engineered organisms for which an
environmental impact statement is required under sections 116C.91 to 116C.96.

Sec. 28.

Minnesota Statutes 2016, section 116C.99, subdivision 2, is amended to read:


Subd. 2.

Standards and criteria.

(a) deleted text beginBy October 1, 2013,deleted text endnew text begin The commissioner of natural
resources may maintain and update model standards and criteria developed by
new text end the
Environmental Quality Boarddeleted text begin, in consultation with local units of government, shall develop
model standards and criteria
deleted text end for mining, processing, and transporting silica sand. These
standards and criteria may be used by local units of government in developing local
ordinances. The standards and criteria shall be different for different geographic areas of
the state. The unique karst conditions and landforms of southeastern Minnesota shall be
considered unique when compared with the flat scoured river terraces and uniform hydrology
of the Minnesota Valley. The standards and criteria developed shall reflect those differences
in varying regions of the state. The standards and criteria must include:

(1) recommendations for setbacks or buffers for mining operation and processing,
including:

(i) any residence or residential zoning district boundary;

(ii) any property line or right-of-way line of any existing or proposed street or highway;

(iii) ordinary high-water levels of public waters;

(iv) bluffs;

(v) designated trout streams, Class 2A water as designated in the rules of the Pollution
Control Agency, or any perennially flowing tributary of a designated trout stream or Class
2A water;

(vi) calcareous fens;

(vii) wellhead protection areas as defined in section 103I.005;

(viii) critical natural habitat acquired by the commissioner of natural resources under
section 84.944; and

(ix) a natural resource easement paid wholly or in part by public funds;

(2) standards for hours of operation;

(3) groundwater and surface water quality and quantity monitoring and mitigation plan
requirements, including:

(i) applicable groundwater and surface water appropriation permit requirements;

(ii) well-sealing requirements;

(iii) annual submission of monitoring well data; and

(iv) storm water runoff rate limits not to exceed two-, ten-, and 100-year storm events;

(4) air monitoring and data submission requirements;

(5) dust control requirements;

(6) noise testing and mitigation plan requirements;

(7) blast monitoring plan requirements;

(8) lighting requirements;

(9) inspection requirements;

(10) containment requirements for silica sand in temporary storage to protect air and
water quality;

(11) containment requirements for chemicals used in processing;

(12) financial assurance requirements;

(13) road and bridge impacts and requirements; and

(14) reclamation plan requirements as required under the rules adopted by the
commissioner of natural resources.

Sec. 29.

Minnesota Statutes 2016, section 116C.99, subdivision 3, is amended to read:


Subd. 3.

Silica sand technical assistance team.

deleted text beginBy October 1, 2013, the Environmental
Quality Board
deleted text endnew text begin The commissioner of natural resourcesnew text end shall assemble a silica sand technical
assistance team to provide local units of government, at their request, with assistance with
ordinance development, zoning, environmental review and permitting, monitoring, or other
issues arising from silica sand mining and processing operations. The technical assistance
team may be chosen from representatives of the following entities: the Department of Natural
Resources, the Pollution Control Agency, the Board of Water and Soil Resources, the
Department of Health, the Department of Transportation, the University of Minnesota, the
Minnesota State Colleges and Universities, and federal agencies. A majority of the members
must be from a state agency and all members must have expertise in one or more of the
following areas: silica sand mining, hydrology, air quality, water quality, land use, or other
areas related to silica sand mining.

Sec. 30.

Minnesota Statutes 2016, section 116C.991, is amended to read:


116C.991 ENVIRONMENTAL REVIEW; SILICA SAND PROJECTS.

(a) Until a final rule is adopted pursuant to Laws 2013, chapter 114, article 4, section
105, paragraph (d), an environmental assessment worksheet must be prepared for any silica
sand project that meets or exceeds the following thresholds, unless the project meets or
exceeds the thresholds for an environmental impact statement under rules deleted text beginof the
Environmental Quality Board
deleted text endnew text begin adopted under section 116D.04,new text end and an environmental impact
statement must be prepared:

(1) excavates 20 or more acres of land to a mean depth of ten feet or more during its
existence. The local government is the responsible governmental unit; or

(2) is designed to store or is capable of storing more than 7,500 tons of silica sand or
has an annual throughput of more than 200,000 tons of silica sand and is not required to
receive a permit from the Pollution Control Agency. The Pollution Control Agency is the
responsible governmental unit.

