SF 1461

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; changing the name and 
  1.3             duties of the environmental quality board; 
  1.4             establishing a Minnesota sustainable development 
  1.5             roundtable; establishing principles of sustainable 
  1.6             development; amending Minnesota Statutes 1994, 
  1.7             sections 116C.01; 116C.02, subdivision 2, and by 
  1.8             adding a subdivision; 116C.03, subdivisions 1 and 2; 
  1.9             116C.04, subdivisions 2, 3, and 7; 116C.06, 
  1.10            subdivisions 1 and 2; 116D.02, by adding a 
  1.11            subdivision; and 116D.03, subdivision 2; proposing 
  1.12            coding for new law in Minnesota Statutes, chapter 
  1.13            116C; repealing Minnesota Statutes 1994, sections 
  1.14            116C.04, subdivision 11; 116D.10; and 116D.11. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16     Section 1.  Minnesota Statutes 1994, section 116C.01, is 
  1.17  amended to read: 
  1.18     116C.01 [FINDINGS.] 
  1.19     The legislature of the state of Minnesota finds that 
  1.20  problems related to the environment and development are 
  1.21  interrelated and often encompass the responsibilities of several 
  1.22  state agencies and that solutions to these environmental 
  1.23  problems require the interaction of these agencies with each 
  1.24  other and the public.  The legislature also finds that further 
  1.25  debate concerning population, economic and technological growth 
  1.26  should be encouraged so that the consequences and causes of 
  1.27  alternative decisions can be better known and understood by the 
  1.28  public and its government in order to achieve the goal of 
  1.29  sustainable development.  
  1.30     Sec. 2.  Minnesota Statutes 1994, section 116C.02, 
  2.1   subdivision 2, is amended to read: 
  2.2      Subd. 2.  "Board" means the Minnesota environmental quality 
  2.3   sustainable development board. 
  2.4      Sec. 3.  Minnesota Statutes 1994, section 116C.02, is 
  2.5   amended by adding a subdivision to read: 
  2.6      Subd. 3.  "Sustainable development" means development that 
  2.7   maintains or enhances economic opportunity and community 
  2.8   well-being while protecting and restoring the natural 
  2.9   environment upon which quality of life depends.  Sustainable 
  2.10  development meets the needs of the present without compromising 
  2.11  the ability of future generations to meet their own needs.  It 
  2.12  is long-term conservation of the capacity to meet needs. 
  2.13     Sec. 4.  Minnesota Statutes 1994, section 116C.03, 
  2.14  subdivision 1, is amended to read: 
  2.15     Subdivision 1.  An environmental quality and 
  2.16  environmentally sustainable economic development board, 
  2.17  designated as the Minnesota environmental quality sustainable 
  2.18  development board, is hereby created. 
  2.19     Sec. 5.  Minnesota Statutes 1994, section 116C.03, 
  2.20  subdivision 2, is amended to read: 
  2.21     Subd. 2.  [MEMBERSHIP.] The members of the board are the 
  2.22  director of the office of strategic and long-range planning, the 
  2.23  commissioner of public service, the commissioner of the 
  2.24  pollution control agency, the commissioner of natural resources, 
  2.25  the director of the office of environmental assistance, the 
  2.26  commissioner of agriculture, the commissioner of trade and 
  2.27  economic development, the commissioner of health, the 
  2.28  commissioner of transportation, the chair of the board of water 
  2.29  and soil resources, and a representative of the governor's 
  2.30  office designated by the governor.  The governor shall appoint 
  2.31  five members from the general public to the board, subject to 
  2.32  the advice and consent of the senate.  At least two of the five 
  2.33  public members must have knowledge of and be conversant in water 
  2.34  management issues in the state.  Notwithstanding the provisions 
  2.35  of section 15.06, subdivision 6, members of the board may not 
  2.36  delegate their powers and responsibilities as board members to 
  3.1   any other person. 
  3.2      Sec. 6.  Minnesota Statutes 1994, section 116C.04, 
  3.3   subdivision 2, is amended to read: 
  3.4      Subd. 2.  (a) The board shall determine which environmental 
  3.5   and sustainable development problems of interdepartmental 
  3.6   concern to state government shall be considered by the board.  
