1.1Senator Pratt moved to amend
S.F. No. 4784 as follows:
1.2Page 37, after line 31, insert:
1.3 "Sec. 2. Minnesota Statutes 2022, section 116.03, subdivision 2b, is amended to read:
1.4 Subd. 2b.
Permitting efficiency. (a) It is the goal of the state that environmental and
1.5resource management permits be issued or denied within 90 days for tier 1 permits
or 150
1.6days for tier 2 permits following submission of a permit application. The commissioner
of
1.7the Pollution Control Agency
shall must establish management systems designed to achieve
1.8the goal. For the purposes of this section, "tier 1 permits" are permits that do not
require
1.9individualized actions or public comment periods, and "tier 2 permits" are permits
that
1.10require individualized actions or public comment periods.
1.11(b) The commissioner
shall must prepare
an annual semiannual permitting efficiency
1.12report reports that
includes include statistics on meeting the
tier 2 goal in paragraph (a) and
1.13the criteria for tier 2 by permit categories. The
report is due reports must be submitted to
1.14the governor and to the chairs and ranking minority members of the house of representatives
1.15and senate committees having jurisdiction over environment policy and finance by February
1.161 and August 1 each year
and must be posted on the agency's website.
Each report must
1.17include:
1.18(1) for
each permit
applications application that
have has not met the goal,
the report
1.19must state the reasons for not meeting the goal. In stating the reasons for not meeting
the
1.20goal, the commissioner shall separately identify delays an explanation of whether the delay
1.21was caused by the responsiveness of the proposer,
lack of staff, scientific or technical
1.22disagreements, or the level of public engagement
. The report must specify;
1.23(2) for each permit that has not met the goal, the number of days from initial submission
1.24of the application to the day of determination that the application is complete
. The report
1.25must aggregate;
1.26(3) a summary of the data for the
year reporting period and
assess an assessment of
1.27whether program or system changes are necessary to achieve the
tier 2 goal
. The report
1.28must be posted on the agency's website and submitted to the governor and the chairs
and
1.29ranking minority members of the house of representatives and senate committees having
1.30jurisdiction over environment policy and finance. in paragraph (a); and
1.31(4) a statement of the number of tier 2 permits completed within the reporting period
1.32and, immediately following in parentheses, a statement of the percentage of total
applications
2.1received for that tier 2 permit category that the number represents, stated separately
for
2.2industrial and municipal permits.
2.3(c) The commissioner
shall must allow electronic submission of environmental review
2.4and permit documents to the agency.
2.5(d) Within 30 business days of application for a permit subject to paragraph (a),
the
2.6commissioner of the Pollution Control Agency
shall must notify the permit applicant, in
2.7writing, whether the application is complete or incomplete.
If an application is missing
2.8information, the commissioner must attempt to complete the application where practicable
2.9by applying reasonable assumptions to supply the missing information and must include
2.10that information in the application. If the commissioner determines that an application is
2.11incomplete, the notice to the applicant must enumerate all deficiencies, citing specific
2.12provisions of the applicable rules and statutes, and advise the applicant on how the
2.13deficiencies can be remedied.
Submission by the applicant of additional information to
2.14correct deficiencies does not restart the 30 business days allowed under this paragraph
for
2.15the agency to determine whether the application is complete or incomplete unless the
2.16corrected application is more than 30 percent larger than the deficient application. If the
2.17commissioner determines that the application is complete, the notice must confirm
the
2.18application's tier 1 or tier 2 permit status
and must inform the applicant of any missing
2.19information that was supplied by the commissioner under this paragraph. If the commissioner
2.20believes that a complete application for a tier 2 construction permit cannot be issued
within
2.21the 150-day goal, the commissioner must provide notice to the applicant with the
2.22commissioner's notice that the application is complete and, upon request of the applicant,
2.23provide the permit applicant with a schedule estimating when the agency will begin
drafting
2.24the permit and issue the public notice of the draft permit.
Failure to meet the goal in paragraph
2.25(a) for issuing a type 2 permit constitutes a final decision of the agency for purposes
of
2.26section 115.05, subdivision 11. This paragraph does not apply to an application for a permit
2.27that is subject to a grant or loan agreement under chapter 446A.
