HF 1

1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 02/25/2011 10:23am

1.1A bill for an act

1.2relating to environment; providing for permitting efficiency; modifying
1.3environmental review requirements;amending Minnesota Statutes 2010, sections
1.484.027, by adding a subdivision; 115.07; 116.03, by adding a subdivision; 116.07,
1.5subdivision 2; 116D.04, subdivisions 1a, 2a, 3a, 10; 116D.045, subdivisions 1, 3.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2010, section 84.027, is amended by adding a
1.8subdivision to read:
1.9    Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental
1.10and resource management permits be issued or denied within 150 days of the submission
1.11of a substantially completed permit application. The commissioner of natural resources
1.12shall establish management systems designed to achieve the goal.
1.13(b) The commissioner shall prepare semiannual permitting efficiency reports that
1.14include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
1.15August 1 each year. For permit applications that have not met the goal, the report must
1.16state the reasons for not meeting the goal, steps that will be taken to complete action on
1.17the application, and the expected timeline. In stating the reasons for not meeting the
1.18goal, the commissioner shall separately identify delays caused by the responsiveness of
1.19the proposer, lack of staff, scientific or technical disagreements, or the level of public
1.20engagement. The report must specify the number of days from initial submission of the
1.21application to the day of determination that the application is complete. The report for
1.22August 1 each year must aggregate the data for the year and assess whether program
1.23or system changes are necessary to achieve the goal. The report must be posted on the
1.24department's Web site and submitted to the governor and the chairs and ranking minority
2.1members of the house of representatives and senate committees having jurisdiction over
2.2natural resources policy and finance.
2.3(c) The commissioner shall allow electronic submission of environmental review
2.4and permit documents to the department.
2.5(d) Beginning July 1, 2011, within 30 business days of application for a permit
2.6subject to paragraph (a), the commissioner of natural resources shall notify the project
2.7proposer, in writing, of whether or not the permit application is complete enough for
2.8processing. If the permit is incomplete, the commissioner must identify where deficiencies
2.9exist and advise the applicant on how they can be remedied. A resubmittal of the
2.10application begins a new 30-day review period. If the commissioner fails to notify the
2.11project proposer of completeness within 30 business days, the application is deemed to be
2.12substantially complete and subject to the 150-day permitting review period in paragraph
2.13(a) from the date it was submitted. This paragraph does not apply to an application for a
2.14permit that is subject to a grant or loan agreement under chapter 446A.

2.15    Sec. 2. Minnesota Statutes 2010, section 115.07, is amended to read:
2.16115.07 VIOLATIONS AND PROHIBITIONS.
2.17    Subdivision 1. Obtain permit. (a) Except as provided in paragraph (b), it shall be
2.18is unlawful for any person to construct, install, or operate a disposal system, or any part
2.19thereof, until plans therefor shall and specifications for the disposal system have been
2.20submitted to the agency, unless the agency shall have waived the waives submission
2.21thereof to it of the plans and specifications and a written permit therefor shall have been
2.22for the disposal system is granted by the agency.
2.23(b) If a person who discharges a pollutant into the waters of the state is required by
2.24statute or rule to obtain a national pollutant discharge elimination system permit or a state
2.25disposal system permit, the person may construct or install, prior to issuance of the permit,
2.26at the person's own risk, a disposal system or any part thereof, unless the action taken:
2.27(1) is prohibited by federal law or regulation;
2.28(2) is by a municipality constructing a wastewater system with a design capacity of
2.29200,000 gallons per day, or less;
2.30(3) is subject to environmental review under chapter 116D, and prohibited from
2.31commencing construction until that process is completed;
2.32(4) is subject to a grant or loan agreement under chapter 446A;
2.33(5) requires a construction storm water permit under rules of the agency; or
2.34(6) requires a subsurface sewage treatment system permit under rules of the agency.
3.1The person is prohibited from operating the system or discharging pollutants into
3.2the waters of the state until a written permit for the discharge is granted by the agency
3.3and until plans and specifications for the disposal system have been approved, unless the
3.4agency waives the submission of plans and specifications.
3.5(c) For disposal systems operated on streams with extreme seasonal flows, the
3.6agency must allow seasonal permit limits based on a fixed or variable effluent limit when
3.7the municipality operating the disposal system requests them and is in compliance with
3.8agency water quality standards.
3.9    Subd. 3. Permission for extension. (a) Except as provided in paragraph (b), it
3.10shall be is unlawful for any person to make any change in, addition to, or extension of any
3.11existing disposal system or point source, or part thereof, to effect any facility expansion,
3.12production increase, or process modification which results in new or increased discharges
3.13of pollutants, or to operate such system or point source, or part thereof as so changed,
3.14added to, or extended until plans and specifications therefor shall have been submitted to
3.15the agency, unless the agency shall have waived the waives submission thereof to it of
3.16the plans and specifications and a written permit therefor shall have been for the change,
3.17addition, or extension is granted by the agency.
3.18(b) If a person who discharges a pollutant into the waters of the state is required by
3.19statute or rule to obtain a national pollutant discharge elimination system permit or a state
3.20disposal system permit, the person may, prior to issuance of the permit, at the person's
3.21own risk, act to change, add to, or extend an existing disposal system or point source, or
3.22part thereof, unless the action taken:
3.23(1) is prohibited by federal law or regulation;
3.24(2) is by a municipality constructing a wastewater system with a design capacity of
3.25200,000 gallons per day, or less;
3.26(3) is subject to environmental review under chapter 116D, and prohibited from
3.27commencing construction until that process is completed;
3.28(4) is subject to a grant or loan agreement under chapter 446A;
3.29(5) requires a construction storm water permit under rules of the agency; or
3.30(6) requires a subsurface treatment system permit under rules of the agency.
3.31The person is prohibited from operating the system or discharging pollutants into
3.32the waters of the state until a written permit for the discharge is granted by the agency
3.33and until plans and specifications for the disposal system have been approved, unless the
3.34agency waives the submission of plans and specifications.

