Minnesota Legislature
HF 2593
as introduced - 89th Legislature (2015 - 2016) Posted on 03/16/2016 01:20pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 01/29/2016 |
Current Version - as introduced
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A bill for an act
relating to environment; reinstating the Minnesota Pollution Control Agency
Citizens' Board; amending Minnesota Statutes 2015 Supplement, sections
116.02; 116.03, subdivisions 1, 2a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2015 Supplement, section 116.02, is amended to read:
116.02 POLLUTION CONTROL AGENCY, CREATION AND POWERS.
Subdivision 1.
Creation.
A pollution control agency, designated as the Minnesota
Pollution Control Agency, is hereby created.new text begin The agency consists of the commissioner
and a citizens' board of eight members appointed by the governor, by and with the advice
and consent of the senate. One member must be a person knowledgeable in the field of
agriculture, and one must be a representative of organized labor.
new text end
new text begin Subd. 2a. new text end
new text begin Terms; compensation; removal; vacancies. new text end
new text begin
The membership terms,
compensation, removal of members, and filling of vacancies on the Minnesota Pollution
Control Agency Citizens' Board are as provided in section 15.0575.
new text end
new text begin Subd. 3a. new text end
new text begin Membership. new text end
new text begin
The membership of the Minnesota Pollution Control
Agency Citizens' Board must be broadly representative of the skills and experience
necessary to effectuate the policy of sections 116.01 to 116.075, except that no member
other than the commissioner may be an officer or employee of the state or federal
government. Only two members at one time may be officials or employees of a
municipality or governmental subdivision, but neither may be a member ex officio or
otherwise on the management board of a municipal sanitary sewage disposal system.
new text end
new text begin Subd. 4a. new text end
new text begin Chair. new text end
new text begin
The commissioner serves as chair of the Minnesota Pollution
Control Agency Citizens' Board. The board shall elect other officers as the board deems
necessary.
new text end
Subd. 5.
Agency is successor to commission.
The Pollution Control Agency is
the successor of the Water Pollution Control Commission, and all powers and duties now
vested in or imposed upon said commission by chapter 115, or any act amendatory thereof
or supplementary thereto, are hereby transferred to, imposed upon, and vested in the
commissioner of the Pollution Control Agencynew text begin , except those powers and duties assigned
to the Minnesota Pollution Control Agency Citizens' Boardnew text end .
new text begin Subd. 6a. new text end
new text begin Required decisions. new text end
new text begin
The Minnesota Pollution Control Agency Citizens'
Board shall make final decisions on the following matters:
new text end
new text begin
(1) a petition for the preparation of an environmental assessment worksheet, if the
project proposer or a person commenting on the proposal requests that the decision be
made by the board and the board requests that it make the decision under subdivision 8a;
new text end
new text begin
(2) the need for an environmental impact statement following preparation of an
environmental assessment worksheet under applicable rules if:
new text end
new text begin
(i) the board has received a request for an environmental impact statement;
new text end
new text begin
(ii) the project proposer or a person commenting on the proposal requests that the
declaration be made by the board and the board requests that it make the decision under
subdivision 8a; or
new text end
new text begin
(iii) the commissioner is recommending preparation of an environmental impact
statement;
new text end
new text begin
(3) the scope and adequacy of environmental impact statements;
new text end
new text begin
(4) issuance, reissuance, modification, or revocation of a permit if:
new text end
new text begin
(i) a variance is sought in the permit application or a contested case hearing request
is pending; or
new text end
new text begin
(ii) the permit applicant, the permittee, or a person commenting on the permit action
requests that the decision be made by the board and the board requests that it make the
decision under subdivision 8a;
new text end
new text begin
(5) final adoption or amendment of agency rules for which a public hearing is
required under section 14.25 or for which the commissioner decides to proceed directly to
a public hearing under section 14.14, subdivision 1;
new text end
new text begin
(6) approval or denial of an application for a variance from an agency rule if:
new text end
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(i) granting the variance request would change an air, soil, or water-quality standard;
new text end
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(ii) the commissioner has determined that granting the variance would have a
significant environmental impact; or
new text end
new text begin
(iii) the applicant or a person commenting on the variance request requests that the
decision be made by the board and the board requests that it make the decision under
subdivision 8a; and
new text end
new text begin
(7) whether to reopen, rescind, or reverse a decision of the board.
