SF 659

as introduced - 89th Legislature (2015 - 2016) Posted on 02/10/2015 09:01am

A bill for an act
relating to environment; modifying permitting efficiency requirements; amending
Minnesota Statutes 2014, sections 84.027, subdivision 14a; 116.03, subdivision
2b.

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

Section 1.

Minnesota Statutes 2014, section 84.027, subdivision 14a, is amended to read:

Subd. 14a.

Permitting efficiency.

(a) It is the goal of the state that environmental
and resource management permits be issued or denied within deleted text begin 90 deleted text end new text begin 45 new text end days for Tier 1
permits or 150 days for Tier 2 permits following submission of a permit application.
The commissioner of natural resources shall establish management systems designed
to achieve the goal.

(b) The commissioner shall prepare an annual permitting efficiency report that
includes statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier
2 by permit categories. The report is due August 1 each year. For permit applications
that have not met the goal, the report must state the reasons for not meeting the goal. In
stating the reasons for not meeting the goal, the commissioner shall separately identify
delays caused by the responsiveness of the proposer, lack of staff, scientific or technical
disagreements, or the level of public engagement. The report must specify the number
of days from initial submission of the application to the day of determination that the
application is complete. The report must aggregate the data for the year and assess
whether program or system changes are necessary to achieve the goal. The report must
be posted on the department's Web site and submitted to the governor and the chairs and
ranking minority members of the house of representatives and senate committees having
jurisdiction over natural resources policy and finance.

(c) The commissioner shall allow electronic submission of environmental review
and permit documents to the department.

(d) Beginning July 1, 2011, within 30 business days of application for a permit
subject to paragraph (a), the commissioner of natural resources shall notify the
project proposer, in writing, whether the application is complete or incomplete. If the
commissioner determines that an application is incomplete, the notice to the applicant must
enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
and advise the applicant on how the deficiencies can be remedied. If the commissioner
determines that the application is complete, the notice must confirm the application's Tier
1 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
is subject to a grant or loan agreement under chapter 446A.

Sec. 2.

Minnesota Statutes 2014, section 116.03, subdivision 2b, is amended to read:

Subd. 2b.

Permitting efficiency.

(a) It is the goal of the state that environmental
and resource management permits be issued or denied within deleted text begin 90 deleted text end new text begin 45 new text end days for Tier 1
permits or 150 days for Tier 2 permits following submission of a permit application.
The commissioner of the Pollution Control Agency shall establish management systems
designed to achieve the goal. For the purposes of this section, "Tier 1 permits" are permits
that do not require individualized actions or public comment periods, and "Tier 2 permits"
are permits that require individualized actions or public comment periods.

(b) The commissioner shall prepare an annual permitting efficiency report that
includes statistics on meeting the goal in paragraph (a) and the criteria for Tier 1 and Tier
2 by permit categories. The report is due August 1 each year. For permit applications
that have not met the goal, the report must state the reasons for not meeting the goal. In
stating the reasons for not meeting the goal, the commissioner shall separately identify
delays caused by the responsiveness of the proposer, lack of staff, scientific or technical
disagreements, or the level of public engagement. The report must specify the number
of days from initial submission of the application to the day of determination that the
application is complete. The report must aggregate the data for the year and assess
whether program or system changes are necessary to achieve the goal. The report must
be posted on the agency's Web site and submitted to the governor and the chairs and
ranking minority members of the house of representatives and senate committees having
jurisdiction over environment policy and finance.

(c) The commissioner shall allow electronic submission of environmental review
and permit documents to the agency.

(d) Beginning July 1, 2011, within 30 business days of application for a permit
subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
the project proposer, in writing, whether the application is complete or incomplete. If the
commissioner determines that an application is incomplete, the notice to the applicant must
enumerate all deficiencies, citing specific provisions of the applicable rules and statutes,
and advise the applicant on how the deficiencies can be remedied. If the commissioner
determines that the application is complete, the notice must confirm the application's Tier
1 or Tier 2 permit status. This paragraph does not apply to an application for a permit that
is subject to a grant or loan agreement under chapter 446A.

(e) For purposes of this subdivision, "permit professional" means an individual not
employed by the Pollution Control Agency who:

(1) has a professional license issued by the state of Minnesota in the subject area
of the permit;

(2) has at least ten years of experience in the subject area of the permit; and

(3) abides by the duty of candor applicable to employees of the Pollution Control
Agency under agency rules and complies with all applicable requirements under chapter
326.

(f) Upon the agency's request, an applicant relying on a permit professional must
participate in a meeting with the agency before submitting an application:

(1) at least two weeks prior to the preapplication meeting, the applicant must submit
at least the following:

(i) project description, including, but not limited to, scope of work, primary
emissions points, discharge outfalls, and water intake points;

(ii) location of the project, including county, municipality, and location on the site;

(iii) business schedule for project completion; and

(iv) other information requested by the agency at least four weeks prior to the
scheduled meeting; and

(2) during the preapplication meeting, the agency shall provide for the applicant at
least the following:

(i) an overview of the permit review program;

(ii) a determination of which specific application or applications will be necessary
to complete the project;

(iii) a statement notifying the applicant if the specific permit being sought requires a
mandatory public hearing or comment period;

(iv) a review of the timetable established in the permit review program for the
specific permit being sought; and

(v) a determination of what information must be included in the application,
including a description of any required modeling or testing.

(g) The applicant may select a permit professional to undertake the preparation
of the permit application and draft permit.

(h) If a preapplication meeting was held, the agency shall, within seven business
days of receipt of an application, notify the applicant and submitting permit professional
that the application is complete or is denied, specifying the deficiencies of the application.

(i) Upon receipt of notice that the application is complete, the permit professional
shall submit to the agency a timetable for submitting a draft permit. The permit
professional shall submit a draft permit on or before the date provided in the timetable.
Within 60 days after the close of the public comment period, the commissioner shall notify
the applicant whether the permit can be issued.

(j) Nothing in this section shall be construed to modify:

(1) any requirement of law that is necessary to retain federal delegation to or
assumption by the state; or

(2) the authority to implement a federal law or program.

(k) The permit application and draft permit shall identify or include as an appendix
all studies and other sources of information used to substantiate the analysis contained in
the permit application and draft permit. The commissioner shall request additional studies,
if needed, and the project proposer shall submit all additional studies and information
necessary for the commissioner to perform the commissioner's responsibility to review,
modify, and determine the completeness of the application and approve the draft permit.