| 2 | | - | 1.2 relating to environment; modifying permitting efficiency reporting requirements; |
|---|
| 3 | | - | 1.3 improving the efficiency of the environmental and resource management permit |
|---|
| 4 | | - | 1.4 application process; requiring the Pollution Control Agency to issue separate |
|---|
| 5 | | - | 1.5 permits for the construction and operation of certain facilities; modifying the |
|---|
| 6 | | - | 1.6 expedited permitting process of the Pollution Control Agency; requiring petitioners |
|---|
| 7 | | - | 1.7 for environmental assessment worksheets to reside in the affected or adjoining |
|---|
| 8 | | - | 1.8 counties; authorizing local governments to begin reviewing feedlot permit |
|---|
| 9 | | - | 1.9 applications before environmental review is complete; eliminating scoping |
|---|
| 10 | | - | 1.10 environmental assessment worksheet requirements for projects requiring an |
|---|
| 11 | | - | 1.11 environmental impact statement; requiring modification of the state implementation |
|---|
| 12 | | - | 1.12 plan; requiring reports; appropriating money; amending Minnesota Statutes 2024, |
|---|
| 13 | | - | 1.13 sections 116.03, subdivision 2b; 116.07, subdivisions 4a, 4d; 116D.04, subdivisions |
|---|
| 14 | | - | 1.14 2a, 2b. |
|---|
| 15 | | - | 1.15BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
|---|
| 16 | | - | 1.16 Section 1. Minnesota Statutes 2024, section 116.03, subdivision 2b, is amended to read: |
|---|
| 17 | | - | 1.17 Subd. 2b.Permitting efficiency.(a) It is the goal of the state that environmental and |
|---|
| 18 | | - | 1.18resource management permits be issued or denied within 90 days for tier 1 permits or 150 |
|---|
| 19 | | - | 1.19days for tier 2 permits following submission of a permit application. The commissioner of |
|---|
| 20 | | - | 1.20the Pollution Control Agency shall must establish management systems designed to achieve |
|---|
| 21 | | - | 1.21the goal. For the purposes of this section, "tier 1 permits" are permits that do not require |
|---|
| 22 | | - | 1.22individualized actions or public comment periods, and "tier 2 permits" are permits that |
|---|
| 23 | | - | 1.23require individualized actions or public comment periods. Goals established in this paragraph |
|---|
| 24 | | - | 1.24do not apply to permit applications required due to agency enforcement actions. |
|---|
| 25 | | - | 1.25 (b) The commissioner shall must prepare an annual permitting efficiency report that |
|---|
| 26 | | - | 1.26includes statistics on meeting the tier 2 goal in paragraph (a) and the criteria for tier 2 by |
|---|
| 27 | | - | 1.27permit categories. The report is due must be submitted to the governor and to the chairs and |
|---|
| 2 | + | 1.2 relating to environment; improving efficiency of Wetland Conservation Act |
|---|
| 3 | + | 1.3 determinations; modifying permitting efficiency reporting requirements; improving |
|---|
| 4 | + | 1.4 the efficiency of the environmental and resource management permit application |
|---|
| 5 | + | 1.5 process; requiring the Pollution Control Agency to issue separate permits for the |
|---|
| 6 | + | 1.6 construction and operation of certain facilities; modifying the expedited permitting |
|---|
| 7 | + | 1.7 process of the Pollution Control Agency; requiring petitioners for environmental |
|---|
| 8 | + | 1.8 assessment worksheets to reside in the affected or adjoining counties; eliminating |
|---|
| 9 | + | 1.9 scoping environmental assessment worksheet requirements for projects requiring |
|---|
| 10 | + | 1.10 an environmental impact statement; requiring modification of the state |
|---|
| 11 | + | 1.11 implementation plan; requiring reports; appropriating money; amending Minnesota |
|---|
| 12 | + | 1.12 Statutes 2024, sections 15.99, subdivision 3; 116.03, subdivision 2b; 116.07, |
|---|
| 13 | + | 1.13 subdivisions 4a, 4d; 116D.04, subdivision 2a; 116J.035, by adding a subdivision. |
|---|
| 14 | + | 1.14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
|---|
| 15 | + | 1.15 Section 1. Minnesota Statutes 2024, section 15.99, subdivision 3, is amended to read: |
|---|
| 16 | + | 1.16 Subd. 3.Application; extensions.(a) The time limit in subdivision 2 begins upon the |
|---|
| 17 | + | 1.17agency's receipt of a written request containing all information required by law or by a |
|---|
| 18 | + | 1.18previously adopted rule, ordinance, or policy of the agency, including the applicable |
|---|
| 19 | + | 1.19application fee. If an agency receives a written request that does not contain all required |
|---|
| 20 | + | 1.20information, the 60-day limit starts over only if the agency sends written notice within 15 |
|---|
| 21 | + | 1.21business days of receipt of the request telling the requester what information is missing. |
|---|
| 22 | + | 1.22 (b) If a request relating to zoning, septic systems, watershed district review, soil and |
|---|
| 23 | + | 1.23water conservation district review, or expansion of the metropolitan urban service area |
|---|
| 24 | + | 1.24requires the approval of more than one state agency in the executive branch, the 60-day |
|---|
| 25 | + | 1.25period in subdivision 2 begins to run for all executive branch agencies on the day a request |
|---|
| 26 | + | 1.26containing all required information is received by one state agency. The agency receiving |
|---|
| 27 | + | 1.27the request must forward copies to other state agencies whose approval is required. |
|---|
| 35 | | - | Introduction and first reading16201/23/2025 |
|---|
| 36 | | - | Referred to Environment, Climate, and Legacy |
|---|
| 37 | | - | Author stricken Eichorn102303/24/2025 |
|---|
| 38 | | - | Comm report: To pass as amended and re-refer to State and Local Government04/07/2025 |
|---|
| 39 | | - | Author added Hoffman 2.1ranking minority members of the house of representatives and senate committees having |
|---|
| 40 | | - | 2.2jurisdiction over environment policy and finance by October 1 August 1 each year and must |
|---|
| 41 | | - | 2.3be posted on the agency's website. The report must include: |
|---|
| 42 | | - | 2.4 (1) for each permit applications application that have has not met the goal, the report |
|---|
| 43 | | - | 2.5must state the reasons for not meeting the goal. In stating the reasons for not meeting the |
|---|
| 44 | | - | 2.6goal, the commissioner shall separately identify delays an explanation of whether the delay |
|---|
| 45 | | - | 2.7was caused by the responsiveness of the proposer, lack of staff, scientific or technical |
|---|
| 46 | | - | 2.8disagreements, or the level of public engagement. The report must specify; |
|---|
| 47 | | - | 2.9 (2) for each permit that has not met the goal, the number of days from initial submission |
|---|
| 48 | | - | 2.10of the application to the day of determination that the application is complete. The report |
|---|
| 49 | | - | 2.11must aggregate; |
|---|
| 50 | | - | 2.12 (3) a summary of the data for the year reporting period and assess an assessment of |
|---|
| 51 | | - | 2.13whether program or system changes are necessary to achieve the tier 2 goal. The report |
|---|
| 52 | | - | 2.14must be posted on the agency's website and submitted to the governor and the chairs and |
|---|
| 53 | | - | 2.15ranking minority members of the house of representatives and senate committees having |
|---|
| 54 | | - | 2.16jurisdiction over environment policy and finance. in paragraph (a); |
|---|
| 55 | | - | 2.17 (4) a statement of the number of tier 2 permits completed within the reporting period |
|---|
| 56 | | - | 2.18and, immediately following in parentheses, a statement of the percentage of total applications |
|---|
| 57 | | - | 2.19received for that tier 2 permit category that the number represents, stated separately for |
|---|
| 58 | | - | 2.20industrial and municipal permits; and |
|---|
| 59 | | - | 2.21 (5) for permits that did not meet the goal due to lack of staff, a combined estimate of |
|---|
| 60 | | - | 2.22the aggregate staff resources that would have been necessary for all affected permits to meet |
|---|
| 61 | | - | 2.23the goal. |
|---|
| 62 | | - | 2.24 (c) The commissioner shall must allow electronic submission of environmental review |
|---|
| 63 | | - | 2.25and permit documents to the agency. |
|---|
| 64 | | - | 2.26 (d) Within 30 business days of application for a permit subject to paragraph (a), the |
|---|
| 65 | | - | 2.27commissioner of the Pollution Control Agency shall must notify the permit applicant, in |
|---|
| 66 | | - | 2.28writing, whether the application is complete or incomplete. If the commissioner determines |
|---|
| 67 | | - | 2.29that an application is incomplete, the notice to the applicant must enumerate of all |
|---|
| 68 | | - | 2.30deficiencies, while citing specific provisions of the applicable rules and statutes, and must |
|---|
| 69 | | - | 2.31advise the applicant on how the deficiencies can be remedied. The applicant shall have five |
|---|
| 70 | | - | 2.32business days to remedy all identified deficiencies before the commissioner determines that |
|---|
| 71 | | - | 2.33the application is complete or incomplete. If the commissioner determines that the application |
|---|
| 72 | | - | 2.34is complete, the notice commissioner must confirm the application's tier 1 or tier 2 permit |
|---|
| 73 | | - | 2Section 1. |
|---|
| 74 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM 3.1status. If the commissioner believes that a complete application for a tier 2 construction |
|---|
| 75 | | - | 3.2permit cannot be issued within the 150-day goal, the commissioner must provide notice to |
|---|
| 76 | | - | 3.3the applicant with the commissioner's notice that the application is complete and, upon |
|---|
| 77 | | - | 3.4request of the applicant, provide the permit applicant with a schedule estimating when the |
|---|
| 78 | | - | 3.5agency will begin drafting the permit and issue the public notice of the draft permit. This |
|---|
| 79 | | - | 3.6paragraph does not apply to an application for a permit that is subject to a grant or loan |
|---|
| 80 | | - | 3.7agreement under chapter 446A. |
|---|
| 81 | | - | 3.8 (e) For purposes of this subdivision, "permit professional" means an individual not |
|---|
| 82 | | - | 3.9employed by the Pollution Control Agency who: |
|---|
| 83 | | - | 3.10 (1) has a professional license issued by the state of Minnesota in the subject area of the |
|---|
| 84 | | - | 3.11permit; |
|---|
| 85 | | - | 3.12 (2) has at least ten years of experience in the subject area of the permit; and |
|---|
| 86 | | - | 3.13 (3) abides by the duty of candor applicable to employees of the Pollution Control Agency |
|---|
| 87 | | - | 3.14under agency rules and complies with all applicable requirements under chapter 326. |
|---|
| 88 | | - | 3.15 (f) Upon the agency's request, an applicant relying on a permit professional must |
|---|
| 89 | | - | 3.16participate in a meeting with the agency before submitting an application: |
|---|
| 90 | | - | 3.17 (1) at least two weeks prior to the preapplication meeting, the applicant must submit at |
|---|
| 91 | | - | 3.18least the following: |
|---|
| 92 | | - | 3.19 (i) project description, including, but not limited to, scope of work, primary emissions |
|---|
| 93 | | - | 3.20points, discharge outfalls, and water intake points; |
|---|
| 94 | | - | 3.21 (ii) location of the project, including county, municipality, and location on the site; |
|---|
| 95 | | - | 3.22 (iii) business schedule for project completion; and |
|---|
| 96 | | - | 3.23 (iv) other information requested by the agency at least four weeks prior to the scheduled |
|---|
| 97 | | - | 3.24meeting; and |
|---|
| 98 | | - | 3.25 (2) during the preapplication meeting, the agency shall must provide for the applicant |
|---|
| 99 | | - | 3.26at least the following: |
|---|
| 100 | | - | 3.27 (i) an overview of the permit review program; |
|---|
| 101 | | - | 3.28 (ii) a determination of which specific application or applications will be necessary to |
|---|
| 102 | | - | 3.29complete the project; |
|---|
| 103 | | - | 3.30 (iii) a statement notifying the applicant if the specific permit being sought requires a |
|---|
| 104 | | - | 3.31mandatory public hearing or comment period; |
|---|
| 105 | | - | 3Section 1. |
|---|
| 106 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM 4.1 (iv) a review of the timetable established in the permit review program for the specific |
|---|
| 107 | | - | 4.2permit being sought; and |
|---|
| 108 | | - | 4.3 (v) a determination of what information must be included in the application, including |
|---|
| 109 | | - | 4.4a description of any required modeling or testing. |