2.28(e) For purposes of this subdivision, "permit professional" means an individual not
2.29employed by the Pollution Control Agency who:
2.30(1) has a professional license issued by the state of Minnesota in the subject area
of the
2.31permit;
2.32(2) has at least ten years of experience in the subject area of the permit; and
2.33(3) abides by the duty of candor applicable to employees of the Pollution Control
Agency
2.34under agency rules and complies with all applicable requirements under chapter 326.
3.1(f) Upon the agency's request, an applicant relying on a permit professional must
3.2participate in a meeting with the agency before submitting an application:
3.3(1) at least two weeks prior to the preapplication meeting, the applicant must submit
at
3.4least the following:
3.5(i) project description, including, but not limited to, scope of work, primary emissions
3.6points, discharge outfalls, and water intake points;
3.7(ii) location of the project, including county, municipality, and location on the
site;
3.8(iii) business schedule for project completion; and
3.9(iv) other information requested by the agency at least four weeks prior to the scheduled
3.10meeting; and
3.11 (2) during the preapplication meeting, the agency
shall must provide for the applicant
3.12at least the following:
3.13(i) an overview of the permit review program;
3.14(ii) a determination of which specific application or applications will be necessary
to
3.15complete the project;
3.16(iii) a statement notifying the applicant if the specific permit being sought requires
a
3.17mandatory public hearing or comment period;
3.18(iv) a review of the timetable established in the permit review program for the specific
3.19permit being sought; and
3.20(v) a determination of what information must be included in the application, including
3.21a description of any required modeling or testing.
3.22(g) The applicant may select a permit professional to undertake the preparation of
the
3.23permit application and draft permit.
3.24(h) If a preapplication meeting was held, the agency
shall must, within seven business
3.25days of receipt of an application, notify the applicant and submitting permit professional
3.26that the application is complete or is denied, specifying the deficiencies of the
application.
3.27(i) Upon receipt of notice that the application is complete, the permit professional
shall
3.28must submit to the agency a timetable for submitting a draft permit. The permit professional
3.29shall must submit a draft permit on or before the date provided in the timetable. Within 60
3.30days after the close of the public comment period, the commissioner
shall must notify the
3.31applicant whether the permit can be issued.
4.1(j) Nothing in this section shall be construed to modify:
4.2(1) any requirement of law that is necessary to retain federal delegation to or assumption
4.3by the state; or
4.4(2) the authority to implement a federal law or program.
4.5(k) The permit application and draft permit
shall must identify or include as an appendix
4.6all studies and other sources of information used to substantiate the analysis contained
in
4.7the permit application and draft permit. The commissioner
shall must request additional
4.8studies, if needed, and the permit applicant
shall must submit all additional studies and
4.9information necessary for the commissioner to perform the commissioner's responsibility
4.10to review, modify, and determine the completeness of the application and approve the
draft
4.11permit."
4.12Page 41, after line 7, insert:
4.13 "Sec. 4. Minnesota Statutes 2022, section 116D.04, subdivision 2a, is amended to read:
4.14 Subd. 2a.
When prepared. (a) Where there is potential for significant environmental
4.15effects resulting from any major governmental action, the action must be preceded
by a
4.16detailed environmental impact statement prepared by the responsible governmental unit.
4.17The environmental impact statement must be an analytical rather than an encyclopedic
4.18document that describes the proposed action in detail, analyzes its significant environmental
4.19impacts, discusses appropriate alternatives to the proposed action and their impacts,
and
4.20explores methods by which adverse environmental impacts of an action could be mitigated.
4.21The environmental impact statement must also analyze those economic, employment, and
4.22sociological effects that cannot be avoided should the action be implemented. To ensure
its
4.23use in the decision-making process, the environmental impact statement must be prepared
4.24as early as practical in the formulation of an action.