(b) In addition to the contents required under statute and rule, an environmental
assessment worksheet completed according to this section must include:

(1) a hydrogeologic investigation assessing potential groundwater and surface water
effects and geologic conditions that could create an increased risk of potentially significant
effects on groundwater and surface water;

(2) for a project with the potential to require a groundwater appropriation permit from
the commissioner of natural resources, an assessment of the water resources available for
appropriation;

(3) an air quality impact assessment that includes an assessment of the potential effects
from airborne particulates and dust;

(4) a traffic impact analysis, including documentation of existing transportation systems,
analysis of the potential effects of the project on transportation, and mitigation measures to
eliminate or minimize adverse impacts;

(5) an assessment of compatibility of the project with other existing uses; and

(6) mitigation measures that could eliminate or minimize any adverse environmental
effects for the project.

Sec. 31.

Minnesota Statutes 2016, section 116C.992, is amended to read:


116C.992 TECHNICAL ASSISTANCE, ORDINANCE, AND PERMIT LIBRARY.

deleted text begin By October 1, 2013, the Environmental Quality Board, in consultation with local units
of government, shall create and
deleted text endnew text begin The commissioner of natural resources mustnew text end maintain a
library on local government ordinances and local government permits that have been
approved for regulation of silica sand projects for reference by local governments.

Sec. 32.

Minnesota Statutes 2016, section 116D.04, subdivision 2a, is amended to read:


Subd. 2a.

When prepared.

new text begin(a) new text endWhere there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant environmental
impacts, discusses appropriate alternatives to the proposed action and their impacts, and
explores methods by which adverse environmental impacts of an action could be mitigated.
The environmental impact statement shall also analyze those economic, employment, and
sociological effects that cannot be avoided should the action be implemented. To ensure its
use in the decision-making process, the environmental impact statement shall be prepared
as early as practical in the formulation of an action.

deleted text begin (a)deleted text endnew text begin (b)new text end The deleted text beginboarddeleted text endnew text begin commissioner of the Pollution Control Agencynew text end shall by rule establish
categories of actions for which environmental impact statements and for which environmental
assessment worksheets shall be prepared as well as categories of actions for which no
environmental review is required under this section. A mandatory environmental assessment
worksheet deleted text beginshalldeleted text endnew text begin isnew text end not deleted text beginbedeleted text end required for the expansion of an ethanol plant, as defined in section
41A.09, subdivision 2a, paragraph (b), or the conversion of an ethanol plant to a biobutanol
facility or the expansion of a biobutanol facility as defined in section 41A.15, subdivision
2d, based on the capacity of the expanded or converted facility to produce alcohol fuel, but
must be required if the ethanol plant or biobutanol facility meets or exceeds thresholds of
other categories of actions for which environmental assessment worksheets must be prepared.
The responsible governmental unit for an ethanol plant or biobutanol facility project for
which an environmental assessment worksheet is prepared deleted text beginshall bedeleted text endnew text begin isnew text end the state agency with
the greatest responsibility for supervising or approving the project as a whole.

new text begin (c) new text endA mandatory environmental impact statement deleted text beginshalldeleted text endnew text begin isnew text end not deleted text beginbedeleted text end required for a facility
or plant located outside the seven-county metropolitan area that produces less than
125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
defined in section 41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined
in section 41A.15, subdivision 2d; or a cellulosic biofuel facility. A facility or plant that
only uses a cellulosic feedstock to produce chemical products for use by another facility as
a feedstock deleted text beginshalldeleted text endnew text begin isnew text end not deleted text beginbedeleted text end considered a fuel conversion facility as used in rules adopted
under this chapter.

deleted text begin (b)deleted text endnew text begin (d)new text end The responsible governmental unit shall promptly publish notice of the completion
of an environmental assessment worksheet by publishing the notice in at least one newspaper
of general circulation in the geographic area where the project is proposed, by posting the
notice on a Web site that has been designated as the official publication site for publication
of proceedings, public notices, and summaries of a political subdivision in which the project
is proposed, or in any other manner determined by the deleted text beginboarddeleted text endnew text begin commissionernew text end and shall provide
copies of the environmental assessment worksheet to the deleted text beginboard and its member agenciesdeleted text endnew text begin
commissioner
new text end. Comments on the need for an environmental impact statement may be
submitted to the responsible governmental unit during a 30-day period following publication
of the notice that an environmental assessment worksheet has been completed. The
responsible governmental unit's decision on the need for an environmental impact statement
shall be based on the environmental assessment worksheet and the comments received
during the comment period, and shall be made within 15 days after the close of the comment
period. The deleted text beginboard's chairdeleted text endnew text begin commissionernew text end may extend the 15-day period by not more than 15
additional days upon the request of the responsible governmental unit.

