2003 Minnesota Statutes

CHAPTER 116D. Environmental policy

     116D.01 Purpose.  

    The purposes of Laws 1973, chapter 412, are:  (a) to 
 declare a state policy that will encourage productive and 
 enjoyable harmony between human beings and their environment; 
 (b) to promote efforts that will prevent or eliminate damage to 
 the environment and biosphere and stimulate the health and 
 welfare of human beings; and (c) to enrich the understanding of 
 the ecological systems and natural resources important to the 
 state and to the nation.  

    HIST: 1973 c 412 s 1; 1986 c 444 

     116D.02 Declaration of state environmental policy.  

    Subdivision 1.  The legislature, recognizing the profound 
 impact of human activity on the interrelations of all components 
 of the natural environment, particularly the profound influences 
 of population growth, high density urbanization, industrial 
 expansion, resources exploitation, and new and expanding 
 technological advances and recognizing further the critical 
 importance of restoring and maintaining environmental quality to 
 the overall welfare and development of human beings, declares 
 that it is the continuing policy of the state government, in 
 cooperation with federal and local governments, and other 
 concerned public and private organizations, to use all 
 practicable means and measures, including financial and 
 technical assistance, in a manner calculated to foster and 
 promote the general welfare, to create and maintain conditions 
 under which human beings and nature can exist in productive 
 harmony, and fulfill the social, economic, and other 
 requirements of present and future generations of the state's 
 people.  

    Subd. 2.  In order to carry out the policy set forth in 
 Laws 1973, chapter 412, it is the continuing responsibility of 
 the state government to use all practicable means, consistent 
 with other essential considerations of state policy, to improve 
 and coordinate state plans, functions, programs and resources to 
 the end that the state may: 

    (1) fulfill the responsibilities of each generation as 
 trustee of the environment for succeeding generations; 

    (2) assure for all people of the state safe, healthful, 
 productive, and aesthetically and culturally pleasing 
 surroundings; 

    (3) discourage ecologically unsound aspects of population, 
 economic and technological growth, and develop and implement a 
 policy such that growth occurs only in an environmentally 
 acceptable manner; 

    (4) preserve important historic, cultural, and natural 
 aspects of our national heritage, and maintain, wherever 
 practicable, an environment that supports diversity, and variety 
 of individual choice; 

    (5) encourage, through education, a better understanding of 
 natural resources management principles that will develop 
 attitudes and styles of living that minimize environmental 
 degradation; 

    (6) develop and implement land use and environmental 
 policies, plans, and standards for the state as a whole and for 
 major regions thereof through a coordinated program of planning 
 and land use control; 

    (7) define, designate, and protect environmentally 
 sensitive areas; 

    (8) establish and maintain statewide environmental 
 information systems sufficient to gauge environmental 
 conditions; 

    (9) practice thrift in the use of energy and maximize the 
 use of energy efficient systems for the utilization of energy, 
 and minimize the environmental impact from energy production and 
 use; 

    (10) preserve important existing natural habitats of rare 
 and endangered species of plants, wildlife, and fish, and 
 provide for the wise use of our remaining areas of natural 
 habitation, including necessary protective measures where 
 appropriate; 

    (11) reduce wasteful practices which generate solid wastes; 

    (12) minimize wasteful and unnecessary depletion of 
 nonrenewable resources; 

    (13) conserve natural resources and minimize environmental 
 impact by encouraging extension of product lifetime, by reducing 
 the number of unnecessary and wasteful materials practices, and 
 by recycling materials to conserve both materials and energy; 

    (14) improve management of renewable resources in a manner 
 compatible with environmental protection; 

    (15) provide for reclamation of mined lands and assure that 
 any mining is accomplished in a manner compatible with 
 environmental protection; 

    (16) reduce the deleterious impact on air and water quality 
 from all sources, including the deleterious environmental impact 
 due to operation of vehicles with internal combustion engines in 
 urbanized areas; 

    (17) minimize noise, particularly in urban areas; 

    (18) prohibit, where appropriate, flood plain development 
 in urban and rural areas; and 

    (19) encourage advanced waste treatment in abating water 
 pollution.  