|---|
| 110 | | - | 4.5 (g) The applicant may select a permit professional to undertake the preparation of the |
|---|
| 111 | | - | 4.6permit application and draft permit. |
|---|
| 112 | | - | 4.7 (h) If a preapplication meeting was held, the agency shall must, within seven business |
|---|
| 113 | | - | 4.8days of receipt of an application, notify the applicant and submitting permit professional |
|---|
| 114 | | - | 4.9that the application is complete or is denied, specifying the deficiencies of the application. |
|---|
| 115 | | - | 4.10 (i) Upon receipt of notice that the application is complete, the permit professional shall |
|---|
| 116 | | - | 4.11must submit to the agency a timetable for submitting a draft permit. The permit professional |
|---|
| 117 | | - | 4.12shall must submit a draft permit on or before the date provided in the timetable. Within 60 |
|---|
| 118 | | - | 4.13days after the close of the public comment period, the commissioner shall must notify the |
|---|
| 119 | | - | 4.14applicant whether the permit can be issued. |
|---|
| 120 | | - | 4.15 (j) Nothing in this section shall be construed to modify: |
|---|
| 121 | | - | 4.16 (1) any requirement of law that is necessary to retain federal delegation to or assumption |
|---|
| 122 | | - | 4.17by the state; or |
|---|
| 123 | | - | 4.18 (2) the authority to implement a federal law or program. |
|---|
| 124 | | - | 4.19 (k) The permit application and draft permit shall must identify or include as an appendix |
|---|
| 125 | | - | 4.20all studies and other sources of information used to substantiate the analysis contained in |
|---|
| 126 | | - | 4.21the permit application and draft permit. The commissioner shall must request additional |
|---|
| 127 | | - | 4.22studies, if needed, and the permit applicant shall must submit all additional studies and |
|---|
| 128 | | - | 4.23information necessary for the commissioner to perform the commissioner's responsibility |
|---|
| 129 | | - | 4.24to review, modify, and determine the completeness of the application and approve the draft |
|---|
| 130 | | - | 4.25permit. |
|---|
| 131 | | - | 4.26 Sec. 2. Minnesota Statutes 2024, section 116.07, subdivision 4a, is amended to read: |
|---|
| 132 | | - | 4.27 Subd. 4a.Permits.(a) The Pollution Control Agency may issue, continue in effect or |
|---|
| 133 | | - | 4.28deny permits, under such conditions as it may prescribe for the prevention of pollution, for |
|---|
| 134 | | - | 4.29the emission of air contaminants, or for the installation or operation of any emission facility, |
|---|
| 135 | | - | 4.30air contaminant treatment facility, treatment facility, potential air contaminant storage |
|---|
| 136 | | - | 4.31facility, or storage facility, or any part thereof, or for the sources or emissions of noise |
|---|
| 137 | | - | 4.32pollution. The Pollution Control Agency may issue separate permits for constructing a |
|---|
| 35 | + | Introduction and first reading01/23/2025 |
|---|
| 36 | + | Referred to Environment, Climate, and Legacy 2.1 (c) An agency response, including an approval with conditions, meets the 60-day time |
|---|
| 37 | + | 2.2limit if the agency can document that the response was sent within 60 days of receipt of the |
|---|
| 38 | + | 2.3written request. Failure to satisfy the conditions, if any, may be a basis to revoke or rescind |
|---|
| 39 | + | 2.4the approval by the agency and will not give rise to a claim that the 60-day limit was not |
|---|
| 40 | + | 2.5met. |
|---|
| 41 | + | 2.6 (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court |
|---|
| 42 | + | 2.7order requires a process to occur before the agency acts on the request, and the time periods |
|---|
| 43 | + | 2.8prescribed in the state statute, federal law, or court order make it impossible to act on the |
|---|
| 44 | + | 2.9request within 60 days. In cases described in this paragraph, the deadline is extended to 60 |
|---|
| 45 | + | 2.10days after completion of the last process required in the applicable statute, law, or order. |
|---|
| 46 | + | 2.11Final approval of an agency receiving a request is not considered a process for purposes of |
|---|
| 47 | + | 2.12this paragraph. |
|---|
| 48 | + | 2.13 (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state agency |
|---|
| 49 | + | 2.14requires prior approval of a federal agency; or (2) an application submitted to a city, county, |
|---|
| 50 | + | 2.15town, school district, metropolitan or regional entity, or other political subdivision requires |
|---|
| 51 | + | 2.16prior approval of a state or federal agency. In cases described in this paragraph, the deadline |
|---|
| 52 | + | 2.17for agency action is extended to 60 days after the required prior approval is granted. |
|---|
| 53 | + | 2.18 (f) An agency may extend the time limit in subdivision 2 before the end of the initial |
|---|
| 54 | + | 2.1960-day period by providing written notice of the extension to the applicant. The notification |
|---|
| 55 | + | 2.20must state the reasons for the extension and its anticipated length, which may not exceed |
|---|
| 56 | + | 2.2160 days unless approved by the applicant. There may be no more than one extension under |
|---|
| 57 | + | 2.22this paragraph of any determination under sections 103G.221 to 103G.2375. |
|---|
| 58 | + | 2.23 (g) An applicant may by written notice to the agency request an extension of the time |
|---|
| 59 | + | 2.24limit under this section. |
|---|
| 60 | + | 2.25 Sec. 2. Minnesota Statutes 2024, section 116.03, subdivision 2b, is amended to read: |
|---|
| 61 | + | 2.26 Subd. 2b.Permitting efficiency.(a) It is the goal of the state that environmental and |
|---|
| 62 | + | 2.27resource management permits be issued or denied within 90 days for tier 1 permits or 150 |
|---|
| 63 | + | 2.28days for tier 2 permits following submission of a permit application. The commissioner of |
|---|
| 64 | + | 2.29the Pollution Control Agency shall must establish management systems designed to achieve |
|---|
| 65 | + | 2.30the goal. For the purposes of this section, "tier 1 permits" are permits that do not require |
|---|
| 66 | + | 2.31individualized actions or public comment periods, and "tier 2 permits" are permits that |
|---|
| 67 | + | 2.32require individualized actions or public comment periods. |
|---|
| 68 | + | 2Sec. 2. |
|---|
| 69 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 3.1 (b) The commissioner shall must prepare an annual semiannual permitting efficiency |
|---|
| 70 | + | 3.2report reports that includes include statistics on meeting the tier 2 goal in paragraph (a) and |
|---|
| 71 | + | 3.3the criteria for tier 2 by permit categories. The report is due reports must be submitted to |
|---|
| 72 | + | 3.4the governor and to the chairs and ranking minority members of the house of representatives |
|---|
| 73 | + | 3.5and senate committees having jurisdiction over environment policy and finance by February |
|---|
| 74 | + | 3.61 and August 1 each year and must be posted on the agency's website. If a report indicates |
|---|
| 75 | + | 3.7that 50 percent or more of the permit applications received during the period covered by |
|---|
| 76 | + | 3.8the report were deemed incomplete, the commissioner must also submit the report to the |
|---|
| 77 | + | 3.9ombudsman established under section 116J.035, subdivision 9. Each report must include: |
|---|
| 78 | + | 3.10 (1) for each permit applications application that have has not met the goal, the report |
|---|
| 79 | + | 3.11must state the reasons for not meeting the goal. In stating the reasons for not meeting the |
|---|
| 80 | + | 3.12goal, the commissioner shall separately identify delays an explanation of whether the delay |
|---|
| 81 | + | 3.13was caused by the responsiveness of the proposer, lack of staff, scientific or technical |
|---|
| 82 | + | 3.14disagreements, or the level of public engagement. The report must specify; |
|---|
| 83 | + | 3.15 (2) for each permit that has not met the goal, the number of days from initial submission |
|---|
| 84 | + | 3.16of the application to the day of determination that the application is complete. The report |
|---|
| 85 | + | 3.17must aggregate; |
|---|
| 86 | + | 3.18 (3) a summary of the data for the year reporting period and assess an assessment of |
|---|
| 87 | + | 3.19whether program or system changes are necessary to achieve the tier 2 goal. The report |
|---|
| 88 | + | 3.20must be posted on the agency's website and submitted to the governor and the chairs and |
|---|
| 89 | + | 3.21ranking minority members of the house of representatives and senate committees having |
|---|
| 90 | + | 3.22jurisdiction over environment policy and finance. in paragraph (a); |
|---|
| 91 | + | 3.23 (4) a statement of the number of tier 2 permits completed within the reporting period |
|---|
| 92 | + | 3.24and, immediately following in parentheses, a statement of the percentage of total applications |
|---|
| 93 | + | 3.25received for that tier 2 permit category that the number represents, stated separately for |
|---|
| 94 | + | 3.26industrial and municipal permits; and |
|---|
| 95 | + | 3.27 (5) for permits that did not meet the goal due to lack of staff, a combined estimate of |
|---|
| 96 | + | 3.28the aggregate staff resources that would have been necessary for all affected permits to meet |
|---|
| 97 | + | 3.29the goal. |
|---|
| 98 | + | 3.30 (c) The commissioner shall must allow electronic submission of environmental review |
|---|
| 99 | + | 3.31and permit documents to the agency. |
|---|
| 100 | + | 3.32 (d) Within 30 business days of application for a permit subject to paragraph (a), the |
|---|
| 101 | + | 3.33commissioner of the Pollution Control Agency shall must notify the permit applicant, in |
|---|
| 102 | + | 3.34writing, whether the application is complete or incomplete. If the commissioner determines |
|---|
| 103 | + | 3Sec. 2. |
|---|
| 104 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 4.1that an application is incomplete, the notice to the applicant must If an application is missing |
|---|
| 105 | + | 4.2information, the commissioner must immediately contact the applicant, enumerate all |
|---|
| 106 | + | 4.3deficiencies, while citing specific provisions of the applicable rules and statutes, and advise |
|---|
| 107 | + | 4.4the applicant on how the deficiencies can be remedied., and request that the deficiencies be |
|---|
| 108 | + | 4.5remedied as soon as possible. Submission by the applicant of additional information to |
|---|
| 109 | + | 4.6correct deficiencies does not restart the 30 business days allowed under this paragraph for |
|---|
| 110 | + | 4.7the agency to determine whether the application is complete or incomplete unless the |
|---|
| 111 | + | 4.8corrected application is more than 30 percent larger than the deficient application. If the |
|---|
| 112 | + | 4.9commissioner determines that the application is complete, the notice must confirm the |
|---|
| 113 | + | 4.10application's tier 1 or tier 2 permit status and must inform the applicant of any missing |
|---|
| 114 | + | 4.11information that was supplied by the commissioner under this paragraph. If the commissioner |
|---|
| 115 | + | 4.12believes that a complete application for a tier 2 construction permit cannot be issued within |
|---|
| 116 | + | 4.13the 150-day goal, the commissioner must provide notice to the applicant with the |
|---|
| 117 | + | 4.14commissioner's notice that the application is complete and, upon request of the applicant, |
|---|
| 118 | + | 4.15provide the permit applicant with a schedule estimating when the agency will begin drafting |
|---|
| 119 | + | 4.16the permit and issue the public notice of the draft permit. Failure to meet the goal in paragraph |
|---|
| 120 | + | 4.17(a) for issuing a type 2 permit constitutes a final decision of the agency for purposes of |
|---|
| 121 | + | 4.18section 115.05, subdivision 11. This paragraph does not apply to an application for a permit |
|---|
| 122 | + | 4.19that is subject to a grant or loan agreement under chapter 446A. |
|---|
| 123 | + | 4.20 (e) For purposes of this subdivision, "permit professional" means an individual not |
|---|
| 124 | + | 4.21employed by the Pollution Control Agency who: |
|---|
| 125 | + | 4.22 (1) has a professional license issued by the state of Minnesota in the subject area of the |
|---|
| 126 | + | 4.23permit; |
|---|
| 127 | + | 4.24 (2) has at least ten years of experience in the subject area of the permit; and |
|---|
| 128 | + | 4.25 (3) abides by the duty of candor applicable to employees of the Pollution Control Agency |