4.25 (b) The board
shall must by rule establish categories of actions for which environmental
4.26impact statements and for which environmental assessment worksheets must be prepared
4.27as well as categories of actions for which no environmental review is required under
this
4.28section. A mandatory environmental assessment worksheet is not required for the expansion
4.29of an ethanol plant, as defined in section
41A.09, subdivision 2a, paragraph (b), or the
4.30conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol
4.31facility as defined in section
41A.15, subdivision 2d, based on the capacity of the expanded
4.32or converted facility to produce alcohol fuel, but must be required if the ethanol
plant or
4.33biobutanol facility meets or exceeds thresholds of other categories of actions for
which
5.1environmental assessment worksheets must be prepared. The responsible governmental
unit
5.2for an ethanol plant or biobutanol facility project for which an environmental assessment
5.3worksheet is prepared is the state agency with the greatest responsibility for supervising
or
5.4approving the project as a whole.
5.5(c) A mandatory environmental impact statement is not required for a facility or plant
5.6located outside the seven-county metropolitan area that produces less than 125,000,000
5.7gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than
400,000
5.8tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined
in section
5.941A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section
41A.15,
5.10subdivision 2d; or a cellulosic biofuel facility. A facility or plant that only uses
a cellulosic
5.11feedstock to produce chemical products for use by another facility as a feedstock
is not
5.12considered a fuel conversion facility as used in rules adopted under this chapter.
5.13 (d) The responsible governmental unit
shall must promptly publish notice of the
5.14completion of an environmental assessment worksheet by publishing the notice in at
least
5.15one newspaper of general circulation in the geographic area where the project is proposed,
5.16by posting the notice on a website that has been designated as the official publication
site
5.17for publication of proceedings, public notices, and summaries of a political subdivision
in
5.18which the project is proposed, or in any other manner determined by the board and
shall
5.19must provide copies of the environmental assessment worksheet to the board and its member
5.20agencies. Comments on the need for an environmental impact statement may be submitted
5.21to the responsible governmental unit during a 30-day period following publication
of the
5.22notice that an environmental assessment worksheet has been completed. The responsible
5.23governmental unit may extend the 30-day comment period for an additional 30 days one
5.24time. Further extensions of the comment period may not be made unless approved by
the
5.25project's proposer. The responsible governmental unit's decision on the need for an
5.26environmental impact statement must be based on the environmental assessment worksheet
5.27and the comments received during the comment period, and must be made within 15 days
5.28after the close of the comment period. The board's chair may extend the 15-day period
by
5.29not more than 15 additional days upon the request of the responsible governmental
unit.
5.30 (e) An environmental assessment worksheet must also be prepared for a proposed action
5.31whenever material evidence accompanying a petition by not less than 100 individuals
who
5.32reside or own property in
the state a county where the proposed action will be undertaken
5.33or in one or more adjoining counties, submitted before the proposed project has received
5.34final approval by the appropriate governmental units, demonstrates that, because of
the
5.35nature or location of a proposed action, there may be potential for significant environmental
6.1effects. Petitions requesting the preparation of an environmental assessment worksheet
must
6.2be submitted to the board. The chair of the board
shall must determine the appropriate
6.3responsible governmental unit and forward the petition to it. A decision on the need
for an
6.4environmental assessment worksheet must be made by the responsible governmental unit
6.5within 15 days after the petition is received by the responsible governmental unit.
The
6.6board's chair may extend the 15-day period by not more than 15 additional days upon
request
6.7of the responsible governmental unit.
6.8 (f) Except in an environmentally sensitive location where Minnesota Rules, part
6.94410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
6.10review under this chapter and rules of the board, if:
6.11 (1) the proposed action is:
6.12 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
6.13 (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
6.14of less than 1,000 animal units;
6.15 (2) the application for the animal feedlot facility includes a written commitment
by the
6.16proposer to design, construct, and operate the facility in full compliance with Pollution
6.17Control Agency feedlot rules; and
6.18 (3) the county board holds a public meeting for citizen input at least ten business
days
6.19before the Pollution Control Agency or county issuing a feedlot permit for the animal
feedlot
6.20facility unless another public meeting for citizen input has been held with regard
to the
6.21feedlot facility to be permitted. The exemption in this paragraph is in addition to
other
6.22exemptions provided under other law and rules of the board.
