Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 501-S.F.No. 2286 
           An act relating to environment; amending certain 
          statutes administered by the environmental quality 
          board; prohibiting delegation of responsibilities; 
          authorizing certain enforcement actions; prohibiting 
          construction of certain projects; requiring project 
          proposers to pay costs of environmental impact 
          statements; appropriating money; amending Minnesota 
          Statutes 1986, sections 116C.04, by adding a 
          subdivision; 116D.04, by adding subdivisions; and 
          116D.045, subdivisions 1, 2, 3, and 4; Minnesota 
          Statutes 1987 Supplement, section 116C.03, subdivision 
          2; repealing Minnesota Statutes 1986, section 
          116D.045, subdivision 5.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1987 Supplement, section 
116C.03, subdivision 2, is amended to read:  
    Subd. 2.  The members of the board are the director of the 
state planning agency, the director of public service, the 
director of the pollution control agency, the commissioner of 
natural resources, the commissioner of agriculture, the 
commissioner of health, the commissioner of transportation, the 
chair of the board of water and soil resources, and a 
representative of the governor's office designated by the 
governor.  The governor shall appoint five members from the 
general public to the board, subject to the advice and consent 
of the senate.  At least two of the five public members must 
have knowledge of and be conversant in water management issues 
in the state.  Notwithstanding the provisions of section 15.06 
subdivision 6, members of the board may not delegate their 
powers and responsibilities as board members to any other person.
    Sec. 2.  Minnesota Statutes 1986, section 116C.04, is 
amended by adding a subdivision to read: 
    Subd. 10.  The board may enter into and enforce stipulation 
agreements made to enforce statutes and rules administered by 
the board. 
    Sec. 3.  Minnesota Statutes 1986, section 116D.04, is 
amended by adding a subdivision to read: 
     Subd. 2b.  If an environmental assessment worksheet or an 
environmental impact statement is required for a governmental 
action under subdivision 2a, a project may not be started and a 
final governmental decision may not be made to grant a permit, 
approve a project, or begin a project, until: 
    (1) a petition for an environmental assessment worksheet is 
dismissed; 
    (2) a negative declaration has been issued on the need for 
an environmental impact statement; 
    (3) the environmental impact statement has been determined 
adequate; or 
    (4) a variance has been granted from making an 
environmental impact statement by the environmental quality 
board. 
    Sec. 4.  Minnesota Statutes 1986, section 116D.04, is 
amended by adding a subdivision to read: 
    Subd. 13.  This section may be enforced by injunction, 
action to compel performance, or other appropriate action in the 
district court of the county where the violation takes place.  
Upon the request of the board or the chair of the board, the 
attorney general may bring an action under this subdivision. 
    Sec. 5.  Minnesota Statutes 1986, section 116D.045, 
subdivision 1, is amended to read:  
    Subdivision 1.  The board shall, no later than January 1, 
1977, by rule adopt procedures to assess the proposer of a 
specific action, when the proposer is a private person, for 
reasonable costs of preparing and distributing an environmental 
impact statement on that action required pursuant to section 
116D.04.  Such costs shall be determined by the 
responsible agency governmental unit pursuant to the rules 
promulgated by the board in accordance with subdivision 5 and 
shall be assessed for projects for which an environmental impact 
statement preparation notice has been issued after February 15, 
1977. 
    Sec. 6.  Minnesota Statutes 1986, section 116D.045, 
subdivision 2, is amended to read: 
    Subd. 2.  In the event of a disagreement between the 
proposer of the action and the responsible agency governmental 
unit over the cost of an environmental impact statement, the 
responsible agency governmental unit shall consult with the 
board, which may modify the cost or determine that the cost 
assessed by the responsible agency governmental unit is 
reasonable. 
    Sec. 7.  Minnesota Statutes 1986, section 116D.045, 
subdivision 3, is amended to read:  
    Subd. 3.  The responsible governmental unit shall assess 
the project proposer for reasonable costs in preparing and 
distributing the environmental impact statement and the proposer 
shall pay the assessed cost to the board responsible 
governmental unit.  All money received pursuant to this 
subdivision shall be deposited in the general fund.  Money 
received under this subdivision by a responsible governmental 
unit that is not a state agency may be retained by the unit for 
the same purposes. 
    Sec. 8.  Minnesota Statutes 1986, section 116D.045, 
subdivision 4, is amended to read: 
    Subd. 4.  No agency or responsible governmental subdivision 
unit shall commence with the preparation of an environmental 
impact statement until at least one-half of the assessed cost of 
the environmental impact statement is paid pursuant to 
subdivision 3.  Other laws notwithstanding, no state agency may 
issue any permits for the construction or operation of a project 
for which an environmental impact statement is prepared until 
the assessed cost for the environmental impact statement has 
been paid in full. 
    Sec. 9.  [REPEALER.] 
    Minnesota Statutes 1986, section 116D.045, subdivision 5, 
is repealed. 
    Approved April 12, 1988