HF 3079

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/08/2010 01:21pm

A bill for an act
relating to state government; providing for certain permitting efficiency;
modifying environmental review provisions; amending Minnesota Statutes 2008,
sections 17.03, by adding a subdivision; 84.027, by adding a subdivision; 116.03,
by adding a subdivision; 116D.04, subdivisions 2a, 10, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2008, section 17.03, is amended by adding a subdivision
to read:

new text begin Subd. 11a. new text end

new text begin Permitting efficiency goal and report. new text end

new text begin (a) It is the goal of the state that
environmental and resource management permits be issued or denied within 150 days of
the submission of a completed permit application. The commissioner of agriculture shall
establish management systems designed to achieve the goal.
new text end

new text begin (b) The commissioner shall prepare semiannual permitting efficiency reports that
include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
August 1 each year. For permit applications that have not met the goal, the report must
state the reasons for not meeting the goal, steps that will be taken to complete action on
the application, and the expected timeline. In stating the reasons for not meeting the goal,
the commissioner shall separately identify delays caused by the responsiveness of the
proposer, lack of staff, or scientific or technical disagreements or caused by the level of
public engagement. The report must specify the number of days from initial submission of
the application to the day of determination that the application is complete. The report
for the final quarter of the fiscal year must aggregate the data for the year and assess
whether program or system changes are necessary to achieve the goal. The report must
be posted on the department Web site and submitted to the governor and the chairs of
the house of representatives and senate committees having jurisdiction over agriculture
policy and finance.
new text end

new text begin (c) The commissioner shall allow electronic submission of environmental review
and permit documents to the department.
new text end

Sec. 2.

Minnesota Statutes 2008, section 84.027, is amended by adding a subdivision
to read:

new text begin Subd. 14a. new text end

new text begin Permitting efficiency. new text end

new text begin (a) It is the goal of the state that environmental
and resource management permits be issued or denied within 150 days of the submission
of a completed permit application. The commissioner of natural resources shall establish
management systems designed to achieve the goal.
new text end

new text begin (b) The commissioner shall prepare semiannual permitting efficiency reports that
include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
August 1 each year. For permit applications that have not met the goal, the report must
state the reasons for not meeting the goal, steps that will be taken to complete action on
the application, and the expected timeline. In stating the reasons for not meeting the goal,
the commissioner shall separately identify delays caused by the responsiveness of the
proposer, lack of staff, or scientific or technical disagreements or caused by the level of
public engagement. The report must specify the number of days from initial submission of
the application to the day of determination that the application is complete. The report
for the final quarter of the fiscal year must aggregate the data for the year and assess
whether program or system changes are necessary to achieve the goal. The report must be
posted on the department Web site and submitted to the governor and the chairs of the
house of representatives and senate committees having jurisdiction over natural resources
policy and finance.
new text end

new text begin (c) The commissioner shall allow electronic submission of environmental review
and permit documents to the department.
new text end

Sec. 3.

Minnesota Statutes 2008, section 116.03, is amended by adding a subdivision to
read:

new text begin Subd. 2b. new text end

new text begin Permitting efficiency. new text end

new text begin (a) It is the goal of the state that environmental
and resource management permits be issued or denied within 150 days of the submission
of a completed permit application. The commissioner of the Pollution Control Agency
shall establish management systems designed to achieve the goal.
new text end

new text begin (b) The commissioner shall prepare semiannual permitting efficiency reports that
include statistics on meeting the goal in paragraph (a). The reports are due February 1 and
August 1 each year. For permit applications that have not met the goal, the report must
state the reasons for not meeting the goal, steps that will be taken to complete action on
the application, and the expected timeline. In stating the reasons for not meeting the goal,
the commissioner shall separately identify delays caused by the responsiveness of the
proposer, lack of staff, or scientific or technical disagreements or caused by the level of
public engagement. The report must specify the number of days from initial submission of
the application to the day of determination that the application is complete. The report
for the final quarter of the fiscal year must aggregate the data for the year and assess
whether program or system changes are necessary to achieve the goal. The report must
be posted on the agency Web site and submitted to the governor and the chairs of the
house of representatives and senate committees having jurisdiction over environment
policy and finance.
new text end

new text begin (c) The commissioner shall allow electronic submission of environmental review
and permit documents to the agency.
new text end

Sec. 4.

Minnesota Statutes 2008, section 116D.04, subdivision 2a, is amended to read:

Subd. 2a.

When prepared.

Where there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant
environmental impacts, discusses appropriate alternatives to the proposed action and
their impacts, and explores methods by which adverse environmental impacts of an
action could be mitigated. The environmental impact statement shall also analyze those
economic, employment and sociological effects that cannot be avoided should the action
be implemented. To ensure its use in the decision-making process, the environmental
impact statement shall be prepared as early as practical in the formulation of an action.
No mandatory environmental impact statement may be required for an ethanol plant,
as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than
125,000,000 gallons of ethanol annually and is located outside of the seven-county
metropolitan area.