|---|
| 129 | + | 4.26under agency rules and complies with all applicable requirements under chapter 326. |
|---|
| 130 | + | 4.27 (f) Upon the agency's request, an applicant relying on a permit professional must |
|---|
| 131 | + | 4.28participate in a meeting with the agency before submitting an application: |
|---|
| 132 | + | 4.29 (1) at least two weeks prior to the preapplication meeting, the applicant must submit at |
|---|
| 133 | + | 4.30least the following: |
|---|
| 134 | + | 4.31 (i) project description, including, but not limited to, scope of work, primary emissions |
|---|
| 135 | + | 4.32points, discharge outfalls, and water intake points; |
|---|
| 136 | + | 4.33 (ii) location of the project, including county, municipality, and location on the site; |
|---|
| 139 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM 5.1facility described in this paragraph and for its operation, except for a facility required to |
|---|
| 140 | | - | 5.2complete a mandatory environmental impact statement under Minnesota Rules, part |
|---|
| 141 | | - | 5.34410.4400. The Pollution Control Agency must prioritize these permits in a manner that |
|---|
| 142 | | - | 5.4minimizes the time required to construct and begin operation of the permitted facility while |
|---|
| 143 | | - | 5.5complying with state and federal requirements. |
|---|
| 144 | | - | 5.6 (b) The Pollution Control Agency may also issue, continue in effect or deny permits, |
|---|
| 145 | | - | 5.7under such conditions as it may prescribe for the prevention of pollution, for the storage, |
|---|
| 146 | | - | 5.8collection, transportation, processing, or disposal of waste, or for the installation or operation |
|---|
| 147 | | - | 5.9of any system or facility, or any part thereof, related to the storage, collection, transportation, |
|---|
| 148 | | - | 5.10processing, or disposal of waste. |
|---|
| 149 | | - | 5.11 (c) The agency may not issue a permit to a facility without analyzing and considering |
|---|
| 150 | | - | 5.12the cumulative levels and effects of past and current environmental pollution from all sources |
|---|
| 151 | | - | 5.13on the environment and residents of the geographic area within which the facility's emissions |
|---|
| 152 | | - | 5.14are likely to be deposited, provided that the facility is located in a community in a city of |
|---|
| 153 | | - | 5.15the first class in Hennepin County that meets all of the following conditions: |
|---|
| 154 | | - | 5.16 (1) is within a half mile of a site designated by the federal government as an EPA |
|---|
| 155 | | - | 5.17superfund site due to residential arsenic contamination; |
|---|
| 156 | | - | 5.18 (2) a majority of the population are low-income persons of color and American Indians; |
|---|
| 157 | | - | 5.19 (3) a disproportionate percent of the children have childhood lead poisoning, asthma, |
|---|
| 158 | | - | 5.20or other environmentally related health problems; |
|---|
| 159 | | - | 5.21 (4) is located in a city that has experienced numerous air quality alert days of dangerous |
|---|
| 160 | | - | 5.22air quality for sensitive populations between February 2007 and February 2008; and |
|---|
| 161 | | - | 5.23 (5) is located near the junctions of several heavily trafficked state and county highways |
|---|
| 162 | | - | 5.24and two one-way streets which carry both truck and auto traffic. |
|---|
| 163 | | - | 5.25 (d) The Pollution Control Agency may revoke or modify any permit issued under this |
|---|
| 164 | | - | 5.26subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to |
|---|
| 165 | | - | 5.27prevent or abate pollution. |
|---|
| 166 | | - | 5.28 (e) The Pollution Control Agency has the authority for approval over the siting, expansion, |
|---|
| 167 | | - | 5.29or operation of a solid waste facility with regard to environmental issues. However, the |
|---|
| 168 | | - | 5.30agency's issuance of a permit does not release the permittee from any liability, penalty, or |
|---|
| 169 | | - | 5.31duty imposed by any applicable county ordinances. Nothing in this chapter precludes, or |
|---|
| 170 | | - | 5.32shall be construed to preclude, a county from enforcing land use controls, regulations, and |
|---|
| 171 | | - | 5.33ordinances existing at the time of the permit application and adopted pursuant to Minnesota |
|---|
| 138 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 5.1 (iii) business schedule for project completion; and |
|---|
| 139 | + | 5.2 (iv) other information requested by the agency at least four weeks prior to the scheduled |
|---|
| 140 | + | 5.3meeting; and |
|---|
| 141 | + | 5.4 (2) during the preapplication meeting, the agency shall must provide for the applicant |
|---|
| 142 | + | 5.5at least the following: |
|---|
| 143 | + | 5.6 (i) an overview of the permit review program; |
|---|
| 144 | + | 5.7 (ii) a determination of which specific application or applications will be necessary to |
|---|
| 145 | + | 5.8complete the project; |
|---|
| 146 | + | 5.9 (iii) a statement notifying the applicant if the specific permit being sought requires a |
|---|
| 147 | + | 5.10mandatory public hearing or comment period; |
|---|
| 148 | + | 5.11 (iv) a review of the timetable established in the permit review program for the specific |
|---|
| 149 | + | 5.12permit being sought; and |
|---|
| 150 | + | 5.13 (v) a determination of what information must be included in the application, including |
|---|
| 151 | + | 5.14a description of any required modeling or testing. |
|---|
| 152 | + | 5.15 (g) The applicant may select a permit professional to undertake the preparation of the |
|---|
| 153 | + | 5.16permit application and draft permit. |
|---|
| 154 | + | 5.17 (h) If a preapplication meeting was held, the agency shall must, within seven business |
|---|
| 155 | + | 5.18days of receipt of an application, notify the applicant and submitting permit professional |
|---|
| 156 | + | 5.19that the application is complete or is denied, specifying the deficiencies of the application. |
|---|
| 157 | + | 5.20 (i) Upon receipt of notice that the application is complete, the permit professional shall |
|---|
| 158 | + | 5.21must submit to the agency a timetable for submitting a draft permit. The permit professional |
|---|
| 159 | + | 5.22shall must submit a draft permit on or before the date provided in the timetable. Within 60 |
|---|
| 160 | + | 5.23days after the close of the public comment period, the commissioner shall must notify the |
|---|
| 161 | + | 5.24applicant whether the permit can be issued. |
|---|
| 162 | + | 5.25 (j) Nothing in this section shall be construed to modify: |
|---|
| 163 | + | 5.26 (1) any requirement of law that is necessary to retain federal delegation to or assumption |
|---|
| 164 | + | 5.27by the state; or |
|---|
| 165 | + | 5.28 (2) the authority to implement a federal law or program. |
|---|
| 166 | + | 5.29 (k) The permit application and draft permit shall must identify or include as an appendix |
|---|
| 167 | + | 5.30all studies and other sources of information used to substantiate the analysis contained in |
|---|
| 168 | + | 5.31the permit application and draft permit. The commissioner shall must request additional |
|---|
| 173 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM 6.1Statutes 2020, sections 366.10 to 366.181, or sections 394.21 to 394.37, or 462.351 to |
|---|
| 174 | | - | 6.2462.365, with regard to the siting, expansion, or operation of a solid waste facility. |
|---|
| 175 | | - | 6.3 (f) Except as prohibited by federal law, a person may commence construction, |
|---|
| 176 | | - | 6.4reconstruction, replacement, or modification of any facility prior to the issuance of a |
|---|
| 177 | | - | 6.5construction permit by the agency. |
|---|
| 178 | | - | 6.6 Sec. 3. Minnesota Statutes 2024, section 116.07, subdivision 4d, is amended to read: |
|---|
| 179 | | - | 6.7 Subd. 4d.Permit fees.(a) The agency may collect permit fees in amounts not greater |
|---|
| 180 | | - | 6.8than those necessary to cover the reasonable costs of developing, reviewing, and acting |
|---|
| 181 | | - | 6.9upon applications for agency permits and implementing and enforcing the conditions of the |
|---|
| 182 | | - | 6.10permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The |
|---|
| 183 | | - | 6.11fee schedule must reflect reasonable and routine direct and indirect costs associated with |
|---|
| 184 | | - | 6.12permitting, implementation, and enforcement. The agency may impose an additional |
|---|
| 185 | | - | 6.13enforcement fee to be collected for a period of up to two years to cover the reasonable costs |
|---|
| 186 | | - | 6.14of implementing and enforcing the conditions of a permit under the rules of the agency. |
|---|
| 187 | | - | 6.15Any money collected under this paragraph shall be deposited in the environmental fund. |
|---|
| 188 | | - | 6.16 (b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner |
|---|
| 189 | | - | 6.17or operator of all stationary sources, emission facilities, emissions units, air contaminant |
|---|
| 190 | | - | 6.18treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage |
|---|
| 191 | | - | 6.19facilities subject to a notification, permit, or license requirement under this chapter, |
|---|
| 192 | | - | 6.20subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401 |
|---|
| 193 | | - | 6.21et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and |
|---|
| 194 | | - | 6.22indirect reasonable costs, including legal costs, required to develop and administer the |
|---|
| 195 | | - | 6.23notification, permit, or license program requirements of this chapter, subchapters I and V |
|---|
| 196 | | - | 6.24of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules |
|---|
| 197 | | - | 6.25adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon |
|---|
| 198 | | - | 6.26an application for a permit; implementing and enforcing statutes, rules, and the terms and |
|---|
| 199 | | - | 6.27conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally |
|---|
| 200 | | - | 6.28applicable regulations; responding to federal guidance; modeling, analyses, and |
|---|
| 201 | | - | 6.29demonstrations; preparing inventories and tracking emissions; and providing information |
|---|
| 202 | | - | 6.30to the public about these activities. |
|---|
| 203 | | - | 6.31 (c) The agency shall set fees that: |
|---|
| 204 | | - | 6.32 (1) will result in the collection, in the aggregate, from the sources listed in paragraph |
|---|
| 205 | | - | 6.33(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant |
|---|
| 206 | | - | 6.34regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of |
|---|
| 170 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 6.1studies, if needed, and the permit applicant shall must submit all additional studies and |
|---|
| 171 | + | 6.2information necessary for the commissioner to perform the commissioner's responsibility |
|---|
| 172 | + | 6.3to review, modify, and determine the completeness of the application and approve the draft |
|---|
| 173 | + | 6.4permit. |
|---|
| 174 | + | 6.5 (l) If an environmental or resource management permit is not issued or denied within |
|---|
| 175 | + | 6.6the applicable period described in paragraph (a), the commissioner must immediately begin |
|---|
| 176 | + | 6.7review of the application and must take all steps necessary to issue the final permit, deny |
|---|
| 177 | + | 6.8the permit, or issue the public notice for the draft permit within 150 days of the expiration |
|---|
| 178 | + | 6.9of the applicable period described in paragraph (a). The commissioner may extend the period |
|---|
| 179 | + | 6.10for up to 60 days by issuing a written notice to the applicant stating the length of and reason |
|---|
| 180 | + | 6.11for the extension. Except as prohibited by federal law, after the applicable period expires, |
|---|
| 181 | + | 6.12any person may seek an order of the district court requiring the commissioner to immediately |
|---|
| 182 | + | 6.13take action on the permit application. A time limit under this paragraph may be extended |
|---|
| 183 | + | 6.14through written agreement between the commissioner and the applicant. |
|---|
| 184 | + | 6.15 Sec. 3. Minnesota Statutes 2024, section 116.07, subdivision 4a, is amended to read: |
|---|
| 185 | + | 6.16 Subd. 4a.Permits.(a) The Pollution Control Agency may issue, continue in effect or |
|---|
| 186 | + | 6.17deny permits, under such conditions as it may prescribe for the prevention of pollution, for |
|---|
| 187 | + | 6.18the emission of air contaminants, or for the installation or operation of any emission facility, |
