SF 1123

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

A bill for an act
relating to the environment; providing specifications
for review and waivers of 401 certification under the
federal Clean Water Act; establishing fees; amending
Minnesota Statutes 2004, section 115.03, subdivision
4a.

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

Section 1.

Minnesota Statutes 2004, section 115.03,
subdivision 4a, is amended to read:

Subd. 4a.

Section 401 certifications.

(a) The following
definitions apply to this subdivision:

(1) "section 401 certification" means a water quality
certification required under section 401 of the federal Clean
Water Act, United States Code, title 33, section 1341; deleted text begin and
deleted text end

(2) " deleted text begin nationwide deleted text end new text begin federal general new text end permit" means a nationwide
general permit issued by the United States Army Corps of
Engineers deleted text begin and listed in Code of Federal Regulations, title 40,
part 330, appendix A deleted text end new text begin under section 404 of the federal Clean
Water Act, United States Code, title 33, section 1344; and
new text end

new text begin (3) "professional review" means review of federal permits
or licenses that require section 401 certification before
issuance by professional or technical agency staff experienced
with 401 water quality certification new text end .

(b) The deleted text begin agency deleted text end new text begin commissioner new text end is responsible for providing
section 401 certifications for deleted text begin nationwide deleted text end new text begin federal general
new text end permits new text begin or licenses that require section 401 certification
before issuance of the federal permit or license new text end .

(c) Before making a final decision on a section 401
certification for regional conditions on a deleted text begin nationwide deleted text end new text begin federal
general new text end permit, the deleted text begin agency deleted text end new text begin commissioner new text end shall hold at least one
public meeting outside the seven-county metropolitan area.

(d) In addition to other notice required by law, the agency
shall provide written notice of a meeting at which the agency
will be considering a section 401 certification for regional
conditions on a deleted text begin nationwide deleted text end new text begin federal general new text end permit at least 21
days before the date of the meeting to the members of the senate
and house deleted text begin of representatives environment and natural resources
committees, the senate Agriculture and Rural Development
Committee, and the house of representatives Agriculture
Committee deleted text end new text begin policy committees with jurisdiction over environment
and agriculture new text end .

new text begin (e) Beginning July 1, 2005, the commissioner shall collect
a fee in the amount of $350 per applicant for a section 401
certification and an additional $200 for each acre of wetland
that is subject to section 401 certification. All fees
collected by the commissioner under this section shall be
transmitted to the commissioner of revenue. The commissioner of
revenue shall deposit these fees in the special revenue fund for
the purpose of providing professional review by the agency.
new text end

new text begin (f) A decision by the commissioner to waive review of
section 401 certification must include a written explanation
describing the liability risks and penalties assumed by the
applicant, particularly regarding state water quality standards.
new text end

new text begin (g) The commissioner shall publish the status of
applications for section 401 certification, the decision to
certify, deny, or waive any application, and any accompanying
documents on the agency's Internet Web site, and may publish
these documents in any other appropriate public medium. All
public comments must be attached to the official public record
waiver decision and be available for review upon request. All
publications shall include the project's location, including
county, township, range and section, street address or
directions, and proximity to state-listed impaired waters.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end