HF 2074

as introduced - 91st Legislature (2019 - 2020) Posted on 03/04/2019 02:03pm

A bill for an act
relating to natural resources; modifying certain natural resources fee and permit
conditions; making technical corrections; amending Minnesota Statutes 2018,
sections 103G.2242, subdivision 14; 115.03, subdivisions 1, 5; 115.035; 115.455;
115.77, subdivision 1; 115.84, subdivisions 2, 3; 116.07, subdivisions 2, 4d;
116D.04, subdivision 2a; 216G.01, subdivision 3.

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

Section 1.

Minnesota Statutes 2018, section 103G.2242, subdivision 14, is amended to
read:

Subd. 14.

Fees established.

(a) Fees must be assessed for managing wetland bank
accounts and transactions as follows:

(1) account maintenance annual fee: one percent of the value of credits not to exceed
$500;

(2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not to
exceed $1,000 per establishment, deposit, or transfer; and

(3) withdrawal fee: 6.5 percent of the value of credits withdrawn.

(b) The board deleted text begin may deleted text end new text begin must new text end establish fees deleted text begin at or deleted text end new text begin based on costs to the agency new text end below the
amounts in paragraph (a) for single-user or other dedicated wetland banking accounts.

(c) Fees for single-user or other dedicated wetland banking accounts established pursuant
to section 103G.005, subdivision 10i, clause (4), are limited to establishment of a wetland
banking account and are assessed at the rate of 6.5 percent of the value of the credits not to
exceed $1,000.

(d) The board may assess a fee to pay the costs associated with establishing conservation
easements, or other long-term protection mechanisms prescribed in the rules adopted under
subdivision 1, on property used for wetland replacement.

Sec. 2.

Minnesota Statutes 2018, section 115.03, subdivision 1, is amended to read:

Subdivision 1.

Generally.

new text begin (a) new text end The agency is hereby given and charged with the following
powers and duties:

deleted text begin (a) deleted text end new text begin (1) new text end to administer and enforce all laws relating to the pollution of any of the waters
of the state;

deleted text begin (b) deleted text end new text begin (2) new text end to investigate the extent, character, and effect of the pollution of the waters of
this state and to gather data and information necessary or desirable in the administration or
enforcement of pollution laws, and to make such classification of the waters of the state as
it may deem advisable;

deleted text begin (c) deleted text end new text begin (3) new text end to establish and alter such reasonable pollution standards for any waters of the
state in relation to the public use to which they are or may be put as it shall deem necessary
for the purposes of this chapter and, with respect to the pollution of waters of the state,
chapter 116;

deleted text begin (d) deleted text end new text begin (4) new text end to encourage waste treatment, including advanced waste treatment, instead of
stream low-flow augmentation for dilution purposes to control and prevent pollution;

deleted text begin (e) deleted text end new text begin (5) new text end to adopt, issue, reissue, modify, deny, or revoke, enter into or enforce reasonable
orders, permits, variances, standards, rules, schedules of compliance, and stipulation
agreements, under such conditions as it may prescribe, in order to prevent, control or abate
water pollution, or for the installation or operation of disposal systems or parts thereof, or
for other equipment and facilities:

deleted text begin (1) deleted text end new text begin (i) new text end requiring the discontinuance of the discharge of sewage, industrial waste or other
wastes into any waters of the state resulting in pollution in excess of the applicable pollution
standard established under this chapter;

deleted text begin (2) deleted text end new text begin (ii) new text end prohibiting or directing the abatement of any discharge of sewage, industrial
waste, or other wastes, into any waters of the state or the deposit thereof or the discharge
into any municipal disposal system where the same is likely to get into any waters of the
state in violation of this chapter and, with respect to the pollution of waters of the state,
chapter 116, or standards or rules promulgated or permits issued pursuant thereto, and
specifying the schedule of compliance within which such prohibition or abatement must be
accomplished;

deleted text begin (3) deleted text end new text begin (iii) new text end prohibiting the storage of any liquid or solid substance or other pollutant in a
manner which does not reasonably assure proper retention against entry into any waters of
the state that would be likely to pollute any waters of the state;