|---|
| 188 | + | 6.19air contaminant treatment facility, treatment facility, potential air contaminant storage |
|---|
| 189 | + | 6.20facility, or storage facility, or any part thereof, or for the sources or emissions of noise |
|---|
| 190 | + | 6.21pollution. The Pollution Control Agency must issue separate permits for constructing a |
|---|
| 191 | + | 6.22facility described in this paragraph and for its operation. The Pollution Control Agency |
|---|
| 192 | + | 6.23must issue these permits in a manner that minimizes the time required to construct and begin |
|---|
| 193 | + | 6.24operation of the permitted facility. |
|---|
| 194 | + | 6.25 (b) The Pollution Control Agency may also issue, continue in effect or deny permits, |
|---|
| 195 | + | 6.26under such conditions as it may prescribe for the prevention of pollution, for the storage, |
|---|
| 196 | + | 6.27collection, transportation, processing, or disposal of waste, or for the installation or operation |
|---|
| 197 | + | 6.28of any system or facility, or any part thereof, related to the storage, collection, transportation, |
|---|
| 198 | + | 6.29processing, or disposal of waste. |
|---|
| 199 | + | 6.30 (c) The agency may not issue a permit to a facility without analyzing and considering |
|---|
| 200 | + | 6.31the cumulative levels and effects of past and current environmental pollution from all sources |
|---|
| 201 | + | 6.32on the environment and residents of the geographic area within which the facility's emissions |
|---|
| 202 | + | 6.33are likely to be deposited, provided that the facility is located in a community in a city of |
|---|
| 203 | + | 6.34the first class in Hennepin County that meets all of the following conditions: |
|---|
| 208 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM 7.1the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national |
|---|
| 209 | | - | 7.2primary ambient air quality standard has been promulgated; |
|---|
| 210 | | - | 7.3 (2) may result in the collection, in the aggregate, from the sources listed in paragraph |
|---|
| 211 | | - | 7.4(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is |
|---|
| 212 | | - | 7.5regulated under this chapter or air quality rules adopted under this chapter; and |
|---|
| 213 | | - | 7.6 (3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount |
|---|
| 214 | | - | 7.7needed to match grant funds received by the state under United States Code, title 42, section |
|---|
| 215 | | - | 7.87405 (section 105 of the federal Clean Air Act). |
|---|
| 216 | | - | 7.9The agency must not include in the calculation of the aggregate amount to be collected |
|---|
| 217 | | - | 7.10under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant |
|---|
| 218 | | - | 7.11from a source. The increase in air permit fees to match federal grant funds shall be a surcharge |
|---|
| 219 | | - | 7.12on existing fees. The commissioner may not collect the surcharge after the grant funds |
|---|
| 220 | | - | 7.13become unavailable. In addition, the commissioner shall use nonfee funds to the extent |
|---|
| 221 | | - | 7.14practical to match the grant funds so that the fee surcharge is minimized. |
|---|
| 222 | | - | 7.15 (d) To cover the reasonable costs described in paragraph (b), the agency shall provide |
|---|
| 223 | | - | 7.16in the rules promulgated under paragraph (c) for an increase in the fee collected in each |
|---|
| 224 | | - | 7.17year by the percentage, if any, by which the Consumer Price Index for the most recent |
|---|
| 225 | | - | 7.18calendar year ending before the beginning of the year the fee is collected exceeds the |
|---|
| 226 | | - | 7.19Consumer Price Index for the calendar year 1989. For purposes of this paragraph the |
|---|
| 227 | | - | 7.20Consumer Price Index for any calendar year is the average of the Consumer Price Index for |
|---|
| 228 | | - | 7.21all-urban consumers published by the United States Department of Labor, as of the close |
|---|
| 229 | | - | 7.22of the 12-month period ending on August 31 of each calendar year. The revision of the |
|---|
| 230 | | - | 7.23Consumer Price Index that is most consistent with the Consumer Price Index for calendar |
|---|
| 231 | | - | 7.24year 1989 shall be used. |
|---|
| 232 | | - | 7.25 (e) Any money collected under paragraphs (b) to (d) must be deposited in the |
|---|
| 233 | | - | 7.26environmental fund and must be used solely for the activities listed in paragraph (b). |
|---|
| 234 | | - | 7.27 (f) Permit applicants who wish to construct, reconstruct, or modify a project may offer |
|---|
| 235 | | - | 7.28request expedited permitting under this paragraph. An applicant requesting expedited |
|---|
| 236 | | - | 7.29permitting under this paragraph must agree to reimburse the agency for the costs of staff |
|---|
| 237 | | - | 7.30time or consultant services needed to expedite the preapplication process and permit |
|---|
| 238 | | - | 7.31development process through the final decision on the permit, including the analysis of |
|---|
| 239 | | - | 7.32environmental review documents. The reimbursement shall be is in addition to permit |
|---|
| 240 | | - | 7.33application fees imposed by law. When the agency determines that it needs additional |
|---|
| 241 | | - | 7.34resources to develop the permit application in an expedited manner, and that expediting the |
|---|
| 242 | | - | 7Sec. 3. |
|---|
| 243 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM 8.1development is consistent with permitting program priorities, the agency may accept the |
|---|
| 244 | | - | 8.2reimbursement. The commissioner must give the applicant an estimate of the timeline and |
|---|
| 245 | | - | 8.3costs to be incurred by the commissioner. The estimate must include a brief description of |
|---|
| 246 | | - | 8.4the tasks to be performed, a schedule for completing the tasks, and the estimated cost for |
|---|
| 247 | | - | 8.5each task. If the applicant agrees to the estimated timeline and costs negotiated with the |
|---|
| 248 | | - | 8.6commissioner, the applicant and the commissioner must enter into a written agreement |
|---|
| 249 | | - | 8.7detailing the estimated costs for the expedited permit decision-making process to be incurred |
|---|
| 250 | | - | 8.8by the agency to proceed accordingly. The agreement must also identify staff anticipated |
|---|
| 251 | | - | 8.9to be assigned to the project. The agreement may provide that, if permitting is completed |
|---|
| 252 | | - | 8.10ahead of the schedule set forth in the written agreement, the commissioner may retain any |
|---|
| 253 | | - | 8.11fees that would have been due if the permitting had taken the time contemplated in the |
|---|
| 254 | | - | 8.12written agreement. Fees retained by the commissioner under this paragraph are appropriated |
|---|
| 255 | | - | 8.13to the commissioner for administering the commissioner's permitting duties. The |
|---|
| 256 | | - | 8.14commissioner must not issue a permit until the applicant has paid all fees in full. The |
|---|
| 257 | | - | 8.15commissioner must refund any unobligated balance of fees paid. Reimbursements accepted |
|---|
| 258 | | - | 8.16by the agency are appropriated to the agency for the purpose of developing the permit or |
|---|
| 259 | | - | 8.17analyzing environmental review documents. Reimbursement by a permit applicant shall |
|---|
| 260 | | - | 8.18precede and not be contingent upon issuance of a permit; shall not affect the agency's decision |
|---|
| 261 | | - | 8.19on whether to issue or deny a permit, what conditions are included in a permit, or the |
|---|
| 262 | | - | 8.20application of state and federal statutes and rules governing permit determinations; and shall |
|---|
| 263 | | - | 8.21not affect final decisions regarding environmental review. |
|---|
| 264 | | - | 8.22 (g) The fees under this subdivision are exempt from section 16A.1285. |
|---|
| 265 | | - | 8.23 Sec. 4. Minnesota Statutes 2024, section 116D.04, subdivision 2a, is amended to read: |
|---|
| 266 | | - | 8.24 Subd. 2a.When prepared.(a) Where there is potential for significant environmental |
|---|
| 267 | | - | 8.25effects resulting from any major governmental action, the action must be preceded by a |
|---|
| 268 | | - | 8.26detailed environmental impact statement prepared by the responsible governmental unit. |
|---|
| 269 | | - | 8.27The environmental impact statement must be an analytical rather than an encyclopedic |
|---|
| 270 | | - | 8.28document that describes the proposed action in detail, analyzes its significant environmental |
|---|
| 271 | | - | 8.29impacts, discusses appropriate alternatives to the proposed action and their impacts, and |
|---|
| 272 | | - | 8.30explores methods by which adverse environmental impacts of an action could be mitigated. |
|---|
| 273 | | - | 8.31The environmental impact statement must also analyze those economic, employment, and |
|---|
| 274 | | - | 8.32sociological effects that cannot be avoided should the action be implemented. To ensure its |
|---|
| 275 | | - | 8.33use in the decision-making process, the environmental impact statement must be prepared |
|---|
| 276 | | - | 8.34as early as practical in the formulation of an action. |
|---|
| 205 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 7.1 (1) is within a half mile of a site designated by the federal government as an EPA |
|---|
| 206 | + | 7.2superfund site due to residential arsenic contamination; |
|---|
| 207 | + | 7.3 (2) a majority of the population are low-income persons of color and American Indians; |
|---|
| 208 | + | 7.4 (3) a disproportionate percent of the children have childhood lead poisoning, asthma, |
|---|
| 209 | + | 7.5or other environmentally related health problems; |
|---|
| 210 | + | 7.6 (4) is located in a city that has experienced numerous air quality alert days of dangerous |
|---|
| 211 | + | 7.7air quality for sensitive populations between February 2007 and February 2008; and |
|---|
| 212 | + | 7.8 (5) is located near the junctions of several heavily trafficked state and county highways |
|---|
| 213 | + | 7.9and two one-way streets which carry both truck and auto traffic. |
|---|
| 214 | + | 7.10 (d) The Pollution Control Agency may revoke or modify any permit issued under this |
|---|
| 215 | + | 7.11subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to |
|---|
| 216 | + | 7.12prevent or abate pollution. |
|---|
| 217 | + | 7.13 (e) The Pollution Control Agency has the authority for approval over the siting, expansion, |
|---|
| 218 | + | 7.14or operation of a solid waste facility with regard to environmental issues. However, the |
|---|
| 219 | + | 7.15agency's issuance of a permit does not release the permittee from any liability, penalty, or |
|---|
| 220 | + | 7.16duty imposed by any applicable county ordinances. Nothing in this chapter precludes, or |
|---|
| 221 | + | 7.17shall be construed to preclude, a county from enforcing land use controls, regulations, and |
|---|
| 222 | + | 7.18ordinances existing at the time of the permit application and adopted pursuant to Minnesota |
|---|
| 223 | + | 7.19Statutes 2020, sections 366.10 to 366.181, or sections 394.21 to 394.37, or 462.351 to |
|---|
| 224 | + | 7.20462.365, with regard to the siting, expansion, or operation of a solid waste facility. |
|---|
| 225 | + | 7.21 (f) Except as prohibited by federal law, a person may commence construction, |
|---|
| 226 | + | 7.22reconstruction, replacement, or modification of any facility prior to the issuance of a |
|---|
| 227 | + | 7.23construction permit by the agency. |
|---|
| 228 | + | 7.24 Sec. 4. Minnesota Statutes 2024, section 116.07, subdivision 4d, is amended to read: |
|---|
| 229 | + | 7.25 Subd. 4d.Permit fees.(a) The agency may collect permit fees in amounts not greater |
|---|
| 230 | + | 7.26than those necessary to cover the reasonable costs of developing, reviewing, and acting |
|---|
| 231 | + | 7.27upon applications for agency permits and implementing and enforcing the conditions of the |
|---|
| 232 | + | 7.28permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The |
|---|
| 233 | + | 7.29fee schedule must reflect reasonable and routine direct and indirect costs associated with |
|---|
| 234 | + | 7.30permitting, implementation, and enforcement. The agency may impose an additional |
|---|
| 235 | + | 7.31enforcement fee to be collected for a period of up to two years to cover the reasonable costs |
|---|
| 236 | + | 7.32of implementing and enforcing the conditions of a permit under the rules of the agency. |
|---|
| 237 | + | 7.33Any money collected under this paragraph shall be deposited in the environmental fund. |
