HF 551

as introduced - 90th Legislature (2017 - 2018) Posted on 02/06/2017 04:34pm

A bill for an act
relating to environment; eliminating rulemaking authority of Pollution Control
Agency and Department of Natural Resources; providing for sunset or enactment
of existing rules.

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

Section 1. RULEMAKING AUTHORITY ELIMINATED; POLLUTION CONTROL
AGENCY AND DEPARTMENT OF NATURAL RESOURCES.

(a) Except as provided under paragraph (b) and notwithstanding any other provision of
law to the contrary, the rulemaking authority of the Pollution Control Agency and the
Department of Natural Resources is eliminated. The commissioners of the Pollution Control
Agency and natural resources may not adopt, amend, or repeal rules after the effective date
of this section.

(b) This section does not apply to the expedited emergency rulemaking authority granted
to the commissioner of natural resources under Minnesota Statutes, section 84.027,
subdivision 13, paragraph (b), as limited under Minnesota Statutes, section 84.027,
subdivision 13, paragraph (a).

EFFECTIVE DATE.

This section is effective the day following final enactment.

Sec. 2. EXISTING RULES; SUNSET OR ENACTMENT AFTER LEGISLATIVE
REVIEW.

(a) Minnesota Rules, chapters 6100 to 6290, 7000 to 7190, and 9210, expire July 1,
2022, unless an earlier date is specified under paragraph (b).

(b) Beginning with the 2018 regular session, the house of representatives and senate
committees having jurisdiction over environment and natural resources shall review each
rule chapter cited under paragraph (a). The committees shall recommend to the full legislature
enactment of all or any part of the rules, together with any recommended amendments to
the rules. Rules cited under paragraph (a) that are not reviewed under this paragraph expire
according to paragraph (a). Rules cited under paragraph (a) that are reviewed but not
recommended for enactment expire the day after the last day of the regular session in which
the rules were reviewed. Rules that are reviewed and recommended for enactment but are
not enacted expire the day after the last day of the regular session following the session in
which the rules were recommended.

Sec. 3. REVISOR'S INSTRUCTION.

By January 2, 2018, the revisor of statutes must submit recommended legislation to the
chairs of the house of representatives and senate committees having jurisdiction over
environment and natural resources. The recommended legislation must repeal statutory
rulemaking authority of the Pollution Control Agency and the Department of Natural
Resources and make necessary changes to conform with section 1.