Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF2833 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to environment; modifying provisions for permitting efficiency; amending
3	3	1.3 Minnesota Statutes 2024, sections 115.542; 116.03, subdivision 2b; 116.07,
4	4	1.4 subdivision 4a.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 115.542, is amended to read:
7	7	1.7 115.542 NOTICE REQUIREMENTS FOR PUBLICLY OWNED WASTEWATER
8	8	1.8TREATMENT FACILITIES.
9	9	1.9 Subdivision 1.Definitions.For the purpose of this section, the following terms have
10	10	1.10the meanings given:
11	11	1.11 (1) "permit" means a national pollutant discharge elimination system (NPDES) permit
12	12	1.12or state disposal system (SDS) permit; and
13	13	1.13 (2) "permit applicant" means a person or entity submitting an application for a new
14	14	1.14permit or renewal, modification, or revocation of an existing permit for a publicly owned
15	15	1.15wastewater treatment facility.
16	16	1.16 Subd. 2.Applicability.This section applies to all draft permits and permits for publicly
17	17	1.17owned wastewater treatment facilities for which the commissioner of the Pollution Control
18	18	1.18Agency makes a preliminary determination whether to issue or deny.
19	19	1.19 Subd. 3.Prepublic notice review requirements.Unless waived by the permit applicant,
20	20	1.20the commissioner of the Pollution Control Agency must provide a permit applicant with a
21	21	1.21copy of the draft permit and any fact sheets required by agency rules at least 30 days before
22	22	1.22the distribution and public notice of the permit application and preliminary determination.
23	23	1Section 1.
24	24	25-00354 as introduced01/15/25 REVISOR EB/ES
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 2833NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: JOHNSON STEWART and Hauschild)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading03/20/2025
31	31	Referred to Environment, Climate, and Legacy 2.1 Subd. 4.Permitting efficiency Public notice requirements.The commissioner must
32	32	2.2prepare and issue a public notice of a completed application and the commissioner's
33	33	2.3preliminary determination as to whether the permit should be issued or denied. The public
34	34	2.4comment period must be at least 60 days for permit applications under this section but may
35	35	2.5be reduced to 30 days if:
36	36	2.6 (1) a request for the reduction is made by the permit applicant; and
37	37	2.7 (2) the commissioner approves the request based on consideration of public or Tribal
38	38	2.8interest in the permit action.
39	39	2.9 Subd. 5.Permitting efficiency.Notwithstanding section 116.03, it is the goal of the
40	40	2.10state that tier 2 permits for publicly owned wastewater treatment facilities be issued or
41	41	2.11denied within 210 days following submission of a permit application.
42	42	2.12 Sec. 2. Minnesota Statutes 2024, section 116.03, subdivision 2b, is amended to read:
43	43	2.13 Subd. 2b.Permitting efficiency.(a) It is the goal of the state that environmental and
44	44	2.14resource management permits be issued or denied within 90 days for tier 1 permits or 150
45	45	2.15days for tier 2 permits following submission of a permit application. The commissioner of
46	46	2.16the Pollution Control Agency shall establish management systems designed to achieve the
47	47	2.17goal. For the purposes of this section, "tier 1 permits" are permits that do not require
48	48	2.18individualized actions or public comment periods, and "tier 2 permits" are permits that
49	49	2.19require individualized actions or public comment periods.
50	50	2.20 (b) The commissioner shall prepare an annual permitting efficiency report that includes
51	51	2.21statistics on meeting the goal in paragraph (a) and the criteria for tier 2 by permit categories.
52	52	2.22The report is due August 1 each year. For permit applications that have not met the goal,
53	53	2.23the report must state the reasons for not meeting the goal. In stating the reasons for not
54	54	2.24meeting the goal, the commissioner shall separately identify delays caused by the
55	55	2.25responsiveness of the proposer, lack of staff, scientific or technical disagreements, or the
56	56	2.26level of public engagement. The report must specify the number of days from initial
57	57	2.27submission of the application to the day of determination that the application is complete.
58	58	2.28The report must aggregate the data for the year and assess whether program or system
59	59	2.29changes are necessary to achieve the goal. The report must be posted on the agency's website
60	60	2.30and submitted to the governor and the chairs and ranking minority members of the house
61	61	2.31of representatives and senate committees having jurisdiction over environment policy and
62	62	2.32finance.
63	63	2Sec. 2.
64	64	25-00354 as introduced01/15/25 REVISOR EB/ES 3.1 (c) The commissioner shall allow electronic submission of environmental review and
65	65	3.2permit documents to the agency.