    HIST: 1973 c 412 s 2; 1986 c 444 

     116D.03 Action by state agencies.  

    Subdivision 1.  The legislature authorizes and directs 
 that, to the fullest extent practicable the policies, rules and 
 public laws of the state shall be interpreted and administered 
 in accordance with the policies set forth in sections 116D.01 to 
 116D.06.  

    Subd. 2.  All departments and agencies of the state 
 government shall: 

    (1) on a continuous basis, seek to strengthen relationships 
 between state, regional, local and federal-state environmental 
 planning, development and management programs; 

    (2) utilize a systematic, interdisciplinary approach that 
 will insure the integrated use of the natural and social 
 sciences and the environmental arts in planning and in decision 
 making which may have an impact on the environment; as an aid in 
 accomplishing this purpose there shall be established advisory 
 councils or other forums for consultation with persons in 
 appropriate fields of specialization so as to ensure that the 
 latest and most authoritative findings will be considered in 
 administrative and regulatory decision making as quickly and as 
 amply as possible; 

    (3) identify and develop methods and procedures that will 
 ensure that environmental amenities and values, whether 
 quantified or not, will be given at least equal consideration in 
 decision making along with economic and technical 
 considerations; 

    (4) study, develop, and describe appropriate alternatives 
 to recommended courses of action in any proposal which involves 
 unresolved conflicts concerning alternative uses of available 
 resources; 

    (5) recognize the worldwide and long range character of 
 environmental problems and, where consistent with the policy of 
 the state, lend appropriate support to initiatives, resolutions, 
 and programs designed to maximize interstate, national and 
 international cooperation in anticipating and preventing a 
 decline in the quality of the world environment; 

    (6) make available to the federal government, counties, 
 municipalities, institutions and individuals, information useful 
 in restoring, maintaining, and enhancing the quality of the 
 environment, and in meeting the policies of the state as set 
 forth in Laws 1973, chapter 412; 

    (7) initiate the gathering and utilization of ecological 
 information in the planning and development of resource oriented 
 projects; and 

    (8) undertake, contract for or fund such research as is 
 needed in order to determine and clarify effects by known or 
 suspected pollutants which may be detrimental to human health or 
 to the environment, as well as to evaluate the feasibility, 
 safety and environmental effects of various methods of dealing 
 with pollutants.  

    HIST: 1973 c 412 s 3; 1985 c 248 s 70; 1986 c 444 

     116D.04 Environmental impact statements. 

    Subdivision 1. Repealed, 1980 c 447 s 10 

    Subd. 1a.  For the purposes of this chapter, the following 
 terms have the meanings given to them in this subdivision.  

    (a) "Natural resources" has the meaning given it in section 
 116B.02, subdivision 4.  

    (b) "Pollution, impairment or destruction" has the meaning 
 given it in section 116B.02, subdivision 5.  

    (c) "Environmental assessment worksheet" means a brief 
 document which is designed to set out the basic facts necessary 
 to determine whether an environmental impact statement is 
 required for a proposed action.  

    (d) "Governmental action" means activities, including 
 projects wholly or partially conducted, permitted, assisted, 
 financed, regulated, or approved by units of government 
 including the federal government.  

    (e) "Governmental unit" means any state agency and any 
 general or special purpose unit of government in the state 
 including, but not limited to, watershed districts organized 
 under chapter 103D, counties, towns, cities, port authorities, 
 housing authorities, and economic development authorities 
 established under sections 469.090 to 469.108, but not including 
 courts, school districts, and regional development commissions 
 other than the Metropolitan Council.  

    Subd. 2. Repealed, 1980 c 447 s 10 

    Subd. 2a.  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.  

    (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) 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. 

    Subd. 2b.  If an environmental assessment worksheet or an 
 environmental impact statement is required for a governmental 
 action under subdivision 2a, a project may not be started and a 
 final governmental decision may not be made to grant a permit, 
 approve a project, or begin a project, until: 

    (1) a petition for an environmental assessment worksheet is 
 dismissed; 

    (2) a negative declaration has been issued on the need for 
 an environmental impact statement; 

    (3) the environmental impact statement has been determined 
 adequate; or 

    (4) a variance has been granted from making an 
 environmental impact statement by the environmental quality 
 board. 