  3.7   The board shall initiate interdepartmental investigations into 
  3.8   those matters that it determines are in need of study.  Topics 
  3.9   for investigation may include but need not be limited to the 
  3.10  interdependence of Minnesota's economy, environment and 
  3.11  communities, barriers to and incentives for sustainable 
  3.12  development, future population and settlement patterns, air and 
  3.13  water resources and quality, solid waste management, 
  3.14  transportation and utility corridors, economically productive 
  3.15  open space, energy policy and need, growth and development, and 
  3.16  land use planning.  
  3.17     (b) The board shall review programs of state agencies that 
  3.18  significantly affect the environment and sustainable development 
  3.19  and coordinate those it determines are interdepartmental in 
  3.20  nature, and insure agency compliance with state environmental 
  3.21  policy.  
  3.22     (c) The board may review environmental rules and criteria 
  3.23  for granting and denying permits by state agencies and may 
  3.24  resolve conflicts involving state agencies with regard to 
  3.25  programs, rules, permits and procedures significantly affecting 
  3.26  the environment and sustainable development, provided that such 
  3.27  resolution of conflicts is consistent with state environmental 
  3.28  policy.  
  3.29     (d) State agencies shall submit to the board all proposed 
  3.30  legislation of major significance relating to the environment 
  3.31  and sustainable development and the board shall submit a report 
  3.32  to the governor and the legislature with comments on the 
  3.33  long-term sustainability of such major environmental proposals 
  3.34  of state agencies.  
  3.35     Sec. 7.  Minnesota Statutes 1994, section 116C.04, 
  3.36  subdivision 3, is amended to read: 
  4.1      Subd. 3.  The board shall cooperate with regional 
  4.2   development commissions in appropriate matters of environmental 
  4.3   concern and sustainable development. 
  4.4      Sec. 8.  Minnesota Statutes 1994, section 116C.04, 
  4.5   subdivision 7, is amended to read: 
  4.6      Subd. 7.  At its discretion, the board shall convene an 
  4.7   annual environmental quality board congress including, but not 
  4.8   limited to, representatives of state, federal and regional 
  4.9   agencies, citizen organizations, associations, industries, 
  4.10  colleges and universities, and private enterprises who are 
  4.11  active in or have a major impact on environmental quality and 
  4.12  sustainable development.  The purpose of the congress shall be 
  4.13  to receive reports and exchange information on progress and 
  4.14  activities related to environmental improvement and sustainable 
  4.15  development. 
  4.16     Sec. 9.  [116C.041] [SUSTAINABLE DEVELOPMENT ROUNDTABLE.] 
  4.17     Subdivision 1.  [DUTIES.] (a) The governor, after 
  4.18  consultation with the board, shall establish a task force to 
  4.19  advise the state on sustainable development policies and 
  4.20  priorities.  The task force shall be called the governor's 
  4.21  roundtable on sustainable development and shall assist the board 
  4.22  in development of the report required by subdivision 2 and such 
  4.23  other matters as the board determines.  For the purposes of this 
  4.24  subdivision, the governor and board are exempt from the 
  4.25  requirements of sections 15.014 and 15.0593.  Nonlegislative 
  4.26  members shall be eligible for expenses as provided in section 
  4.27  15.059, subdivision 6.  The roundtable expires on June 30, 2001. 
  4.28     (b) At the discretion of the governor, the board, or by 
  4.29  law, the roundtable may establish forums to involve a wider body 
  4.30  of interests in considering particular issues of importance to 
  4.31  sustainable development.  A forum shall be chaired by a member 
  4.32  or members of the roundtable and shall report its findings to 
  4.33  the roundtable. 
  4.34     (c) The roundtable shall establish a forum to continue the 
  4.35  work of the task force established by Laws 1994, chapter 632, 
  4.36  article 2, sections 56 to 59.  The forum shall be called the 
  5.1   Minnesota sustainable land use forum.  The forum shall complete 
  5.2   the duties assigned to the task force under Laws 1994, chapter 
  5.3   632, article 2, section 57, and work to build a consensus on 
  5.4   statewide goals and policies relating to communities and land 
  5.5   use that would provide a unity of purpose to all levels of 
  5.6   government.  The forum shall also propose a planning framework 
  5.7   to achieve these goals and policies.  The forum must report its 
  5.8   findings on the extent of public support for a new planning 
  5.9   framework and its recommendations for the design and enactment 
  5.10  of a framework by January 15, 1997.  The forum expires on June 
  5.11  30, 1997. 