66	66	3.3 (d) Within 30 business days of application for a permit subject to paragraph (a), the
67	67	3.4commissioner of the Pollution Control Agency shall notify the permit applicant, in writing,
68	68	3.5whether the application is complete or incomplete. If the commissioner determines that an
69	69	3.6application is incomplete, the notice to the applicant must enumerate all deficiencies, citing
70	70	3.7specific provisions of the applicable rules and statutes, and advise the applicant on how the
71	71	3.8deficiencies can be remedied. If the commissioner determines that the application is complete,
72	72	3.9the notice must confirm the application's tier 1 or tier 2 permit status. If the commissioner
73	73	3.10believes that a complete application for a tier 2 construction permit cannot be issued within
74	74	3.11the 150-day goal, the commissioner must provide notice to the applicant with the
75	75	3.12commissioner's notice that the application is complete and, upon request of the applicant,
76	76	3.13provide the permit applicant with a schedule estimating when the agency will begin drafting
77	77	3.14the permit and issue the public notice of the draft permit. This paragraph does not apply to
78	78	3.15an application for a permit that is subject to a grant or loan agreement under chapter 446A.
79	79	3.16 (e) If, after notifying the permit applicant that the application is complete, the
80	80	3.17commissioner determines that additional information is needed, the commissioner must
81	81	3.18notify the applicant. Upon notice under this paragraph, counting days toward the 90- or
82	82	3.19150-day goal described in paragraph (a) stops until the applicant has responded with the
83	83	3.20additional information. Once the applicant has responded with all the additional information
84	84	3.21required, counting resumes from where it stopped. The applicant has 30 business days to
85	85	3.22provide the additional information to the commissioner, but the commissioner may extend
86	86	3.23the time upon the applicant's request.
87	87	3.24 (e) (f) For purposes of this subdivision, "permit professional" means an individual not
88	88	3.25employed by the Pollution Control Agency who:
89	89	3.26 (1) has a professional license issued by the state of Minnesota in the subject area of the
90	90	3.27permit;
91	91	3.28 (2) has at least ten years of experience in the subject area of the permit; and
92	92	3.29 (3) abides by the duty of candor applicable to employees of the Pollution Control Agency
93	93	3.30under agency rules and complies with all applicable requirements under chapter 326.
94	94	3.31 (f) (g) Upon the agency's request, an applicant relying on a permit professional must
95	95	3.32participate in a meeting with the agency before submitting an application:
96	96	3Sec. 2.
97	97	25-00354 as introduced01/15/25 REVISOR EB/ES 4.1 (1) at least two weeks prior to the preapplication meeting, the applicant must submit at
98	98	4.2least the following:
99	99	4.3 (i) project description, including, but not limited to, scope of work, primary emissions
100	100	4.4points, discharge outfalls, and water intake points;
101	101	4.5 (ii) location of the project, including county, municipality, and location on the site;
102	102	4.6 (iii) business schedule for project completion; and
103	103	4.7 (iv) other information requested by the agency at least four weeks prior to the scheduled
104	104	4.8meeting; and
105	105	4.9 (2) during the preapplication meeting, the agency shall provide for the applicant at least
106	106	4.10the following:
107	107	4.11 (i) an overview of the permit review program;
108	108	4.12 (ii) a determination of which specific application or applications will be necessary to
109	109	4.13complete the project;
110	110	4.14 (iii) a statement notifying the applicant if the specific permit being sought requires a
111	111	4.15mandatory public hearing or comment period;
112	112	4.16 (iv) a review of the timetable established in the permit review program for the specific
113	113	4.17permit being sought; and
114	114	4.18 (v) a determination of what information must be included in the application, including
115	115	4.19a description of any required modeling or testing.
116	116	4.20 (g) (h) The applicant may select a permit professional to undertake the preparation of
117	117	4.21the permit application and draft permit.
118	118	4.22 (h) (i) If a preapplication meeting was held, the agency shall, within seven business days
119	119	4.23of receipt of an application, notify the applicant and submitting permit professional that the
120	120	4.24application is complete or is denied, specifying the deficiencies of the application.
121	121	4.25 (i) (j) Upon receipt of notice that the application is complete, the permit professional
122	122	4.26shall submit to the agency a timetable for submitting a draft permit. The permit professional
123	123	4.27shall submit a draft permit on or before the date provided in the timetable. Within 60 days
124	124	4.28after the close of the public comment period, the commissioner shall notify the applicant
125	125	4.29whether the permit can be issued.
126	126	4.30 (j) (k) Nothing in this section shall be construed to modify:
127	127	4Sec. 2.