    Subd. 3. Repealed, 1980 c 447 s 10 

    Subd. 3a.  Within 90 days after final approval of an 
 environmental impact statement, final decisions shall be made by 
 the appropriate governmental units on those permits which were 
 identified as required and for which information was developed 
 concurrently with the preparation of the environmental impact 
 statement.  Provided, however, that the 90-day period may be 
 extended where a longer period is required by federal law or 
 state statute or is consented to by the permit applicant.  The 
 permit decision shall include the reasons for the decision, 
 including any conditions under which the permit is issued, 
 together with a final order granting or denying the permit.  

    Subd. 4. Repealed, 1980 c 447 s 10 

    Subd. 4a.  The board shall by rule identify alternative 
 forms of environmental review which will address the same issues 
 and utilize similar procedures as an environmental impact 
 statement in a more timely or more efficient manner to be 
 utilized in lieu of an environmental impact statement.  

    Subd. 5. Repealed, 1980 c 447 s 10 

    Subd. 5a.  The board shall, by January 1, 1981, promulgate 
 rules in conformity with this chapter and the provisions of 
 chapter 15, establishing:  

    (1) the governmental unit which shall be responsible for 
 environmental review of a proposed action; 

    (2) the form and content of environmental assessment 
 worksheets; 

    (3) a scoping process in conformance with subdivision 2a, 
 clause (e); 

    (4) a procedure for identifying during the scoping process 
 the permits necessary for a proposed action and a process for 
 coordinating review of appropriate permits with the preparation 
 of the environmental impact statement; 

    (5) a standard format for environmental impact statements; 

    (6) standards for determining the alternatives to be 
 discussed in an environmental impact statement; 

    (7) alternative forms of environmental review which are 
 acceptable pursuant to subdivision 4a; 

    (8) a model ordinance which may be adopted and implemented 
 by local governmental units in lieu of the environmental impact 
 statement process required by this section, providing for an 
 alternative form of environmental review where an action does 
 not require a state agency permit and is consistent with an 
 applicable comprehensive plan.  The model ordinance shall 
 provide for adequate consideration of appropriate alternatives, 
 and shall ensure that decisions are made in accordance with the 
 policies and purposes of Laws 1980, chapter 447; 

    (9) procedures to reduce paperwork and delay through 
 intergovernmental cooperation and the elimination of unnecessary 
 duplication of environmental reviews; 

    (10) procedures for expediting the selection of consultants 
 by the governmental unit responsible for the preparation of an 
 environmental impact statement; and 

    (11) any additional rules which are reasonably necessary to 
 carry out the requirements of this section.  

    Subd. 6.  No state action significantly affecting the 
 quality of the environment shall be allowed, nor shall any 
 permit for natural resources management and development be 
 granted, where such action or permit has caused or is likely to 
 cause pollution, impairment, or destruction of the air, water, 
 land or other natural resources located within the state, so 
 long as there is a feasible and prudent alternative consistent 
 with the reasonable requirements of the public health, safety, 
 and welfare and the state's paramount concern for the protection 
 of its air, water, land and other natural resources from 
 pollution, impairment, or destruction.  Economic considerations 
 alone shall not justify such conduct.  

    Subd. 6a.  Prior to the preparation of a final 
 environmental impact statement, the governmental unit 
 responsible for the statement shall consult with and request the 
 comments of every governmental office which has jurisdiction by 
 law or special expertise with respect to any environmental 
 effect involved.  Copies of the drafts of such statements and 
 the comments and views of the appropriate offices shall be made 
 available to the public.  The final detailed environmental 
 impact statement and the comments received thereon shall precede 
 final decisions on the proposed action and shall accompany the 
 proposal through an administrative review process.  

    Subd. 7.  Regardless of whether a detailed written 
 environmental impact statement is required by the board to 
 accompany an application for a permit for natural resources 
 management and development, or a recommendation, project, or 
 program for action, officials responsible for issuance of 
 aforementioned permits or for other activities described herein 
 shall give due consideration to the provisions of Laws 1973, 
 chapter 412, as set forth in section 116D.03, in the execution 
 of their duties.  