|---|
| 238 | + | 7Sec. 4. |
|---|
| 239 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 8.1 (b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner |
|---|
| 240 | + | 8.2or operator of all stationary sources, emission facilities, emissions units, air contaminant |
|---|
| 241 | + | 8.3treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage |
|---|
| 242 | + | 8.4facilities subject to a notification, permit, or license requirement under this chapter, |
|---|
| 243 | + | 8.5subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401 |
|---|
| 244 | + | 8.6et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and |
|---|
| 245 | + | 8.7indirect reasonable costs, including legal costs, required to develop and administer the |
|---|
| 246 | + | 8.8notification, permit, or license program requirements of this chapter, subchapters I and V |
|---|
| 247 | + | 8.9of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules |
|---|
| 248 | + | 8.10adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon |
|---|
| 249 | + | 8.11an application for a permit; implementing and enforcing statutes, rules, and the terms and |
|---|
| 250 | + | 8.12conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally |
|---|
| 251 | + | 8.13applicable regulations; responding to federal guidance; modeling, analyses, and |
|---|
| 252 | + | 8.14demonstrations; preparing inventories and tracking emissions; and providing information |
|---|
| 253 | + | 8.15to the public about these activities. |
|---|
| 254 | + | 8.16 (c) The agency shall set fees that: |
|---|
| 255 | + | 8.17 (1) will result in the collection, in the aggregate, from the sources listed in paragraph |
|---|
| 256 | + | 8.18(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant |
|---|
| 257 | + | 8.19regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of |
|---|
| 258 | + | 8.20the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national |
|---|
| 259 | + | 8.21primary ambient air quality standard has been promulgated; |
|---|
| 260 | + | 8.22 (2) may result in the collection, in the aggregate, from the sources listed in paragraph |
|---|
| 261 | + | 8.23(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is |
|---|
| 262 | + | 8.24regulated under this chapter or air quality rules adopted under this chapter; and |
|---|
| 263 | + | 8.25 (3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount |
|---|
| 264 | + | 8.26needed to match grant funds received by the state under United States Code, title 42, section |
|---|
| 265 | + | 8.277405 (section 105 of the federal Clean Air Act). |
|---|
| 266 | + | 8.28The agency must not include in the calculation of the aggregate amount to be collected |
|---|
| 267 | + | 8.29under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant |
|---|
| 268 | + | 8.30from a source. The increase in air permit fees to match federal grant funds shall be a surcharge |
|---|
| 269 | + | 8.31on existing fees. The commissioner may not collect the surcharge after the grant funds |
|---|
| 270 | + | 8.32become unavailable. In addition, the commissioner shall use nonfee funds to the extent |
|---|
| 271 | + | 8.33practical to match the grant funds so that the fee surcharge is minimized. |
|---|
| 278 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM 9.1 (b) The board shall must by rule establish categories of actions for which environmental |
|---|
| 279 | | - | 9.2impact statements and for which environmental assessment worksheets must be prepared |
|---|
| 280 | | - | 9.3as well as categories of actions for which no environmental review is required under this |
|---|
| 281 | | - | 9.4section. A mandatory environmental assessment worksheet is not required for the expansion |
|---|
| 282 | | - | 9.5of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the |
|---|
| 283 | | - | 9.6conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol |
|---|
| 284 | | - | 9.7facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded |
|---|
| 285 | | - | 9.8or converted facility to produce alcohol fuel, but must be required if the ethanol plant or |
|---|
| 286 | | - | 9.9biobutanol facility meets or exceeds thresholds of other categories of actions for which |
|---|
| 287 | | - | 9.10environmental assessment worksheets must be prepared. The responsible governmental unit |
|---|
| 288 | | - | 9.11for an ethanol plant or biobutanol facility project for which an environmental assessment |
|---|
| 289 | | - | 9.12worksheet is prepared is the state agency with the greatest responsibility for supervising or |
|---|
| 290 | | - | 9.13approving the project as a whole. |
|---|
| 291 | | - | 9.14 (c) A mandatory environmental impact statement is not required for a facility or plant |
|---|
| 292 | | - | 9.15located outside the seven-county metropolitan area that produces less than 125,000,000 |
|---|
| 293 | | - | 9.16gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than 400,000 |
|---|
| 294 | | - | 9.17tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined in section |
|---|
| 295 | | - | 9.1841A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section 41A.15, |
|---|
| 296 | | - | 9.19subdivision 2d; or a cellulosic biofuel facility. A facility or plant that only uses a cellulosic |
|---|
| 297 | | - | 9.20feedstock to produce chemical products for use by another facility as a feedstock is not |
|---|
| 298 | | - | 9.21considered a fuel conversion facility as used in rules adopted under this chapter. |
|---|
| 299 | | - | 9.22 (d) The responsible governmental unit shall must promptly publish notice of the |
|---|
| 300 | | - | 9.23completion of an environmental assessment worksheet by publishing the notice in at least |
|---|
| 301 | | - | 9.24one newspaper of general circulation in the geographic area where the project is proposed, |
|---|
| 302 | | - | 9.25by posting the notice on a website that has been designated as the official publication site |
|---|
| 303 | | - | 9.26for publication of proceedings, public notices, and summaries of a political subdivision in |
|---|
| 304 | | - | 9.27which the project is proposed, or in any other manner determined by the board and shall |
|---|
| 305 | | - | 9.28must provide copies of the environmental assessment worksheet to the board and its member |
|---|
| 306 | | - | 9.29agencies. Comments on the need for an environmental impact statement may be submitted |
|---|
| 307 | | - | 9.30to the responsible governmental unit during a 30-day period following publication of the |
|---|
| 308 | | - | 9.31notice that an environmental assessment worksheet has been completed. The responsible |
|---|
| 309 | | - | 9.32governmental unit may extend the 30-day comment period for an additional 30 days one |
|---|
| 310 | | - | 9.33time. Further extensions of the comment period may not be made unless approved by the |
|---|
| 311 | | - | 9.34project's proposer. The responsible governmental unit's decision on the need for an |
|---|
| 312 | | - | 9.35environmental impact statement must be based on the environmental assessment worksheet |
|---|
| 273 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 9.1 (d) To cover the reasonable costs described in paragraph (b), the agency shall provide |
|---|
| 274 | + | 9.2in the rules promulgated under paragraph (c) for an increase in the fee collected in each |
|---|
| 275 | + | 9.3year by the percentage, if any, by which the Consumer Price Index for the most recent |
|---|
| 276 | + | 9.4calendar year ending before the beginning of the year the fee is collected exceeds the |
|---|
| 277 | + | 9.5Consumer Price Index for the calendar year 1989. For purposes of this paragraph the |
|---|
| 278 | + | 9.6Consumer Price Index for any calendar year is the average of the Consumer Price Index for |
|---|
| 279 | + | 9.7all-urban consumers published by the United States Department of Labor, as of the close |
|---|
| 280 | + | 9.8of the 12-month period ending on August 31 of each calendar year. The revision of the |
|---|
| 281 | + | 9.9Consumer Price Index that is most consistent with the Consumer Price Index for calendar |
|---|
| 282 | + | 9.10year 1989 shall be used. |
|---|
| 283 | + | 9.11 (e) Any money collected under paragraphs (b) to (d) must be deposited in the |
|---|
| 284 | + | 9.12environmental fund and must be used solely for the activities listed in paragraph (b). |
|---|
| 285 | + | 9.13 (f) Permit applicants who wish to construct, reconstruct, or modify a project may offer |
|---|
| 286 | + | 9.14request expedited permitting under this paragraph. An applicant requesting expedited |
|---|
| 287 | + | 9.15permitting under this paragraph must agree to reimburse the agency for the costs of staff |
|---|
| 288 | + | 9.16time or consultant services needed to expedite the preapplication process and permit |
|---|
| 289 | + | 9.17development process through the final decision on the permit, including the analysis of |
|---|
| 290 | + | 9.18environmental review documents. The reimbursement shall be is in addition to permit |
|---|
| 291 | + | 9.19application fees imposed by law. When the agency determines that it needs additional |
|---|
| 292 | + | 9.20resources to develop the permit application in an expedited manner, and that expediting the |
|---|
| 293 | + | 9.21development is consistent with permitting program priorities, the agency may accept the |
|---|
| 294 | + | 9.22reimbursement. The commissioner must give the applicant an estimate of the timeline and |
|---|
| 295 | + | 9.23costs to be incurred by the commissioner. The estimate must include a brief description of |
|---|
| 296 | + | 9.24the tasks to be performed, a schedule for completing the tasks, and the estimated cost for |
|---|
| 297 | + | 9.25each task. If the applicant agrees to the estimated timeline and costs negotiated with the |
|---|
| 298 | + | 9.26commissioner, the applicant and the commissioner must enter into a written agreement |
|---|
| 299 | + | 9.27detailing the estimated costs for the expedited permit decision-making process to be incurred |
|---|
| 300 | + | 9.28by the agency to proceed accordingly. The agreement must also identify staff anticipated |
|---|
| 301 | + | 9.29to be assigned to the project. The agreement may provide that, if permitting is completed |
|---|
| 302 | + | 9.30ahead of the schedule set forth in the written agreement, the commissioner may retain any |
|---|
| 303 | + | 9.31fees that would have been due if the permitting had taken the time contemplated in the |
|---|
| 304 | + | 9.32written agreement. Fees retained by the commissioner under this paragraph are appropriated |
|---|
| 305 | + | 9.33to the commissioner to pay for administering the commissioner's permitting duties. The |
|---|
| 306 | + | 9.34commissioner must not issue a permit until the applicant has paid all fees in full. The |
|---|
| 307 | + | 9.35commissioner must refund any unobligated balance of fees paid. Reimbursements accepted |
|---|
| 314 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM 10.1and the comments received during the comment period, and must be made within 15 days |
|---|
| 315 | | - | 10.2after the close of the comment period. The board's chair may extend the 15-day period by |
|---|
| 316 | | - | 10.3not more than 15 additional days upon the request of the responsible governmental unit. |
|---|
| 317 | | - | 10.4 (e) An environmental assessment worksheet must also be prepared for a proposed action |
|---|
| 318 | | - | 10.5whenever material evidence accompanying a petition by not less than 100 individuals who |
|---|
| 319 | | - | 10.6reside or own property in the state a Minnesota county where the proposed action will be |
|---|
| 320 | | - | 10.7undertaken or in one or more adjoining counties, submitted before the proposed project has |
|---|
| 321 | | - | 10.8received final approval by the appropriate governmental units, demonstrates that, because |
|---|
| 322 | | - | 10.9of the nature or location of a proposed action, there may be potential for significant |
|---|
| 323 | | - | 10.10environmental effects. Petitions requesting the preparation of an environmental assessment |
|---|
| 324 | | - | 10.11worksheet must be submitted to the board. The chair of the board shall must determine the |
|---|
| 325 | | - | 10.12appropriate responsible governmental unit and forward the petition to it. A decision on the |
|---|
| 326 | | - | 10.13need for an environmental assessment worksheet must be made by the responsible |
|---|
| 327 | | - | 10.14governmental unit within 15 days after the petition is received by the responsible |
|---|
| 328 | | - | 10.15governmental unit. The board's chair may extend the 15-day period by not more than 15 |