6.23 (g) The board may, before final approval of a proposed project, require preparation
of
6.24an environmental assessment worksheet by a responsible governmental unit selected
by the
6.25board for any action where environmental review under this section has not been specifically
6.26provided for by rule or otherwise initiated.
6.27 (h) An early and open process must be used to limit the scope of the environmental
6.28impact statement to a discussion of those impacts that, because of the nature or location
of
6.29the project, have the potential for significant environmental effects. The same process
must
6.30be used to determine the form, content, and level of detail of the statement as well
as the
6.31alternatives that are appropriate for consideration in the statement. In addition,
the permits
6.32that will be required for the proposed action must be identified during the scoping
process.
6.33Further, the process must identify those permits for which information will be developed
7.1concurrently with the environmental impact statement. The board
shall must provide in its
7.2rules for the expeditious completion of the scoping process. The determinations reached
in
7.3the process must be incorporated into the order requiring the preparation of an environmental
7.4impact statement.
7.5 (i) The responsible governmental unit
shall must, to the extent practicable, avoid
7.6duplication and ensure coordination between state and federal environmental review
and
7.7between environmental review and environmental permitting. Whenever practical,
7.8information needed by a governmental unit for making final decisions on permits or
other
7.9actions required for a proposed project must be developed in conjunction with the
preparation
7.10of an environmental impact statement. When an environmental impact statement is prepared
7.11for a project requiring multiple permits for which two or more agencies' decision
processes
7.12include either mandatory or discretionary hearings before a hearing officer before
the
7.13agencies' decision on the permit, the agencies may, notwithstanding any law or rule
to the
7.14contrary, conduct the hearings in a single consolidated hearing process if requested
by the
7.15proposer. All agencies having jurisdiction over a permit that is included in the consolidated
7.16hearing
shall must participate. The responsible governmental unit
shall must establish
7.17appropriate procedures for the consolidated hearing process, including procedures
to ensure
7.18that the consolidated hearing process is consistent with the applicable requirements
for each
7.19permit regarding the rights and duties of parties to the hearing, and
shall must use the earliest
7.20applicable hearing procedure to initiate the hearing. All agencies having jurisdiction
over
7.21a permit identified in the draft environmental assessment worksheet scoping document
must
7.22begin reviewing any permit application upon publication of the notice of preparation
of the
7.23environmental impact statement.
7.24 (j) An environmental impact statement must be prepared and its adequacy determined
7.25within 280 days after notice of its preparation unless the time is extended by consent
of the
7.26parties or by the governor for good cause. The responsible governmental unit
shall must
7.27determine the adequacy of an environmental impact statement, unless within 60 days
after
7.28notice is published that an environmental impact statement will be prepared, the board
7.29chooses to determine the adequacy of an environmental impact statement. If an environmental
7.30impact statement is found to be inadequate, the responsible governmental unit has
60 days
7.31to prepare an adequate environmental impact statement.
7.32 (k) The proposer of a specific action may include in the information submitted to
the
7.33responsible governmental unit a preliminary draft environmental impact statement under
7.34this section on that action for review, modification, and determination of completeness
and
7.35adequacy by the responsible governmental unit. A preliminary draft environmental impact
8.1statement prepared by the project proposer and submitted to the responsible governmental
8.2unit must identify or include as an appendix all studies and other sources of information
8.3used to substantiate the analysis contained in the preliminary draft environmental
impact
8.4statement. The responsible governmental unit
shall must require additional studies, if needed,
8.5and obtain from the project proposer all additional studies and information necessary
for
8.6the responsible governmental unit to perform its responsibility to review, modify,
and
8.7determine the completeness and adequacy of the environmental impact statement.
8.8 (l) If an environmental or resource management permit is not issued or denied within
8.9the applicable period described in paragraph (a), the commissioner must immediately
begin
8.10review of the application and must take all steps necessary to issue the final permit,
deny
8.11the permit, or issue the public notice for the draft permit within 150 days of the
expiration
8.12of the applicable period described in paragraph (a). The commissioner may extend the
period
8.13for up to 60 days by issuing a written notice to the applicant stating the length
of and reason
8.14for the extension. Except as prohibited by federal law, after the applicable period
expires,
8.15any person may seek an order of the district court requiring the commissioner to immediately
8.16take action on the permit application. A time limit under this paragraph may be extended
8.17through written agreement between the commissioner and the applicant.