128	128	25-00354 as introduced01/15/25 REVISOR EB/ES 5.1 (1) any requirement of law that is necessary to retain federal delegation to or assumption
129	129	5.2by the state; or
130	130	5.3 (2) the authority to implement a federal law or program.
131	131	5.4 (k) (l) The permit application and draft permit shall identify or include as an appendix
132	132	5.5all studies and other sources of information used to substantiate the analysis contained in
133	133	5.6the permit application and draft permit. The commissioner shall request additional studies,
134	134	5.7if needed, and the permit applicant shall submit all additional studies and information
135	135	5.8necessary for the commissioner to perform the commissioner's responsibility to review,
136	136	5.9modify, and determine the completeness of the application and approve the draft permit.
137	137	5.10 Sec. 3. Minnesota Statutes 2024, section 116.07, subdivision 4a, is amended to read:
138	138	5.11 Subd. 4a.Permits.(a) The Pollution Control Agency may issue, continue in effect or
139	139	5.12deny permits, under such conditions as it may prescribe for the prevention of pollution, for
140	140	5.13the emission of air contaminants, or for the installation or operation of any emission facility,
141	141	5.14air contaminant treatment facility, treatment facility, potential air contaminant storage
142	142	5.15facility, or storage facility, or any part thereof, or for the sources or emissions of noise
143	143	5.16pollution.
144	144	5.17 (b) The Pollution Control Agency may also issue, continue in effect or deny permits,
145	145	5.18under such conditions as it may prescribe for the prevention of pollution, for the storage,
146	146	5.19collection, transportation, processing, or disposal of waste, or for the installation or operation
147	147	5.20of any system or facility, or any part thereof, related to the storage, collection, transportation,
148	148	5.21processing, or disposal of waste.
149	149	5.22 (c) The agency may not issue a permit to a facility without analyzing and considering
150	150	5.23the cumulative levels and effects of past and current environmental pollution from all sources
151	151	5.24on the environment and residents of the geographic area within which the facility's emissions
152	152	5.25are likely to be deposited, provided that the facility is located in a community in a city of
153	153	5.26the first class in Hennepin County that meets all of the following conditions:
154	154	5.27 (1) is within a half mile of a site designated by the federal government as an EPA
155	155	5.28superfund site due to residential arsenic contamination;
156	156	5.29 (2) a majority of the population are low-income persons of color and American Indians;
157	157	5.30 (3) a disproportionate percent of the children have childhood lead poisoning, asthma,
158	158	5.31or other environmentally related health problems;
159	159	5Sec. 3.
160	160	25-00354 as introduced01/15/25 REVISOR EB/ES 6.1 (4) is located in a city that has experienced numerous air quality alert days of dangerous
161	161	6.2air quality for sensitive populations between February 2007 and February 2008; and
162	162	6.3 (5) is located near the junctions of several heavily trafficked state and county highways
163	163	6.4and two one-way streets which carry both truck and auto traffic.
164	164	6.5 (d) The Pollution Control Agency may revoke or modify any permit issued under this
165	165	6.6subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to
166	166	6.7prevent or abate pollution.
167	167	6.8 (e) The Pollution Control Agency has the authority for approval over the siting, expansion,
168	168	6.9or operation of a solid waste facility with regard to environmental issues. However, the
169	169	6.10agency's issuance of a permit does not release the permittee from any liability, penalty, or
170	170	6.11duty imposed by any applicable county ordinances. Nothing in this chapter precludes, or
171	171	6.12shall be construed to preclude, a county from enforcing land use controls, regulations, and
172	172	6.13ordinances existing at the time of the permit application and adopted pursuant to Minnesota
173	173	6.14Statutes 2020, sections 366.10 to 366.181, or sections 394.21 to 394.37, or 462.351 to
174	174	6.15462.365, with regard to the siting, expansion, or operation of a solid waste facility.
175	175	6.16 (f) Except as prohibited by federal law, a person may commence construction,
176	176	6.17reconstruction, replacement, or modification of any facility prior to the issuance of a
177	177	6.18construction permit by the agency.
178	178	6.19 (g) For the purposes of this subdivision, the Pollution Control Agency may require the
179	179	6.20owners and operators of any emission facility, air containment treatment facility, treatment
180	180	6.21facility, potential air containment storage facility, or storage facility, or any part thereof, to
181	181	6.22conduct air dispersion modeling of air contaminants.
182	182	6Sec. 3.
183	183	25-00354 as introduced01/15/25 REVISOR EB/ES