|---|
| 329 | | - | 10.16additional days upon request of the responsible governmental unit. |
|---|
| 330 | | - | 10.17 (f) Except in an environmentally sensitive location where Minnesota Rules, part |
|---|
| 331 | | - | 10.184410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental |
|---|
| 332 | | - | 10.19review under this chapter and rules of the board, if: |
|---|
| 333 | | - | 10.20 (1) the proposed action is: |
|---|
| 334 | | - | 10.21 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or |
|---|
| 335 | | - | 10.22 (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity |
|---|
| 336 | | - | 10.23of less than 1,000 animal units; |
|---|
| 337 | | - | 10.24 (2) the application for the animal feedlot facility includes a written commitment by the |
|---|
| 338 | | - | 10.25proposer to design, construct, and operate the facility in full compliance with Pollution |
|---|
| 339 | | - | 10.26Control Agency feedlot rules; and |
|---|
| 340 | | - | 10.27 (3) the county board holds a public meeting for citizen input at least ten business days |
|---|
| 341 | | - | 10.28before the Pollution Control Agency or county issuing a feedlot permit for the animal feedlot |
|---|
| 342 | | - | 10.29facility unless another public meeting for citizen input has been held with regard to the |
|---|
| 343 | | - | 10.30feedlot facility to be permitted. The exemption in this paragraph is in addition to other |
|---|
| 344 | | - | 10.31exemptions provided under other law and rules of the board. |
|---|
| 345 | | - | 10.32 (g) The board may, before final approval of a proposed project, require preparation of |
|---|
| 346 | | - | 10.33an environmental assessment worksheet by a responsible governmental unit selected by the |
|---|
| 347 | | - | 10Sec. 4. |
|---|
| 348 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM 11.1board for any action where environmental review under this section has not been specifically |
|---|
| 349 | | - | 11.2provided for by rule or otherwise initiated. |
|---|
| 350 | | - | 11.3 (h) An early and open process must be used to limit the scope of the environmental |
|---|
| 351 | | - | 11.4impact statement to a discussion of those impacts that, because of the nature or location of |
|---|
| 352 | | - | 11.5the project, have the potential for significant environmental effects. The same process must |
|---|
| 353 | | - | 11.6be used to determine the form, content, and level of detail of the statement as well as the |
|---|
| 354 | | - | 11.7alternatives that are appropriate for consideration in the statement. In addition, the permits |
|---|
| 355 | | - | 11.8that will be required for the proposed action must be identified during the scoping process. |
|---|
| 356 | | - | 11.9Further, the process must identify those permits for which information will be developed |
|---|
| 357 | | - | 11.10concurrently with the environmental impact statement. The board shall must provide in its |
|---|
| 358 | | - | 11.11rules for the expeditious completion of the scoping process. The determinations reached in |
|---|
| 359 | | - | 11.12the process must be incorporated into the order requiring the preparation of an environmental |
|---|
| 360 | | - | 11.13impact statement. |
|---|
| 361 | | - | 11.14 (i) The responsible governmental unit shall must, to the extent practicable, avoid |
|---|
| 362 | | - | 11.15duplication and ensure coordination between state and federal environmental review and |
|---|
| 363 | | - | 11.16between environmental review and environmental permitting. Whenever practical, |
|---|
| 364 | | - | 11.17information needed by a governmental unit for making final decisions on permits or other |
|---|
| 365 | | - | 11.18actions required for a proposed project must be developed in conjunction with the preparation |
|---|
| 366 | | - | 11.19of an environmental impact statement. When an environmental impact statement is prepared |
|---|
| 367 | | - | 11.20for a project requiring multiple permits for which two or more agencies' decision processes |
|---|
| 368 | | - | 11.21include either mandatory or discretionary hearings before a hearing officer before the |
|---|
| 369 | | - | 11.22agencies' decision on the permit, the agencies may, notwithstanding any law or rule to the |
|---|
| 370 | | - | 11.23contrary, conduct the hearings in a single consolidated hearing process if requested by the |
|---|
| 371 | | - | 11.24proposer. All agencies having jurisdiction over a permit that is included in the consolidated |
|---|
| 372 | | - | 11.25hearing shall must participate. The responsible governmental unit shall must establish |
|---|
| 373 | | - | 11.26appropriate procedures for the consolidated hearing process, including procedures to ensure |
|---|
| 374 | | - | 11.27that the consolidated hearing process is consistent with the applicable requirements for each |
|---|
| 375 | | - | 11.28permit regarding the rights and duties of parties to the hearing, and shall must use the earliest |
|---|
| 376 | | - | 11.29applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over |
|---|
| 377 | | - | 11.30a permit identified in the draft environmental assessment worksheet scoping document must |
|---|
| 378 | | - | 11.31begin reviewing any permit application upon publication of the notice of preparation of the |
|---|
| 379 | | - | 11.32environmental impact statement. |
|---|
| 380 | | - | 11.33 (j) An environmental impact statement must be prepared and its adequacy determined |
|---|
| 381 | | - | 11.34within 280 days after notice of its preparation unless the time is extended by consent of the |
|---|
| 382 | | - | 11.35parties or by the governor for good cause. The responsible governmental unit shall must |
|---|
| 383 | | - | 11Sec. 4. |
|---|
| 384 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM 12.1determine the adequacy of an environmental impact statement, unless within 60 days after |
|---|
| 385 | | - | 12.2notice is published that an environmental impact statement will be prepared, the board |
|---|
| 386 | | - | 12.3chooses to determine the adequacy of an environmental impact statement. If an environmental |
|---|
| 387 | | - | 12.4impact statement is found to be inadequate, the responsible governmental unit has 60 days |
|---|
| 388 | | - | 12.5to prepare an adequate environmental impact statement. |
|---|
| 389 | | - | 12.6 (k) The proposer of a specific action may include in the information submitted to the |
|---|
| 390 | | - | 12.7responsible governmental unit a preliminary draft environmental impact statement under |
|---|
| 391 | | - | 12.8this section on that action for review, modification, and determination of completeness and |
|---|
| 392 | | - | 12.9adequacy by the responsible governmental unit. A preliminary draft environmental impact |
|---|
| 393 | | - | 12.10statement prepared by the project proposer and submitted to the responsible governmental |
|---|
| 394 | | - | 12.11unit must identify or include as an appendix all studies and other sources of information |
|---|
| 395 | | - | 12.12used to substantiate the analysis contained in the preliminary draft environmental impact |
|---|
| 396 | | - | 12.13statement. The responsible governmental unit shall must require additional studies, if needed, |
|---|
| 397 | | - | 12.14and obtain from the project proposer all additional studies and information necessary for |
|---|
| 398 | | - | 12.15the responsible governmental unit to perform its responsibility to review, modify, and |
|---|
| 399 | | - | 12.16determine the completeness and adequacy of the environmental impact statement. |
|---|
| 400 | | - | 12.17Sec. 5. Minnesota Statutes 2024, section 116D.04, subdivision 2b, is amended to read: |
|---|
| 401 | | - | 12.18 Subd. 2b.Project prerequisites.(a) If an environmental assessment worksheet or an |
|---|
| 402 | | - | 12.19environmental impact statement is required for a governmental action under subdivision |
|---|
| 403 | | - | 12.202a, a project may not be started and a final governmental decision may not be made to grant |
|---|
| 404 | | - | 12.21a permit, approve a project, or begin a project, until: |
|---|
| 405 | | - | 12.22 (1) a petition for an environmental assessment worksheet is dismissed; |
|---|
| 406 | | - | 12.23 (2) a negative declaration has been issued on the need for an environmental impact |
|---|
| 407 | | - | 12.24statement; |
|---|
| 408 | | - | 12.25 (3) the environmental impact statement has been determined adequate; or |
|---|
| 409 | | - | 12.26 (4) a variance has been granted from making an environmental impact statement by the |
|---|
| 410 | | - | 12.27environmental quality board. |
|---|
| 411 | | - | 12.28 (b) Nothing in this subdivision precludes a local unit of government from beginning to |
|---|
| 412 | | - | 12.29review a feedlot permit application for a feedlot subject to environmental review under this |
|---|
| 413 | | - | 12.30chapter. |
|---|
| 309 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 10.1by the agency are appropriated to the agency for the purpose of developing the permit or |
|---|
| 310 | + | 10.2analyzing environmental review documents. Reimbursement by a permit applicant shall |
|---|
| 311 | + | 10.3precede and not be contingent upon issuance of a permit; shall not affect the agency's decision |
|---|
| 312 | + | 10.4on whether to issue or deny a permit, what conditions are included in a permit, or the |
|---|
| 313 | + | 10.5application of state and federal statutes and rules governing permit determinations; and shall |
|---|
| 314 | + | 10.6not affect final decisions regarding environmental review. |
|---|
| 315 | + | 10.7 (g) The fees under this subdivision are exempt from section 16A.1285. |
|---|
| 316 | + | 10.8 Sec. 5. Minnesota Statutes 2024, section 116D.04, subdivision 2a, is amended to read: |
|---|
| 317 | + | 10.9 Subd. 2a.When prepared.(a) Where there is potential for significant environmental |
|---|
| 318 | + | 10.10effects resulting from any major governmental action, the action must be preceded by a |
|---|
| 319 | + | 10.11detailed environmental impact statement prepared by the responsible governmental unit. |
|---|
| 320 | + | 10.12The environmental impact statement must be an analytical rather than an encyclopedic |
|---|
| 321 | + | 10.13document that describes the proposed action in detail, analyzes its significant environmental |
|---|
| 322 | + | 10.14impacts, discusses appropriate alternatives to the proposed action and their impacts, and |
|---|
| 323 | + | 10.15explores methods by which adverse environmental impacts of an action could be mitigated. |
|---|
| 324 | + | 10.16The environmental impact statement must also analyze those economic, employment, and |
|---|
| 325 | + | 10.17sociological effects that cannot be avoided should the action be implemented. To ensure its |
|---|
| 326 | + | 10.18use in the decision-making process, the environmental impact statement must be prepared |
|---|
| 327 | + | 10.19as early as practical in the formulation of an action. |
|---|
| 328 | + | 10.20 (b) The board shall must by rule establish categories of actions for which environmental |
|---|
| 329 | + | 10.21impact statements and for which environmental assessment worksheets must be prepared |
|---|
| 330 | + | 10.22as well as categories of actions for which no environmental review is required under this |
|---|
| 331 | + | 10.23section. A mandatory environmental assessment worksheet is not required for the expansion |
|---|
| 332 | + | 10.24of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the |
|---|
| 333 | + | 10.25conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol |
|---|
| 334 | + | 10.26facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded |
|---|
| 335 | + | 10.27or converted facility to produce alcohol fuel, but must be required if the ethanol plant or |
|---|
| 336 | + | 10.28biobutanol facility meets or exceeds thresholds of other categories of actions for which |
|---|
| 337 | + | 10.29environmental assessment worksheets must be prepared. The responsible governmental unit |
|---|
| 338 | + | 10.30for an ethanol plant or biobutanol facility project for which an environmental assessment |
|---|
| 339 | + | 10.31worksheet is prepared is the state agency with the greatest responsibility for supervising or |
|---|
| 340 | + | 10.32approving the project as a whole. |
|---|
| 341 | + | 10.33 (c) A mandatory environmental impact statement is not required for a facility or plant |
|---|
| 342 | + | 10.34located outside the seven-county metropolitan area that produces less than 125,000,000 |
|---|
| 343 | + | 10Sec. 5. |
|---|