deleted text begin (4) deleted text end new text begin (iv) new text end requiring the construction, installation, maintenance, and operation by any person
of any disposal system or any part thereof, or other equipment and facilities, or the
reconstruction, alteration, or enlargement of its existing disposal system or any part thereof,
or the adoption of other remedial measures to prevent, control or abate any discharge or
deposit of sewage, industrial waste or other wastes by any person;

deleted text begin (5) deleted text end new text begin (v) new text end establishing, and from time to time revising, standards of performance for new
sources taking into consideration, among other things, classes, types, sizes, and categories
of sources, processes, pollution control technology, cost of achieving such effluent reduction,
and any nonwater quality environmental impact and energy requirements. Said standards
of performance for new sources shall encompass those standards for the control of the
discharge of pollutants which reflect the greatest degree of effluent reduction which the
agency determines to be achievable through application of the best available demonstrated
control technology, processes, operating methods, or other alternatives, including, where
practicable, a standard permitting no discharge of pollutants. New sources shall encompass
buildings, structures, facilities, or installations from which there is or may be the discharge
of pollutants, the construction of which is commenced after the publication by the agency
of proposed rules prescribing a standard of performance which will be applicable to such
source. Notwithstanding any other provision of the law of this state, any point source the
construction of which is commenced after May 20, 1973, and which is so constructed as to
meet all applicable standards of performance for new sources shall, consistent with and
subject to the provisions of section 306(d) of the Amendments of 1972 to the Federal Water
Pollution Control Act, not be subject to any more stringent standard of performance for new
sources during a ten-year period beginning on the date of completion of such construction
or during the period of depreciation or amortization of such facility for the purposes of
section 167 or 169, or both, of the Federal Internal Revenue Code of 1954, whichever period
ends first. Construction shall encompass any placement, assembly, or installation of facilities
or equipment, including contractual obligations to purchase such facilities or equipment, at
the premises where such equipment will be used, including preparation work at such
premises;

deleted text begin (6) deleted text end new text begin (vi) new text end establishing and revising pretreatment standards to prevent or abate the discharge
of any pollutant into any publicly owned disposal system, which pollutant interferes with,
passes through, or otherwise is incompatible with such disposal system;

deleted text begin (7) deleted text end new text begin (vii) new text end requiring the owner or operator of any disposal system or any point source to
establish and maintain such records, make such reports, install, use, and maintain such
monitoring equipment or methods, including where appropriate biological monitoring
methods, sample such effluents in accordance with such methods, at such locations, at such
intervals, and in such a manner as the agency shall prescribe, and providing such other
information as the agency may reasonably require;

deleted text begin (8) deleted text end new text begin (viii) new text end notwithstanding any other provision of this chapter, and with respect to the
pollution of waters of the state, chapter 116, requiring the achievement of more stringent
limitations than otherwise imposed by effluent limitations in order to meet any applicable
water quality standard by establishing new effluent limitations, based upon section 115.01,
subdivision 13, clause (b), including alternative effluent control strategies for any point
source or group of point sources to insure the integrity of water quality classifications,
whenever the agency determines that discharges of pollutants from such point source or
sources, with the application of effluent limitations required to comply with any standard
of best available technology, would interfere with the attainment or maintenance of the
water quality classification in a specific portion of the waters of the state. Prior to
establishment of any such effluent limitation, the agency shall hold a public hearing to
determine the relationship of the economic and social costs of achieving such limitation or
limitations, including any economic or social dislocation in the affected community or
communities, to the social and economic benefits to be obtained and to determine whether
or not such effluent limitation can be implemented with available technology or other
alternative control strategies. If a person affected by such limitation demonstrates at such
hearing that, whether or not such technology or other alternative control strategies are
available, there is no reasonable relationship between the economic and social costs and
the benefits to be obtained, such limitation shall not become effective and shall be adjusted
as it applies to such person;

