Minnesota Legislature
HF 2569
as introduced - 93rd Legislature (2023 - 2024) Posted on 03/06/2023 11:40am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/03/2023 |
Current Version - as introduced
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A bill for an act
relating to environment; providing for coordinated plans to complete environmental
review and other state agency actions; requiring reports; proposing coding for new
law in Minnesota Statutes, chapters 84; 116.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[84.0265] ENVIRONMENTAL REVIEW AND PERMITTING;
COORDINATED PROJECT PLANS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
In this section, the following terms have the meanings given:
new text end
new text begin
(1) "commissioner" means the commissioner of natural resources;
new text end
new text begin
(2) "coordinated project plan" or "plan" means a plan to ensure that any required
environmental review and other required state agency actions are completed efficiently by
coordinating and establishing deadlines for all necessary state agency actions;
new text end
new text begin
(3) "eligible project" means:
new text end
new text begin
(i) a project that requires an environmental assessment worksheet or an environmental
impact statement under chapter 116D; or
new text end
new text begin
(ii) a license, permit, certificate, certification, approval, compliance schedule, or other
authorization for which approval includes considerations to protect land, air, or water
resources and that:
new text end
new text begin
(A) must be obtained from the commissioner before constructing or operating a facility
in the state; or
new text end
new text begin
(B) will have a significant impact on regulatory requirements for constructing or operating
a facility; and
new text end
new text begin
(4) "state agency" means an office, board, commission, authority, department, or other
agency of the executive branch of state government.
new text end
new text begin Subd. 2. new text end
new text begin State policy. new text end
new text begin
It is the goal of the state to maximize the coordination,
effectiveness, transparency, and accountability of environmental review, environmental
permitting, and other critical regulatory actions for facilities in Minnesota.
new text end
new text begin Subd. 3. new text end
new text begin Early communication; identifying issues. new text end
new text begin
(a) To the extent practicable, the
commissioner must establish and provide an expeditious process for a person requesting or
planning to request a coordinated project plan to confer with the commissioner, other state
agencies, and federal, Tribal, and local agencies and to obtain from those agencies
information about:
new text end
new text begin
(1) the availability of any information and tools, including preapplication toolkits, to
facilitate early planning efforts;
new text end
new text begin
(2) key issues of concern to each agency and to the public; and
new text end
new text begin
(3) issues that must be addressed before an environmental review, permit action, or other
required action by a state agency can be completed.
new text end
new text begin
(b) The commissioner and other state agencies must identify, as early as practicable,
any issues of concern regarding the potential environmental impacts related to an eligible
project, including any issues that could substantially delay or prevent a state agency from
completing agency decisions.
new text end
new text begin Subd. 4. new text end
new text begin Plan preparation; participating agencies. new text end
new text begin
(a) A person who submits an
application for an eligible project to the commissioner may request that the commissioner
prepare a coordinated project plan to complete any required environmental review and other
agency actions for the eligible project. A plan may be incorporated into a memorandum of
understanding with other state and federal agencies and Tribes.
new text end
new text begin
(b) Within 60 days of receiving a request under paragraph (a), the commissioner must
prepare a coordinated project plan in consultation with the requestor and other state agencies
identified under paragraph (c).
new text end
new text begin
(c) Any state agency that has environmental review, permitting, or other regulatory
authority over the eligible project or that intends to comment on environmental review or
an application for the eligible project must participate in developing a coordinated project
plan.
new text end
new text begin Subd. 5. new text end
new text begin Plan contents; synchronization; updates. new text end
new text begin
(a) A coordinated project plan must
include:
new text end
new text begin
(1) a list of all state agencies with environmental review, permitting, or other regulatory
authority over the eligible project and an explanation of each agency's specific role and
responsibilities for actions under the coordinated project plan;
new text end
new text begin
(2) plans and a schedule for any public and Tribal outreach and coordination; and
new text end
new text begin
(3) a comprehensive schedule of deadlines by which all environmental reviews, permits,
and other state agency actions, including those at the federal level to the extent practicable,
must be completed. The deadlines established under this clause must include intermediate
and final completion deadlines for actions by each state agency and must be consistent with
subdivision 6.
new text end
new text begin
(b) To the extent practicable under applicable law, the commissioner and participating
state agencies must synchronize state environmental review, permitting, and decision
processes listed in the coordinated project plan with any federal, local, or Tribal agency
responsible for conducting a review or authorization related to an eligible project to ensure
timely and efficient completion of environmental reviews and state agency decisions. To
the extent practicable, any synchronization plan must be included in a memorandum of
understanding with affected agencies.
new text end
new text begin
(c) The commissioner must update a coordinated project plan quarterly.
new text end
new text begin Subd. 6. new text end
new text begin Required deadlines. new text end
new text begin
(a) Deadlines established in a coordinated project plan
must comply with this subdivision.
