scs4784a23

1.1Senator Mathews moved to amend S.F. No. 4784 as follows:
1.2Page 34, delete section 1
1.3Page 38, delete section 2 and insert:

1.4    "Section 1. Minnesota Statutes 2022, section 15.99, subdivision 3, is amended to read:
1.5    Subd. 3. Application; extensions. (a) The time limit in subdivision 2 begins upon the
1.6agency's receipt of a written request containing all information required by law or by a
1.7previously adopted rule, ordinance, or policy of the agency, including the applicable
1.8application fee. If an agency receives a written request that does not contain all required
1.9information, the 60-day limit starts over only if the agency sends written notice within 15
1.10business days of receipt of the request telling the requester what information is missing.
1.11    (b) If a request relating to zoning, septic systems, watershed district review, soil and
1.12water conservation district review, or expansion of the metropolitan urban service area
1.13requires the approval of more than one state agency in the executive branch, the 60-day
1.14period in subdivision 2 begins to run for all executive branch agencies on the day a request
1.15containing all required information is received by one state agency. The agency receiving
1.16the request must forward copies to other state agencies whose approval is required.
1.17    (c) An agency response, including an approval with conditions, meets the 60-day time
1.18limit if the agency can document that the response was sent within 60 days of receipt of the
1.19written request. Failure to satisfy the conditions, if any, may be a basis to revoke or rescind
1.20the approval by the agency and will not give rise to a claim that the 60-day limit was not
1.21met.
1.22    (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court
1.23order requires a process to occur before the agency acts on the request, and the time periods
1.24prescribed in the state statute, federal law, or court order make it impossible to act on the
1.25request within 60 days. In cases described in this paragraph, the deadline is extended to 60
1.26days after completion of the last process required in the applicable statute, law, or order.
1.27Final approval of an agency receiving a request is not considered a process for purposes of
1.28this paragraph.
1.29    (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state agency
1.30requires prior approval of a federal agency; or (2) an application submitted to a city, county,
1.31town, school district, metropolitan or regional entity, or other political subdivision requires
1.32prior approval of a state or federal agency. In cases described in this paragraph, the deadline
1.33for agency action is extended to 60 days after the required prior approval is granted.
2.1    (f) An agency may extend the time limit in subdivision 2 before the end of the initial
2.260-day period by providing written notice of the extension to the applicant. The notification
2.3must state the reasons for the extension and its anticipated length, which may not exceed
2.460 days unless approved by the applicant. There may be no more than one extension under
2.5this paragraph of any determination under sections 103G.221 to 103G.2375.
2.6    (g) An applicant may by written notice to the agency request an extension of the time
2.7limit under this section.

2.8    Sec. 2. [84.0265] ENVIRONMENTAL REVIEW AND PERMITTING;
2.9COORDINATED PROJECT PLANS.
2.10    Subdivision 1. Definitions. In this section, the following terms have the meanings given:
2.11(1) "commissioner" means the commissioner of natural resources;
2.12(2) "coordinated project plan" or "plan" means a plan to ensure that any required
2.13environmental review and other required state agency actions are completed efficiently by
2.14coordinating and establishing deadlines for all necessary state agency actions;
2.15(3) "eligible project" means:
2.16(i) a project that requires an environmental assessment worksheet or an environmental
2.17impact statement under chapter 116D; or
2.18(ii) a license, permit, certificate, certification, approval, compliance schedule, or other
2.19authorization for which approval includes considerations to protect land, air, or water
2.20resources and that:
2.21(A) must be obtained from the commissioner before constructing or operating a facility
2.22in the state; or
2.23(B) will have a significant impact on regulatory requirements for constructing or operating
2.24a facility; and
2.25(4) "state agency" means an office, board, commission, authority, department, or other
2.26agency of the executive branch of state government.
2.27    Subd. 2. State policy. It is the goal of the state to maximize the coordination,
2.28effectiveness, transparency, and accountability of environmental review, environmental
2.29permitting, and other critical regulatory actions for facilities in Minnesota.
2.30    Subd. 3. Early communication; identifying issues. (a) To the extent practicable, the
2.31commissioner must establish and provide an expeditious process for a person requesting or
3.1planning to request a coordinated project plan to confer with the commissioner, other state
3.2agencies, and federal, Tribal, and local agencies and to obtain from those agencies
3.3information about:
3.4(1) the availability of any information and tools, including preapplication toolkits, to
3.5facilitate early planning efforts;
3.6(2) key issues of concern to each agency and to the public; and
3.7(3) issues that must be addressed before an environmental review, permit action, or other
3.8required action by a state agency can be completed.
3.9(b) The commissioner and other state agencies must identify, as early as practicable,
3.10any issues of concern regarding the potential environmental impacts related to an eligible
3.11project, including any issues that could substantially delay or prevent a state agency from
3.12completing agency decisions.
3.13    Subd. 4. Plan preparation; participating agencies. (a) A person who submits an
3.14application for an eligible project to the commissioner may request that the commissioner
3.15prepare a coordinated project plan to complete any required environmental review and other
3.16agency actions for the eligible project. A plan may be incorporated into a memorandum of
3.17understanding with other state and federal agencies and Tribes.
3.18(b) Within 60 days of receiving a request under paragraph (a), the commissioner must
3.19prepare a coordinated project plan in consultation with the requestor and other state agencies
3.20identified under paragraph (c).
3.21(c) Any state agency that has environmental review, permitting, or other regulatory
3.22authority over the eligible project or that intends to comment on environmental review or
3.23an application for the eligible project must participate in developing a coordinated project
3.24plan.
