1.1 	A bill for an act
1.2 	relating to state government; providing for certain permitting efficiency; 
1.3 	modifying environmental review provisions; amending Minnesota Statutes 2008, 
1.4 	sections 17.03, by adding a subdivision; 84.027, by adding a subdivision; 116.03, 
1.5 	by adding a subdivision; 116D.04, subdivision 10, by adding a subdivision.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2008, section 17.03, is amended by adding a subdivision 
1.8 	to read:
1.9 		Subd. 11a.Permitting efficiency goal and report. (a) It is the goal of the state that 
1.10 	environmental and resource management permits be issued or denied within 150 days of 
1.11 	the submission of a completed permit application. The commissioner of agriculture shall 
1.12 	establish management systems designed to achieve the goal.
1.13 	(b) The commissioner shall prepare semiannual permitting efficiency reports that 
1.14 	include statistics on meeting the goal in paragraph (a). The reports are due February 1 and 
1.15 	August 1 each year. For permit applications that have not met the goal, the report must 
1.16 	state the reasons for not meeting the goal, steps that will be taken to complete action on 
1.17 	the application, and the expected timeline. In stating the reasons for not meeting the goal, 
1.18 	the commissioner shall separately identify delays caused by the responsiveness of the 
1.19 	proposer, lack of staff, or scientific or technical disagreements or caused by the level of 
1.20 	public engagement. The report must specify the number of days from initial submission of 
1.21 	the application to the day of determination that the application is complete. The report 
1.22 	for the final quarter of the fiscal year must aggregate the data for the year and assess 
1.23 	whether program or system changes are necessary to achieve the goal. The report must 
1.24 	be posted on the department Web site and submitted to the governor and the chairs of 
2.1 	the house of representatives and senate committees having jurisdiction over agriculture 
2.2 	policy and finance.
2.3 	(c) The commissioner shall allow electronic submission of environmental review 
2.4 	and permit documents to the department.

2.5 	Sec. 2. Minnesota Statutes 2008, section 84.027, is amended by adding a subdivision 
2.6 	to read:
2.7 		Subd. 14a.Permitting efficiency. (a) It is the goal of the state that environmental 
2.8 	and resource management permits be issued or denied within 150 days of the submission 
2.9 	of a completed permit application. The commissioner of natural resources shall establish 
2.10 	management systems designed to achieve the goal.
2.11 	(b) The commissioner shall prepare semiannual permitting efficiency reports that 
2.12 	include statistics on meeting the goal in paragraph (a). The reports are due February 1 and 
2.13 	August 1 each year. For permit applications that have not met the goal, the report must 
2.14 	state the reasons for not meeting the goal, steps that will be taken to complete action on 
2.15 	the application, and the expected timeline. In stating the reasons for not meeting the goal, 
2.16 	the commissioner shall separately identify delays caused by the responsiveness of the 
2.17 	proposer, lack of staff, or scientific or technical disagreements or caused by the level of 
2.18 	public engagement. The report must specify the number of days from initial submission of 
2.19 	the application to the day of determination that the application is complete. The report 
2.20 	for the final quarter of the fiscal year must aggregate the data for the year and assess 
2.21 	whether program or system changes are necessary to achieve the goal. The report must be 
2.22 	posted on the department Web site and submitted to the governor and the chairs of the 
2.23 	house of representatives and senate committees having jurisdiction over natural resources 
2.24 	policy and finance.
2.25 	(c) The commissioner shall allow electronic submission of environmental review 
2.26 	and permit documents to the department.

2.27 	Sec. 3. Minnesota Statutes 2008, section 116.03, is amended by adding a subdivision to 
2.28 	read:
2.29 		Subd. 2b.Permitting efficiency. (a) It is the goal of the state that environmental 
2.30 	and resource management permits be issued or denied within 150 days of the submission 
2.31 	of a completed permit application. The commissioner of the Pollution Control Agency 
2.32 	shall establish management systems designed to achieve the goal.
2.33 	(b) The commissioner shall prepare semiannual permitting efficiency reports that 
2.34 	include statistics on meeting the goal in paragraph (a). The reports are due February 1 and 
3.1 	August 1 each year. For permit applications that have not met the goal, the report must 
3.2 	state the reasons for not meeting the goal, steps that will be taken to complete action on 
3.3 	the application, and the expected timeline. In stating the reasons for not meeting the goal, 
3.4 	the commissioner shall separately identify delays caused by the responsiveness of the 
3.5 	proposer, lack of staff, or scientific or technical disagreements or caused by the level of 
3.6 	public engagement. The report must specify the number of days from initial submission of 
3.7 	the application to the day of determination that the application is complete. The report 
3.8 	for the final quarter of the fiscal year must aggregate the data for the year and assess 
3.9 	whether program or system changes are necessary to achieve the goal. The report must 
3.10 	be posted on the agency Web site and submitted to the governor and the chairs of the 
3.11 	house of representatives and senate committees having jurisdiction over environment 
3.12 	policy and finance.
3.13 	(c) The commissioner shall allow electronic submission of environmental review 
3.14 	and permit documents to the agency.

3.15 	Sec. 4. Minnesota Statutes 2008, section 116D.04, subdivision 10, is amended to read:
3.16 		Subd. 10.Review. Decisions on the need for an environmental assessment 
3.17 	worksheet, the need for an environmental impact statement and the adequacy of an 
3.18 	environmental impact statement may be reviewed by a declaratory judgment action in 
3.19 	the district court of the county wherein the proposed action, or any part thereof, would 
3.20 	be undertaken the Court of Appeals. Judicial review under this section shall be initiated 
3.21 	within 30 days after the governmental unit makes the decision, and a bond may be 
3.22 	required under section 562.02 unless at the time of hearing on the application for the bond 
3.23 	the plaintiff has shown that the claim has sufficient possibility of success on the merits to 
3.24 	sustain the burden required for the issuance of a temporary restraining order. Nothing in 
3.25 	this section shall be construed to alter the requirements for a temporary restraining order 
3.26 	or a preliminary injunction pursuant to the Minnesota Rules of Civil Procedure for district 
3.27 	courts. The board may initiate judicial review of decisions referred to herein and may 
3.28 	intervene as of right in any proceeding brought under this subdivision. 

3.29 	Sec. 5. Minnesota Statutes 2008, section 116D.04, is amended by adding a subdivision 
3.30 	to read:
3.31 		Subd. 14.Customized environmental assessment worksheet forms. State 
3.32 	agencies that are responsible governmental units and the board shall periodically review 
3.33 	mandatory environmental assessment worksheet categories under rules adopted under this 
3.34 	section, and other project types that are frequently subject to environmental review, and 
4.1 	develop customized environmental assessment worksheet forms for the category or project 
4.2 	type. The forms must include specific questions that focus on key environmental issues for 
4.3 	the category or project type. The board shall develop the forms for categories and project 
4.4 	types where a state agency is not a responsible governmental unit. In assessing categories 
4.5 	and project types and developing forms, the board shall seek the input of governmental 
4.6 	units that are frequently responsible for the preparation of a worksheet for the particular 
4.7 	category or project type. State agencies and the board shall also seek input from the 
4.8 	general public on the development of customized forms.