new text end
new text begin
(b) When an environmental assessment worksheet is prepared for an eligible project for
which an environmental impact statement is not mandatory under Minnesota Rules, chapter
4410, the decision on the need for an environmental impact statement must be made as
expeditiously as possible but no later than 18 months after the environmental assessment
worksheet is submitted.
new text end
new text begin
(c) When an environmental impact statement is prepared for an eligible project, the
decision on the adequacy of the final environmental impact statement must be made as
expeditiously as possible but no later than three years after the data for the environmental
assessment worksheet is submitted.
new text end
new text begin
(d) If the commissioner includes plan deadlines that are inconsistent with paragraphs
(b) and (c), then within 30 days of finalizing the plan, the commissioner must report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over natural resources policy to explain how deadlines were established and
why the deadlines under paragraphs (b) and (c) are not attainable. The anticipated time
required to obtain a federal permit or decision may not serve as the sole basis for a decision
to deviate from the deadlines under paragraphs (b) and (c).
new text end
new text begin Subd. 7. new text end
new text begin Deadline compliance; modification. new text end
new text begin
(a) A state agency that participates in
developing a coordinated project plan must comply with deadlines established in the plan.
If a participating state agency fails to meet a deadline established in a coordinated project
plan or anticipates failing to meet a deadline, the state agency must immediately notify the
commissioner to explain the reason for the failure or anticipated failure and to propose a
date for a modified deadline.
new text end
new text begin
(b) The commissioner may modify a deadline established in a coordinated project plan
only if:
new text end
new text begin
(1) the commissioner or state agency provides the person that requested the plan with a
written justification for the modification; and
new text end
new text begin
(2) the commissioner and the state agency, after consultation with the person that
requested the plan, mutually agree on a different deadline.
new text end
new text begin
(c) If the combined modifications to one or more deadlines established in a coordinated
project plan extend the initially anticipated final decision date for an eligible project
application by more than 20 percent, then within 30 days of the last modification, the
commissioner must report to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over natural resources policy to explain the
reason the modifications are necessary. For purposes of calculating the percentage of time
that modifications have extended the anticipated final decision date, modifications made
necessary by reasons wholly outside the control of state agencies must not be considered.
new text end
new text begin Subd. 8. new text end
new text begin Annual report. new text end
new text begin
The commissioner must annually submit to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
natural resources policy a report on progress toward required actions described in a
coordinated project plan until the required actions are completed or the requestor withdraws
the plan request.
new text end
new text begin Subd. 9. new text end
new text begin Relation to other law. new text end
new text begin
Nothing in this section is to be construed to require an
act that conflicts with applicable federal law. Nothing in this section affects the specific
statutory obligations of a state agency to comply with criteria or standards of environmental
quality.
new text end
Sec. 2.
new text begin
[116.035] ENVIRONMENTAL REVIEW AND PERMITTING;
COORDINATED PROJECT PLANS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
In this section, the following terms have the meanings given:
new text end
new text begin
(1) "commissioner" means the commissioner of the Pollution Control Agency;
new text end
new text begin
(2) "coordinated project plan" or "plan" means a plan to ensure that any required
environmental review and other required state agency actions are completed efficiently by
coordinating and establishing deadlines for all necessary state agency actions;
new text end
new text begin
(3) "eligible project" means:
new text end
new text begin
(i) a project that requires an environmental assessment worksheet or an environmental
impact statement under chapter 116D; or
new text end
new text begin
(ii) a license, permit, certificate, certification, approval, compliance schedule, or other
authorization for which approval includes considerations to protect land, air, or water
resources and that:
new text end
new text begin
(A) must be obtained from the commissioner before constructing or operating a facility
in the state; or
new text end
new text begin
(B) will have a significant impact on regulatory requirements for constructing or operating
a facility; and
new text end
new text begin
(4) "state agency" means an office, board, commission, authority, department, or other
agency of the executive branch of state government.
new text end
new text begin Subd. 2. new text end
new text begin State policy. new text end
new text begin
It is the goal of the state to maximize the coordination,
effectiveness, transparency, and accountability of environmental review, environmental
permitting, and other critical regulatory actions for facilities in Minnesota.
new text end
new text begin Subd. 3. new text end
new text begin Early communication; identifying issues. new text end
new text begin
(a) To the extent practicable, the
commissioner must establish and provide an expeditious process for a person requesting or
planning to request a coordinated project plan to confer with the commissioner, other state
agencies, and federal, Tribal, and local agencies and to obtain from those agencies
information about:
new text end
new text begin
(1) the availability of any information and tools, including preapplication toolkits, to
facilitate early planning efforts;
new text end
new text begin
(2) key issues of concern to each agency and to the public; and
new text end
new text begin
(3) issues that must be addressed before an environmental review, permit action, or other
required action by a state agency can be completed.
new text end
new text begin
(b) The commissioner and other state agencies must identify, as early as practicable,
any issues of concern regarding the potential environmental impacts related to an eligible
project, including any issues that could substantially delay or prevent a state agency from
completing agency decisions.
