HF 3750

as introduced - 89th Legislature (2015 - 2016) Posted on 03/31/2016 12:32pm

A bill for an act
relating to natural resources; regulating permits to mine; modifying appeal
provisions; amending Minnesota Statutes 2014, sections 93.481, subdivision
2; 93.50.

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

Section 1.

Minnesota Statutes 2014, section 93.481, subdivision 2, is amended to read:

Subd. 2.

Commissioner's review; hearing; burden of proof.

deleted text begin Within 120 days
after receiving the application, or after receiving additional information requested, or after
holding a hearing as provided in this section, the commissioner shall grant the permit
applied for, with or without modifications or conditions, or deny the application. deleted text end new text begin (a) It is
the goal of the state that the permit to mine be either issued with or without modifications
or conditions, or denied, within the time period specified in section 84.027, subdivision
14a, for Tier 2 permits. new text end

deleted text begin If deleted text end new text begin (b) new text end Written objections to the proposed application deleted text begin are deleted text end new text begin may be new text end filed with the
commissioner within 30 days after the last publication required pursuant to this section
or within seven days after publication in the case of an application to conduct lean ore
stockpile removal, by new text begin :
new text end

new text begin (1) new text end any person owning new text begin real new text end property deleted text begin which will be affected by deleted text end new text begin adjacent to new text end the
proposed operation new text begin ; new text end or

deleted text begin by deleted text end new text begin (2) new text end any federal, state, or local governmental agency having deleted text begin responsibilities
affected by deleted text end new text begin regulatory approval authority for new text end the proposed operations deleted text begin , a public hearing
shall be held by the commissioner deleted text end new text begin .
new text end

new text begin (c) If an objection is filed by a person meeting the criteria in paragraph (b), clause
(1) or (2), the commissioner shall determine:
new text end

new text begin (1) whether the objection raises a material issue of fact, relating to (i) the effect of
the proposed operation on the property of the objecting adjacent property owner; or (ii)
matters falling within the regulatory approval authority of the objecting federal, state, or
local governmental agency;
new text end

new text begin (2) whether the commissioner has jurisdiction under sections 93.44 to 93.51 to
resolve the issue; and
new text end

new text begin (3) whether there is a reasonable basis underlying the issue of fact such that holding
a public hearing would allow the presentation of new relevant information that would
aid the commissioner in resolving the issues and making a final determination on the
issuance of the permit to mine.
new text end

new text begin (d) If the commissioner determines that a public hearing is warranted, the hearing
must be held new text end in the locality of the proposed operations within deleted text begin 30 deleted text end new text begin 60 new text end days of receipt of
such written objections deleted text begin and after appropriate notice and publication of the date, time,
and location of the hearing deleted text end . new text begin The commissioner must provide electronic notice of the
public hearing. The hearing is not a contested case hearing conducted for purposes of
sections 14.57 to 14.62 and must be conducted by the commissioner or the commissioner's
designated representative. The information provided at the hearing must be used by the
commissioner in making a final decision on whether to issue a permit to mine.
new text end

new text begin (e) new text end The commissioner shall determine that the reclamation or restoration planned
for the operation complies with lawful requirements and can be accomplished under
available technology and that a proposed reclamation or restoration technique is practical
and workable under available technology.

Sec. 2.

Minnesota Statutes 2014, section 93.50, is amended to read:

93.50 APPEAL.

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