deleted text begin (c)deleted text endnew text begin (e)new text end An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 100 individuals
who reside or own property in the state, submitted before the proposed project has received
final approval by the appropriate governmental units, demonstrates that, because of the
nature or location of a proposed action, there may be potential for significant environmental
effects. Petitions requesting the preparation of an environmental assessment worksheet shall
be submitted to the deleted text beginboarddeleted text endnew text begin commissionernew text end. The deleted text beginchair of the boarddeleted text endnew text begin commissionernew text end shall determine
the appropriate responsible governmental unit and forward the petition to it. A decision on
the need for an environmental assessment worksheet shall be made by the responsible
governmental unit within 15 days after the petition is received by the responsible
governmental unit. The deleted text beginboard's chairdeleted text endnew text begin commissionernew text end may extend the 15-day period by not
more than 15 additional days upon request of the responsible governmental unit.

deleted text begin (d)deleted text endnew text begin (f)new text end Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules deleted text beginof the boarddeleted text endnew text begin adopted under this chapternew text end, if:

(1) the proposed action is:

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
of less than 1,000 animal units;

(2) the application for the animal feedlot facility includes a written commitment by the
proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and

(3) the county board holds a public meeting for citizen input at least ten business days
deleted text begin prior todeleted text endnew text begin beforenew text end the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in addition
to other exemptions provided under other law and rules deleted text beginof the boarddeleted text endnew text begin adopted under this
chapter
new text end.

deleted text begin (e)deleted text endnew text begin (g)new text end The deleted text beginboarddeleted text endnew text begin commissionernew text end may, deleted text beginprior todeleted text endnew text begin beforenew text end final approval of a proposed project,
require preparation of an environmental assessment worksheet by a responsible governmental
unit selected by the deleted text beginboarddeleted text endnew text begin commissionernew text end for any action where environmental review under
this section has not been specifically provided for by rule or otherwise initiated.

deleted text begin (f)deleted text endnew text begin (h)new text end An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impactsdeleted text begin, whichdeleted text endnew text begin thatnew text end, because of the nature or
location of the project, have the potential for significant environmental effects. The same
process shall be utilized to determine the form, contentnew text begin,new text end and level of detail of the statement
as well as the alternatives deleted text beginwhichdeleted text endnew text begin thatnew text end are appropriate for consideration in the statement. In
addition, the permits deleted text beginwhichdeleted text endnew text begin thatnew text end will be required for the proposed action shall be identified
during the scoping process. Further, the process shall identify those permits for which
information will be developed concurrently with the environmental impact statement. The
deleted text begin boarddeleted text endnew text begin commissionernew text end shall provide in deleted text beginitsdeleted text end rules new text beginadopted under this chapter new text endfor the expeditious
completion of the scoping process. The determinations reached in the process shall be
incorporated into the order requiring the preparation of an environmental impact statement.

deleted text begin (g)deleted text endnew text begin (i)new text end The responsible governmental unit shall, to the extent practicable, avoid duplication
and ensure coordination between state and federal environmental review and between
environmental review and environmental permitting. Whenever practical, information
needed by a governmental unit for making final decisions on permits or other actions required
for a proposed project shall be developed in conjunction with the preparation of an
environmental impact statement. When an environmental impact statement is prepared for
a project requiring multiple permits for which two or more agencies' decision processes
include either mandatory or discretionary hearings before a hearing officer deleted text beginprior todeleted text endnew text begin beforenew text end
the agencies' decision on the permit, the agencies may, notwithstanding any law or rule to
the contrary, conduct the hearings in a single consolidated hearing process if requested by
the proposer. All agencies having jurisdiction over a permit that is included in the
consolidated hearing shall participate. The responsible governmental unit shall establish
appropriate procedures for the consolidated hearing process, including procedures to ensure
that the consolidated hearing process is consistent with the applicable requirements for each
permit regarding the rights and duties of parties to the hearing, and shall utilize the earliest
applicable hearing procedure to initiate the hearing.