3.25    Subd. 5. Plan contents; synchronization; updates. (a) A coordinated project plan must
3.26include:
3.27(1) a list of all state agencies with environmental review, permitting, or other regulatory
3.28authority over the eligible project and an explanation of each agency's specific role and
3.29responsibilities for actions under the coordinated project plan;
3.30(2) plans and a schedule for any public and Tribal outreach and coordination; and
3.31(3) a comprehensive schedule of deadlines by which all environmental reviews, permits,
3.32and other state agency actions, including those at the federal level to the extent practicable,
4.1must be completed. The deadlines established under this clause must include intermediate
4.2and final completion deadlines for actions by each state agency and must be consistent with
4.3subdivision 6.
4.4(b) To the extent practicable under applicable law, the commissioner and participating
4.5state agencies must synchronize state environmental review, permitting, and decision
4.6processes listed in the coordinated project plan with any federal, local, or Tribal agency
4.7responsible for conducting a review or authorization related to an eligible project to ensure
4.8timely and efficient completion of environmental reviews and state agency decisions. To
4.9the extent practicable, any synchronization plan must be included in a memorandum of
4.10understanding with affected agencies.
4.11(c) The commissioner must update a coordinated project plan quarterly.
4.12    Subd. 6. Required deadlines. (a) Deadlines established in a coordinated project plan
4.13must comply with this subdivision.
4.14(b) When an environmental assessment worksheet is prepared for an eligible project for
4.15which an environmental impact statement is not mandatory under Minnesota Rules, chapter
4.164410, the decision on the need for an environmental impact statement must be made as
4.17expeditiously as possible but no later than 18 months after the environmental assessment
4.18worksheet is submitted.
4.19(c) When an environmental impact statement is prepared for an eligible project, the
4.20decision on the adequacy of the final environmental impact statement must be made as
4.21expeditiously as possible but no later than three years after the data for the environmental
4.22assessment worksheet is submitted.
4.23(d) If the commissioner includes plan deadlines that are inconsistent with paragraphs
4.24(b) and (c), then within 30 days of finalizing the plan, the commissioner must report to the
4.25chairs and ranking minority members of the legislative committees and divisions with
4.26jurisdiction over natural resources policy to explain how deadlines were established and
4.27why the deadlines under paragraphs (b) and (c) are not attainable. The anticipated time
4.28required to obtain a federal permit or decision may not serve as the sole basis for a decision
4.29to deviate from the deadlines under paragraphs (b) and (c).
4.30    Subd. 7. Deadline compliance; modification. (a) A state agency that participates in
4.31developing a coordinated project plan must comply with deadlines established in the plan.
4.32If a participating state agency fails to meet a deadline established in a coordinated project
4.33plan or anticipates failing to meet a deadline, the state agency must immediately notify the
5.1commissioner to explain the reason for the failure or anticipated failure and to propose a
5.2date for a modified deadline.
5.3(b) The commissioner may modify a deadline established in a coordinated project plan
5.4only if:
5.5(1) the commissioner or state agency provides the person that requested the plan with a
5.6written justification for the modification; and
5.7(2) the commissioner and the state agency, after consultation with the person that
5.8requested the plan, mutually agree on a different deadline.
5.9(c) If the combined modifications to one or more deadlines established in a coordinated
5.10project plan extend the initially anticipated final decision date for an eligible project
5.11application by more than 20 percent, then within 30 days of the last modification, the
5.12commissioner must report to the chairs and ranking minority members of the legislative
5.13committees and divisions with jurisdiction over natural resources policy to explain the
5.14reason the modifications are necessary. For purposes of calculating the percentage of time
5.15that modifications have extended the anticipated final decision date, modifications made
5.16necessary by reasons wholly outside the control of state agencies must not be considered.
5.17    Subd. 8. Annual report. The commissioner must annually submit to the chairs and
5.18ranking minority members of the legislative committees and divisions with jurisdiction over
5.19natural resources policy a report on progress toward required actions described in a
5.20coordinated project plan until the required actions are completed or the requestor withdraws
5.21the plan request.
5.22    Subd. 9. Relation to other law. Nothing in this section is to be construed to require an
5.23act that conflicts with applicable federal law. Nothing in this section affects the specific
5.24statutory obligations of a state agency to comply with criteria or standards of environmental
5.25quality.

5.26    Sec. 3. Minnesota Statutes 2022, section 116.03, subdivision 2b, is amended to read:
5.27    Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and
5.28resource management permits be issued or denied within 90 days for tier 1 permits or 150
5.29days for tier 2 permits following submission of a permit application. The commissioner of
5.30the Pollution Control Agency ~~shall~~ must establish management systems designed to achieve
5.31the goal. For the purposes of this section, "tier 1 permits" are permits that do not require
5.32individualized actions or public comment periods, and "tier 2 permits" are permits that
5.33require individualized actions or public comment periods.
6.1(b) The commissioner ~~shall~~ must prepare ~~an annual~~ semiannual permitting efficiency
6.2~~report~~ reports that ~~includes~~ include statistics on meeting the tier 2 goal in paragraph (a) and
6.3the criteria for tier 2 by permit categories. The ~~report is due~~ reports must be submitted to
6.4the governor and to the chairs and ranking minority members of the house of representatives
6.5and senate committees having jurisdiction over environment policy and finance by February
6.61 and August 1 each year and must be posted on the agency's website. Each report must
6.7include:
6.8(1) for each permit ~~applications~~ application that ~~have~~ has not met the goal, ~~the report~~
6.9~~must state the reasons for not meeting the goal. In stating the reasons for not meeting the~~
6.10~~goal, the commissioner shall separately identify delays~~ an explanation of whether the delay
6.11was caused by the responsiveness of the proposer, ~~lack of staff,~~ scientific or technical
6.12disagreements, or the level of public engagement~~. The report must specify~~;
6.13(2) for each permit that has not met the goal, the number of days from initial submission
6.14of the application to the day of determination that the application is complete~~. The report~~
6.15~~must aggregate~~;
6.16(3) a summary of the data for the ~~year~~ reporting period and ~~assess~~ an assessment of
6.17whether program or system changes are necessary to achieve the tier 2 goal~~. The report~~
6.18~~must be posted on the agency's website and submitted to the governor and the chairs and~~
6.19~~ranking minority members of the house of representatives and senate committees having~~
6.20~~jurisdiction over environment policy and finance.~~ in paragraph (a); and
6.21(4) a statement of the number of tier 2 permits completed within the reporting period
6.22and, immediately following in parentheses, a statement of the percentage of total applications
6.23received for that tier 2 permit category that the number represents, stated separately for
6.24industrial and municipal permits.
