HF 2171

4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to state government; clarifying powers of the 
  1.3             pollution control agency board and commissioner; 
  1.4             amending Minnesota Statutes 1994, sections 116.03, as 
  1.5             amended; and 514.673, subdivision 3; Minnesota 
  1.6             Statutes 1995 Supplement, section 116.02, by adding 
  1.7             subdivisions. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.10  116.02, is amended by adding a subdivision to read: 
  1.11     Subd. 6.  The agency shall make final decisions on the 
  1.12  following matters: 
  1.13     (1) a petition for the preparation of an environmental 
  1.14  assessment worksheet, if the project proposer or a person 
  1.15  commenting on the proposal requests that the decision be made by 
  1.16  the agency and the agency requests that it make the decision 
  1.17  under subdivision 8; 
  1.18     (2) the need for an environmental impact statement 
  1.19  following preparation of an environmental assessment worksheet 
  1.20  under applicable rules, if: 
  1.21     (i) the agency has received a request for an environmental 
  1.22  impact statement; 
  1.23     (ii) the project proposer or a person commenting on the 
  1.24  proposal requests that the declaration be made by the agency and 
  1.25  the agency requests that it make the decision under subdivision 
  1.26  8; or 
  2.1      (iii) the commissioner is recommending preparation of an 
  2.2   environmental impact statement; 
  2.3      (3) the scope and adequacy of environmental impact 
  2.4   statements; 
  2.5      (4) issuance, reissuance, modification, or revocation of a 
  2.6   permit if: 
  2.7      (i) a variance is sought in the permit application or a 
  2.8   contested case hearing request is pending; or 
  2.9      (ii) the permit applicant, the permittee, or a person 
  2.10  commenting on the permit action requests that the decision be 
  2.11  made by the agency and the agency requests that it make the 
  2.12  decision under subdivision 8; 
  2.13     (5) final adoption or amendment of agency rules for which a 
  2.14  public hearing is required under section 14.25 or for which the 
  2.15  commissioner decides to proceed directly to a public hearing 
  2.16  under section 14.14, subdivision 1; 
  2.17     (6) approval or denial of an application for a variance 
  2.18  from an agency rule if: 
  2.19     (i) granting the variance request would change an air, 
  2.20  soil, or water quality standard; 
  2.21     (ii) the commissioner has determined that granting the 
  2.22  variance would have a significant environmental impact; or 
  2.23     (iii) the applicant or a person commenting on the variance 
  2.24  request requests that the decision be made by the agency and the 
  2.25  agency requests that it make the decision under subdivision 8; 
  2.26  and 
  2.27     (7) whether to reopen, rescind, or reverse a decision of 
  2.28  the agency. 
  2.29     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.30  116.02, is amended by adding a subdivision to read: 
  2.31     Subd. 7.  The commissioner may request that the agency make 
  2.32  additional decisions or provide advice to the commissioner. 
  2.33     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  2.34  116.02, is amended by adding a subdivision to read: 
  2.35     Subd. 8.  Any other action not specifically within the 
  2.36  authority of the commissioner shall be made by the agency if: 
  3.1      (1) prior to the commissioner's final decision on the 
  3.2   action, one or more members of the agency notify the 
  3.3   commissioner of their request that the decision be made by the 
  3.4   agency; or 
  3.5      (2) any person submits a petition to the commissioner 
  3.6   requesting that the decision be made by the agency and the 
  3.7   commissioner grants the petition.  
  3.8      If the commissioner denies a petition submitted under 
  3.9   clause (2), the commissioner shall advise the agency and the 
  3.10  petitioner of the reasons for the denial.  
  3.11     Sec. 4.  Minnesota Statutes 1995 Supplement, section 
  3.12  116.02, is amended by adding a subdivision to read: 
  3.13     Subd. 9.  The commissioner shall inform interested persons 
  3.14  as appropriate in public notices and other public documents of 
  3.15  their right to request the agency to make decisions in specific 
  3.16  matters provided in subdivision 6 and the right of agency 
  3.17  members to request that decisions be made by the agency as 
  3.18  provided in subdivision 8.  The commissioner shall also 
  3.19  regularly inform the agency of activities that have broad policy 
  3.20  implications or potential environmental significance and of 
  3.21  activities in which the public has exhibited substantial 
  3.22  interest.  