4.1    Sec. 3. Minnesota Statutes 2010, section 116.03, is amended by adding a subdivision to
4.2read:
4.3    Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and
4.4resource management permits be issued or denied within 150 days of the submission of a
4.5substantially completed permit application. The commissioner of the Pollution Control
4.6Agency shall establish management systems designed to achieve the goal.
4.7(b) The commissioner shall prepare semiannual permitting efficiency reports that
4.8include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
4.9August 1 each year. For permit applications that have not met the goal, the report must
4.10state the reasons for not meeting the goal, steps that will be taken to complete action on
4.11the application, and the expected timeline. In stating the reasons for not meeting the
4.12goal, the commissioner shall separately identify delays caused by the responsiveness of
4.13the proposer, lack of staff, scientific or technical disagreements, or the level of public
4.14engagement. The report must specify the number of days from initial submission of the
4.15application to the day of determination that the application is complete. The report for
4.16August 1 each year must aggregate the data for the year and assess whether program
4.17or system changes are necessary to achieve the goal. The report must be posted on the
4.18agency's Web site and submitted to the governor and the chairs and ranking minority
4.19members of the house of representatives and senate committees having jurisdiction over
4.20environment policy and finance.
4.21(c) The commissioner shall allow electronic submission of environmental review
4.22and permit documents to the agency.
4.23(d) Beginning July 1, 2011, within 30 business days of application for a permit
4.24subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify
4.25the project proposer, in writing, of whether or not the permit application is complete
4.26enough for processing. If the permit is incomplete, the commissioner must identify where
4.27deficiencies exist and advise the applicant on how they can be remedied. A resubmittal of
4.28the application begins a new 30-day review period. If the commissioner fails to notify the
4.29project proposer of completeness within 30 business days, the application is deemed to be
4.30substantially complete and subject to the 150-day permitting review period in paragraph
4.31(a) from the date it was submitted. This paragraph does not apply to an application for a
4.32permit that is subject to a grant or loan agreement under chapter 446A.