6.25(c) The commissioner ~~shall~~ must allow electronic submission of environmental review
6.26and permit documents to the agency.
6.27(d) Within 30 business days of application for a permit subject to paragraph (a), the
6.28commissioner of the Pollution Control Agency ~~shall~~ must notify the permit applicant, in
6.29writing, whether the application is complete or incomplete. If an application is missing
6.30information, the commissioner must attempt to complete the application where practicable
6.31by applying reasonable assumptions to supply the missing information and must include
6.32that information in the application. If the commissioner determines that an application is
6.33incomplete, the notice to the applicant must enumerate all deficiencies, citing specific
6.34provisions of the applicable rules and statutes, and advise the applicant on how the
7.1deficiencies can be remedied. Submission by the applicant of additional information to
7.2correct deficiencies does not restart the 30 business days allowed under this paragraph for
7.3the agency to determine whether the application is complete or incomplete unless the
7.4corrected application is more than 30 percent larger than the deficient application. If the
7.5commissioner determines that the application is complete, the notice must confirm the
7.6application's tier 1 or tier 2 permit status and must inform the applicant of any missing
7.7information that was supplied by the commissioner under this paragraph. If the commissioner
7.8believes that a complete application for a tier 2 construction permit cannot be issued within
7.9the 150-day goal, the commissioner must provide notice to the applicant with the
7.10commissioner's notice that the application is complete and, upon request of the applicant,
7.11provide the permit applicant with a schedule estimating when the agency will begin drafting
7.12the permit and issue the public notice of the draft permit. Failure to meet the goal in paragraph
7.13(a) for issuing a type 2 permit constitutes a final decision of the agency for purposes of
7.14section 115.05, subdivision 11. This paragraph does not apply to an application for a permit
7.15that is subject to a grant or loan agreement under chapter 446A.
7.16(e) For purposes of this subdivision, "permit professional" means an individual not
7.17employed by the Pollution Control Agency who:
7.18(1) has a professional license issued by the state of Minnesota in the subject area of the
7.19permit;
7.20(2) has at least ten years of experience in the subject area of the permit; and
7.21(3) abides by the duty of candor applicable to employees of the Pollution Control Agency
7.22under agency rules and complies with all applicable requirements under chapter 326.
7.23(f) Upon the agency's request, an applicant relying on a permit professional must
7.24participate in a meeting with the agency before submitting an application:
7.25(1) at least two weeks prior to the preapplication meeting, the applicant must submit at
7.26least the following:
7.27(i) project description, including, but not limited to, scope of work, primary emissions
7.28points, discharge outfalls, and water intake points;
7.29(ii) location of the project, including county, municipality, and location on the site;
7.30(iii) business schedule for project completion; and
7.31(iv) other information requested by the agency at least four weeks prior to the scheduled
7.32meeting; and
8.1    (2) during the preapplication meeting, the agency ~~shall~~ must provide for the applicant
8.2at least the following:
8.3(i) an overview of the permit review program;
8.4(ii) a determination of which specific application or applications will be necessary to
8.5complete the project;
8.6(iii) a statement notifying the applicant if the specific permit being sought requires a
8.7mandatory public hearing or comment period;
8.8(iv) a review of the timetable established in the permit review program for the specific
8.9permit being sought; and
8.10(v) a determination of what information must be included in the application, including
8.11a description of any required modeling or testing.
8.12(g) The applicant may select a permit professional to undertake the preparation of the
8.13permit application and draft permit.
8.14(h) If a preapplication meeting was held, the agency ~~shall~~ must, within seven business
8.15days of receipt of an application, notify the applicant and submitting permit professional
8.16that the application is complete or is denied, specifying the deficiencies of the application.
8.17(i) Upon receipt of notice that the application is complete, the permit professional ~~shall~~
8.18must submit to the agency a timetable for submitting a draft permit. The permit professional
8.19~~shall~~ must submit a draft permit on or before the date provided in the timetable. Within 60
8.20days after the close of the public comment period, the commissioner ~~shall~~ must notify the
8.21applicant whether the permit can be issued.
8.22(j) Nothing in this section shall be construed to modify:
8.23(1) any requirement of law that is necessary to retain federal delegation to or assumption
8.24by the state; or
8.25(2) the authority to implement a federal law or program.
8.26(k) The permit application and draft permit ~~shall~~ must identify or include as an appendix
8.27all studies and other sources of information used to substantiate the analysis contained in
8.28the permit application and draft permit. The commissioner ~~shall~~ must request additional
8.29studies, if needed, and the permit applicant ~~shall~~ must submit all additional studies and
8.30information necessary for the commissioner to perform the commissioner's responsibility
8.31to review, modify, and determine the completeness of the application and approve the draft
8.32permit.

9.1    Sec. 4. [116.035] ENVIRONMENTAL REVIEW AND PERMITTING;
9.2COORDINATED PROJECT PLANS.
9.3    Subdivision 1. Definitions. In this section, the following terms have the meanings given:
9.4(1) "commissioner" means the commissioner of the Pollution Control Agency;
9.5(2) "coordinated project plan" or "plan" means a plan to ensure that any required
9.6environmental review and other required state agency actions are completed efficiently by
9.7coordinating and establishing deadlines for all necessary state agency actions;
9.8(3) "eligible project" means:
9.9(i) a project that requires an environmental assessment worksheet or an environmental
9.10impact statement under chapter 116D; or
9.11(ii) a license, permit, certificate, certification, approval, compliance schedule, or other
9.12authorization for which approval includes considerations to protect land, air, or water
9.13resources and that:
9.14(A) must be obtained from the commissioner before constructing or operating a facility
9.15in the state; or
9.16(B) will have a significant impact on regulatory requirements for constructing or operating
9.17a facility; and
9.18(4) "state agency" means an office, board, commission, authority, department, or other
9.19agency of the executive branch of state government.