deleted text begin (9) deleted text end new text begin (ix) new text end modifying, in its discretion, any requirement or limitation based upon best
available technology with respect to any point source for which a permit application is filed
after July 1, 1977, upon a showing by the owner or operator of such point source satisfactory
to the agency that such modified requirements will represent the maximum use of technology
within the economic capability of the owner or operator and will result in reasonable further
progress toward the elimination of the discharge of pollutants; and

deleted text begin (10) deleted text end new text begin (x) new text end requiring that applicants for wastewater discharge permits evaluate in their
applications the potential reuses of the discharged wastewater;

deleted text begin (f) deleted text end new text begin (6) new text end to require to be submitted and to approve plans and specifications for disposal
systems or point sources, or any part thereof and to inspect the construction thereof for
compliance with the approved plans and specifications thereof;

deleted text begin (g) deleted text end new text begin (7) new text end to prescribe and alter rules, not inconsistent with law, for the conduct of the
agency and other matters within the scope of the powers granted to and imposed upon it by
this chapter and, with respect to pollution of waters of the state, in chapter 116, provided
that every rule affecting any other department or agency of the state or any person other
than a member or employee of the agency shall be filed with the secretary of state;

deleted text begin (h) deleted text end new text begin (8) new text end to conduct such investigations, issue such notices, public and otherwise, and hold
such hearings as are necessary or which it may deem advisable for the discharge of its duties
under this chapter and, with respect to the pollution of waters of the state, under chapter
116, including, but not limited to, the issuance of permits, and to authorize any member,
employee, or agent appointed by it to conduct such investigations or, issue such notices and
hold such hearings;

deleted text begin (i) deleted text end new text begin (9) new text end for the purpose of water pollution control planning by the state and pursuant to
the Federal Water Pollution Control Act, as amended, to establish and revise planning areas,
adopt plans and programs and continuing planning processes, including, but not limited to,
basin plans and areawide waste treatment management plans, and to provide for the
implementation of any such plans by means of, including, but not limited to, standards, plan
elements, procedures for revision, intergovernmental cooperation, residual treatment process
waste controls, and needs inventory and ranking for construction of disposal systems;

deleted text begin (j) deleted text end new text begin (10) new text end to train water pollution control personnel deleted text begin , deleted text end and charge deleted text begin such deleted text end fees deleted text begin therefor as are deleted text end new text begin
for the training as new text end necessary to cover the agency's costs. new text begin The fees under this clause are
subject to legislative approval under section 16A.1283. new text end All such fees received shall be paid
into the state treasury and credited to the Pollution Control Agency training account;

deleted text begin (k) deleted text end new text begin (11) new text end to impose as additional conditions in permits to publicly owned disposal systems
appropriate measures to insure compliance by industrial and other users with any pretreatment
standard, including, but not limited to, those related to toxic pollutants, and any system of
user charges ratably as is hereby required under state law or said Federal Water Pollution
Control Act, as amended, or any regulations or guidelines promulgated thereunder;

deleted text begin (l) deleted text end new text begin (12) new text end to set a period not to exceed five years for the duration of any national pollutant
discharge elimination system permit or not to exceed ten years for any permit issued as a
state disposal system permit only;

deleted text begin (m) deleted text end new text begin (13) new text end to require each governmental subdivision identified as a permittee for a
wastewater treatment works to evaluate in every odd-numbered year the condition of its
existing system and identify future capital improvements that will be needed to attain or
maintain compliance with a national pollutant discharge elimination system or state disposal
system permit; and

deleted text begin (n) deleted text end new text begin (14) new text end to train subsurface sewage treatment system personnel, including persons who
design, construct, install, inspect, service, and operate subsurface sewage treatment systems,
and charge fees new text begin for the training new text end as necessary to pay the agency's costs. new text begin The fees under this
clause are subject to legislative approval under section 16A.1283. new text end All fees received must
be paid into the state treasury and credited to the agency's training account. Money in the
account is appropriated to the agency to pay expenses related to training.

new text begin (b) new text end The information required in new text begin paragraph (a), new text end clause deleted text begin (m) deleted text end new text begin (13), new text end must be submitted in
every odd-numbered year to the commissioner on a form provided by the commissioner.
The commissioner shall provide technical assistance if requested by the governmental
subdivision.

new text begin (c) new text end The powers and duties given the agency in this subdivision also apply to permits
issued under chapter 114C.

