SF 3376

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to pollution permits; providing for a 
  1.3             mediation process under certain circumstances; 
  1.4             appropriating money; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 114C. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [114C.35] [FARM AND SMALL BUSINESS HARDSHIP 
  1.8   PERMITS.] 
  1.9      A small business, as defined in section 645.445, 
  1.10  subdivision 2, or a family farm or farmer, as defined in section 
  1.11  500.24, subdivision 2, when applying for a permit regulating 
  1.12  air, water, or land issued by the pollution control agency may 
  1.13  request mediation for the requirements of the permit under the 
  1.14  following conditions: 
  1.15     (1) when there are extenuating circumstances or conditions 
  1.16  that are verifiable and beyond the control of the permit 
  1.17  applicant and are presented at the time of the application; or 
  1.18     (2) when 100 percent compliance with conditions of the 
  1.19  permit will cause the applicant to close the business within two 
  1.20  years of the time of permit application, and this fact is 
  1.21  verifiable by the applicant at the time of application. 
  1.22     Sec. 2.  [114C.36] [MEDIATION.] 
  1.23     Subdivision 1.  [REQUEST.] The commissioner of the 
  1.24  pollution control agency must accept a mediation request by a 
  1.25  permit applicant under the conditions of section 1.  Mediation 
  2.1   must be conducted by the bureau of mediation services. 
  2.2      Subd. 2.  [PERMIT CRITERIA MEDIATED.] The permit decision 
  2.3   mediated must find that the permit meets one or more of the 
  2.4   criteria listed under section 114C.11, subdivision 3, clauses (1)
  2.5   to (9). 
  2.6      Subd. 3.  [OTHER CRITERIA.] A permit mediated and issued 
  2.7   under this section must comply with all other hearing, fee, 
  2.8   enforcement, judicial review, and other requirements that an 
  2.9   applicant would have been subject to if the permit was not 
  2.10  mediated under this section. 
  2.11     Sec. 3.  [APPROPRIATION.] 
  2.12     $....... is appropriated from the general fund to the 
  2.13  commissioner of labor and industry to provide mediation services 
  2.14  under this act.  This appropriation is available for the 
  2.15  biennium ending June 30, 2001.