9.20    Subd. 2. State policy. It is the goal of the state to maximize the coordination,
9.21effectiveness, transparency, and accountability of environmental review, environmental
9.22permitting, and other critical regulatory actions for facilities in Minnesota.
9.23    Subd. 3. Early communication; identifying issues. (a) To the extent practicable, the
9.24commissioner must establish and provide an expeditious process for a person requesting or
9.25planning to request a coordinated project plan to confer with the commissioner, other state
9.26agencies, and federal, Tribal, and local agencies and to obtain from those agencies
9.27information about:
9.28(1) the availability of any information and tools, including preapplication toolkits, to
9.29facilitate early planning efforts;
9.30(2) key issues of concern to each agency and to the public; and
10.1(3) issues that must be addressed before an environmental review, permit action, or other
10.2required action by a state agency can be completed.
10.3(b) The commissioner and other state agencies must identify, as early as practicable,
10.4any issues of concern regarding the potential environmental impacts related to an eligible
10.5project, including any issues that could substantially delay or prevent a state agency from
10.6completing agency decisions.
10.7    Subd. 4. Plan preparation; participating agencies. (a) A person who submits an
10.8application for an eligible project to the commissioner may request that the commissioner
10.9prepare a coordinated project plan to complete any required environmental review and other
10.10agency actions for the eligible project. A plan may be incorporated into a memorandum of
10.11understanding with other state and federal agencies and Tribes.
10.12(b) Within 60 days of receiving a request under paragraph (a), the commissioner must
10.13prepare a coordinated project plan in consultation with the requestor and other state agencies
10.14identified under paragraph (c).
10.15(c) Any state agency that has environmental review, permitting, or other regulatory
10.16authority over the eligible project or that intends to comment on environmental review or
10.17an application for the eligible project must participate in developing a coordinated project
10.18plan.
10.19    Subd. 5. Plan contents; synchronization; updates. (a) A coordinated project plan must
10.20include:
10.21(1) a list of all state agencies with environmental review, permitting, or other regulatory
10.22authority over the eligible project and an explanation of each agency's specific role and
10.23responsibilities for actions under the coordinated project plan;
10.24(2) plans and a schedule for any public and Tribal outreach and coordination; and
10.25(3) a comprehensive schedule of deadlines by which all environmental reviews, permits,
10.26and other state agency actions, including those at the federal level to the extent practicable,
10.27must be completed. The deadlines established under this clause must include intermediate
10.28and final completion deadlines for actions by each state agency and must be consistent with
10.29subdivision 6.
10.30(b) To the extent practicable under applicable law, the commissioner and participating
10.31state agencies must synchronize state environmental review, permitting, and decision
10.32processes listed in the coordinated project plan with any federal, local, or Tribal agency
10.33responsible for conducting a review or authorization related to an eligible project to ensure
11.1timely and efficient completion of environmental reviews and state agency decisions. To
11.2the extent practicable, any synchronization plan must be included in a memorandum of
11.3understanding with affected agencies.
11.4(c) The commissioner must update a coordinated project plan quarterly.
11.5    Subd. 6. Required deadlines. (a) Deadlines established in a coordinated project plan
11.6must comply with this subdivision.
11.7(b) When an environmental assessment worksheet is prepared for an eligible project for
11.8which an environmental impact statement is not mandatory under Minnesota Rules, chapter
11.94410, the decision on the need for an environmental impact statement must be made as
11.10expeditiously as possible but no later than 18 months after the environmental assessment
11.11worksheet is submitted.
11.12(c) When an environmental impact statement is prepared for an eligible project, the
11.13decision on the adequacy of the final environmental impact statement must be made as
11.14expeditiously as possible but no later than three years after the data for the environmental
11.15assessment worksheet is submitted.
11.16(d) If the commissioner includes plan deadlines that are inconsistent with paragraphs
11.17(b) and (c), then within 30 days of finalizing the plan, the commissioner must report to the
11.18chairs and ranking minority members of the legislative committees and divisions with
11.19jurisdiction over natural resources policy to explain how deadlines were established and
11.20why the deadlines under paragraphs (b) and (c) are not attainable. The anticipated time
11.21required to obtain a federal permit or decision may not serve as the sole basis for a decision
11.22to deviate from the deadlines under paragraphs (b) and (c).
11.23    Subd. 7. Deadline compliance; modification. (a) A state agency that participates in
11.24developing a coordinated project plan must comply with deadlines established in the plan.
11.25If a participating state agency fails to meet a deadline established in a coordinated project
11.26plan or anticipates failing to meet a deadline, the state agency must immediately notify the
11.27commissioner to explain the reason for the failure or anticipated failure and to propose a
11.28date for a modified deadline.
11.29(b) The commissioner may modify a deadline established in a coordinated project plan
11.30only if:
11.31(1) the commissioner or state agency provides the person that requested the plan with a
11.32written justification for the modification; and
12.1(2) the commissioner and the state agency, after consultation with the person that
12.2requested the plan, mutually agree on a different deadline.
12.3(c) If the combined modifications to one or more deadlines established in a coordinated
12.4project plan extend the initially anticipated final decision date for an eligible project
12.5application by more than 20 percent, then within 30 days of the last modification, the
12.6commissioner must report to the chairs and ranking minority members of the legislative
12.7committees and divisions with jurisdiction over natural resources policy to explain the
12.8reason the modifications are necessary. For purposes of calculating the percentage of time
12.9that modifications have extended the anticipated final decision date, modifications made
12.10necessary by reasons wholly outside the control of state agencies must not be considered.
