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SF 3521

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2020 08:38am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to criminal penalties; modifying and providing criminal penalties for
certain environmental violations; amending Minnesota Statutes 2018, sections
115.071, by adding a subdivision; 609.671, subdivisions 6, 9, 12.

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

Section 1.

Minnesota Statutes 2018, section 115.071, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Sharing data with county attorney. new text end

new text begin Within 30 days after the commissioner
of the Pollution Control Agency decides not to take enforcement action against a facility
whose air emissions have exceeded permitted levels by 15 percent or more, the commissioner
must forward information regarding the nature and extent of the violations committed by
the facility to the applicable county attorney for possible prosecution.
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

Sec. 2.

Minnesota Statutes 2018, section 609.671, subdivision 6, is amended to read:


Subd. 6.

Negligent violation as gross misdemeanor.

A person who commits any of
the acts set forth in subdivision 4deleted text begin,deleted text endnew text begin ornew text end 5deleted text begin, or 12deleted text end as a result of the person's gross negligence is
guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than
one year, or to payment of a fine of not more than $15,000, or both.

Sec. 3.

Minnesota Statutes 2018, section 609.671, subdivision 9, is amended to read:


Subd. 9.

False statements; tampering.

(a) A person is guilty of a felony who deleted text beginknowinglydeleted text endnew text begin
knows or reasonably should know that through the person's action or inaction the person
new text end:

(1) makes any false material statement, representation, or certification in; omits material
information from; or alters, conceals, or fails to file or maintain a notice, application, record,
report, plan, manifest, permit, license, or other document required under sections 103F.701
to 103F.755; chapter 115 or 116; the hazardous waste transportation requirements of chapter
221; or rules adopted under these laws; or

(2) falsifies, tampers with, renders inaccurate, or fails to install any monitoring device
or method required to be maintained or followed for the purpose of compliance with sections
103F.701 to 103F.755, chapter 115 or 116, or rules adopted under these laws.

(b) deleted text beginExcept as provided in paragraph (c),deleted text end A person convicted under this subdivision may
be sentenced to imprisonment for not more than two years, or to payment of a fine of not
more than deleted text begin$10,000deleted text endnew text begin $25,000new text end, or both.

deleted text begin (c) A person convicted under this subdivision for a violation related to a notice or report
required by an air permit issued by the agency as provided in United States Code, title 42,
section 7661a(a), as amended through January 1, 1991, may be sentenced to payment of a
fine of not more than $10,000 per day of violation.
deleted text end

Sec. 4.

Minnesota Statutes 2018, section 609.671, subdivision 12, is amended to read:


Subd. 12.

Air pollution.

(a) A person is guilty of a felony who deleted text beginknowinglydeleted text endnew text begin knows or
reasonably should know that the person's action violates
new text end:

(1) deleted text begincauses a violation ofdeleted text end a national emission standard for a hazardous air pollutant adopted
under United States Code, title 42, section 7412; or

(2) deleted text begincauses a violation ofdeleted text end an emission standard, limitation, or operational limitation for
a hazardous air pollutant established in a permit issued by the Pollution Control Agency.

A person convicted under this paragraph may be sentenced to imprisonment for not
more than three years, or to payment of a fine of not more than $50,000 per day of violation,
or both.

(b) A person is guilty of a deleted text beginmisdemeanordeleted text endnew text begin felonynew text end who deleted text beginknowinglydeleted text endnew text begin knows or reasonably
should know that the person's action
new text end violates:

(1) a requirement of chapter 116, or a rule adopted under that chapter, that is an applicable
requirement of the federal Clean Air Act, as defined in Federal Register, volume 57, page
32295;

(2) a condition of an air emission permit issued by the agency under chapter 116 or a
rule adopted under that chapter; or

(3) a requirement to pay a fee based on air emissions under chapter 116 or a rule adopted
under that chapter.

A person convicted under this paragraph may be sentenced to imprisonment for not
more than deleted text begin90 daysdeleted text endnew text begin two yearsnew text end, or to payment of a fine of not more than deleted text begin$10,000deleted text endnew text begin $25,000new text end per
day of violation, or both.