    Subd. 8.  In order to facilitate coordination of 
 environmental decision making and the timely review of agency 
 decisions, the board shall establish by rule a procedure for 
 early notice to the board and the public of natural resource 
 management and development permit applications and other 
 impending state actions having significant environmental effects.

    Subd. 9.  Prior to the final decision upon any state 
 project or action significantly affecting the environment or for 
 which an environmental impact statement is required, or within 
 ten days thereafter, the board may delay implementation of the 
 action or project by notice to the agency or department and to 
 interested parties.  Thereafter, within 45 days of such notice, 
 the board may reverse or modify the decisions or proposal where 
 it finds, upon notice and hearing, that the action or project is 
 inconsistent with the policy and standards of sections 116D.01 
 to 116D.06.  Any aggrieved party may seek judicial review 
 pursuant to chapter 14. 

    Subd. 10.  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 a declaratory judgment action in the district 
 court of the county wherein the proposed action, or any part 
 thereof, would be undertaken.  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.  

    Subd. 11.  If the board or governmental unit which is 
 required to act within a time period specified in this section 
 fails to so act, any person may seek an order of the district 
 court requiring the board or governmental unit to immediately 
 take the action mandated by subdivisions 2a and 3a.  

    Subd. 12.  No attempt need be made to tabulate, analyze or 
 otherwise evaluate the potential impact of elections made 
 pursuant to section 116C.63, subdivision 4, in environmental 
 impact statements done for large electric power facilities.  It 
 is sufficient for purposes of this chapter that such statements 
 note the existence of section 116C.63, subdivision 4.  

    Subd. 13.  This section may be enforced by injunction, 
 action to compel performance, or other appropriate action in the 
 district court of the county where the violation takes place.  
 Upon the request of the board or the chair of the board, the 
 attorney general may bring an action under this subdivision. 

    HIST: 1973 c 412 s 4; 1975 c 204 s 74; 1975 c 271 s 6; 1980 c 
 447 s 1-8; 1980 c 614 s 88; 1982 c 424 s 130; 1985 c 248 s 70; 
 1986 c 399 art 2 s 1; 1986 c 400 s 1; 1986 c 444; 1Sp1986 c 3 
 art 2 s 41; 1988 c 501 s 3,4; 1989 c 209 art 2 s 1; 1990 c 391 
 art 8 s 27; 1992 c 464 art 2 s 1; 2003 c 128 art 3 s 40 

     116D.045 Environmental impact statements; costs. 

    Subdivision 1.  The board shall by rule adopt procedures to 
 assess the proposer of a specific action for reasonable costs of 
 preparing and distributing an environmental impact statement on 
 that action required pursuant to section 116D.04.  Such costs 
 shall be determined by the responsible governmental unit 
 pursuant to the rules promulgated by the board. 

    Subd. 2.  In the event of a disagreement between the 
 proposer of the action and the responsible governmental unit 
 over the cost of an environmental impact statement, the 
 responsible governmental unit shall consult with the board, 
 which may modify the cost or determine that the cost assessed by 
 the responsible governmental unit is reasonable. 

    Subd. 3.  The responsible governmental unit shall assess 
 the project proposer for reasonable costs in preparing and 
 distributing the environmental impact statement and the proposer 
 shall pay the assessed cost to the responsible governmental unit.
 Money received under this subdivision by a responsible 
 governmental unit may be retained by the unit for the same 
 purposes.  Money received by a state agency must be credited to 
 a special account and is appropriated to the agency to cover the 
 assessed costs incurred. 

    Subd. 4.  No responsible governmental unit shall commence 
 the preparation of an environmental impact statement until at 
 least one-half of the assessed cost of the environmental impact 
 statement is paid pursuant to subdivision 3.  Other laws 
 notwithstanding, no state agency may issue any permits for the 
 construction or operation of a project for which an 
 environmental impact statement is prepared until the assessed 
 cost for the environmental impact statement has been paid in 
 full. 