12.11    Subd. 8. Annual report. The commissioner must annually submit to the chairs and
12.12ranking minority members of the legislative committees and divisions with jurisdiction over
12.13natural resources policy a report on progress toward required actions described in a
12.14coordinated project plan until the required actions are completed or the requestor withdraws
12.15the plan request.
12.16    Subd. 9. Relation to other law. Nothing in this section is to be construed to require an
12.17act that conflicts with applicable federal law. Nothing in this section affects the specific
12.18statutory obligations of a state agency to comply with criteria or standards of environmental
12.19quality.

12.20    Sec. 5. Minnesota Statutes 2023 Supplement, section 116.07, subdivision 4a, is amended
12.21to read:
12.22    Subd. 4a. Permits. (a) The Pollution Control Agency may issue, continue in effect or
12.23deny permits, under such conditions as it may prescribe for the prevention of pollution, for
12.24the emission of air contaminants, or for the installation or operation of any emission facility,
12.25air contaminant treatment facility, treatment facility, potential air contaminant storage
12.26facility, or storage facility, or any part thereof, or for the sources or emissions of noise
12.27pollution. The Pollution Control Agency must issue separate permits for constructing a
12.28facility described in this paragraph and for its operation. The Pollution Control Agency
12.29must issue these permits in a manner that minimizes the time required to construct and begin
12.30operation of the permitted facility.
12.31    (b) The Pollution Control Agency may also issue, continue in effect or deny permits,
12.32under such conditions as it may prescribe for the prevention of pollution, for the storage,
12.33collection, transportation, processing, or disposal of waste, or for the installation or operation
13.1of any system or facility, or any part thereof, related to the storage, collection, transportation,
13.2processing, or disposal of waste.
13.3    (c) The agency may not issue a permit to a facility without analyzing and considering
13.4the cumulative levels and effects of past and current environmental pollution from all sources
13.5on the environment and residents of the geographic area within which the facility's emissions
13.6are likely to be deposited, provided that the facility is located in a community in a city of
13.7the first class in Hennepin County that meets all of the following conditions:
13.8    (1) is within a half mile of a site designated by the federal government as an EPA
13.9superfund site due to residential arsenic contamination;
13.10    (2) a majority of the population are low-income persons of color and American Indians;
13.11    (3) a disproportionate percent of the children have childhood lead poisoning, asthma,
13.12or other environmentally related health problems;
13.13    (4) is located in a city that has experienced numerous air quality alert days of dangerous
13.14air quality for sensitive populations between February 2007 and February 2008; and
13.15    (5) is located near the junctions of several heavily trafficked state and county highways
13.16and two one-way streets which carry both truck and auto traffic.
13.17    (d) The Pollution Control Agency may revoke or modify any permit issued under this
13.18subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to
13.19prevent or abate pollution.
13.20    (e) The Pollution Control Agency has the authority for approval over the siting, expansion,
13.21or operation of a solid waste facility with regard to environmental issues. However, the
13.22agency's issuance of a permit does not release the permittee from any liability, penalty, or
13.23duty imposed by any applicable county ordinances. Nothing in this chapter precludes, or
13.24shall be construed to preclude, a county from enforcing land use controls, regulations, and
13.25ordinances existing at the time of the permit application and adopted pursuant to Minnesota
13.26Statutes 2020, sections 366.10 to 366.181, or sections 394.21 to 394.37, or 462.351 to
13.27462.365, with regard to the siting, expansion, or operation of a solid waste facility.
13.28(f) Except as prohibited by federal law, a person may commence construction,
13.29reconstruction, replacement, or modification of any facility prior to the issuance of a
13.30construction permit by the agency.

14.1    Sec. 6. Minnesota Statutes 2022, section 116.07, subdivision 4d, is amended to read:
14.2    Subd. 4d. Permit fees. (a) The agency may collect permit fees in amounts not greater
14.3than those necessary to cover the reasonable costs of developing, reviewing, and acting
14.4upon applications for agency permits and implementing and enforcing the conditions of the
14.5permits pursuant to agency rules. Permit fees shall not include the costs of litigation. The
14.6fee schedule must reflect reasonable and routine direct and indirect costs associated with
14.7permitting, implementation, and enforcement. The agency may impose an additional
14.8enforcement fee to be collected for a period of up to two years to cover the reasonable costs
14.9of implementing and enforcing the conditions of a permit under the rules of the agency.
14.10Any money collected under this paragraph shall be deposited in the environmental fund.
14.11(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the owner
14.12or operator of all stationary sources, emission facilities, emissions units, air contaminant
14.13treatment facilities, treatment facilities, potential air contaminant storage facilities, or storage
14.14facilities subject to a notification, permit, or license requirement under this chapter,
14.15subchapters I and V of the federal Clean Air Act, United States Code, title 42, section 7401
14.16et seq., or rules adopted thereunder. The annual fee shall be used to pay for all direct and
14.17indirect reasonable costs, including legal costs, required to develop and administer the
14.18notification, permit, or license program requirements of this chapter, subchapters I and V
14.19of the federal Clean Air Act, United States Code, title 42, section 7401 et seq., or rules
14.20adopted thereunder. Those costs include the reasonable costs of reviewing and acting upon
14.21an application for a permit; implementing and enforcing statutes, rules, and the terms and
14.22conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally
14.23applicable regulations; responding to federal guidance; modeling, analyses, and
14.24demonstrations; preparing inventories and tracking emissions; and providing information
14.25to the public about these activities.
14.26(c) The agency shall set fees that:
14.27(1) will result in the collection, in the aggregate, from the sources listed in paragraph
14.28(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
14.29regulated under United States Code, title 42, section 7411 or 7412 (section 111 or 112 of
14.30the federal Clean Air Act); and each pollutant, except carbon monoxide, for which a national
14.31primary ambient air quality standard has been promulgated;
14.32(2) may result in the collection, in the aggregate, from the sources listed in paragraph
14.33(b), of an amount not less than $25 per ton of each pollutant not listed in clause (1) that is
14.34regulated under this chapter or air quality rules adopted under this chapter; and
15.1(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the amount
15.2needed to match grant funds received by the state under United States Code, title 42, section
15.37405 (section 105 of the federal Clean Air Act).
