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HF 1394

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 03/18/2015 12:28pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Introduction Posted on 03/02/2015
1st Engrossment Posted on 03/16/2015

Current Version - 1st Engrossment

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A bill for an act
 relating to environment; modifying the duties of the Minnesota Pollution Control
Agency Citizens' Board; amending Minnesota Statutes 2014, sections 116.02;
116.03, subdivision 1; repealing Minnesota Statutes 2014, section 116.02,
subdivisions 7, 8, 10.

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

Section 1.

Minnesota Statutes 2014, 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, deleted text begin isdeleted text end new text begin and the Minnesota Pollution Control Agency Citizens' Board
are new text end hereby created. The deleted text begin agencydeleted text end new text begin Minnesota Pollution Control Agency Citizens' Boardnew text end shall
consist of the commissioner and eight members appointed by the governor, by and with the
advice and consent of the senate. deleted text begin One of such members shall be a person knowledgeable
in the field of agriculture and one shall be representative of organized labor.
deleted text end

Subd. 2.

Terms, compensation, removal, vacancies.

The membership terms,
compensation, removal of members, and filling of vacancies on the deleted text begin agencydeleted text end new text begin Minnesota
Pollution Control Agency Citizens' Boardnew text end shall be as provided in section 15.0575.

Subd. 3.

Membership.

The membership of the new text begin Minnesota new text end Pollution Control Agency
new text begin Citizens' Board new text end shall 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 shall 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 begin One of the members shall have
expertise in agriculture, one of the members shall have expertise in forestry, one of the
members shall have expertise in mining, and one of the members shall be a representative
of organized labor. No more than one-half of the Minnesota Pollution Control Agency
Citizens' Board membership may reside in the metropolitan area, as defined in section
473.121, subdivision 2.
new text end

Subd. 4.

Chair.

The commissioner shall serve as chair of the deleted text begin agencydeleted text end new text begin Minnesota
Pollution Control Agency Citizens' Boardnew text end . The deleted text begin agencydeleted text end new text begin Minnesota Pollution Control
Agency Citizens' Boardnew text end shall elect deleted text begin suchdeleted text end other officers as it deems necessary.

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 Minnesota Pollution Control Agency, except as to those matters pending before
the commission in which hearings have been held and evidence has been adduced. The
Water Pollution Commission shall complete its action in such pending matters not later
than six months from May 26, 1967. The Water Pollution Control Commission, as
heretofore constituted, is hereby abolished, (a) effective upon completion of its action in
the pending cases, as hereinbefore provided for; or (b) six months from May 26, 1967,
whichever is the earlier.

Subd. 6.

deleted text begin Required decisionsdeleted text end new text begin Duties of the boardnew text end .

The deleted text begin agencydeleted text end new text begin Minnesota Pollution
Control Agency Citizens' Boardnew text end shall deleted text begin make final decisions on the following mattersdeleted text end :

deleted 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 8;
 deleted text end

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

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

deleted 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 8; or
 deleted text end

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

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

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

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

deleted 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 8;
 deleted text end

deleted text begin (5)deleted text end new text begin (1) makenew text end final new text begin decisions on new text end 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;

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

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

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

deleted 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 8deleted text end new text begin (2) provide advice to the commissioner upon request of the commissionernew text end ;
and

deleted text begin (7) whether to reopen, rescind, or reverse a decision of the agencydeleted text end new text begin (3) conduct public
meetings and prepare comments as provided under subdivision 11new text end .

deleted text begin Subd. 7. deleted text end

deleted text begin Additional decisions. deleted text end

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

deleted text begin Subd. 8. deleted text end

deleted text begin Other actions. deleted text end

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

deleted 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
 deleted text end

deleted 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.
 deleted text end

deleted 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.
 deleted text end

Subd. 9.

Informing public.

The commissioner shall inform interested persons as
appropriate in public notices and other public documents of their right to request the
deleted text begin agencydeleted text end new text begin Minnesota Pollution Control Agency Citizens' Boardnew text end to deleted text begin make decisions indeleted text end new text begin hold
public information hearings on new text end specific matters new text begin as new text end provided in subdivision deleted text begin 6 and the
right of agency members to request that decisions be made by the agency as provided in
subdivision 8deleted text end new text begin 11new text end . The commissioner shall also regularly inform the deleted text begin agencydeleted text end new text begin Minnesota
Pollution Control Agency Citizens' Boardnew text end of activities that have broad policy implications
or potential environmental significance and of activities in which the public has exhibited
substantial interest.

deleted text begin Subd. 10. deleted text end

deleted text begin Changing decisions. deleted text end

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

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

deleted 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.
 deleted text end

deleted 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:
 deleted text end

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

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

new text begin Subd. 11. new text end

new text begin Petition for public hearing. new text end

new text begin (a) A person may request that the Minnesota
Pollution Control Agency Citizens' Board hold a public hearing by filing a petition that
contains the signatures and mailing addresses of at least 25 individuals who reside or own
property in the state on the following agency matters:
 new text end

new text begin (1) a petition for the preparation of an environmental assessment worksheet;
 new text end

new text begin (2) the need for an environmental impact statement following completion of an
environmental assessment worksheet;
 new text end

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

new text begin (4) issuance, reissuance, modification, or revocation of a permit if a variance is
sought in the permit application or a contested case hearing request is pending; and
 new text end

new text begin (5) 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;
or
 new text end

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

new text begin (b) A petition filed under this subdivision must be submitted to the Minnesota
Pollution Control Agency Citizens' Board within 30 days of the agency providing public
notice of the matter. The petition may include a request to hold the hearing in the
geographical area affected.
 new text end

new text begin (c) The Minnesota Pollution Control Agency Citizens' Board shall hold a public
hearing within 30 days of receiving a petition under this subdivision. The public hearing
must be held in the geographical area requested in the petition or, if no request was made,
a location selected by the commissioner that is generally convenient to persons expected
to attend the meeting. The commissioner shall prepare a notice of the public hearing and
publish the notice in a newspaper of general circulation in the geographical area or areas
affected and notify local governments and other interested parties as determined by the
commissioner. Following the hearing, the board shall compile and submit comments
received during the hearing to the commissioner for review.
 new text end

Sec. 2.

Minnesota Statutes 2014, 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 agency deleted text begin that are
not required to be made by the agencydeleted text end new text begin except for rulemaking decisions made by the
Minnesota Pollution Control Agency Citizens' Board new text end under section 116.02.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 116.02, subdivisions 7, 8, and 10, new text end new text begin are repealed.
 new text end