Sec. 3.

Minnesota Statutes 2018, section 115.03, subdivision 5, is amended to read:

Subd. 5.

Agency authority; national pollutant discharge elimination system.

new text begin (a)
new text end Notwithstanding any other provisions prescribed in or pursuant to this chapter and, with
respect to the pollution of waters of the state, in chapter 116, or otherwise, the agency shall
have the authority to perform any and all acts minimally necessary including, but not limited
to, the establishment and application of standards, procedures, rules, orders, variances,
stipulation agreements, schedules of compliance, and permit conditions, consistent with
and, therefore not less stringent than the provisions of the Federal Water Pollution Control
Act, as amended, applicable to the participation by the state of Minnesota in the national
pollutant discharge elimination system (NPDES); provided that this provision shall not be
construed as a limitation on any powers or duties otherwise residing with the agency pursuant
to any provision of law.

new text begin (b) An activity that conveys or connects waters of the state without subjecting the
transferred water to intervening industrial, municipal, or commercial use does not require
a national pollutant discharge elimination system permit. This exemption does not apply to
pollutants introduced by the activity itself to the water being transferred.
new text end

Sec. 4.

Minnesota Statutes 2018, section 115.035, is amended to read:

115.035 EXTERNAL PEER REVIEW OF WATER QUALITY STANDARDS.

(a) deleted text begin When the commissioner convenes an external peer review panel during the
promulgation or amendment of water quality standards, the commissioner must provide
notice and take public comment on the charge questions for the external peer review panel
and must allow written and oral public comment as part of the external peer review panel
process. deleted text end new text begin Every new or revised numeric water quality standard must be supported by a
technical support document that provides the scientific basis for the proposed standard and
that has undergone external, scientific peer review. Numeric water quality standards in
which the agency is adopting, without change, a United States Environmental Protection
Agency criterion that has been through peer review are not subject to this paragraph. new text end
Documentation of the external peer review panel, including the name or names of the peer
reviewer or reviewers, must be included in the statement of need and reasonableness for
the water quality standard. deleted text begin If the commissioner does not convene an external peer review
panel during the promulgation or amendment of water quality standards, the commissioner
must state the reason an external peer review panel will not be convened in the statement
of need and reasonableness.
deleted text end

new text begin (b) Every technical support document developed by the agency must be released in draft
form for public comment before peer review and before finalizing the technical support
document.
new text end

new text begin (c) The commissioner must provide public notice and information about the external
peer review through the request for comments published at the beginning of the rulemaking
process for the numeric water quality standard, and:
new text end

new text begin (1) the request for comments must identify the draft technical support document and
where the document can be found;
new text end

new text begin (2) the request for comments must include a proposed charge for the external peer review
and request comments on the charge;
new text end

new text begin (3) all comments received during the public comment period must be made available to
the external peer reviewers; and
new text end

new text begin (4) if the agency is not soliciting external peer review because the agency is adopting a
United States Environmental Protection Agency criterion without change, that must be
noted in the request for comments.
new text end

new text begin (d) The purpose of the external peer review is to evaluate whether the technical support
document and proposed standard are based on sound scientific knowledge, methods, and
practices. The external peer review must be conducted according to the guidance in the
most recent edition of the United States Environmental Protection Agency's Peer Review
Handbook. Peer reviewers must not have participated in developing the scientific basis of
the standard. Peer reviewers must disclose any activities or circumstances that could pose
a conflict of interest or create an appearance of a loss of impartiality that could interfere
with an objective review.
new text end

new text begin (e) The type of review and the number of peer reviewers depends on the nature of the
science underlying the standard. A panel review must be used when the agency is developing
significant new science or science that expands significantly beyond current documented
scientific practices or principles.
new text end

new text begin (f) In response to the findings of the external peer review, the agency must revise the
draft technical support document as appropriate. The findings of the external peer review
must be documented and attached to the final technical support document, which must be
an exhibit as part of the statement of need and reasonableness in the rulemaking to adopt
the new or revised water quality standard. The agency must note changes in the final technical
support document made in response to the external peer review.
new text end

deleted text begin (b) deleted text end new text begin (g) new text end By December 15 each year, the commissioner deleted text begin shall deleted text end new text begin must new text end post on the agency's
website a report identifying the water quality standards development work in progress or
completed in the past year, the lead agency scientist for each development effort, and
opportunities for public input.