15.4The agency must not include in the calculation of the aggregate amount to be collected
15.5under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air pollutant
15.6from a source. The increase in air permit fees to match federal grant funds shall be a surcharge
15.7on existing fees. The commissioner may not collect the surcharge after the grant funds
15.8become unavailable. In addition, the commissioner shall use nonfee funds to the extent
15.9practical to match the grant funds so that the fee surcharge is minimized.
15.10(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
15.11in the rules promulgated under paragraph (c) for an increase in the fee collected in each
15.12year by the percentage, if any, by which the Consumer Price Index for the most recent
15.13calendar year ending before the beginning of the year the fee is collected exceeds the
15.14Consumer Price Index for the calendar year 1989. For purposes of this paragraph the
15.15Consumer Price Index for any calendar year is the average of the Consumer Price Index for
15.16all-urban consumers published by the United States Department of Labor, as of the close
15.17of the 12-month period ending on August 31 of each calendar year. The revision of the
15.18Consumer Price Index that is most consistent with the Consumer Price Index for calendar
15.19year 1989 shall be used.
15.20(e) Any money collected under paragraphs (b) to (d) must be deposited in the
15.21environmental fund and must be used solely for the activities listed in paragraph (b).
15.22(f) Permit applicants who wish to construct, reconstruct, or modify a project may ~~offer~~
15.23request expedited permitting under this paragraph. An applicant requesting expedited
15.24permitting under this paragraph must agree to reimburse the agency for the costs of staff
15.25time or consultant services needed to expedite the preapplication process and permit
15.26development process through the final decision on the permit, including the analysis of
15.27environmental review documents. The reimbursement ~~shall be~~ is in addition to permit
15.28application fees imposed by law. ~~When the agency determines that it needs additional~~
15.29~~resources to develop the permit application in an expedited manner, and that expediting the~~
15.30~~development is consistent with permitting program priorities, the agency may accept the~~
15.31~~reimbursement.~~ The commissioner must give the applicant an estimate of the timeline and
15.32costs to be incurred by the commissioner. The estimate must include a brief description of
15.33the tasks to be performed, a schedule for completing the tasks, and the estimated cost for
15.34each task. If the applicant agrees to the estimated timeline and costs negotiated with the
15.35commissioner, the applicant and the commissioner must enter into a written agreement
16.1~~detailing the estimated costs for the expedited permit decision-making process to be incurred~~
16.2~~by the agency~~ to proceed accordingly. The agreement must ~~also~~ identify staff anticipated
16.3to be assigned to the project. The agreement may provide that, if permitting is completed
16.4ahead of the schedule set forth in the written agreement, the commissioner may retain any
16.5fees that would have been due if the permitting had taken the time contemplated in the
16.6written agreement. Fees retained by the commissioner under this paragraph are appropriated
16.7to the commissioner to pay for administering the commissioner's permitting duties. The
16.8commissioner must not issue a permit until the applicant has paid all fees in full. The
16.9commissioner must refund any unobligated balance of fees paid. Reimbursements accepted
16.10by the agency are appropriated to the agency for the purpose of developing the permit or
16.11analyzing environmental review documents. Reimbursement by a permit applicant shall
16.12precede and not be contingent upon issuance of a permit; shall not affect the agency's decision
16.13on whether to issue or deny a permit, what conditions are included in a permit, or the
16.14application of state and federal statutes and rules governing permit determinations; and shall
16.15not affect final decisions regarding environmental review.
16.16(g) The fees under this subdivision are exempt from section 16A.1285.

16.17    Sec. 7. Minnesota Statutes 2022, section 116D.04, subdivision 2a, is amended to read:
16.18    Subd. 2a. When prepared. (a) Where there is potential for significant environmental
16.19effects resulting from any major governmental action, the action must be preceded by a
16.20detailed environmental impact statement prepared by the responsible governmental unit.
16.21The environmental impact statement must be an analytical rather than an encyclopedic
16.22document that describes the proposed action in detail, analyzes its significant environmental
16.23impacts, discusses appropriate alternatives to the proposed action and their impacts, and
16.24explores methods by which adverse environmental impacts of an action could be mitigated.
16.25The environmental impact statement must also analyze those economic, employment, and
16.26sociological effects that cannot be avoided should the action be implemented. To ensure its
16.27use in the decision-making process, the environmental impact statement must be prepared
16.28as early as practical in the formulation of an action.
16.29    (b) The board ~~shall~~ must by rule establish categories of actions for which environmental
16.30impact statements and for which environmental assessment worksheets must be prepared
16.31as well as categories of actions for which no environmental review is required under this
16.32section. A mandatory environmental assessment worksheet is not required for the expansion
16.33of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the
16.34conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol
17.1facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded
17.2or converted facility to produce alcohol fuel, but must be required if the ethanol plant or
17.3biobutanol facility meets or exceeds thresholds of other categories of actions for which
17.4environmental assessment worksheets must be prepared. The responsible governmental unit
17.5for an ethanol plant or biobutanol facility project for which an environmental assessment
17.6worksheet is prepared is the state agency with the greatest responsibility for supervising or
17.7approving the project as a whole.
17.8(c) A mandatory environmental impact statement is not required for a facility or plant
17.9located outside the seven-county metropolitan area that produces less than 125,000,000
17.10gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than 400,000
17.11tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined in section
17.1241A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section 41A.15,
17.13subdivision 2d; or a cellulosic biofuel facility. A facility or plant that only uses a cellulosic
17.14feedstock to produce chemical products for use by another facility as a feedstock is not
17.15considered a fuel conversion facility as used in rules adopted under this chapter.