4.33    Sec. 4. Minnesota Statutes 2010, section 116.07, subdivision 2, is amended to read:
4.34    Subd. 2. Adoption of standards. (a) The Pollution Control Agency shall improve
4.35air quality by promoting, in the most practicable way possible, the use of energy sources
5.1and waste disposal methods which produce or emit the least air contaminants consistent
5.2with the agency's overall goal of reducing all forms of pollution. The agency shall also
5.3adopt standards of air quality, including maximum allowable standards of emission of air
5.4contaminants from motor vehicles, recognizing that due to variable factors, no single
5.5standard of purity of air is applicable to all areas of the state. In adopting standards the
5.6Pollution Control Agency shall give due recognition to the fact that the quantity or
5.7characteristics of air contaminants or the duration of their presence in the atmosphere,
5.8which may cause air pollution in one area of the state, may cause less or not cause any air
5.9pollution in another area of the state, and it shall take into consideration in this connection
5.10such factors, including others which it may deem proper, as existing physical conditions,
5.11zoning classifications, topography, prevailing wind directions and velocities, and the fact
5.12that a standard of air quality which may be proper as to an essentially residential area of
5.13the state, may not be proper as to a highly developed industrial area of the state. Such
5.14standards of air quality shall be premised upon scientific knowledge of causes as well as
5.15effects based on technically substantiated criteria and commonly accepted practices. No
5.16local government unit shall set standards of air quality which are more stringent than
5.17those set by the Pollution Control Agency.
5.18(b) The Pollution Control Agency shall promote solid waste disposal control
5.19by encouraging the updating of collection systems, elimination of open dumps, and
5.20improvements in incinerator practices. The agency shall also adopt standards for the
5.21control of the collection, transportation, storage, processing, and disposal of solid waste
5.22and sewage sludge for the prevention and abatement of water, air, and land pollution,
5.23recognizing that due to variable factors, no single standard of control is applicable to
5.24all areas of the state. In adopting standards, the Pollution Control Agency shall give
5.25due recognition to the fact that elements of control which may be reasonable and proper
5.26in densely populated areas of the state may be unreasonable and improper in sparsely
5.27populated or remote areas of the state, and it shall take into consideration in this connection
5.28such factors, including others which it may deem proper, as existing physical conditions,
5.29topography, soils and geology, climate, transportation, and land use. Such standards of
5.30control shall be premised on technical criteria and commonly accepted practices.
5.31(c) The Pollution Control Agency shall also adopt standards describing the
5.32maximum levels of noise in terms of sound pressure level which may occur in the outdoor
5.33atmosphere, recognizing that due to variable factors no single standard of sound pressure
5.34is applicable to all areas of the state. Such standards shall give due consideration to
5.35such factors as the intensity of noises, the types of noises, the frequency with which
5.36noises recur, the time period for which noises continue, the times of day during which
6.1noises occur, and such other factors as could affect the extent to which noises may be
6.2injurious to human health or welfare, animal or plant life, or property, or could interfere
6.3unreasonably with the enjoyment of life or property. In adopting standards, the Pollution
6.4Control Agency shall give due recognition to the fact that the quantity or characteristics
6.5of noise or the duration of its presence in the outdoor atmosphere, which may cause
6.6noise pollution in one area of the state, may cause less or not cause any noise pollution
6.7in another area of the state, and it shall take into consideration in this connection such
6.8factors, including others which it may deem proper, as existing physical conditions,
6.9zoning classifications, topography, meteorological conditions and the fact that a standard
6.10which may be proper in an essentially residential area of the state, may not be proper as to
6.11a highly developed industrial area of the state. Such noise standards shall be premised
6.12upon scientific knowledge as well as effects based on technically substantiated criteria
6.13and commonly accepted practices. No local governing unit shall set standards describing
6.14the maximum levels of sound pressure which are more stringent than those set by the
6.15Pollution Control Agency.
6.16(d) The Pollution Control Agency shall adopt standards for the identification of
6.17hazardous waste and for the management, identification, labeling, classification, storage,
6.18collection, transportation, processing, and disposal of hazardous waste, recognizing
6.19that due to variable factors, a single standard of hazardous waste control may not be
6.20applicable to all areas of the state. In adopting standards, the Pollution Control Agency
6.21shall recognize that elements of control which may be reasonable and proper in densely
6.22populated areas of the state may be unreasonable and improper in sparsely populated
6.23or remote areas of the state. The agency shall consider existing physical conditions,
6.24topography, soils, and geology, climate, transportation and land use. Standards of
6.25hazardous waste control shall be premised on technical knowledge, and commonly
6.26accepted practices. Hazardous waste generator licenses may be issued for a term not to
6.27exceed five years. No local government unit shall set standards of hazardous waste control
6.28which are in conflict or inconsistent with those set by the Pollution Control Agency.
6.29(e) A person who generates less than 100 kilograms of hazardous waste per month is
6.30exempt from the following agency hazardous waste rules:
6.31(1) rules relating to transportation, manifesting, storage, and labeling for
6.32photographic fixer and x-ray negative wastes that are hazardous solely because of silver
6.33content; and
6.34(2) any rule requiring the generator to send to the agency or commissioner a copy
6.35of each manifest for the transportation of hazardous waste for off-site treatment, storage,
7.1or disposal, except that counties within the metropolitan area may require generators to
7.2provide manifests.
7.3Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
7.4accumulation or outdoor storage. A political subdivision or other local unit of government
7.5may not adopt management requirements that are more restrictive than this paragraph.
7.6(f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
7.7solid waste, or hazardous waste under this chapter, or standards for water quality under
7.8chapter 115, the statement of need and reasonableness must include:
7.9(1) an assessment of any differences between the proposed rule and:
7.10(i) existing federal standards adopted under the Clean Air Act, United States Code,
7.11title 42, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections
7.121312(a) and 1313(c)(4); and the Resource Conservation and Recovery Act, United States
7.13Code, title 42, section 6921(b)(1);
7.14(ii) similar standards in states bordering Minnesota; and
7.15(iii) similar standards in states within the Environmental Protection Agency Region
7.165; and
7.17(2) a specific analysis of the need and reasonableness of each difference.
7.18APPLICATION.This section applies to proceedings in which the notice under
7.19section 14.14, subdivision 1a, or 14.22, is made on or after the effective date.