| 344 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 11.1gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than 400,000 |
|---|
| 345 | + | 11.2tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined in section |
|---|
| 346 | + | 11.341A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section 41A.15, |
|---|
| 347 | + | 11.4subdivision 2d; or a cellulosic biofuel facility. A facility or plant that only uses a cellulosic |
|---|
| 348 | + | 11.5feedstock to produce chemical products for use by another facility as a feedstock is not |
|---|
| 349 | + | 11.6considered a fuel conversion facility as used in rules adopted under this chapter. |
|---|
| 350 | + | 11.7 (d) The responsible governmental unit shall must promptly publish notice of the |
|---|
| 351 | + | 11.8completion of an environmental assessment worksheet by publishing the notice in at least |
|---|
| 352 | + | 11.9one newspaper of general circulation in the geographic area where the project is proposed, |
|---|
| 353 | + | 11.10by posting the notice on a website that has been designated as the official publication site |
|---|
| 354 | + | 11.11for publication of proceedings, public notices, and summaries of a political subdivision in |
|---|
| 355 | + | 11.12which the project is proposed, or in any other manner determined by the board and shall |
|---|
| 356 | + | 11.13must provide copies of the environmental assessment worksheet to the board and its member |
|---|
| 357 | + | 11.14agencies. Comments on the need for an environmental impact statement may be submitted |
|---|
| 358 | + | 11.15to the responsible governmental unit during a 30-day period following publication of the |
|---|
| 359 | + | 11.16notice that an environmental assessment worksheet has been completed. The responsible |
|---|
| 360 | + | 11.17governmental unit may extend the 30-day comment period for an additional 30 days one |
|---|
| 361 | + | 11.18time. Further extensions of the comment period may not be made unless approved by the |
|---|
| 362 | + | 11.19project's proposer. The responsible governmental unit's decision on the need for an |
|---|
| 363 | + | 11.20environmental impact statement must be based on the environmental assessment worksheet |
|---|
| 364 | + | 11.21and the comments received during the comment period, and must be made within 15 days |
|---|
| 365 | + | 11.22after the close of the comment period. The board's chair may extend the 15-day period by |
|---|
| 366 | + | 11.23not more than 15 additional days upon the request of the responsible governmental unit. |
|---|
| 367 | + | 11.24 (e) An environmental assessment worksheet must also be prepared for a proposed action |
|---|
| 368 | + | 11.25whenever material evidence accompanying a petition by not less than 100 individuals who |
|---|
| 369 | + | 11.26reside or own property in the state a county where the proposed action will be undertaken |
|---|
| 370 | + | 11.27or in one or more adjoining counties, submitted before the proposed project has received |
|---|
| 371 | + | 11.28final approval by the appropriate governmental units, demonstrates that, because of the |
|---|
| 372 | + | 11.29nature or location of a proposed action, there may be potential for significant environmental |
|---|
| 373 | + | 11.30effects. Petitions requesting the preparation of an environmental assessment worksheet must |
|---|
| 374 | + | 11.31be submitted to the board. The chair of the board shall must determine the appropriate |
|---|
| 375 | + | 11.32responsible governmental unit and forward the petition to it. A decision on the need for an |
|---|
| 376 | + | 11.33environmental assessment worksheet must be made by the responsible governmental unit |
|---|
| 377 | + | 11.34within 15 days after the petition is received by the responsible governmental unit. The |
|---|
| 378 | + | 11Sec. 5. |
|---|
| 379 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 12.1board's chair may extend the 15-day period by not more than 15 additional days upon request |
|---|
| 380 | + | 12.2of the responsible governmental unit. |
|---|
| 381 | + | 12.3 (f) Except in an environmentally sensitive location where Minnesota Rules, part |
|---|
| 382 | + | 12.44410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental |
|---|
| 383 | + | 12.5review under this chapter and rules of the board, if: |
|---|
| 384 | + | 12.6 (1) the proposed action is: |
|---|
| 385 | + | 12.7 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or |
|---|
| 386 | + | 12.8 (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity |
|---|
| 387 | + | 12.9of less than 1,000 animal units; |
|---|
| 388 | + | 12.10 (2) the application for the animal feedlot facility includes a written commitment by the |
|---|
| 389 | + | 12.11proposer to design, construct, and operate the facility in full compliance with Pollution |
|---|
| 390 | + | 12.12Control Agency feedlot rules; and |
|---|
| 391 | + | 12.13 (3) the county board holds a public meeting for citizen input at least ten business days |
|---|
| 392 | + | 12.14before the Pollution Control Agency or county issuing a feedlot permit for the animal feedlot |
|---|
| 393 | + | 12.15facility unless another public meeting for citizen input has been held with regard to the |
|---|
| 394 | + | 12.16feedlot facility to be permitted. The exemption in this paragraph is in addition to other |
|---|
| 395 | + | 12.17exemptions provided under other law and rules of the board. |
|---|
| 396 | + | 12.18 (g) The board may, before final approval of a proposed project, require preparation of |
|---|
| 397 | + | 12.19an environmental assessment worksheet by a responsible governmental unit selected by the |
|---|
| 398 | + | 12.20board for any action where environmental review under this section has not been specifically |
|---|
| 399 | + | 12.21provided for by rule or otherwise initiated. |
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| 400 | + | 12.22 (h) An early and open process must be used to limit the scope of the environmental |
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| 401 | + | 12.23impact statement to a discussion of those impacts that, because of the nature or location of |
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| 402 | + | 12.24the project, have the potential for significant environmental effects. The same process must |
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| 403 | + | 12.25be used to determine the form, content, and level of detail of the statement as well as the |
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| 404 | + | 12.26alternatives that are appropriate for consideration in the statement. In addition, the permits |
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| 405 | + | 12.27that will be required for the proposed action must be identified during the scoping process. |
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| 406 | + | 12.28Further, the process must identify those permits for which information will be developed |
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| 407 | + | 12.29concurrently with the environmental impact statement. The board shall must provide in its |
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| 408 | + | 12.30rules for the expeditious completion of the scoping process. The determinations reached in |
|---|
| 409 | + | 12.31the process must be incorporated into the order requiring the preparation of an environmental |
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| 410 | + | 12.32impact statement. |
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| 415 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM 13.1 Sec. 6. SCOPING ENVIRONMENT AL ASSESSMENT WORKSHEET NOT |
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| 416 | | - | 13.2REQUIRED FOR PROJECTS THAT REQUIRE A MANDATORY |
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| 417 | | - | 13.3ENVIRONMENT AL IMPACT STATEMENT. |
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| 418 | | - | 13.4 (a) The Environmental Quality Board must amend Minnesota Rules, part 4410.2100, as |
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| 419 | | - | 13.5follows: |
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| 420 | | - | 13.6 (1) to provide that an environmental assessment worksheet does not need to be prepared |
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| 421 | | - | 13.7for a project that falls within a mandatory environmental impact statement category under |
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| 422 | | - | 13.8Minnesota Rules, part 4410.4400, or other applicable law; and |
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| 423 | | - | 13.9 (2) to provide that a scoping process undertaken under Minnesota Rules, part 4410.2100, |
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| 424 | | - | 13.10must be completed no later than 280 days after the process begins. |
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| 425 | | - | 13.11 (b) The board may use the good cause exemption under Minnesota Statutes, section |
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| 426 | | - | 13.1214.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, |
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| 427 | | - | 13.13section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388. |
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| 428 | | - | 13.14Sec. 7. STATE IMPLEMENTATION PLAN REVISIONS. |
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| 429 | | - | 13.15 The commissioner of the Pollution Control Agency must seek approval from the federal |
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| 430 | | - | 13.16Environmental Protection Agency for revisions to the state's federal Clean Air Act state |
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| 431 | | - | 13.17implementation plan if changes are needed to reflect the requirements of Minnesota Statutes, |
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| 432 | | - | 13.18section 116.07, subdivision 4a, as amended by this act. |
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| 433 | | - | 13.19Sec. 8. INTENT. |
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| 434 | | - | 13.20 The legislature recognizes the need to retain and grow the state's economy and vital |
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| 435 | | - | 13.21infrastructure to keep Minnesota competitive on a national and global level. This growth |
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| 436 | | - | 13.22requires innovation and creativity, which will be achieved while protecting our environment |
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| 437 | | - | 13.23and natural resources as prescribed under current law. It is therefore the intent of the |
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| 438 | | - | 13.24legislature in enacting this bill that the state will meet or exceed efficiency goals, modernize |
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| 439 | | - | 13.25existing regulatory systems, and communicate clearly to permit applicants and stakeholders |
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| 440 | | - | 13.26to ensure a predictable, transparent, and fair permitting and environmental review process. |
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| 441 | | - | 13.27Sec. 9. REPORT ON USE OF AUTHORITY TO EXTEND TIMELINE FOR |
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| 442 | | - | 13.28CERTAIN AGENCY ACTIONS. |
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| 443 | | - | 13.29 By October 1, 2027, the Board of Water and Soil Resources must report to the chairs |
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| 444 | | - | 13.30and ranking minority members of the legislative committees with jurisdiction over |
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| 445 | | - | 13.31environment and natural resources policy on the number of extensions under Minnesota |
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| 446 | | - | 13Sec. 9. |
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| 447 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM 14.1Statutes, section 15.99, subdivision 3, paragraph (f), that are made for any determination |
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| 448 | | - | 14.2under Minnesota Statutes, sections 103G.221 to 103G.2375, between July 1, 2025, and June |
|---|
| 449 | | - | 14.330, 2027. A local government unit must supply the board with information necessary to |
|---|
| 450 | | - | 14.4prepare the report required by this section. |
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| 451 | | - | 14.5 Sec. 10. APPROPRIATION; MINNESOTA BUSINESS FIRST STOP. |
