HF 3901

as introduced - 90th Legislature (2017 - 2018) Posted on 03/15/2018 02:30pm

A bill for an act
relating to natural resources; governing complaints related to permits to mine or
process aggregate resources and withholding of certain state-aid funds; amending
Minnesota Statutes 2016, sections 162.07, by adding a subdivision; 162.081, by
adding a subdivision; 162.13, by adding a subdivision; 162.145, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 84.

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

Section 1.

new text begin [84.9401] AGGREGATE RESOURCES PERMIT COMPLAINTS.
new text end

new text begin (a) A person may file a written complaint with the commissioner of natural resources if
the person believes a local unit of government has unnecessarily delayed, denied, or
established conditions for a conditional land use permit or other permit necessary to mine
or temporarily process aggregate resources used for roads. The complaint must be filed in
a manner determined by the commissioner. The commissioner must review the complaint
to determine whether the local unit of government acted outside of its authority or established
unnecessary conditions for a permit. If the commissioner determines the local unit of
government acted outside of its authority or established unnecessary conditions, the
commissioner must provide an impeded activity determination to the commissioner of
transportation.
new text end

new text begin (b) At the request of a local unit of government, the commissioner of natural resources
must review the status of an impeded activity determination previously made under this
section. If the commissioner of natural resources confirms the local unit of government is
no longer acting outside of its authority or establishing unnecessary conditions, the
commissioner of natural resources must provide a cancellation notice terminating the impeded
activity determination to the commissioner of transportation.
new text end

Sec. 2.

Minnesota Statutes 2016, section 162.07, is amended by adding a subdivision to
read:

new text begin Subd. 7. new text end

new text begin Withholding funds. new text end

new text begin (a) Following receipt of an impeded activity determination
from the commissioner of natural resources under section 84.9401 identifying a county, the
commissioner of transportation must withhold distribution of the apportionment sum and
the excess sum, as provided in subdivisions 1a, 1b, and 1c, to the identified county. The
withholding applies beginning with funds distribution the following calendar year and
continues each year thereafter unless the commissioner of transportation receives a
cancellation notice for the county from the commissioner of natural resources under section
84.9401.
new text end

new text begin (b) Funds withheld under this subdivision must be set aside and added to the distribution
amount calculation in the subsequent year.
new text end

Sec. 3.

Minnesota Statutes 2016, section 162.081, is amended by adding a subdivision to
read:

new text begin Subd. 5. new text end

new text begin Withholding funds. new text end

new text begin (a) Following receipt of an impeded activity determination
or a cancellation notice from the commissioner of natural resources under section 84.9401
identifying a town, the commissioner of transportation must forward the determination or
cancellation notice to the appropriate county.
new text end

new text begin (b) Following receipt of an impeded activity determination, the county must withhold
distribution of town road account funds under subdivision 4 to the identified town. The
withholding applies beginning with funds distribution the following calendar year and
continues each year thereafter unless the county receives a cancellation notice for the town
from the commissioner of transportation.
new text end

new text begin (c) Funds withheld under this subdivision must be set aside and added to the amount
distributed in the subsequent year.
new text end

Sec. 4.

Minnesota Statutes 2016, section 162.13, is amended by adding a subdivision to
read:

new text begin Subd. 4. new text end

new text begin Withholding funds. new text end

new text begin (a) Following receipt of an impeded activity determination
from the commissioner of natural resources under section 84.9401 identifying a city that
receives municipal state-aid street funds, the commissioner of transportation must withhold
distribution of the apportionment sum under subdivision 1 to the identified city. The
withholding applies beginning with funds distribution the following calendar year and
continues each year thereafter unless the commissioner of transportation receives a
cancellation notice for the city from the commissioner of natural resources under section
84.9401.
new text end

new text begin (b) Funds withheld under this subdivision must be set aside and added to the
apportionment sum calculation in the subsequent year.
new text end

Sec. 5.

Minnesota Statutes 2016, section 162.145, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Withholding funds. new text end

new text begin (a) Following receipt of an impeded activity determination
from the commissioner of natural resources under section 84.9401 identifying a city that
receives small cities assistance funds under this section, the commissioner of transportation
must remove the identified city from classification as an eligible city under subdivision 4.
The classification applies beginning with funds allocation the following calendar year and
continues each year thereafter unless the commissioner of transportation receives a
cancellation notice for the city from the commissioner of natural resources under section
84.9401.
new text end

new text begin (b) Funds withheld under this subdivision must be set aside and added to the distribution
calculation in the next year funds are made available under this section.
new text end