Sec. 5.

Minnesota Statutes 2018, section 115.455, is amended to read:

115.455 EFFLUENT LIMITATIONS; COMPLIANCE.

To the extent allowable under federal law, for a municipality that constructs a publicly
owned treatment works new text begin or for an industrial national pollutant discharge elimination system
and state disposal system permit holder that constructs a treatment works facility new text end to comply
with a new or modified effluent limitation, compliance with any new or modified effluent
limitation adopted after construction begins that would require additional capital investment
is required no sooner than 16 years after the date the facility begins operating.

Sec. 6.

Minnesota Statutes 2018, section 115.77, subdivision 1, is amended to read:

Subdivision 1.

Fees.

The agency shall collect fees in amounts necessary, but no greater
than the amounts necessary, to cover the reasonable costs of reviewing applications and
issuing certifications. new text begin The fees under this subdivision are subject to legislative approval
under section 16A.1283.
new text end

Sec. 7.

Minnesota Statutes 2018, section 115.84, subdivision 2, is amended to read:

Subd. 2.

Rules.

The agency may adopt rules to govern certification of laboratories
according to this section. deleted text begin Notwithstanding section 16A.1283, the agency may adopt rules
establishing fees.
deleted text end

Sec. 8.

Minnesota Statutes 2018, section 115.84, subdivision 3, is amended to read:

Subd. 3.

Fees.

(a) Until the agency adopts a rule establishing fees for certification, the
agency shall collect fees from laboratories registering with the agency, but not accredited
by the commissioner of health under sections 144.97 to 144.99, in amounts necessary to
cover the reasonable costs of the certification program, including reviewing applications,
issuing certifications, and conducting audits and compliance assistance. new text begin The fees under this
paragraph are subject to legislative approval under section 16A.1283.
new text end

(b) Fees under this section must be based on the number, type, and complexity of
analytical methods that laboratories are certified to perform.

(c) Revenue from fees charged by the agency for certification deleted text begin shall deleted text end new text begin must new text end be credited to
the environmental fund.

Sec. 9.

Minnesota Statutes 2018, section 116.07, subdivision 2, is amended to read:

Subd. 2.

Adopting standards.

(a) The Pollution Control Agency shall improve air
quality by promoting, in the most practicable way possible, the use of energy sources and
waste disposal methods deleted text begin which deleted text end new text begin that new text end produce or emit the least air contaminants consistent
with the agency's overall goal of reducing all forms of pollution. The agency shall also adopt
standards of air quality, including maximum allowable standards of emission of air
contaminants from motor vehicles, recognizing that deleted text begin due to deleted text end new text begin because of new text end variable factors, no
single standard of purity of air is applicable to all areas of the state. In adopting standards new text begin , new text end
the Pollution Control Agency shall give due recognition to the fact that the quantity or
characteristics of air contaminants or the duration of their presence in the atmosphere, which
may cause air pollution in one area of the state, may cause less or not cause any air pollution
in another area of the state, and it shall take into consideration in this connection such factors,
including others deleted text begin which deleted text end new text begin that new text end it may deem proper, as existing physical conditions, zoning
classifications, topography, prevailing wind directions and velocities, and the fact that a
standard of air quality deleted text begin which deleted text end new text begin that new text end may be proper as to an essentially residential area of the
state, may not be proper as to a highly developed industrial area of the state. Such standards
of air quality deleted text begin shall deleted text end new text begin must new text end be premised upon scientific knowledge of causes as well as effects
based on technically substantiated criteria and commonly accepted practices. No local
government unit shall set standards of air quality deleted text begin which deleted text end new text begin that new text end are more stringent than those
set by the Pollution Control Agency. new text begin Consistent with this recognition of the variability of
air contamination levels and conditions across the state, the agency must not apply or enforce
a national or state ambient air quality standard as an applicable standard for an individual
source under an individual facility permit issued according to Code of Federal Regulations,
title 40, part 70, unless the permittee is a temporary source issued a permit under United
States Code, title 42, section 7661c, paragraph (e).
new text end