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| 452 | | - | 14.6 $325,000 in fiscal year 2026 and $325,000 in fiscal year 2027 are appropriated from the |
|---|
| 453 | | - | 14.7general fund to the commissioner of employment and economic development for the |
|---|
| 454 | | - | 14.8Minnesota Business First Stop program. |
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| 455 | | - | 14Sec. 10. |
|---|
| 456 | | - | S0570-1 1st EngrossmentSF570 REVISOR CKM |
|---|
| 412 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 13.1 (i) The responsible governmental unit shall must, to the extent practicable, avoid |
|---|
| 413 | + | 13.2duplication and ensure coordination between state and federal environmental review and |
|---|
| 414 | + | 13.3between environmental review and environmental permitting. Whenever practical, |
|---|
| 415 | + | 13.4information needed by a governmental unit for making final decisions on permits or other |
|---|
| 416 | + | 13.5actions required for a proposed project must be developed in conjunction with the preparation |
|---|
| 417 | + | 13.6of an environmental impact statement. When an environmental impact statement is prepared |
|---|
| 418 | + | 13.7for a project requiring multiple permits for which two or more agencies' decision processes |
|---|
| 419 | + | 13.8include either mandatory or discretionary hearings before a hearing officer before the |
|---|
| 420 | + | 13.9agencies' decision on the permit, the agencies may, notwithstanding any law or rule to the |
|---|
| 421 | + | 13.10contrary, conduct the hearings in a single consolidated hearing process if requested by the |
|---|
| 422 | + | 13.11proposer. All agencies having jurisdiction over a permit that is included in the consolidated |
|---|
| 423 | + | 13.12hearing shall must participate. The responsible governmental unit shall must establish |
|---|
| 424 | + | 13.13appropriate procedures for the consolidated hearing process, including procedures to ensure |
|---|
| 425 | + | 13.14that the consolidated hearing process is consistent with the applicable requirements for each |
|---|
| 426 | + | 13.15permit regarding the rights and duties of parties to the hearing, and shall must use the earliest |
|---|
| 427 | + | 13.16applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over |
|---|
| 428 | + | 13.17a permit identified in the draft environmental assessment worksheet scoping document must |
|---|
| 429 | + | 13.18begin reviewing any permit application upon publication of the notice of preparation of the |
|---|
| 430 | + | 13.19environmental impact statement. |
|---|
| 431 | + | 13.20 (j) An environmental impact statement must be prepared and its adequacy determined |
|---|
| 432 | + | 13.21within 280 days after notice of its preparation unless the time is extended by consent of the |
|---|
| 433 | + | 13.22parties or by the governor for good cause. The responsible governmental unit shall must |
|---|
| 434 | + | 13.23determine the adequacy of an environmental impact statement, unless within 60 days after |
|---|
| 435 | + | 13.24notice is published that an environmental impact statement will be prepared, the board |
|---|
| 436 | + | 13.25chooses to determine the adequacy of an environmental impact statement. If an environmental |
|---|
| 437 | + | 13.26impact statement is found to be inadequate, the responsible governmental unit has 60 days |
|---|
| 438 | + | 13.27to prepare an adequate environmental impact statement. |
|---|
| 439 | + | 13.28 (k) The proposer of a specific action may include in the information submitted to the |
|---|
| 440 | + | 13.29responsible governmental unit a preliminary draft environmental impact statement under |
|---|
| 441 | + | 13.30this section on that action for review, modification, and determination of completeness and |
|---|
| 442 | + | 13.31adequacy by the responsible governmental unit. A preliminary draft environmental impact |
|---|
| 443 | + | 13.32statement prepared by the project proposer and submitted to the responsible governmental |
|---|
| 444 | + | 13.33unit must identify or include as an appendix all studies and other sources of information |
|---|
| 445 | + | 13.34used to substantiate the analysis contained in the preliminary draft environmental impact |
|---|
| 446 | + | 13.35statement. The responsible governmental unit shall must require additional studies, if needed, |
|---|
| 447 | + | 13Sec. 5. |
|---|
| 448 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 14.1and obtain from the project proposer all additional studies and information necessary for |
|---|
| 449 | + | 14.2the responsible governmental unit to perform its responsibility to review, modify, and |
|---|
| 450 | + | 14.3determine the completeness and adequacy of the environmental impact statement. |
|---|
| 451 | + | 14.4 Sec. 6. Minnesota Statutes 2024, section 116J.035, is amended by adding a subdivision |
|---|
| 452 | + | 14.5to read: |
|---|
| 453 | + | 14.6 Subd. 9.Ombudsman for business permitting.(a) The commissioner of employment |
|---|
| 454 | + | 14.7and economic development must appoint an ombudsman for business permitting to assist |
|---|
| 455 | + | 14.8businesses of all sizes with obtaining permits necessary to operate in the state. The |
|---|
| 456 | + | 14.9ombudsman's duties include but are not limited to: |
|---|
| 457 | + | 14.10 (1) conducting independent evaluations of all aspects of permitting processes that affect |
|---|
| 458 | + | 14.11businesses in the state; |
|---|
| 459 | + | 14.12 (2) monitoring, reviewing, and providing comments and recommendations to federal, |
|---|
| 460 | + | 14.13state, and local authorities on laws and regulations that impact businesses in the state; |
|---|
| 461 | + | 14.14 (3) facilitating and promoting participation of businesses in developing laws and |
|---|
| 462 | + | 14.15regulations that affect businesses; |
|---|
| 463 | + | 14.16 (4) providing reports to federal, state, and local authorities and the public on the |
|---|
| 464 | + | 14.17requirements of permitting laws and the laws' impact on businesses; |
|---|
| 465 | + | 14.18 (5) disseminating information about proposed regulations and other information to |
|---|
| 466 | + | 14.19businesses and other interested parties; |
|---|
| 467 | + | 14.20 (6) participating in and sponsoring meetings and conferences about business permitting |
|---|
| 468 | + | 14.21with state and local regulatory officials, industry groups, and business representatives; |
|---|
| 469 | + | 14.22 (7) investigating and assisting in resolving complaints and disputes from businesses |
|---|
| 470 | + | 14.23against state or local authorities; |
|---|
| 471 | + | 14.24 (8) operating a toll-free telephone line to provide free confidential help on |
|---|
| 472 | + | 14.25permitting-related problems and grievances; |
|---|
| 473 | + | 14.26 (9) establishing cooperative programs with trade associations and small businesses to |
|---|
| 474 | + | 14.27promote and achieve voluntary compliance with applicable laws and regulations; |
|---|
| 475 | + | 14.28 (10) establishing cooperative programs with federal, state, and local governmental entities |
|---|
| 476 | + | 14.29and the private sector to assist businesses in securing sources of funding to comply with |
|---|
| 477 | + | 14.30federal, state, and local permitting laws and regulations; |
|---|
| 478 | + | 14Sec. 6. |
|---|
| 479 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 15.1 (11) conducting studies to evaluate the impacts of federal and state permitting laws and |
|---|
| 480 | + | 15.2regulations on the state's economy, local economies, and businesses; |
|---|
| 481 | + | 15.3 (12) coordinating with Minnesota Business First Stop, the ombudsman for small business |
|---|
| 482 | + | 15.4air-quality compliance assistance, and other relevant state officials; and |
|---|
| 483 | + | 15.5 (13) investigating the cause of permit applications being deemed incomplete when the |
|---|
| 484 | + | 15.6ombudsman receives a Pollution Control Agency permitting report under section 116.03, |
|---|
| 485 | + | 15.7subdivision 2b, paragraph (b). |
|---|
| 486 | + | 15.8 (b) In carrying out the duties imposed by this subdivision, the ombudsman may act |
|---|
| 487 | + | 15.9independently of any agency in providing testimony to the legislature, contacting and making |
|---|
| 488 | + | 15.10periodic reports to federal and state officials as necessary to carry out the duties imposed |
|---|
| 489 | + | 15.11by this subdivision, and addressing problems or concerns related to business permitting. |
|---|
| 490 | + | 15.12 (c) The ombudsman must be knowledgeable about federal and state business permitting |
|---|
| 491 | + | 15.13laws and regulations and federal and state legislative and regulatory processes. The |
|---|
| 492 | + | 15.14ombudsman must be experienced in dealing with both private enterprise and governmental |
|---|
| 493 | + | 15.15entities, arbitration and negotiation, interpretation of laws and regulations, investigation, |
|---|
| 494 | + | 15.16record keeping, report writing, public speaking, and management. |
|---|
| 495 | + | 15.17 (d) The commissioner of employment and economic development must provide the |
|---|
| 496 | + | 15.18ombudsman with the necessary office space, supplies, equipment, and clerical support to |
|---|
| 497 | + | 15.19effectively perform the duties imposed by this subdivision. |
|---|
| 498 | + | 15.20Sec. 7. SCOPING ENVIRONMENT AL ASSESSMENT WORKSHEET NOT |
|---|
| 499 | + | 15.21REQUIRED FOR PROJECTS THAT REQUIRE A MANDATORY |
|---|
| 500 | + | 15.22ENVIRONMENT AL IMPACT STATEMENT. |
|---|
| 501 | + | 15.23 (a) The Environmental Quality Board must amend Minnesota Rules, part 4410.2100, as |
|---|
| 502 | + | 15.24follows: |
|---|
| 503 | + | 15.25 (1) to provide that neither an environmental assessment worksheet nor any other scoping |
|---|
| 504 | + | 15.26document needs to be prepared for a project that falls within a mandatory environmental |
|---|
| 505 | + | 15.27impact statement category under Minnesota Rules, part 4410.4400, or other applicable law; |
|---|
| 506 | + | 15.28and |
|---|
| 507 | + | 15.29 (2) to provide that a scoping process undertaken under Minnesota Rules, part 4410.2100, |
|---|
| 508 | + | 15.30must be completed no later than 280 days after the process begins. |
|---|
| 509 | + | 15Sec. 7. |
|---|
| 510 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES 16.1 (b) The board may use the good-cause exemption under Minnesota Statutes, section |
|---|
| 511 | + | 16.214.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes, |
|---|
| 512 | + | 16.3section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388. |
|---|
| 513 | + | 16.4 Sec. 8. STATE IMPLEMENTATION PLAN REVISIONS. |
|---|
| 514 | + | 16.5 (a) The commissioner of the Pollution Control Agency must seek approval from the |
|---|
| 515 | + | 16.6federal Environmental Protection Agency for revisions to the state's federal Clean Air Act |
|---|
| 516 | + | 16.7state implementation plan to reflect the requirements of Minnesota Statutes, section 116.07, |
|---|
| 517 | + | 16.8subdivision 4a, as amended by this act. |
|---|
| 518 | + | 16.9 (b) The commissioner of the Pollution Control Agency must report quarterly to the chairs |
|---|
| 519 | + | 16.10and ranking minority members of the house of representatives and senate committees and |
|---|
| 520 | + | 16.11divisions with jurisdiction over environment and natural resources policy on the status of |
|---|
| 521 | + | 16.12efforts to implement paragraph (a) until the revisions required by paragraph (a) have been |
|---|
| 522 | + | 16.13either approved or denied. |
|---|
| 523 | + | 16.14Sec. 9. INTENT. |
|---|
| 524 | + | 16.15 The legislature recognizes the need to retain and grow the state's economy and vital |
|---|
| 525 | + | 16.16infrastructure to keep Minnesota competitive on a national and global level. This growth |
|---|
| 526 | + | 16.17requires innovation and creativity, which will be achieved while protecting our environment |
|---|
| 527 | + | 16.18and natural resources as prescribed under current law. It is therefore the intent of the |
|---|
| 528 | + | 16.19legislature in enacting this bill that the state will meet or exceed efficiency goals, modernize |
|---|
| 529 | + | 16.20existing regulatory systems, and communicate clearly to permit applicants and stakeholders |
|---|
| 530 | + | 16.21to ensure a predictable, transparent, and fair permitting and environmental review process. |
|---|
| 531 | + | 16Sec. 9. |
|---|
| 532 | + | 25-02200 as introduced01/15/25 REVISOR CKM/ES |
|---|