new text end
new text begin Subd. 7a. new text end
new text begin Additional decisions. new text end
new text begin
The commissioner may request that the Minnesota
Pollution Control Agency Citizens' Board make additional decisions or provide advice to
the commissioner.
new text end
new text begin Subd. 8a. new text end
new text begin Other actions. new text end
new text begin
Any other action not specifically within the authority of the
commissioner must be made by the Minnesota Pollution Control Agency Citizens' Board if:
new text end
new text begin
(1) prior to the commissioner's final decision on the action, one or more members of
the board notify the commissioner of their request that the decision be made by the board; or
new text end
new text begin
(2) any person submits a petition to the commissioner requesting that the decision
be made by the board and the commissioner grants the petition. If the commissioner
denies a petition submitted under this clause, the commissioner must advise the board and
the petitioner of the reasons for the denial.
new text end
new text begin Subd. 9a. new text end
new text begin Informing public. new text end
new text begin
The commissioner must inform interested persons,
as appropriate, in public notices and other public documents of their right to request the
Minnesota Pollution Control Agency Citizens' Board to make decisions in specific matters
provided in subdivision 6a and the right of board members to request that decisions be made
by the board as provided in subdivision 8a. The commissioner must also regularly inform
the board of activities that have broad policy implications or potential environmental
significance and of activities in which the public has exhibited substantial interest.
new text end
new text begin Subd. 11. new text end
new text begin Changing decisions. new text end
new text begin
(a) The Minnesota Pollution Control Agency
Citizens' Board must not reopen, rescind, or reverse a decision of the board except upon:
new text end
new text begin
(1) the affirmative vote of two-thirds of the board; or
new text end
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(2) a finding that there was an irregularity in a hearing related to the decision, an
error of law, or a newly discovered material issue of fact.
new text end
new text begin
(b) The requirements in paragraph (a) are minimum requirements and do not limit
the agency's authority under sections 14.06 and 116.07, subdivision 3, to adopt rules:
new text end
new text begin
(1) applying the requirement in paragraph (a), clause (1) or (2), to certain decisions
of the board; or
new text end
new text begin
(2) establishing additional or more stringent requirements for reopening, rescinding,
or reversing decisions of the board.
new text end
Sec. 2.
Minnesota Statutes 2015 Supplement, section 116.03, subdivision 1, is
amended to read:
Subdivision 1.
Office.
(a) The Office of Commissioner of the Pollution Control
Agency is created and is under the supervision and control of the commissioner, who is
appointed by the governor under the provisions of section 15.06.
(b) The commissioner may appoint a deputy commissioner and assistant
commissioners who shall be in the unclassified service.
(c) The commissioner shall make all decisions on behalf of the agencynew text begin that are not
required to be made by the Minnesota Pollution Control Agency Citizens' Board under
section 116.02new text end .
Sec. 3.
Minnesota Statutes 2015 Supplement, section 116.03, subdivision 2a, is
amended to read:
Subd. 2a.
Mission; efficiency.
It is part of the agency's mission that within the
agency's resources the commissioner new text begin and the Minnesota Pollution Control Agency
Citizens' Board new text end shall endeavor to:
(1) prevent the waste or unnecessary spending of public money;
(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the agency as efficiently as possible;
(3) coordinate the agency's activities wherever appropriate with the activities of
other governmental agencies;
(4) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;
(5) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;
(6) report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1; and
(7) recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the agency.
Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall prepare draft legislation to amend statutes to conform
with the changes to the Minnesota Pollution Control Agency under section 1. By January
1, 2017, the revisor shall submit the proposed legislation to the chairs of the house of
representatives and senate legislative committees having jurisdiction over environment
policy.
new text end