(b) The Pollution Control Agency shall promote solid waste disposal control by
encouraging the updating of collection systems, elimination of open dumps, and
improvements in incinerator practices. The agency shall also adopt standards for the control
of the collection, transportation, storage, processing, and disposal of solid waste and sewage
sludge for the prevention and abatement of water, air, and land pollution, recognizing that
deleted text begin due to deleted text end new text begin because of new text end variable factors, no single standard of control is applicable to all areas of
the state. In adopting standards, the Pollution Control Agency shall give due recognition to
the fact that elements of control deleted text begin which deleted text end new text begin that new text end may be reasonable and proper in densely
populated areas of the state may be unreasonable and improper in sparsely populated or
remote areas of the state, and it shall take into consideration in this connection such factors,
including others deleted text begin which deleted text end new text begin that new text end it may deem proper, as existing physical conditions, topography,
soils and geology, climate, transportation, and land use. Such standards of control deleted text begin shall deleted text end new text begin
must new text end be premised on technical criteria and commonly accepted practices.

(c) The Pollution Control Agency shall also adopt standards describing the maximum
levels of noise in terms of sound pressure level deleted text begin which deleted text end new text begin that new text end may occur in the outdoor
atmosphere, recognizing that deleted text begin due to deleted text end new text begin because of new text end variable factors no single standard of sound
pressure is applicable to all areas of the state. Such standards deleted text begin shall deleted text end new text begin must new text end give due
consideration to such factors as the intensity of noises, the types of noises, the frequency
with which noises recur, the time period for which noises continue, the times of day during
which noises occur, and such other factors as could affect the extent to which noises may
be injurious to human health or welfare, animal or plant life, or property, or could interfere
unreasonably with the enjoyment of life or property. In adopting standards, the Pollution
Control Agency shall give due recognition to the fact that the quantity or characteristics of
noise or the duration of its presence in the outdoor atmosphere, which may cause noise
pollution in one area of the state, may cause less or not cause any noise pollution in another
area of the state, and it shall take into consideration in this connection such factors, including
others deleted text begin which deleted text end new text begin that new text end it may deem proper, as existing physical conditions, zoning classifications,
topography, meteorological conditions new text begin , new text end and the fact that a standard deleted text begin which deleted text end new text begin that new text end may be proper
in an essentially residential area of the state deleted text begin , deleted text end may not be proper deleted text begin as to deleted text end new text begin in new text end a highly developed
industrial area of the state. Such noise standards deleted text begin shall deleted text end new text begin must new text end be premised upon scientific
knowledge as well as effects based on technically substantiated criteria and commonly
accepted practices. No local governing unit shall set standards describing the maximum
levels of sound pressure deleted text begin which deleted text end new text begin that new text end are more stringent than those set by the Pollution Control
Agency.

(d) The Pollution Control Agency shall adopt standards for the identification of hazardous
waste and for the management, identification, labeling, classification, storage, collection,
transportation, processing, and disposal of hazardous waste, recognizing that deleted text begin due to deleted text end new text begin because
of new text end variable factors, a single standard of hazardous waste control may not be applicable to
all areas of the state. In adopting standards, the Pollution Control Agency shall recognize
that elements of control deleted text begin which deleted text end new text begin that new text end may be reasonable and proper in densely populated areas
of the state may be unreasonable and improper in sparsely populated or remote areas of the
state. The agency shall consider existing physical conditions, topography, soils deleted text begin , deleted text end and geology,
climate, transportation new text begin , new text end and land use. Standards of hazardous waste control deleted text begin shall deleted text end new text begin must new text end be
premised on technical knowledge deleted text begin , deleted text end and commonly accepted practices. Hazardous waste
generator licenses may be issued for a term not to exceed five years. No local government
unit shall set standards of hazardous waste control deleted text begin which deleted text end new text begin that new text end are in conflict or inconsistent
with those set by the Pollution Control Agency.

