1.1                          A bill for an act 
  1.2             relating to state agencies; codifying reorganization 
  1.3             orders relating to the office of environmental 
  1.4             assistance and the public service department; amending 
  1.5             Minnesota Statutes 1996, sections 115D.08; and 
  1.6             216C.41, subdivision 2.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1996, section 115D.08, is 
  1.9   amended to read: 
  1.10     115D.08 [PROGRESS REPORTS.] 
  1.11     Subdivision 1.  [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 
  1.12  (a) All persons required to prepare a toxic pollution prevention 
  1.13  plan under section 115D.07 shall submit an annual progress 
  1.14  report to the ~~commissioner~~ emergency response commission that 
  1.15  may be drafted in a manner that does not disclose proprietary 
  1.16  information.  Progress reports are due on ~~October~~ July 1 of each 
  1.17  year to the commission. ~~The first progress reports are due in~~ 
  1.18  ~~1992.~~  The commission shall provide copies of the progress 
  1.19  reports to the director and commissioner. 
  1.20     (b) At a minimum, each progress report must include: 
  1.21     (1) a summary of each objective established in the plan, 
  1.22  including the base year for any objective stated in numeric 
  1.23  terms, and the schedule for meeting each objective; 
  1.24     (2) a summary of progress made during the past year, if 
  1.25  any, toward meeting each objective established in the plan 
  1.26  including the quantity of each toxic pollutant eliminated or 
  2.1   reduced; 
  2.2      (3) a statement of the methods through which elimination or 
  2.3   reduction has been achieved; 
  2.4      (4) if necessary, an explanation of the reasons objectives 
  2.5   were not achieved during the previous year, including 
  2.6   identification of any technological, economic, or other 
  2.7   impediments the facility faced in its efforts to achieve its 
  2.8   objectives; and 
  2.9      (5) a certification, signed and dated by the facility 
  2.10  manager and an officer of the company under penalty of section 
  2.11  609.63, attesting that a plan meeting the requirements of 
  2.12  section 115D.07 has been prepared and also attesting to the 
  2.13  accuracy of the information in the progress report. 
  2.14     Subd. 2.  [REVIEW OF PROGRESS REPORTS.] (a) The 
  2.15  ~~commissioner~~ commission shall review all progress reports to 
  2.16  determine if they meet the requirements of subdivision 1.  If 
  2.17  the ~~commissioner~~ commission determines that a progress report 
  2.18  does not meet the requirements, the ~~commissioner~~ commission 
  2.19  shall notify the facility in writing and shall identify specific 
  2.20  deficiencies and specify a reasonable time period of not less 
  2.21  than 90 days for the facility to modify the progress 
  2.22  report.  The director shall review progress reports to determine 
  2.23  facilities that are in need of pollution prevention assistance. 
  2.24     (b) The commissioner, commission, and director shall be 
  2.25  given access to a facility plan required under section 115D.07 
  2.26  if the ~~commissioner~~ commission determines that the progress 
  2.27  report for that facility does not meet the requirements of 
  2.28  subdivision 1.  
  2.29     (c) Twenty-five or more persons living within ten miles of 
  2.30  the facility may submit a petition to the ~~commissioner~~ 
  2.31  commission that identifies specific deficiencies in the progress 
  2.32  report and requests the ~~commissioner~~ commission to review the 
  2.33  facility plan.  Within 30 days after receipt of the petition, 
  2.34  the ~~commissioner~~ commission shall respond in writing.  If 
  2.35  the ~~commissioner~~ commission agrees that the progress report does 
  2.36  not meet requirements of subdivision 1, the commissioner, 
  3.1   commission, and director shall be given access to the facility 
  3.2   plan. 
  3.3      ~~(c)~~ (d) After reviewing the plan and the progress report 
  3.4   with any modifications submitted, the ~~commissioner~~ commission 
  3.5   shall state in writing whether the progress report meets the 
  3.6   requirements of subdivision 1.  If the ~~commissioner~~ commission 
  3.7   determines that a modified progress report still does not meet 
  3.8   the requirements of subdivision 1, the ~~commissioner~~ commission 
  3.9   shall schedule a public meeting.  The meeting shall be held in 
  3.10  the county where the facility is located.  The meeting is not 
  3.11  subject to the requirements of chapter 14. 
  3.12     ~~(d)~~ (e) The facility shall be given the opportunity to 
  3.13  amend the progress report within a period of not less than 30 
  3.14  days after the public meeting. 
  3.15     ~~(e)~~ (f) If the ~~commissioner~~ commission determines that a 
  3.16  modified progress report still does not meet the requirements of 
  3.17  subdivision 1, action may be taken by the commissioner under 
  3.18  section 115.071 or the commission under chapter 299K to obtain 
  3.19  compliance with sections 115D.01 to 115D.12. 
  3.20     Sec. 2.  Minnesota Statutes 1996, section 216C.41, 
  3.21  subdivision 2, is amended to read: 
  3.22     Subd. 2.  [INCENTIVE PAYMENT.] Incentive payments shall be 
  3.23  made according to this section to the owner or operator of a 
  3.24  qualified hydropower facility or qualified wind energy 
  3.25  conversion facility for electric energy generated and sold by 
  3.26  the facility.  Payment may only be made upon receipt by the 
  3.27  commissioner of ~~finance~~ public service of an incentive payment 
  3.28  application that establishes that the applicant is eligible to 
  3.29  receive an incentive payment and that satisfies other 
  3.30  requirements the commissioner deems necessary.  The application 
  3.31  shall be in a form and submitted at a time the commissioner 
  3.32  establishes.  There is annually appropriated from the general 
  3.33  fund sums sufficient to make the payments required under this 
  3.34  section.