deleted text begin (h)deleted text endnew text begin (j)new text end An environmental impact statement shall be prepared and its adequacy determined
within 280 days after notice of its preparation unless the time is extended by consent of the
parties or by the governor for good cause. The responsible governmental unit shall determine
the adequacy of an environmental impact statement, unless within 60 days after notice is
published that an environmental impact statement will be prepared, the deleted text beginboarddeleted text endnew text begin commissionernew text end
chooses to determine the adequacy of an environmental impact statement. If an environmental
impact statement is found to be inadequate, the responsible governmental unit shall have
60 days to prepare an adequate environmental impact statement.

deleted text begin (i)deleted text endnew text begin (k)new text end The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit shall identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit shall require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.

Sec. 33.

Minnesota Statutes 2016, section 116D.04, subdivision 5b, is amended to read:


Subd. 5b.

Review of environmental assessment worksheets and environmental
impact statements.

By December 1, 2012, and every five years thereafter, the deleted text beginEnvironmental
Quality Board,
deleted text end Pollution Control Agency, Department of Natural Resources, and Department
of Transportation, after consultation with political subdivisions, shall submit to the governor
and the chairs of the house of representatives and senate committees having jurisdiction
over environment and natural resources a list of mandatory environmental assessment
worksheet and mandatory environmental impact statement categories for which the agency
or a political subdivision is designated as the responsible government unit, and for each
worksheet or statement category, a document including:

(1) intended historical purposes of the category;

(2) whether projects that fall within the category are also subject to local, state, or federal
permits; and

(3) an analysis of whether the mandatory category should be modified, eliminated, or
unchanged based on its relationship to existing permits or other federal, state, or local laws
or ordinances.

Sec. 34.

Minnesota Statutes 2016, section 116D.04, subdivision 13, is amended to read:


Subd. 13.

Enforcement.

This section may be enforced by injunction, action to compel
performance, or other appropriate action in the district court of the county where the violation
takes place. Upon the request of the deleted text beginboard or the chair of the boarddeleted text endnew text begin commissioner of the
Pollution Control Agency
new text end, the attorney general may bring an action under this subdivision.

Sec. 35.

Minnesota Statutes 2016, section 116D.04, subdivision 14, is amended to read:


Subd. 14.

Customized environmental assessment worksheet forms; electronic
submission.

(a) The commissioners of natural resources and the Pollution Control Agency
deleted text begin and the boarddeleted text end shall periodically review mandatory environmental assessment worksheet
categories under rules adopted under this section, and other project types that are frequently
subject to environmental review, and develop customized environmental assessment
worksheet forms for the category or project type. The forms must include specific questions
that focus on key environmental issues for the category or project type. In assessing categories
and project types and developing forms, the deleted text beginboarddeleted text endnew text begin commissionersnew text end shall seek the input of
governmental units that are frequently responsible for the preparation of a worksheet for
the particular category or project type. The commissioners deleted text beginand the boarddeleted text end shall also seek
input from the general public on the development of customized forms. The commissioners
deleted text begin and boarddeleted text end shall make the customized forms available online.

(b) The commissioners of natural resources and the Pollution Control Agency shall allow
for the electronic submission of environmental assessment worksheets and permits.

Sec. 36.

Minnesota Statutes 2016, section 116D.045, subdivision 1, is amended to read:


Subdivision 1.

Assessment.

The deleted text beginboard shalldeleted text endnew text begin commissioner mustnew text end by rule adopt procedures
to assess the proposer of a specific action for reasonable costs of preparing, reviewing, and
distributing the environmental impact statement. The costs deleted text beginshalldeleted text endnew text begin mustnew text end be determined by the
responsible governmental unit deleted text beginpursuantdeleted text endnew text begin accordingnew text end to the rules deleted text beginpromulgated by the boarddeleted text endnew text begin
adopted under this chapter
new text end.

Sec. 37.

Minnesota Statutes 2016, section 116F.06, subdivision 2, is amended to read:


Subd. 2.

Agency review; sale prohibition.