  3.23     Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  3.24  116.02, is amended by adding a subdivision to read: 
  3.25     Subd. 10.  (a) The agency must not reopen, rescind, or 
  3.26  reverse a decision of the agency except upon:  
  3.27     (1) the affirmative vote of two-thirds of the agency; or 
  3.28     (2) a finding that there was an irregularity in a hearing 
  3.29  related to the decision, an error of law, or a newly discovered 
  3.30  material issue of fact. 
  3.31     (b) The requirements in paragraph (a) are minimum 
  3.32  requirements and do not limit the agency's authority under 
  3.33  sections 14.06 and 116.07, subdivision 3, to adopt rules: 
  3.34     (1) applying the requirement in paragraph (a), clause (1) 
  3.35  or (2), to certain decisions of the agency; or 
  3.36     (2) establishing additional or more stringent requirements 
  4.1   for reopening, rescinding, or reversing decisions of the agency. 
  4.2      Sec. 6.  Minnesota Statutes 1994, section 116.03, as 
  4.3   amended by Laws 1995, chapters 186, section 31, and 248, article 
  4.4   11, section 7, is amended to read: 
  4.5      116.03 [COMMISSIONER.] 
  4.6      Subdivision 1.  (a) The office of commissioner of the 
  4.7   pollution control agency is created and is under the supervision 
  4.8   and control of the commissioner, who is appointed by the 
  4.9   governor under the provisions of section 15.06. 
  4.10     (b) The commissioner may appoint a deputy director and an 
  4.11  assistant commissioner and assistant commissioners who shall be 
  4.12  in the unclassified service. 
  4.13     (c) The commissioner shall make all decisions on behalf of 
  4.14  the agency that are not required to be made by the agency under 
  4.15  section 116.02. 
  4.16     Subd. 2.  The commissioner shall organize the agency and 
  4.17  employ such assistants and other officers, employees and agents 
  4.18  as the commissioner may deem necessary to discharge the 
  4.19  functions of the commissioner's office, define the duties of 
  4.20  such officers, employees and agents, and delegate to them any of 
  4.21  the commissioner's powers, duties, and responsibilities, subject 
  4.22  to the commissioner's control and under such conditions as the 
  4.23  commissioner may prescribe.  The commissioner may also contract 
  4.24  with persons, firms, corporations, the federal government and 
  4.25  any agency or instrumentality thereof, the water research center 
  4.26  of the University of Minnesota or any other instrumentality of 
  4.27  such university, for doing any of the work of the commissioner's 
  4.28  office, and none of the provisions of chapter 16B, relating to 
  4.29  bids, shall apply to such contracts.  All personnel employed and 
  4.30  all contracts entered into pursuant to this subdivision shall be 
  4.31  subject to the approval of the pollution control agency. 
  4.32  Agreements to exercise delegated powers shall be by written 
  4.33  order filed with the secretary of state.  An employee of the 
  4.34  state commissioner of health engaged in environmental sanitation 
  4.35  work may transfer to the pollution control agency with the 
  4.36  approval of the commissioner.  Under such a transfer the 
  5.1   employee shall be assigned to a position of similar 
  5.2   responsibility and pay without loss of seniority, vacation, sick 
  5.3   leave, or other benefits under the state civil service act. 
  5.4      Subd. 2a.  [MISSION; EFFICIENCY.] It is part of the 
  5.5   agency's mission that within the agency's resources the 
  5.6   commissioner and the members of the agency shall endeavor to: 
  5.7      (1) prevent the waste or unnecessary spending of public 
  5.8   money; 
  5.9      (2) use innovative fiscal and human resource practices to 
  5.10  manage the state's resources and operate the agency as 
  5.11  efficiently as possible; 
  5.12     (3) coordinate the agency's activities wherever appropriate 
  5.13  with the activities of other governmental agencies; 
  5.14     (4) use technology where appropriate to increase agency 
  5.15  productivity, improve customer service, increase public access 
  5.16  to information about government, and increase public 
  5.17  participation in the business of government; 
  5.18     (5) utilize constructive and cooperative labor-management 
  5.19  practices to the extent otherwise required by chapters 43A and 
  5.20  179A; 
  5.21     (6) include specific objectives in the performance report 
  5.22  required under section 15.91 to increase the efficiency of 
  5.23  agency operations, when appropriate; and 
  5.24     (7) recommend to the legislature, in the performance report 
  5.25  of the agency required under section 15.91, appropriate changes 
  5.26  in law necessary to carry out the mission of the agency. 