    Subd. 5. Repealed, 1988 c 501 s 9 

    HIST: 1976 c 344 s 3; 1988 c 501 s 5-8; 1990 c 594 art 1 s 55 

  116D.05 Repealed, 1984 c 655 art 1 s 20 

     116D.06 Effect of existing obligations. 

    Subdivision 1.  Nothing in sections 116D.03 to 116D.045 
 shall in any way affect the specific statutory obligations of 
 any state agency to (1) comply with criteria or standards of 
 environmental quality, (2) coordinate or consult with any 
 federal or state agency, or (3) act or refrain from acting 
 contingent upon the recommendations or certification of any 
 other state agency or federal agency.  

    Subd. 2.  The policies and goals set forth in sections 
 116D.01 to 116D.06 are supplementary to those set forth in 
 existing authorizations of state agencies.  

    HIST: 1973 c 412 s 6; 1984 c 655 art 1 s 21 

  116D.07 Repealed, 1991 c 303 s 9 

     116D.10 Energy and environmental strategy report. 

    On or before January 1 of each even-numbered year, the 
 governor shall transmit to the energy and environment and 
 natural resources committees of the legislature a concise, 
 comprehensive written report on the energy and environmental 
 strategy of the state. 

    The report must be sufficiently comprehensive to assist the 
 legislature in allocating funds to support all of the policies, 
 plans, and programs of the state related to energy and the 
 environment, and specifically must include: 

    (1) a concise, comprehensive discussion of state, and, as 
 applicable, national and global energy and environmental 
 problems, including but not limited to:  indoor and outdoor air 
 pollution, water pollution, atmospheric changes, stratospheric 
 ozone depletion, damage to terrestrial systems, deforestation, 
 regulation of pesticides and toxic substances, solid and 
 hazardous waste management, ecosystem protection (wetlands, 
 estuaries, groundwater, Lake Superior and the inland lakes and 
 rivers), population growth, preservation of animal and plant 
 species, soil erosion, and matters relating to the availability 
 and conservation of crude oil and of refined petroleum product 
 and other energy sources; 

    (2) a concise, comprehensive description and assessment of 
 the policies and programs of all departments and agencies of the 
 state responsible for issues listed in clause (1), including a 
 concise discussion of the long-term objectives of such policies 
 and programs; existing and proposed funding levels; the impact 
 of each policy and program on pollution prevention, emergency 
 preparedness and response, risk assessment, land management, 
 technology transfer, and matters relating to the availability 
 and conservation of crude oil and of refined petroleum product 
 and other energy sources; and the impact of each on relations 
 with the other states, the federal government, membership in 
 national organizations, and funding of programs for state 
 environmental protection and energy issues; 

    (3) a concise description and assessment of the integration 
 and coordination of policies, plans, environmental programs, and 
 energy programs of the state with the policies and programs of 
 the federal government, the environmental and energy policies 
 and programs of the other states, and the environmental and 
 energy policies and programs of major state and national 
 nonprofit conservation organizations; 

    (4) a concise description and assessment of all efforts by 
 the state to integrate effectively its energy and environmental 
 strategy with: 

    (i) the science and technology strategy of the federal 
 government, including objectives, priorities, timing, funding 
 details, and expected results of all environmental and energy 
 research and development supported by the federal government and 
 of all efforts at regional, national, and international 
 cooperation on environmental and energy research and 
 development; 

    (ii) the national energy policies of the federal 
 government, including objectives, priorities, timing, funding 
 details, and expected results of all efforts supported by the 
 federal government aimed at reducing energy demand, improving 
 energy efficiency and conservation, fuel-switching, using safe 
 nuclear power reactors, employing clean coal technology, 
 promoting renewable energy sources, promoting research and 
 possible use of alternative fuels, promoting biomass research, 
 promoting energy research and development in general, and 
 advancing regional, national, and international energy 
 cooperation; 

    (iii) the national environmental education strategy of the 
 federal government, including objectives, priorities, timing, 
 funding details, and expected results of all domestic and 
 international education efforts supported by the United States 
 to improve both public participation and awareness of the need 
 for environmental protection; 