7.20    Sec. 5. Minnesota Statutes 2010, section 116D.04, subdivision 1a, is amended to read:
7.21    Subd. 1a. Definitions. For the purposes of this chapter, the following terms have the
7.22meanings given to them in this subdivision.
7.23(a) "Natural resources" has the meaning given it in section 116B.02, subdivision 4.
7.24(b) "Pollution, impairment or destruction" has the meaning given it in section
7.25116B.02, subdivision 5 .
7.26(c) "Environmental assessment worksheet" means a brief document which is
7.27designed to set out the basic facts necessary to determine whether an environmental
7.28impact statement is required for a proposed action.
7.29(d) "Governmental action" means activities, including projects wholly or partially
7.30conducted, permitted, assisted, financed, regulated, or approved by units of government
7.31including the federal government.
7.32(e) "Governmental unit" means any state agency and any general or special purpose
7.33unit of government in the state including, but not limited to, watershed districts organized
7.34under chapter 103D, counties, towns, cities, port authorities, housing authorities, and
8.1economic development authorities established under sections 469.090 to 469.108, but not
8.2including courts, school districts, Iron Range resources and rehabilitation, and regional
8.3development commissions other than the Metropolitan Council.

8.4    Sec. 6. Minnesota Statutes 2010, section 116D.04, subdivision 2a, is amended to read:
8.5    Subd. 2a. When prepared. Where there is potential for significant environmental
8.6effects resulting from any major governmental action, the action shall be preceded by a
8.7detailed environmental impact statement prepared by the responsible governmental unit.
8.8The environmental impact statement shall be an analytical rather than an encyclopedic
8.9document which describes the proposed action in detail, analyzes its significant
8.10environmental impacts, discusses appropriate alternatives to the proposed action and
8.11their impacts, and explores methods by which adverse environmental impacts of an
8.12action could be mitigated. The environmental impact statement shall also analyze those
8.13economic, employment and sociological effects that cannot be avoided should the action
8.14be implemented. To ensure its use in the decision-making process, the environmental
8.15impact statement shall be prepared as early as practical in the formulation of an action.
8.16No mandatory environmental impact statement may be required for an ethanol plant,
8.17as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than
8.18125,000,000 gallons of ethanol annually and is located outside of the seven-county
8.19metropolitan area.
8.20(a) The board shall by rule establish categories of actions for which environmental
8.21impact statements and for which environmental assessment worksheets shall be prepared
8.22as well as categories of actions for which no environmental review is required under
8.23this section.
8.24(b) The responsible governmental unit shall promptly publish notice of the
8.25completion of an environmental assessment worksheet in a manner to be determined by
8.26the board and shall provide copies of the environmental assessment worksheet to the board
8.27and its member agencies. Comments on the need for an environmental impact statement
8.28may be submitted to the responsible governmental unit during a 30-day period following
8.29publication of the notice that an environmental assessment worksheet has been completed.
8.30The responsible governmental unit's decision on the need for an environmental impact
8.31statement shall be based on the environmental assessment worksheet and the comments
8.32received during the comment period, and shall be made within 15 days after the close of
8.33the comment period. The board's chair may extend the 15-day period by not more than 15
8.34additional days upon the request of the responsible governmental unit.
9.1(c) An environmental assessment worksheet shall also be prepared for a proposed
9.2action whenever material evidence accompanying a petition by not less than 25
9.3individuals, submitted before the proposed project has received final approval by the
9.4appropriate governmental units, demonstrates that, because of the nature or location of a
9.5proposed action, there may be potential for significant environmental effects. Petitions
9.6requesting the preparation of an environmental assessment worksheet shall be submitted to
9.7the board. The chair of the board shall determine the appropriate responsible governmental
9.8unit and forward the petition to it. A decision on the need for an environmental assessment
9.9worksheet shall be made by the responsible governmental unit within 15 days after the