  5.27     Subd. 3.  The commissioner of the pollution control agency 
  5.28  is the state agent to apply for, receive, and disburse federal 
  5.29  funds made available to the state by federal law or rules and 
  5.30  regulations promulgated thereunder for any purpose related to 
  5.31  the powers and duties of the pollution control agency or the 
  5.32  commissioner.  The commissioner shall comply with any and all 
  5.33  requirements of such federal law or such rules and regulations 
  5.34  promulgated thereunder to facilitate application for, receipt, 
  5.35  and disbursement of such funds.  All such moneys received by the 
  5.36  commissioner shall be deposited in the state treasury and are 
  6.1   hereby annually appropriated to the commissioner for the 
  6.2   purposes for which they are received.  None of such moneys in 
  6.3   the state treasury shall cancel and they shall be available for 
  6.4   expenditure in accordance with the requirements of federal law. 
  6.5      The provisions of section 3.3005 shall not apply to money 
  6.6   available under the federal Comprehensive Environmental 
  6.7   Response, Compensation, and Liability Act of 1980, United States 
  6.8   Code, title 42, sections 9601 to 9657, for which a state match 
  6.9   is not required or for which a state match is available under 
  6.10  the Environmental Response and Liability Act or from a political 
  6.11  subdivision.  The receipt of the money shall be reported to the 
  6.12  legislative advisory commission. 
  6.13     Subd. 4.  Before entering upon the duties of the office the 
  6.14  commissioner of the pollution control agency shall take and 
  6.15  subscribe an oath. 
  6.16     Subd. 5.  The salary of the commissioner of the pollution 
  6.17  control agency shall be prescribed by the governor, unless 
  6.18  otherwise fixed by law. 
  6.19     Subd. 6.  The term of the first director of the pollution 
  6.20  control agency shall expire with the term of the governor 
  6.21  expiring in January, 1971.  Thereafter, the term of the 
  6.22  commissioner shall be in conformity with the provisions of this 
  6.23  section. 
  6.24     Sec. 7.  Minnesota Statutes 1994, section 514.673, 
  6.25  subdivision 3, is amended to read: 
  6.26     Subd. 3.  [APPROVAL BY AGENCY OR PETROLEUM TANK RELEASE 
  6.27  COMPENSATION BOARD.] (a) The commissioner may not file an 
  6.28  environmental lien notice until the agency board for cleanup 
  6.29  action expenses incurred under chapter 115B, or the petroleum 
  6.30  tank release compensation board for cleanup action expenses 
  6.31  incurred under chapter 115C, the person referred to in section 
  6.32  514.672, subdivision 1, and each record owner and mortgagee of 
  6.33  the real property have been notified in writing of the 
  6.34  commissioner's intention to file the lien notice and the 
  6.35  requirements for filing the lien under paragraph (b) have been 
  6.36  met. 
  7.1      (b) By 30 days after receiving notification from the 
  7.2   commissioner under paragraph (a), the agency board or petroleum 
  7.3   tank release compensation board, after notice and opportunity 
  7.4   for the person referred to in section 514.672, subdivision 1, to 
  7.5   appear before the appropriate board, shall approve or disapprove 
  7.6   of the filing of the lien by the commissioner.  If the 
  7.7   appropriate board disapproves of the filing, the lien may not be 
  7.8   filed.  If the appropriate board approves of the filing or, in 
  7.9   the case of the petroleum tank release compensation board, takes 
  7.10  no action on the matter within the 30-day period, the 
  7.11  commissioner may file the lien notice. 
  7.12     Sec. 8.  [EFFECTIVE DATE.] 
  7.13     Sections 1 to 7 are effective June 1, 1996.