    (iv) the technology transfer strategy of the federal 
 government, including objectives, priorities, timing, funding 
 details, and expected results of all domestic and international 
 environmental and energy technology transfer efforts to foster 
 collaboration and cooperation between federal agencies and state 
 and local governments, universities, nonprofit conservation 
 organizations, and private industry in order to improve the 
 competitiveness of the state and the nation in the world 
 marketplace and promote environmental and energy technology 
 advancement; and 

    (v) the national security strategy of the federal 
 government, including objectives, priorities, timing, funding, 
 and expected results of the national security programs to be 
 most compatible with requirements for environmental preservation 
 and a national energy policy, while accomplishing missions 
 essential to national security; 

    (5) a concise assessment of the overall effectiveness of 
 the energy and environmental strategy of the state, including a 
 concise description of the organizational processes used to 
 provide a body of energy and environmental information and to 
 evaluate the results of energy and environmental programs; the 
 use of statistical methods; the degree to which the strategy is 
 long term, comprehensive, integrated, flexible, and oriented 
 toward achieving broad consensus in the state, the nation, and 
 abroad; and recommendations on the ways in which the legislature 
 can assist the governor in making the strategy more effective; 

    (6) specific two-year, five-year and, as appropriate, 
 longer-term goals for the implementation of the energy and 
 environmental strategy of the state; and 

    (7) such other pertinent information as may be necessary to 
 provide information to the legislature on matters relating to 
 the overall energy and environmental strategy of the state and 
 to develop state programs coordinated with those formulated on a 
 national and international level. 

    HIST: 1991 c 303 s 6 

     116D.11 Report preparation. 

    Subdivision 1.    Agency responsibility.  Each 
 department or agency of the state, as designated by the 
 governor, shall assist in the preparation of the strategy 
 report.  Each designated department or agency shall prepare a 
 preliminary strategy report relating to those programs or 
 policies over which the department or agency has jurisdiction.  
 Each preliminary strategy report shall: 

    (1) describe concisely the existing policies and programs 
 of the department or agency as they relate to the issues listed 
 in section 116D.10, clause (1); 

    (2) describe concisely and evaluate the long-term 
 objectives of the department or agency as they relate to the 
 issues listed in section 116D.10, clause (1); 

    (3) identify and make proposals about the development of 
 department or agency financial management budgets as they relate 
 to the issues listed in section 116D.10, clause (1); 

    (4) describe concisely the strategy and procedure of the 
 department or agency to recruit, select, and train personnel to 
 carry out department or agency goals and functions as they 
 relate to the issues listed in section 116D.10, clause (1); 

    (5) identify and make proposals to eliminate duplicative 
 and unnecessary programs or systems, including encouraging 
 departments and agencies to share systems or programs that have 
 sufficient capacity to perform the functions needed as they 
 relate to the issues listed in section 116D.10, clause (1); and 

    (6) establish two-year quantitative goals for policy 
 implementation. 

    Subd. 2.    Primary responsibility.  The Environmental 
 Quality Board shall have the primary responsibility for 
 preparing the energy and environmental strategy report of the 
 state, as required by section 116D.10.  The board shall assemble 
 all preliminary reports prepared pursuant to subdivision 1 under 
 a timetable established by the board and shall use the 
 preliminary reports in the preparation of the draft energy and 
 environmental strategy report of the state.  Each department or 
 agency designated by the governor to prepare a preliminary 
 strategy report shall submit a copy of the preliminary strategy 
 report to the governor and to the board at the same time. 

    Subd. 3.    Report to governor.  On or before October 1 
 of each odd-numbered year, the Environmental Quality Board shall 
 transmit to the governor a draft of the written report on the 
 energy and environmental strategy of the state.  The governor 
 may change the report and may request additional information or 
 data from any department or agency of the state responsible for 
 issues listed in section 116D.10, clause (1).  Any such 
 requested additional information or data shall be prepared and 
 submitted promptly to the governor. 

    Subd. 4. Repealed, 1997 c 7 art 2 s 67 

    HIST: 1991 c 303 s 7