new text end
new text begin Subd. 4. new text end
new text begin Plan preparation; participating agencies. new text end
new text begin
(a) A person who submits an
application for an eligible project to the commissioner may request that the commissioner
prepare a coordinated project plan to complete any required environmental review and other
agency actions for the eligible project. A plan may be incorporated into a memorandum of
understanding with other state and federal agencies and Tribes.
new text end
new text begin
(b) Within 60 days of receiving a request under paragraph (a), the commissioner must
prepare a coordinated project plan in consultation with the requestor and other state agencies
identified under paragraph (c).
new text end
new text begin
(c) Any state agency that has environmental review, permitting, or other regulatory
authority over the eligible project or that intends to comment on environmental review or
an application for the eligible project must participate in developing a coordinated project
plan.
new text end
new text begin Subd. 5. new text end
new text begin Plan contents; synchronization; updates. new text end
new text begin
(a) A coordinated project plan must
include:
new text end
new text begin
(1) a list of all state agencies with environmental review, permitting, or other regulatory
authority over the eligible project and an explanation of each agency's specific role and
responsibilities for actions under the coordinated project plan;
new text end
new text begin
(2) plans and a schedule for any public and Tribal outreach and coordination; and
new text end
new text begin
(3) a comprehensive schedule of deadlines by which all environmental reviews, permits,
and other state agency actions, including those at the federal level to the extent practicable,
must be completed. The deadlines established under this clause must include intermediate
and final completion deadlines for actions by each state agency and must be consistent with
subdivision 6.
new text end
new text begin
(b) To the extent practicable under applicable law, the commissioner and participating
state agencies must synchronize state environmental review, permitting, and decision
processes listed in the coordinated project plan with any federal, local, or Tribal agency
responsible for conducting a review or authorization related to an eligible project to ensure
timely and efficient completion of environmental reviews and state agency decisions. To
the extent practicable, any synchronization plan must be included in a memorandum of
understanding with affected agencies.
new text end
new text begin
(c) The commissioner must update a coordinated project plan quarterly.
new text end
new text begin Subd. 6. new text end
new text begin Required deadlines. new text end
new text begin
(a) Deadlines established in a coordinated project plan
must comply with this subdivision.
new text end
new text begin
(b) When an environmental assessment worksheet is prepared for an eligible project for
which an environmental impact statement is not mandatory under Minnesota Rules, chapter
4410, the decision on the need for an environmental impact statement must be made as
expeditiously as possible but no later than 18 months after the environmental assessment
worksheet is submitted.
new text end
new text begin
(c) When an environmental impact statement is prepared for an eligible project, the
decision on the adequacy of the final environmental impact statement must be made as
expeditiously as possible but no later than three years after the data for the environmental
assessment worksheet is submitted.
new text end
new text begin
(d) If the commissioner includes plan deadlines that are inconsistent with paragraphs
(b) and (c), then within 30 days of finalizing the plan, the commissioner must report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over natural resources policy to explain how deadlines were established and
why the deadlines under paragraphs (b) and (c) are not attainable. The anticipated time
required to obtain a federal permit or decision may not serve as the sole basis for a decision
to deviate from the deadlines under paragraphs (b) and (c).
new text end
new text begin Subd. 7. new text end
new text begin Deadline compliance; modification. new text end
new text begin
(a) A state agency that participates in
developing a coordinated project plan must comply with deadlines established in the plan.
If a participating state agency fails to meet a deadline established in a coordinated project
plan or anticipates failing to meet a deadline, the state agency must immediately notify the
commissioner to explain the reason for the failure or anticipated failure and to propose a
date for a modified deadline.
new text end
new text begin
(b) The commissioner may modify a deadline established in a coordinated project plan
only if:
new text end
new text begin
(1) the commissioner or state agency provides the person that requested the plan with a
written justification for the modification; and
new text end
new text begin
(2) the commissioner and the state agency, after consultation with the person that
requested the plan, mutually agree on a different deadline.
new text end
new text begin
(c) If the combined modifications to one or more deadlines established in a coordinated
project plan extend the initially anticipated final decision date for an eligible project
application by more than 20 percent, then within 30 days of the last modification, the
commissioner must report to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over natural resources policy to explain the
reason the modifications are necessary. For purposes of calculating the percentage of time
that modifications have extended the anticipated final decision date, modifications made
necessary by reasons wholly outside the control of state agencies must not be considered.
new text end
new text begin Subd. 8. new text end
new text begin Annual report. new text end
new text begin
The commissioner must annually submit to the chairs and
ranking minority members of the legislative committees and divisions with jurisdiction over
natural resources policy a report on progress toward required actions described in a
coordinated project plan until the required actions are completed or the requestor withdraws
the plan request.
new text end
new text begin Subd. 9. new text end
new text begin Relation to other law. new text end
new text begin
Nothing in this section is to be construed to require an
act that conflicts with applicable federal law. Nothing in this section affects the specific
statutory obligations of a state agency to comply with criteria or standards of environmental
quality.
new text end