SF 238

as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:34am

A bill for an act
relating to the environment; modifying responsibilities of Pollution Control
Agency; providing for state environmental permit coordination and management;
abolishing Environmental Quality Board; specifying transfer of responsibilities
from abolished board; amending Minnesota Statutes 2010, section 116.02,
subdivision 6; proposing coding for new law in Minnesota Statutes, chapter
116C; repealing Minnesota Statutes 2010, sections 116.02, subdivision 8;
116C.01; 116C.02; 116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, 6; 116C.04,
subdivisions 1, 2, 3, 4, 7, 10, 11; 116C.06; 116C.08.

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

Section 1.

Minnesota Statutes 2010, section 116.02, subdivision 6, is amended to read:

Subd. 6.

Required decisions.

The agency shall make final decisions on the
following matters:

(1) deleted text begin 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 agency and the agency requests that it make the decision under subdivision 8;
deleted text end

deleted text begin (2) deleted text end the need for an environmental impact statement following preparation of an
environmental assessment worksheet under applicable rules, if:

(i) the agency has received a request for an environmental impact statement;

(ii) the project proposer or a person commenting on the proposal requests that the
declaration be made by the agency and the agency requests that it make the decision
under subdivision 8; or

(iii) the commissioner is recommending preparation of an environmental impact
statement;

deleted text begin (3) deleted text end new text begin (2) new text end the scope and adequacy of environmental impact statements;

deleted text begin (4) issuance, reissuance, modification, or revocation of a permit if:
deleted text end

deleted text begin (i) a variance is sought in the permit application or a contested case hearing request
is pending; or
deleted text end

deleted text begin (ii) the permit applicant, the permittee, or a person commenting on the permit action
requests that the decision be made by the agency and the agency requests that it make
the decision under subdivision 8;
deleted text end

deleted text begin (5) deleted text end new text begin (3) new text end 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;

deleted text begin (6) approval or denial of an application for a variance from an agency rule if:
deleted text end

deleted text begin (i) granting the variance request would change an air, soil, or water quality standard;
deleted text end

deleted text begin (ii) the commissioner has determined that granting the variance would have a
significant environmental impact; or
deleted text end

deleted text begin (iii) the applicant or a person commenting on the variance request requests that the
decision be made by the agency and the agency requests that it make the decision under
subdivision 8; deleted text end and

deleted text begin (7) deleted text end new text begin (4) new text end whether to reopen, rescind, or reverse a decision of the agency.

Sec. 2.

new text begin [116C.10] ENVIRONMENTAL PERMIT MANAGEMENT AND
COORDINATION.
new text end

new text begin (a) All environmental permits that involve more than one state or federal agency shall
be managed and coordinated by the state agency with primary jurisdiction in permitting
the project. If environmental review under chapter 116D is or will be conducted for the
project and a state agency is the responsible governmental unit, the state agency named as
the responsible governmental unit shall manage and coordinate the state permitting for the
project. If no state agency is the responsible governmental unit for environmental review
on the project, the agency responsible for managing and coordinating the state permit
process shall be selected by the Department of Administration.
new text end

new text begin (b) The state agency responsible for managing and coordinating state permits under
paragraph (a) shall:
new text end

new text begin (1) develop a timeline for all permits issued by state and federal agencies and
coordinate the permits among the agencies;
new text end

new text begin (2) provide the project proposer the timeline for all state and federal permits; and
new text end

new text begin (3) be the contact person for the project proposer for all state and federal permits.
new text end

Sec. 3. new text begin RESPONSIBILITIES TRANSFERRED.
new text end

new text begin (a) The responsibilities of the former Environmental Quality Board are transferred to
the agencies listed below:
new text end

new text begin (1) responsibilities related to environmental review, to the Department of
Administration;
new text end

new text begin (2) responsibilities related to water policy, to the Board of Water and Soil Resources;
new text end

new text begin (3) responsibilities related to waste, to the Pollution Control Agency;
new text end

new text begin (4) responsibilities related to genetically engineered organisms, to the Department
of Agriculture;
new text end

new text begin (5) responsibilities related to energy, to the Public Utilities Commission; and
new text end

new text begin (6) any responsibilities not specified, to the Board of Water and Soil Resources.
new text end

new text begin (b) Minnesota Statutes, section 15.039, applies to the transfer of powers under
paragraph (a).
new text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin By January 15, 2012, the revisor of statutes shall present a bill to the legislature to
make the appropriate statutory changes to reflect the transfer of responsibilities under
section 3.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2010, sections 116.02, subdivision 8; 116C.01; 116C.02;
116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, and 6; 116C.04, subdivisions 1, 2, 3, 4, 7, 10, and
11; 116C.06; and 116C.08, new text end new text begin are repealed.
new text end