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Minnesota Legislature

Office of the Revisor of Statutes

SF 2384

as introduced - 89th Legislature (2015 - 2016) Posted on 04/14/2016 11:13am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to environment; reinstating Minnesota Pollution Control Agency
Citizens' Board; amending Minnesota Statutes 2015 Supplement, sections
116.02; 116.03, subdivisions 1, 2a; repealing Laws 2015, First Special Session
chapter 4, article 4, section 149.

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

Section 1.

Minnesota Statutes 2015 Supplement, section 116.02, is amended to read:


116.02 POLLUTION CONTROL AGENCY, CREATION AND POWERS.

Subdivision 1.

Creation.

A pollution control agency, designated as the Minnesota
Pollution Control Agency, is hereby created.new text begin The agency consists of the commissioner
and eight members appointed by the governor, by and with the advice and consent of the
senate. One member must be a person knowledgeable in the field of agriculture, and one
must be a representative of organized labor.
new text end

new text begin Subd. 2a. new text end

new text begin Terms, compensation, removal, vacancies. new text end

new text begin The membership terms,
compensation, removal of members, and filling of vacancies on the agency is as provided
in section 15.0575.
new text end

new text begin Subd. 3a. new text end

new text begin Membership. new text end

new text begin The membership of the Pollution Control Agency must
be broadly representative of the skills and experience necessary to effectuate the policy
of sections 116.01 to 116.075, except that no member other than the commissioner may
be an officer or employee of the state or federal government. Only two members at one
time may be officials or employees of a municipality or any governmental subdivision, but
neither may be a member ex officio or otherwise on the management board of a municipal
sanitary sewage disposal system.
new text end

new text begin Subd. 4a. new text end

new text begin Chair. new text end

new text begin The commissioner serves as chair of the agency. The agency shall
elect other officers as the agency deems necessary.
new text end

Subd. 5.

Agency is successor to commission.

The Pollution Control Agency is
the successor of the Water Pollution Control Commission, and all powers and duties now
vested in or imposed upon said commission by chapter 115, or any act amendatory thereof
or supplementary thereto, are hereby transferred to, imposed upon, and vested in the
deleted text begincommissioner of thedeleted text end new text beginMinnesota new text endPollution Control Agency.

new text begin Subd. 6a. new text end

new text begin Required decisions. new text end

new text begin The agency shall make final decisions on the
following matters:
new text end

new text begin (1) 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 8a;
new text end

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

new text begin (i) the agency has received a request for an environmental impact statement;
new text end

new text begin (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 8a; or
new text end

new text begin (iii) the commissioner is recommending preparation of an environmental impact
statement;
new text end

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

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

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

new 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 8a;
new text end

new text begin (5) 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;
new text end

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

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

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

new 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 8a; and
new text end

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

new text begin Subd. 7a. new text end

new text begin Additional decisions. new text end

new text begin The commissioner may request that the agency
make additional decisions or provide advice to the commissioner.
new text end

new text begin Subd. 8a. new text end

new text begin Other actions. new text end

new text begin Any other action not specifically within the authority of
the commissioner must be made by the agency if:
new text end

new text begin (1) prior to the commissioner's final decision on the action, one or more members
of the agency notify the commissioner of their request that the decision be made by the
agency; or
new text end

new text begin (2) any person submits a petition to the commissioner requesting that the decision be
made by the agency and the commissioner grants the petition.
new text end

new text begin If the commissioner denies a petition submitted under clause (2), the commissioner
shall advise the agency and the petitioner of the reasons for the denial.
new text end

new text begin Subd. 9a. new text end

new text begin Informing public. new text end

new text begin The commissioner shall inform interested persons
as appropriate in public notices and other public documents of their right to request the
agency to make decisions in specific matters provided in subdivision 6a and the right
of agency members to request that decisions be made by the agency as provided in
subdivision 8a. The commissioner shall also regularly inform the agency of activities that
have broad policy implications or potential environmental significance and of activities in
which the public has exhibited substantial interest.
new text end

new text begin Subd. 11. new text end

new text begin Changing decisions. new text end

new text begin (a) The agency must not reopen, rescind, or reverse
a decision of the agency except upon:
new text end

new text begin (1) the affirmative vote of two-thirds of the agency; or
new text end

new text begin (2) a finding that there was an irregularity in a hearing related to the decision, an
error of law, or a newly discovered material issue of fact.
new text end

new text begin (b) The requirements in paragraph (a) are minimum requirements and do not limit
the agency's authority under sections 14.06 and 116.07, subdivision 3, to adopt rules:
new text end

new text begin (1) applying the requirement in paragraph (a), clause (1) or (2), to certain decisions
of the agency; or
new text end

new text begin (2) establishing additional or more stringent requirements for reopening, rescinding,
or reversing decisions of the agency.
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 116.03, subdivision 1, is
amended to read:


Subdivision 1.

Office.

(a) The Office of Commissioner of the Pollution Control
Agency is created and is under the supervision and control of the commissioner, who is
appointed by the governor under the provisions of section 15.06.

(b) The commissioner may appoint a deputy commissioner and assistant
commissioners who shall be in the unclassified service.

(c) The commissioner shall make all decisions on behalf of the agencynew text begin that are not
required to be made by the agency under section 116.02
new text end.

Sec. 3.

Minnesota Statutes 2015 Supplement, section 116.03, subdivision 2a, is
amended to read:


Subd. 2a.

Mission; efficiency.

It is part of the agency's mission thatnew text begin,new text end within the
agency's resourcesnew text begin,new text end the commissioner new text beginand the members of the agency new text endshall endeavor to:

(1) prevent the waste or unnecessary spending of public money;

(2) use innovative fiscal and human resource practices to manage the state's
resources and operate the agency as efficiently as possible;

(3) coordinate the agency's activities wherever appropriate with the activities of
other governmental agencies;

(4) use technology where appropriate to increase agency productivity, improve
customer service, increase public access to information about government, and increase
public participation in the business of government;

(5) utilize constructive and cooperative labor-management practices to the extent
otherwise required by chapters 43A and 179A;

(6) report to the legislature on the performance of agency operations and the
accomplishment of agency goals in the agency's biennial budget according to section
16A.10, subdivision 1; and

(7) recommend to the legislature appropriate changes in law necessary to carry out
the mission and improve the performance of the agency.

Sec. 4. new text begin REPEALER.
new text end

new text begin Laws 2015, First Special Session chapter 4, article 4, section 149, new text end new text begin is repealed.
new text end