8.18 Sec. 5. Minnesota Statutes 2022, section 116J.035, is amended by adding a subdivision
8.19to read:
8.20 Subd. 9. Ombudsman for business permitting. (a) The commissioner of employment
8.21and economic development must appoint an ombudsman for business permitting to assist
8.22businesses of all sizes with obtaining permits necessary to operate in the state.
The
8.23ombudsman's duties include but are not limited to:
8.24(1) conducting independent evaluations of all aspects of permitting processes that
affect
8.25businesses in the state;
8.26(2) monitoring, reviewing, and providing comments and recommendations to federal,
8.27state, and local authorities on laws and regulations that impact businesses in the
state;
8.28(3) facilitating and promoting participation of businesses in developing laws and
8.29regulations that affect businesses;
8.30(4) providing reports to federal, state, and local authorities and the public on the
8.31requirements of permitting laws and the laws' impact on businesses;
8.32(5) disseminating information about proposed regulations and other information to
8.33businesses and other interested parties;
9.1(6) participating in and sponsoring meetings and conferences about business permitting
9.2with state and local regulatory officials, industry groups, and business representatives;
9.3(7) investigating and assisting in resolving complaints and disputes from businesses
9.4against state or local authorities;
9.5(8) operating a toll-free telephone line to provide free confidential help on
9.6permitting-related problems and grievances;
9.7(9) establishing cooperative programs with trade associations and small businesses
to
9.8promote and achieve voluntary compliance with applicable laws and regulations;
9.9(10) establishing cooperative programs with federal, state, and local governmental
entities
9.10and the private sector to assist businesses in securing sources of funding to comply
with
9.11federal, state, and local permitting laws and regulations;
9.12(11) conducting studies to evaluate the impacts of federal and state permitting laws
and
9.13regulations on the state's economy, local economies, and businesses; and
9.14(12) coordinating with Minnesota Business First Stop, the ombudsman for small business
9.15air-quality compliance assistance, and other relevant state officials.
9.16(b) In carrying out the duties imposed by this subdivision, the ombudsman may act
9.17independently of any agency in providing testimony to the legislature, contacting
and making
9.18periodic reports to federal and state officials as necessary to carry out the duties
imposed
9.19by this subdivision, and addressing problems or concerns related to business permitting.
9.20(c) The ombudsman must be knowledgeable about federal and state business permitting
9.21laws and regulations and federal and state legislative and regulatory processes. The
9.22ombudsman must be experienced in dealing with both private enterprise and governmental
9.23entities, arbitration and negotiation, interpretation of laws and regulations, investigation,
9.24record keeping, report writing, public speaking, and management.
9.25(d) The commissioner of employment and economic development must provide the
9.26ombudsman with the necessary office space, supplies, equipment, and clerical support
to
9.27effectively perform the duties imposed by this subdivision.
9.28 Sec. 6.
SCOPING ENVIRONMENTAL ASSESSMENT WORKSHEET NOT
9.29REQUIRED FOR PROJECTS THAT REQUIRE A MANDATORY
9.30ENVIRONMENTAL IMPACT STATEMENT.
9.31(a) The Environmental Quality Board must amend Minnesota Rules, part 4410.2100, as
9.32follows:
10.1(1) to provide that neither an environmental assessment worksheet nor any other scoping
10.2document needs to be prepared for a project that falls within a mandatory environmental
10.3impact statement category under Minnesota Rules, part 4410.4400, or other applicable
law;
10.4and
10.5(2) to provide that a scoping process undertaken under Minnesota Rules, part 4410.2100,
10.6must be completed no later than 280 days after the process begins.
10.7(b) The board may use the good-cause exemption under Minnesota Statutes, section
10.814.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes,
10.9section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388."
10.10Renumber the sections in sequence and correct the internal references
10.11Amend the title accordingly
10.12The motion prevailed. #did not prevail. So the amendment was #not adopted.