The agency shall review new or revised
packages or containers except when such changes involve only color, size, shape or printing.
The agency shall review innovations including, but not limited to, changes in constituent
materials or combinations thereof and changes in closures. When the agency determines
that any new or revised package or container would constitute a solid waste disposal problem
or be inconsistent with state environmental policies, the manufacturer of the product may
withdraw it from further consideration until such time as the manufacturer may resubmit
such product to the agency, or, the agency may, by order made after notice and hearing as
provided in chapter 14, deleted text beginand following an additional period not to exceed 30 days during
which the Environmental Quality Board may review the proposed action,
deleted text end prohibit the sale
of the package or container in the state. Any such prohibition shall continue in effect until
revoked by the agency or until the last legislative day of the next following legislative
session, whichever occurs first, unless extended by law. This subdivision shall not apply to
any package or container sold at retail in this state prior to September 7, 1979.

Sec. 38.

Minnesota Statutes 2016, section 216B.243, subdivision 7, is amended to read:


Subd. 7.

Participation by other agency or political subdivision.

(a) Other state agencies
authorized to issue permits for siting, construction or operation of large energy facilities,
and those state agencies authorized to participate in matters before the commission involving
utility rates and adequacy of utility services, shall present their position regarding need and
participate in the public hearing process prior to the issuance or denial of a certificate of
need. Issuance or denial of certificates of need shall be the sole and exclusive prerogative
of the commission and these determinations and certificates shall be binding upon other
state departments and agencies, regional, county, and local governments and special purpose
government districts except as provided in deleted text beginsections 116C.01 to 116C.08 anddeleted text endnew text begin sectionnew text end 116D.04,
subdivision 9
.

(b) An applicant for a certificate of need shall notify the commissioner of agriculture if
the proposed project will impact cultivated agricultural land, as that term is defined in section
216G.01, subdivision 4. The commissioner may participate in any proceeding on the
application and advise the commission as to whether to grant the certificate of need, and
the best options for mitigating adverse impacts to agricultural lands if the certificate is
granted. The Department of Agriculture shall be the lead agency on the development of any
agricultural mitigation plan required for the project.

Sec. 39.

Minnesota Statutes 2016, section 216C.18, subdivision 2, is amended to read:


Subd. 2.

Draft report; public meeting.

deleted text beginPrior to the preparation ofdeleted text endnew text begin Before preparingnew text end a
final report, the commissioner shall issue a draft report to deleted text beginthe Environmental Quality Board
and
deleted text end any person, upon request, and shall hold a public meeting. Notice of the public meeting
shall be provided to each regional development commission.

Sec. 40. new text beginTRANSFER OF AUTHORITY.
new text end

new text begin The responsibilities of the Environmental Quality Board under Minnesota Statutes,
chapter 116D, are transferred to the Pollution Control Agency as provided in Minnesota
Statutes, section 15.039.
new text end

Sec. 41. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall change the term "Environmental Quality Board" or
"board" when referring thereto to "commissioner of the Pollution Control Agency" or
"commissioner" wherever it appears in Minnesota Statutes, sections 116D.04, subdivisions
2b, 4a, 7, 8, 9, 10, 11, 15, and 16; 116D.045, subdivision 2; and 116D.11, subdivisions 2
and 3.
new text end

new text begin (b) The revisor of statutes shall change the term "Environmental Quality Board Monitor"
or "EQB Monitor" to "Environmental Quality Monitor" wherever it appears in Minnesota
Statutes or Minnesota Rules.
new text end

new text begin (c) The revisor of statutes shall change the term "Environmental Quality Board" or
"board" when referring thereto to "commissioner of natural resources" or "commissioner"
wherever it appears in Minnesota Statutes, sections 116G.01 to 116G.14 and 116G.151.
new text end

new text begin (d) The revisor of statutes shall change the term "Environmental Quality Board" or
"board" when referring thereto to "commissioner of agriculture" or "commissioner" wherever
it appears in Minnesota Statutes, sections 40A.122 and 473H.15.
new text end

Sec. 42. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2016, sections 103A.403; 103A.43; 103F.614; 116C.02; 116C.03,
subdivisions 1, 2, 2a, 3a, 4, 5, and 6; 116C.04, subdivisions 1, 2, 3, 4, 7, 10, and 11; 116C.06;
116C.08; 116C.71, subdivisions 1c and 2a; 116C.721; 116C.722; 116C.724, subdivisions
2 and 3; 116C.91, subdivision 2; and 116G.03, subdivision 2,
new text end new text begin are repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: H1291-1

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.