9.10petition is received by the responsible governmental unit. The board's chair may extend
9.11the 15-day period by not more than 15 additional days upon request of the responsible
9.12governmental unit.
9.13(d) Except in an environmentally sensitive location where Minnesota Rules, part
9.144410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
9.15review under this chapter and rules of the board, if:
9.16(1) the proposed action is:
9.17(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
9.18(ii) an expansion of an existing animal feedlot facility with a total cumulative
9.19capacity of less than 1,000 animal units;
9.20(2) the application for the animal feedlot facility includes a written commitment by
9.21the proposer to design, construct, and operate the facility in full compliance with Pollution
9.22Control Agency feedlot rules; and
9.23(3) the county board holds a public meeting for citizen input at least ten business
9.24days prior to the Pollution Control Agency or county issuing a feedlot permit for the
9.25animal feedlot facility unless another public meeting for citizen input has been held with
9.26regard to the feedlot facility to be permitted. The exemption in this paragraph is in
9.27addition to other exemptions provided under other law and rules of the board.
9.28(e) The board may, prior to final approval of a proposed project, require preparation
9.29of an environmental assessment worksheet by a responsible governmental unit selected
9.30by the board for any action where environmental review under this section has not been
9.31specifically provided for by rule or otherwise initiated.
9.32(f) An early and open process shall be utilized to limit the scope of the environmental
9.33impact statement to a discussion of those impacts, which, because of the nature or location
9.34of the project, have the potential for significant environmental effects. The same process
9.35shall be utilized to determine the form, content and level of detail of the statement as well
9.36as the alternatives which are appropriate for consideration in the statement. In addition,
10.1the permits which will be required for the proposed action shall be identified during the
10.2scoping process. Further, the process shall identify those permits for which information
10.3will be developed concurrently with the environmental impact statement. The board
10.4shall provide in its rules for the expeditious completion of the scoping process. The
10.5determinations reached in the process shall be incorporated into the order requiring the
10.6preparation of an environmental impact statement.
10.7(g) The responsible governmental unit shall, to the extent practicable, avoid
10.8duplication and ensure coordination between state and federal environmental review
10.9and between environmental review and environmental permitting. Whenever practical,
10.10information needed by a governmental unit for making final decisions on permits or
10.11other actions required for a proposed project shall be developed in conjunction with the
10.12preparation of an environmental impact statement.
10.13(h) An environmental impact statement shall be prepared and its adequacy
10.14determined within 280 days after notice of its preparation unless the time is extended by
10.15consent of the parties or by the governor for good cause. The responsible governmental
10.16unit shall determine the adequacy of an environmental impact statement, unless within 60
10.17days after notice is published that an environmental impact statement will be prepared,
10.18the board chooses to determine the adequacy of an environmental impact statement. If an
10.19environmental impact statement is found to be inadequate, the responsible governmental
10.20unit shall have 60 days to prepare an adequate environmental impact statement.
10.21(i) The proposer of a specific action may include in the information submitted to the
10.22responsible governmental unit a preliminary draft environmental impact statement under
10.23this section on that action for review, modification, and determination of completeness and
10.24adequacy by the responsible governmental unit. A preliminary draft environmental impact
10.25statement prepared by the project proposer and submitted to the responsible governmental
10.26unit shall identify or include as an appendix all studies and other sources of information
10.27used to substantiate the analysis contained in the preliminary draft environmental impact
10.28statement. The responsible governmental unit shall require additional studies, if needed,
10.29and obtain from the project proposer all additional studies and information necessary for
10.30the responsible governmental unit to perform its responsibility to review, modify, and
10.31determine the completeness and adequacy of the environmental impact statement.