(e) A person who generates less than 100 kilograms of hazardous waste per month is
exempt from the following agency hazardous waste rules:

(1) rules relating to transportation, manifesting, storage, and labeling for photographic
fixer and x-ray negative wastes that are hazardous solely because of silver content; and

(2) any rule requiring the generator to send to the agency or commissioner a copy of
each manifest for the transportation of hazardous waste for off-site treatment, storage, or
disposal, except that counties within the metropolitan area may require generators to provide
manifests.

Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
accumulation or outdoor storage. A political subdivision or other local unit of government
may not adopt management requirements that are more restrictive than this paragraph.

(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
solid waste, or hazardous waste under this chapter deleted text begin , deleted text end or standards for water quality under
chapter 115, the statement of need and reasonableness must include:

(1) an assessment of any differences between the proposed rule and:

(i) existing federal standards adopted under the Clean Air Act, United States Code, title
42, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections 1312(a)
and 1313(c)(4); and the Resource Conservation and Recovery Act, United States Code, title
42, section 6921(b)(1);

(ii) similar standards in states bordering Minnesota; and

(iii) similar standards in states within the Environmental Protection Agency Region 5;
and

(2) a specific analysis of the need and reasonableness of each difference.

new text begin If the proposed standards in a rulemaking subject to this paragraph are more stringent than
comparable federal standards, the statement of need and reasonableness must, in addition
to the requirements of this paragraph, include documentation that the federal standard does
not provide adequate protection for public health and the environment.
new text end

new text begin (g) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
solid waste, or hazardous waste under this chapter or standards for water quality under
chapter 115, each standard must be expressed in a standard measurement unit of milliliter
(ml) for liquids and milligram (mg) for solids.
new text end

Sec. 10.

Minnesota Statutes 2018, 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 deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin a period of deleted text end up to two years to cover the reasonable costs
of implementing and enforcing the conditions of a permit under the rules of the agency.
new text begin Water fees under this paragraph are subject to legislative approval under section 16A.1283.
new text end Any money collected under this paragraph deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall be deleted text end new text begin is new text end 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 new text begin , new text end 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 deleted text begin shall deleted text end new text begin must new text end 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 project may offer
to reimburse the agency for the costs of staff time or consultant services needed to expedite
the preapplication process and permit development process through the final decision on
the permit, including the analysis of environmental review documents. The reimbursement
deleted text begin shall be deleted text end new text begin is new text end 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 deleted text begin , deleted text end
and that expediting the development is consistent with permitting program priorities, the
agency may accept the reimbursement. The 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 must enter into a written agreement detailing
the estimated costs for the expedited permit decision-making process to be incurred by the
agency. The agreement must also identify staff anticipated to be assigned to the project.
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. Reimbursements 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 deleted text begin shall deleted text end new text begin
must new text end precede and not be contingent upon issuance of a permit; deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end not affect final decisions regarding environmental review.

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

Sec. 11.

Minnesota Statutes 2018, section 116D.04, subdivision 2a, is amended to read:

Subd. 2a.

When prepared.

(a) Where there is potential for significant environmental
effects resulting from any major governmental action, the action deleted text begin shall deleted text end new text begin must new text end be preceded by
a detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement deleted text begin shall deleted text end new text begin must new text end be an analytical rather than an encyclopedic
document deleted text begin which deleted text end new text begin that new text end 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 deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end be prepared as early as practical in the formulation of an action.

(b) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets deleted text begin shall deleted text end new text begin must new text end be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet is not 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 is the state agency with the greatest responsibility for supervising or
approving the project as a whole.

(c) A mandatory environmental impact statement is not 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 is not
considered a fuel conversion facility as used in rules adopted under this chapter.

(d) 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 website 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. new text begin The 30-day comment period may
not be extended unless approved by the project's proposer. new text end The responsible governmental
unit's decision on the need for an environmental impact statement deleted text begin shall deleted text end new text begin must new text end be based on
the environmental assessment worksheet and the comments received during the comment
period, and deleted text begin shall deleted text end new text begin must new text end 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.