  5.12     Subd. 2.  [REPORT.] The sustainable development board must 
  5.13  transmit to the governor and legislature by September 15 of each 
  5.14  even-numbered year a report on Minnesota's progress toward 
  5.15  sustainable development.  The member agencies and departments of 
  5.16  the board must provide the board the information required 
  5.17  relating to their areas of responsibility.  At a minimum, the 
  5.18  report must include discussions of: 
  5.19     (1) state and local efforts relating to sustainable 
  5.20  development and the Minnesota strategic plan for sustainable 
  5.21  development; 
  5.22     (2) government barriers to sustainable development and 
  5.23  efforts to remove or mitigate them; 
  5.24     (3) progress in establishing local and state indicators of 
  5.25  sustainability and in achieving related milestones; 
  5.26     (4) activities to engage Minnesotans in discussions of 
  5.27  sustainable development issues and their results; 
  5.28     (5) progress made in the private sector to employ the 
  5.29  principles of sustainable development; 
  5.30     (6) results of the board's congress or congresses on 
  5.31  sustainable development; and 
  5.32     (7) a new edition of the Minnesota strategic plan for 
  5.33  sustainable development, updated to reflect accomplishments and 
  5.34  new approaches that may be necessary. 
  5.35     Sec. 10.  Minnesota Statutes 1994, section 116C.06, 
  5.36  subdivision 1, is amended to read: 
  6.1      Subdivision 1.  The board shall hold public hearings on 
  6.2   matters that it determines to be of major environmental, 
  6.3   community, or economic impact relating to sustainable 
  6.4   development. The board shall prescribe by rule in conformity to 
  6.5   the provisions of sections 14.02, 14.04 to 14.36, 14.38, 14.44 
  6.6   to 14.45, and 14.57 to 14.62, the procedures for the conduct of 
  6.7   all hearings and review procedures.  
  6.8      Sec. 11.  Minnesota Statutes 1994, section 116C.06, 
  6.9   subdivision 2, is amended to read: 
  6.10     Subd. 2.  The board may delegate its authority to conduct a 
  6.11  hearing to a hearings officer.  The hearings officer shall have 
  6.12  the same power as the board to compel the attendance of 
  6.13  witnesses to examine them under oath, to require the production 
  6.14  of books, papers, and other evidence, and to issue subpoenas and 
  6.15  cause the same to be served and executed in any part of the 
  6.16  state.  The hearings officer shall be knowledgeable in matters 
  6.17  of law and, the environment, and sustainable development.  
  6.18     If a hearings officer conducts a hearing, the officer shall 
  6.19  make findings of fact and submit them to the board.  The 
  6.20  transcript of testimony and exhibits shall constitute the 
  6.21  exclusive record upon which such findings are made.  The 
  6.22  findings shall be available for public inspection.  
  6.23     Sec. 12.  [116D.021] [PRINCIPLES OF SUSTAINABLE 
  6.24  DEVELOPMENT.] 
  6.25     Subdivision 1.  [APPLICATION.] All departments and agencies 
  6.26  of state government and all local governments shall be guided by 
  6.27  the following principles of sustainable development in making 
  6.28  decisions affecting Minnesota's economy, environment, and 
  6.29  communities: 
  6.30     Subd. 2.  [INTERDEPENDENCE.] Human progress depends on 
  6.31  healthy social, economic, and natural systems.  These systems 
  6.32  are interdependent. 
  6.33     Subd. 3.  [FORESIGHT.] The effect that proposed actions may 
  6.34  have on the ability of future generations to meet their own 
  6.35  needs must be given primary consideration. 
  6.36     Subd. 4.  [EMPLOYMENT.] A sustainable society requires 
  7.1   environmentally sound employment opportunities that pay a living 
  7.2   wage. 
  7.3      Subd. 5.  [DIVERSITY.] Biological, economic, and social 
  7.4   diversity contributes to society's stability and long-term 
  7.5   sustainability. 
  7.6      Subd. 6.  [EFFICIENCY.] Sustainable use of energy and 
  7.7   natural resources requires efficient resource use, prevention of 
  7.8   problems, preferences for use of renewable, recyclable and 
  7.9   recycled resources, and market-based incentives that reduce 
  7.10  consumption of resources and generation of wastes. 