10.32    Sec. 7. Minnesota Statutes 2010, section 116D.04, subdivision 3a, is amended to read:
10.33    Subd. 3a. Final decisions. Within 90 30 days after final approval of an
10.34environmental impact statement, final decisions shall be made by the appropriate
10.35governmental units on those permits which were identified as required and for which
11.1information was developed concurrently with the preparation of the environmental impact
11.2statement. Provided, however, that the 90-day 30-day period may be extended where a
11.3longer period is permitted by section 15.99 or required by federal law or state statute or is
11.4consented to by the permit applicant. The permit decision shall include the reasons for
11.5the decision, including any conditions under which the permit is issued, together with a
11.6final order granting or denying the permit.
11.7APPLICATION.This section applies to matters in which final approval of an
11.8environmental impact statement is made on or after the effective date.

11.9    Sec. 8. Minnesota Statutes 2010, section 116D.04, subdivision 10, is amended to read:
11.10    Subd. 10. Review. Decisions A person aggrieved by a final decision on the need for
11.11an environmental assessment worksheet, the need for an environmental impact statement
11.12and, or the adequacy of an environmental impact statement may be reviewed by a
11.13declaratory judgment action in the district court of the county wherein the proposed action,
11.14or any part thereof, would be undertaken is entitled to judicial review of the decision
11.15under sections 14.63 to 14.68. A petition for a writ of certiorari by an aggrieved person
11.16for judicial review under sections 14.63 to 14.68 must be filed with the Court of Appeals
11.17and served on the responsible governmental unit not more than 30 days after the party
11.18receives the final decision and order of the responsible governmental unit. Proceedings for
11.19review under this section must be instituted by serving a petition for a writ of certiorari
11.20personally or by certified mail upon the responsible governmental unit and by promptly
11.21filing the proof of service in the Office of the Clerk of the Appellate Courts and the
11.22matter will proceed in the manner provided by the Rules of Civil Appellate Procedure.
11.23A copy of the petition must be provided to the attorney general at the time of service.
11.24Copies of the writ must be served, personally or by certified mail, upon the responsible
11.25governmental unit and the project proposer. The filing of the writ of certiorari does not
11.26stay the enforcement of any other governmental action, provided that the responsible
11.27governmental unit may stay enforcement or the Court of Appeals may order a stay upon
11.28terms it deems proper. Judicial review under this section shall be initiated within 30
11.29days after the governmental unit makes the decision, and A bond may be required under
11.30section 562.02 unless at the time of hearing on the application for the bond the plaintiff
11.31petitioner-relator has shown that the claim has sufficient possibility of success is likely
11.32to succeed on the merits to sustain the burden required for the issuance of a temporary
11.33restraining order. Nothing in this section shall be construed to alter the requirements for a
11.34temporary restraining order or a preliminary injunction pursuant to the Minnesota Rules of
11.35Civil Procedure for district courts. The board may initiate judicial review of decisions
12.1referred to herein and the board or a project proposer may intervene as of right in any
12.2proceeding brought under this subdivision.
12.3APPLICATION.This section applies to matters in which the final decision that is
12.4subject to judicial review is made on or after the effective date.

12.5    Sec. 9. Minnesota Statutes 2010, section 116D.045, subdivision 1, is amended to read:
12.6    Subdivision 1. Assessment. The board shall by rule adopt procedures to assess
12.7the proposer of a specific action for reasonable costs of preparing, reviewing, and
12.8distributing an the environmental impact statement on that action required pursuant to
12.9section 116D.04. Such The costs shall be determined by the responsible governmental
12.10unit pursuant to the rules promulgated by the board.

12.11    Sec. 10. Minnesota Statutes 2010, section 116D.045, subdivision 3, is amended to read:
12.12    Subd. 3. Use of assessment. As necessary, the responsible governmental unit shall
12.13assess the project proposer for reasonable costs that the responsible governmental unit
12.14incurs in preparing, reviewing, and distributing the environmental impact statement and
12.15the proposer shall pay the assessed cost to the responsible governmental unit. Money
12.16received under this subdivision by a responsible governmental unit may be retained by the
12.17unit for the same purposes. Money received by a state agency must be credited to a special
12.18account and is appropriated to the agency to cover the assessed costs incurred.

12.19    Sec. 11. RULE AMENDMENT.
12.20The commissioner of the Pollution Control Agency, the commissioner of natural
12.21resources, and the Environmental Quality Board, must amend rules necessary to conform
12.22to this act. The commissioners and the board may use the good cause exemption under
12.23Minnesota Statutes, section 14.388, subdivision 1, clause (3), and Minnesota Statutes,
12.24section 14.386, does not apply, except as provided in Minnesota Statutes, section 14.388.

12.25    Sec. 12. EFFECTIVE DATE.
12.26This act is effective the day following final enactment.