17.16    (d) The responsible governmental unit ~~shall~~ must promptly publish notice of the
17.17completion of an environmental assessment worksheet by publishing the notice in at least
17.18one newspaper of general circulation in the geographic area where the project is proposed,
17.19by posting the notice on a website that has been designated as the official publication site
17.20for publication of proceedings, public notices, and summaries of a political subdivision in
17.21which the project is proposed, or in any other manner determined by the board and ~~shall~~
17.22must provide copies of the environmental assessment worksheet to the board and its member
17.23agencies. Comments on the need for an environmental impact statement may be submitted
17.24to the responsible governmental unit during a 30-day period following publication of the
17.25notice that an environmental assessment worksheet has been completed. The responsible
17.26governmental unit may extend the 30-day comment period for an additional 30 days one
17.27time. Further extensions of the comment period may not be made unless approved by the
17.28project's proposer. The responsible governmental unit's decision on the need for an
17.29environmental impact statement must be based on the environmental assessment worksheet
17.30and the comments received during the comment period, and must be made within 15 days
17.31after the close of the comment period. The board's chair may extend the 15-day period by
17.32not more than 15 additional days upon the request of the responsible governmental unit.
17.33    (e) An environmental assessment worksheet must also be prepared for a proposed action
17.34whenever material evidence accompanying a petition by not less than 100 individuals who
17.35reside or own property in ~~the state~~ a county where the proposed action will be undertaken
18.1or in one or more adjoining counties, submitted before the proposed project has received
18.2final approval by the appropriate governmental units, demonstrates that, because of the
18.3nature or location of a proposed action, there may be potential for significant environmental
18.4effects. Petitions requesting the preparation of an environmental assessment worksheet must
18.5be submitted to the board. The chair of the board ~~shall~~ must determine the appropriate
18.6responsible governmental unit and forward the petition to it. A decision on the need for an
18.7environmental assessment worksheet must be made by the responsible governmental unit
18.8within 15 days after the petition is received by the responsible governmental unit. The
18.9board's chair may extend the 15-day period by not more than 15 additional days upon request
18.10of the responsible governmental unit.
18.11    (f) Except in an environmentally sensitive location where Minnesota Rules, part
18.124410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
18.13review under this chapter and rules of the board, if:
18.14    (1) the proposed action is:
18.15    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
18.16    (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
18.17of less than 1,000 animal units;
18.18    (2) the application for the animal feedlot facility includes a written commitment by the
18.19proposer to design, construct, and operate the facility in full compliance with Pollution
18.20Control Agency feedlot rules; and
18.21    (3) the county board holds a public meeting for citizen input at least ten business days
18.22before the Pollution Control Agency or county issuing a feedlot permit for the animal feedlot
18.23facility unless another public meeting for citizen input has been held with regard to the
18.24feedlot facility to be permitted. The exemption in this paragraph is in addition to other
18.25exemptions provided under other law and rules of the board.
18.26    (g) The board may, before final approval of a proposed project, require preparation of
18.27an environmental assessment worksheet by a responsible governmental unit selected by the
18.28board for any action where environmental review under this section has not been specifically
18.29provided for by rule or otherwise initiated.
18.30    (h) An early and open process must be used to limit the scope of the environmental
18.31impact statement to a discussion of those impacts that, because of the nature or location of
18.32the project, have the potential for significant environmental effects. The same process must
18.33be used to determine the form, content, and level of detail of the statement as well as the
19.1alternatives that are appropriate for consideration in the statement. In addition, the permits
19.2that will be required for the proposed action must be identified during the scoping process.
19.3Further, the process must identify those permits for which information will be developed
19.4concurrently with the environmental impact statement. The board ~~shall~~ must provide in its
19.5rules for the expeditious completion of the scoping process. The determinations reached in
19.6the process must be incorporated into the order requiring the preparation of an environmental
19.7impact statement.
19.8    (i) The responsible governmental unit ~~shall~~ must, to the extent practicable, avoid
19.9duplication and ensure coordination between state and federal environmental review and
19.10between environmental review and environmental permitting. Whenever practical,
19.11information needed by a governmental unit for making final decisions on permits or other
19.12actions required for a proposed project must be developed in conjunction with the preparation
19.13of an environmental impact statement. When an environmental impact statement is prepared
19.14for a project requiring multiple permits for which two or more agencies' decision processes
19.15include either mandatory or discretionary hearings before a hearing officer before the
19.16agencies' decision on the permit, the agencies may, notwithstanding any law or rule to the
19.17contrary, conduct the hearings in a single consolidated hearing process if requested by the
19.18proposer. All agencies having jurisdiction over a permit that is included in the consolidated
19.19hearing ~~shall~~ must participate. The responsible governmental unit ~~shall~~ must establish
19.20appropriate procedures for the consolidated hearing process, including procedures to ensure
19.21that the consolidated hearing process is consistent with the applicable requirements for each
19.22permit regarding the rights and duties of parties to the hearing, and ~~shall~~ must use the earliest
19.23applicable hearing procedure to initiate the hearing. All agencies having jurisdiction over
19.24a permit identified in the draft environmental assessment worksheet scoping document must
19.25begin reviewing any permit application upon publication of the notice of preparation of the
19.26environmental impact statement.
19.27    (j) An environmental impact statement must be prepared and its adequacy determined
19.28within 280 days after notice of its preparation unless the time is extended by consent of the
19.29parties or by the governor for good cause. The responsible governmental unit ~~shall~~ must
19.30determine the adequacy of an environmental impact statement, unless within 60 days after
19.31notice is published that an environmental impact statement will be prepared, the board
19.32chooses to determine the adequacy of an environmental impact statement. If an environmental
19.33impact statement is found to be inadequate, the responsible governmental unit has 60 days
19.34to prepare an adequate environmental impact statement.