(a) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under
this section.

(b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet in a manner to be determined by
the board and shall provide copies of the environmental assessment worksheet to the board
and its member agencies. Comments on the need for an environmental impact statement
may be submitted to the responsible governmental unit during a 30 day period following
publication of the notice that an environmental assessment worksheet has been completed.
The responsible governmental unit's decision on the need for an environmental impact
statement shall be based on the environmental assessment worksheet and the comments
received during the comment period, and shall be made within 15 days after the close of
the comment period. The board's chair may extend the 15 day period by not more than 15
additional days upon the request of the responsible governmental unit.

(c) An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 25
individuals, submitted before the proposed project has received final approval by the
appropriate governmental units, demonstrates that, because of the nature or location of a
proposed action, there may be potential for significant environmental effects. Petitions
requesting the preparation of an environmental assessment worksheet shall be submitted to
the board. The chair of the board shall determine the appropriate responsible governmental
unit and forward the petition to it. A decision on the need for an environmental assessment
worksheet shall be made by the responsible governmental unit within 15 days after the
petition is received by the responsible governmental unit. The board's chair may extend
the 15 day period by not more than 15 additional days upon request of the responsible
governmental unit.

(d) Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:

(1) the proposed action is:

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

(ii) an expansion of an existing animal feedlot facility with a total cumulative
capacity of less than 1,000 animal units;

(2) the application for the animal feedlot facility includes a written commitment by
the proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and

(3) the county board holds a public meeting for citizen input at least ten business
days prior to the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in
addition to other exemptions provided under other law and rules of the board.

(e) The board may, prior to final approval of a proposed project, require preparation
of an environmental assessment worksheet by a responsible governmental unit selected
by the board for any action where environmental review under this section has not been
specifically provided for by rule or otherwise initiated.

(f) An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts, which, because of the nature or location
of the project, have the potential for significant environmental effects. The same process
shall be utilized to determine the form, content and level of detail of the statement as well
as the alternatives which are appropriate for consideration in the statement. In addition,
the permits which will be required for the proposed action shall be identified during the
scoping process. Further, the process shall identify those permits for which information
will be developed concurrently with the environmental impact statement. The board
shall provide in its rules for the expeditious completion of the scoping process. The
determinations reached in the process shall be incorporated into the order requiring the
preparation of an environmental impact statement.

(g) new text begin The responsible governmental unit shall, to the extent practicable, avoid
duplication and ensure coordination between state and federal environmental review
and between environmental review and environmental permitting. new text end Whenever practical,
information needed by a governmental unit for making final decisions on permits or
other actions required for a proposed project shall be developed in conjunction with the
preparation of an environmental impact statement.

(h) An environmental impact statement shall be prepared and its adequacy
determined within 280 days after notice of its preparation unless the time is extended by
consent of the parties or by the governor for good cause. The responsible governmental
unit shall determine the adequacy of an environmental impact statement, unless within 60
days after notice is published that an environmental impact statement will be prepared,
the board chooses to determine the adequacy of an environmental impact statement. If an
environmental impact statement is found to be inadequate, the responsible governmental
unit shall have 60 days to prepare an adequate environmental impact statement.

Sec. 5.

Minnesota Statutes 2008, section 116D.04, subdivision 10, is amended to read:

Subd. 10.

Review.

Decisions on the need for an environmental assessment
worksheet, the need for an environmental impact statement and the adequacy of an
environmental impact statement may be reviewed by deleted text begin a declaratory judgment action in
the district court of the county wherein the proposed action, or any part thereof, would
be undertaken deleted text end new text begin the Court of Appeals new text end . Judicial review under this section shall be initiated
within 30 days after the governmental unit makes the decision, and a bond may be
required under section 562.02 unless at the time of hearing on the application for the bond
the plaintiff has shown that the claim has sufficient possibility of success on the merits to
sustain the burden required for the issuance of a temporary restraining order. Nothing in
this section shall be construed to alter the requirements for a temporary restraining order
or a preliminary injunction pursuant to the Minnesota Rules of Civil Procedure for district
courts. The board may initiate judicial review of decisions referred to herein and may
intervene as of right in any proceeding brought under this subdivision.

Sec. 6.

Minnesota Statutes 2008, section 116D.04, is amended by adding a subdivision
to read:

new text begin Subd. 14. new text end

new text begin Customized environmental assessment worksheet forms. new text end

new text begin State
agencies that are responsible governmental units and the board shall periodically review
mandatory environmental assessment worksheet categories under rules adopted under this
section, and other project types that are frequently subject to environmental review, and
develop customized environmental assessment worksheet forms for the category or project
type. The forms must include specific questions that focus on key environmental issues for
the category or project type. The board shall develop the forms for categories and project
types where a state agency is not a responsible governmental unit. In assessing categories
and project types and developing forms, the board shall seek the input of governmental
units that are frequently responsible for the preparation of a worksheet for the particular
category or project type. State agencies and the board shall also seek input from the
general public on the development of customized forms.
new text end