Minnesota Legislature
HF 3079
as introduced - 86th Legislature (2009 - 2010) Posted on 02/18/2010 09:04am
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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, subdivision 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 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 undertakendeleted text end new text begin the Court of Appealsnew 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. 5.
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