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HF 4158

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
Rtf

Bill Text Versions

Engrossments
Introduction Posted on 04/19/2006

Current Version - as introduced

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A bill for an act
 relating to the environment; modifying environmental review requirements;
providing for the award of costs in civil actions; amending Minnesota
Statutes 2004, sections 116B.03, by adding a subdivision; 116D.04, by adding
subdivisions.

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

Section 1.

Minnesota Statutes 2004, section 116B.03, is amended by adding a
subdivision to read:


new text begin Subd. 6. new text end

new text begin Award of costs. new text end

new text begin Upon motion of a party prevailing in an action under this
section, the court may award costs, disbursements, and reasonable attorney fees and
witness fees to that party.
new text end

Sec. 2.

Minnesota Statutes 2004, section 116D.04, is amended by adding a subdivision
to read:


new text begin Subd. 4b. new text end

new text begin Responsible governmental unit redesignation. new text end

new text begin (a) A responsible
governmental unit that reasonably believes it is not fully capable of preparing an
environmental assessment worksheet on a proposed project may make a request to the
board that another responsible governmental unit prepare the assessment.
new text end

new text begin (b) The request must be made within seven days after receiving the project
proposer's submission of initial documents.
new text end

new text begin (c) The board, upon receiving a request, shall determine another responsible
governmental unit that has greater expertise to analyze the potential impacts of the project.
new text end

Sec. 3.

Minnesota Statutes 2004, section 116D.04, is amended by adding a subdivision
to read:


new text begin Subd. 14. new text end

new text begin Award of costs. new text end

new text begin Upon motion of a party prevailing in an action under
subdivision 13, the court may award costs, disbursements, and reasonable attorney fees
and witness fees to that party.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end