(e) An environmental assessment worksheet deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin
must new text end 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 deleted text begin shall deleted text end new text begin must new text end 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.

(f) 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
before 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.

(g) The board may, before 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.

(h) An early and open process deleted text begin shall deleted text end new text begin must new text end be deleted text begin utilized deleted text end new text begin used new text end to limit the scope of the
environmental impact statement to a discussion of those impacts that, because of the nature
or location of the project, have the potential for significant environmental effects. The same
process deleted text begin shall deleted text end new text begin must new text end be deleted text begin utilized deleted text end new text begin used new text end to determine the form, content, and level of detail of the
statement as well as the alternatives that are appropriate for consideration in the statement.
In addition, the permits that will be required for the proposed action deleted text begin shall deleted text end new text begin must new text end be identified
during the scoping process. Further, the process deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall deleted text end new text begin must new text end be incorporated into the order requiring
the preparation of an environmental impact statement.

(i) 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 deleted text begin shall deleted text end new text begin must new text end 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 before 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 deleted text begin utilize deleted text end new text begin use new text end the earliest
applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over
a permit identified in the draft environmental assessment worksheet scoping document must
begin reviewing any permit application upon publication of the notice of preparation of the
environmental impact statement.

(j) An environmental impact statement deleted text begin shall deleted text end new text begin must new text end 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 deleted text begin shall have deleted text end new text begin
has new text end 60 days to prepare an adequate environmental impact statement.

(k) 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 deleted text begin shall deleted text end new text begin must new text end 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 2018, section 216G.01, subdivision 3, is amended to read:

Subd. 3.

Pipeline.

"Pipeline" means a pipeline new text begin owned or operated by a condemning
authority, as defined in section 117.025, subdivision 4, new text end located in this state deleted text begin which deleted text end new text begin that new text end is
used to transport natural or synthetic gas at a pressure of more than 90 pounds per square
inch, or to transport crude petroleum or petroleum fuels or oil or their derivatives, coal,
anhydrous ammonia or any mineral slurry to a distribution center or storage facility deleted text begin which deleted text end new text begin
that new text end is located within or outside of this state. "Pipeline" does not include a pipeline owned
or operated by a natural gas public utility as defined in section 216B.02, subdivision 4.

Sec. 13. new text begin WETLAND REPLACEMENT; FRAMEWORKS FOR IN-LIEU FEE
PROGRAM.
new text end

new text begin The Board of Water and Soil Resources, in cooperation with the United States Army
Corps of Engineers, may complete the planning frameworks and other program application
requirements necessary for federal approval of an in-lieu fee program, as authorized under
Minnesota Statutes, section 103G.2242, in the Red River basin and the greater than 80
percent area. The planning frameworks must contain a prioritization strategy for selecting
and implementing mitigation activities based on a watershed approach that includes
consideration of historic resource loss within watersheds and the extent to which mitigation
can address priority watershed needs. The board must consider the recommendations of the
report "Siting of Wetland Mitigation in Northeast Minnesota," dated March 7, 2014, and
implementation of Minnesota Statutes, section 103B.3355, paragraphs (e) and (f), in
developing proposed planning frameworks for applicable watersheds. When completing
the work and pursuing approval of an in-lieu fee program, the board must do so consistent
with the applicable requirements, stakeholder and agency review processes, and approval
time frames in Code of Federal Regulations, title 33, part 332. Upon receiving federal
approval, the board must submit any completed planning frameworks to the chairs and
ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over environment and natural resources.
new text end

Sec. 14. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes must change the reference in Minnesota Statutes, section 446A.073,
subdivision 1, from "section 115.03, subdivision 1, paragraph (e), clause (8)" to "section
115.03, subdivision 1, paragraph (a), clause (5), item (viii)" and in Minnesota Statutes,
section 446A.073, subdivision 2, from "section 115.03, subdivision 1, paragraph (f)" to
"section 115.03, subdivision 1, paragraph (a), clause (6)."
new text end