20.1    (k) The proposer of a specific action may include in the information submitted to the
20.2responsible governmental unit a preliminary draft environmental impact statement under
20.3this section on that action for review, modification, and determination of completeness and
20.4adequacy by the responsible governmental unit. A preliminary draft environmental impact
20.5statement prepared by the project proposer and submitted to the responsible governmental
20.6unit must identify or include as an appendix all studies and other sources of information
20.7used to substantiate the analysis contained in the preliminary draft environmental impact
20.8statement. The responsible governmental unit ~~shall~~ must require additional studies, if needed,
20.9and obtain from the project proposer all additional studies and information necessary for
20.10the responsible governmental unit to perform its responsibility to review, modify, and
20.11determine the completeness and adequacy of the environmental impact statement.
20.12    (l) If an environmental or resource management permit is not issued or denied within
20.13the applicable period described in paragraph (a), the commissioner must immediately begin
20.14review of the application and must take all steps necessary to issue the final permit, deny
20.15the permit, or issue the public notice for the draft permit within 150 days of the expiration
20.16of the applicable period described in paragraph (a). The commissioner may extend the period
20.17for up to 60 days by issuing a written notice to the applicant stating the length of and reason
20.18for the extension. Except as prohibited by federal law, after the applicable period expires,
20.19any person may seek an order of the district court requiring the commissioner to immediately
20.20take action on the permit application. A time limit under this paragraph may be extended
20.21through written agreement between the commissioner and the applicant.

20.22    Sec. 8. Minnesota Statutes 2022, section 116J.035, is amended by adding a subdivision
20.23to read:
20.24    Subd. 9. Ombudsman for business permitting. (a) The commissioner of employment
20.25and economic development must appoint an ombudsman for business permitting to assist
20.26businesses of all sizes with obtaining permits necessary to operate in the state. The
20.27ombudsman's duties include but are not limited to:
20.28(1) conducting independent evaluations of all aspects of permitting processes that affect
20.29businesses in the state;
20.30(2) monitoring, reviewing, and providing comments and recommendations to federal,
20.31state, and local authorities on laws and regulations that impact businesses in the state;
20.32(3) facilitating and promoting participation of businesses in developing laws and
20.33regulations that affect businesses;
21.1(4) providing reports to federal, state, and local authorities and the public on the
21.2requirements of permitting laws and the laws' impact on businesses;
21.3(5) disseminating information about proposed regulations and other information to
21.4businesses and other interested parties;
21.5(6) participating in and sponsoring meetings and conferences about business permitting
21.6with state and local regulatory officials, industry groups, and business representatives;
21.7(7) investigating and assisting in resolving complaints and disputes from businesses
21.8against state or local authorities;
21.9(8) operating a toll-free telephone line to provide free confidential help on
21.10permitting-related problems and grievances;
21.11(9) establishing cooperative programs with trade associations and small businesses to
21.12promote and achieve voluntary compliance with applicable laws and regulations;
21.13(10) establishing cooperative programs with federal, state, and local governmental entities
21.14and the private sector to assist businesses in securing sources of funding to comply with
21.15federal, state, and local permitting laws and regulations;
21.16(11) conducting studies to evaluate the impacts of federal and state permitting laws and
21.17regulations on the state's economy, local economies, and businesses; and
21.18(12) coordinating with Minnesota Business First Stop, the ombudsman for small business
21.19air-quality compliance assistance, and other relevant state officials.
21.20(b) In carrying out the duties imposed by this subdivision, the ombudsman may act
21.21independently of any agency in providing testimony to the legislature, contacting and making
21.22periodic reports to federal and state officials as necessary to carry out the duties imposed
21.23by this subdivision, and addressing problems or concerns related to business permitting.
21.24(c) The ombudsman must be knowledgeable about federal and state business permitting
21.25laws and regulations and federal and state legislative and regulatory processes. The
21.26ombudsman must be experienced in dealing with both private enterprise and governmental
21.27entities, arbitration and negotiation, interpretation of laws and regulations, investigation,
21.28record keeping, report writing, public speaking, and management.
21.29(d) The commissioner of employment and economic development must provide the
21.30ombudsman with the necessary office space, supplies, equipment, and clerical support to
21.31effectively perform the duties imposed by this subdivision.

22.1    Sec. 9. SCOPING ENVIRONMENTAL ASSESSMENT WORKSHEET NOT
22.2REQUIRED FOR PROJECTS THAT REQUIRE A MANDATORY
22.3ENVIRONMENTAL IMPACT STATEMENT.
22.4(a) The Environmental Quality Board must amend Minnesota Rules, part 4410.2100, as
22.5follows:
22.6(1) to provide that neither an environmental assessment worksheet nor any other scoping
22.7document needs to be prepared for a project that falls within a mandatory environmental
22.8impact statement category under Minnesota Rules, part 4410.4400, or other applicable law;
22.9and
22.10(2) to provide that a scoping process undertaken under Minnesota Rules, part 4410.2100,
22.11must be completed no later than 280 days after the process begins.
22.12(b) The board may use the good-cause exemption under Minnesota Statutes, section
22.1314.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota Statutes,
22.14section 14.386, does not apply except as provided under Minnesota Statutes, section 14.388.

22.15    Sec. 10. STATE IMPLEMENTATION PLAN REVISIONS.
22.16(a) The commissioner of the Pollution Control Agency must seek approval from the
22.17federal Environmental Protection Agency for revisions to the state's federal Clean Air Act
22.18state implementation plan to reflect the requirements of Minnesota Statutes, section 116.07,
22.19subdivision 4a, as amended by this act.
22.20(b) The commissioner of the Pollution Control Agency must report quarterly to the chairs
22.21and ranking minority members of the house of representatives and senate committees and
22.22divisions with jurisdiction over environment and natural resources policy on the status of
22.23efforts to implement paragraph (a) until the revisions required by paragraph (a) have been
22.24either approved or denied."
22.25Amend the title accordingly
22.26The motion prevailed. #did not prevail. So the amendment was #not adopted.