For any project listed in part 4410.4300 or 4410.4400, the governmental unit specified in those rules is the RGU unless the project will be carried out by a state agency, in which case that state agency is the RGU. For any project listed in both parts 4410.4300 and 4410.4400, the RGU is the unit specified in part 4410.4400. For any project listed in two or more subparts of part 4410.4300 or two or more subparts of part 4410.4400, the RGU is determined as specified in subpart 5.
If a governmental unit orders an EAW pursuant to part 4410.1000, subpart 3, item A, that governmental unit shall be designated as the RGU.
If an EAW is ordered in response to a petition, the RGU that was designated by the EQB to act on the petition is responsible for the preparation of the EAW. The EQB chair or designee shall determine an RGU to act on the petition as follows:
if a state agency proposes to carry out the project, it is the RGU;
for any project of a type for which a mandatory category is listed in part 4410.4300, the RGU is the governmental unit specified by the mandatory category for projects of that type, unless the project will be carried out by a state agency; or
for any project of a type for which there is no mandatory category listed in part 4410.4300 and which will not be carried out by a state agency, the RGU is selected in accordance with subpart 5.
In applying items A, B, and C, the EQB chair or designee shall not designate as the RGU any governmental unit which has already made its final decisions to grant all permits or approvals required from it to construct the project. If as a result, the RGU cannot be designated under item A, B, or C, the RGU shall be designated pursuant to subpart 5, except that no completed data portions of an EAW shall be required for the determination.
If the EQB orders an EAW pursuant to part 4410.1000, subpart 3, item C, the EQB shall, at the same time, designate the RGU for that EAW.
For any project where the RGU is not listed in part 4410.4300 or 4410.4400 or which falls into more than one category in part 4410.4300 or 4410.4400, or for which the RGU is in question, the RGU is determined as follows:
When a single governmental unit proposes to carry out or has sole jurisdiction to approve a project, it is the RGU.
When two or more governmental units propose to carry out or have jurisdiction to approve the project, the RGU is the governmental unit with the greatest responsibility for supervising or approving the project as a whole. Where it is not clear which governmental unit has the greatest responsibility for supervising or approving the project or where there is a dispute about which governmental unit has the greatest responsibility for supervising or approving the project, the governmental units shall either:
by agreement, designate which unit is the RGU within five days of receipt of the completed data portion of the EAW; or
submit the question to the EQB chairperson, who shall within five days of receipt of the completed data portions of the EAW designate the RGU based on a consideration of which governmental unit has the greatest responsibility for supervising or approving the project or has expertise that is relevant for the environmental review.
Notwithstanding subparts 1 to 5, the EQB or EQB chair may designate a different RGU for the project if the designee has greater expertise in analyzing the potential impacts of the project.
MS s 116C.991; 116D.04; 116D.045; L 2013 c 114 art 4 s 105; L 2015 1Sp4 art 4 s 121; art 5 s 33
11 SR 714; 21 SR 1458; 44 SR 691
January 17, 2020
Official Publication of the State of Minnesota
Revisor of Statutes