  7.11     Subd. 7.  [ECOSYSTEM FUNCTION.] Ecosystems provide the 
  7.12  natural functions upon which people and economies depend.  Their 
  7.13  carrying capacity must be considered, preserved, and restored. 
  7.14     Subd. 8.  [INDICATORS.] Clear goals and measurable 
  7.15  indicators are needed to ensure that public policies lead to 
  7.16  long-term sustainability. 
  7.17     Subd. 9.  [COLLABORATION.] Open involvement of citizen, 
  7.18  community, business, and environmental interests and governments 
  7.19  at all levels is necessary to achieving sustainable development. 
  7.20     Subd. 10.  [RESPONSIBILITY.] All units of government and 
  7.21  all corporate and private citizens have a responsibility to help 
  7.22  sustain a healthy Minnesota environment, economy, and community. 
  7.23     Sec. 13.  Minnesota Statutes 1994, section 116D.03, 
  7.24  subdivision 2, is amended to read: 
  7.25     Subd. 2.  All departments and agencies of the state 
  7.26  government shall: 
  7.27     (a) On a continuous basis, seek to strengthen relationships 
  7.28  between state, regional, local and federal-state environmental 
  7.29  and economic planning, development and management programs; 
  7.30     (b) Utilize a systematic, interdisciplinary approach that 
  7.31  will insure the integrated use of the natural and social 
  7.32  sciences and the environmental arts in planning and in decision 
  7.33  making which may have an impact on the environment and 
  7.34  sustainable development; as an aid in accomplishing this purpose 
  7.35  there shall be established advisory councils or other forums for 
  7.36  consultation with persons in appropriate fields of 
  8.1   specialization so as to ensure that the latest and most 
  8.2   authoritative findings will be considered in administrative and 
  8.3   regulatory decision making as quickly and as amply as possible; 
  8.4      (c) Identify and develop methods and procedures that will 
  8.5   ensure that environmental amenities and values, whether 
  8.6   quantified or not, will be given at least equal consideration in 
  8.7   decision making along with economic and technical 
  8.8   considerations; 
  8.9      (d) Study, develop, and describe appropriate alternatives 
  8.10  to recommended courses of action in any proposal which involves 
  8.11  unresolved conflicts concerning alternative uses of available 
  8.12  resources; 
  8.13     (e) Recognize the worldwide and long range character of 
  8.14  environmental problems and, where consistent with the policy of 
  8.15  the state, lend appropriate support to initiatives, resolutions, 
  8.16  and programs designed to maximize interstate, national and 
  8.17  international cooperation in anticipating and preventing a 
  8.18  decline in the quality of the world environment; 
  8.19     (f) Make available to the federal government, counties, 
  8.20  municipalities, institutions and individuals, information useful 
  8.21  in restoring, maintaining, and enhancing the quality of the 
  8.22  environment, and in meeting the policies of the state as set 
  8.23  forth in Laws 1973, chapter 412 chapter 116D; 
  8.24     (g) Initiate the gathering and utilization of ecological 
  8.25  information in the planning and development of resource oriented 
  8.26  projects; and 
  8.27     (h) Undertake, contract for or fund such research as is 
  8.28  needed in order to determine and clarify effects by known or 
  8.29  suspected pollutants which may be detrimental to human health or 
  8.30  to the environment, as well as to evaluate the feasibility, 
  8.31  safety and environmental effects of various methods of dealing 
  8.32  with pollutants.; 
  8.33     (i) Account for the full costs of decisions affecting the 
  8.34  environment and where appropriate incorporate these costs in 
  8.35  applicable prices or fees charged; 
  8.36     (j) Purchase products and services that encourage 
  9.1   sustainable manufacturing, business administration, and 
  9.2   management of natural resources; and 
  9.3      (k) Submit to the sustainable development board for its 
  9.4   review under section 116C.04 a statement of the long-term 
  9.5   sustainability of major legislative initiatives relating to 
  9.6   sustainable development. 
  9.7      Sec. 14.  [REPEALER.] 
  9.8      Minnesota Statutes 1994, sections 116C.04, subdivision 11; 
  9.9   116D.10; and 116D.11, are repealed. 
  9.10     Sec. 15.  [REVISOR'S INSTRUCTION.] 
  9.11     The revisor shall change the term "environmental quality 
  9.12  board" to "sustainable development board" in the next edition of 
  9.13  Minnesota Statutes and Minnesota Rules.