1.1 	A bill for an act
1.2 	relating to the environment; modifying responsibilities of Pollution Control 
1.3 	Agency; providing for state environmental permit coordination and management; 
1.4 	abolishing Environmental Quality Board; specifying transfer of responsibilities 
1.5 	from abolished board;amending Minnesota Statutes 2010, section 116.02, 
1.6 	subdivision 6; proposing coding for new law in Minnesota Statutes, chapter 
1.7 	116C; repealing Minnesota Statutes 2010, sections 116.02, subdivision 8; 
1.8 	116C.01; 116C.02; 116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, 6; 116C.04, 
1.9 	subdivisions 1, 2, 3, 4, 7, 10, 11; 116C.06; 116C.08.
1.10 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.11 	Section 1. Minnesota Statutes 2010, section 116.02, subdivision 6, is amended to read:
1.12 		Subd. 6.Required decisions. The agency shall make final decisions on the 
1.13 	following matters:
1.14 	(1) ~~a petition for the preparation of an environmental assessment worksheet, if the~~ 
1.15 	~~project proposer or a person commenting on the proposal requests that the decision be~~ 
1.16 	~~made by the agency and the agency requests that it make the decision under subdivision 8;~~
1.17 	~~(2)~~ the need for an environmental impact statement following preparation of an 
1.18 	environmental assessment worksheet under applicable rules, if:
1.19 	(i) the agency has received a request for an environmental impact statement;
1.20 	(ii) the project proposer or a person commenting on the proposal requests that the 
1.21 	declaration be made by the agency and the agency requests that it make the decision 
1.22 	under subdivision 8; or
1.23 	(iii) the commissioner is recommending preparation of an environmental impact 
1.24 	statement;
1.25 	~~(3)~~ (2) the scope and adequacy of environmental impact statements;
1.26 	~~(4) issuance, reissuance, modification, or revocation of a permit if:~~
2.1 	~~(i) a variance is sought in the permit application or a contested case hearing request~~ 
2.2 	~~is pending; or~~
2.3 	~~(ii) the permit applicant, the permittee, or a person commenting on the permit action~~ 
2.4 	~~requests that the decision be made by the agency and the agency requests that it make~~ 
2.5 	~~the decision under subdivision 8;~~
2.6 	~~(5)~~ (3) final adoption or amendment of agency rules for which a public hearing is 
2.7 	required under section 14.25 or for which the commissioner decides to proceed directly to 
2.8 	a public hearing under section 14.14, subdivision 1; 
2.9 	~~(6) approval or denial of an application for a variance from an agency rule if:~~
2.10 	~~(i) granting the variance request would change an air, soil, or water quality standard;~~
2.11 	~~(ii) the commissioner has determined that granting the variance would have a~~ 
2.12 	~~significant environmental impact; or~~
2.13 	~~(iii) the applicant or a person commenting on the variance request requests that the~~ 
2.14 	~~decision be made by the agency and the agency requests that it make the decision under~~ 
2.15 	~~subdivision 8;~~ and
2.16 	~~(7)~~ (4) whether to reopen, rescind, or reverse a decision of the agency.

2.17 	Sec. 2. [116C.10] ENVIRONMENTAL PERMIT MANAGEMENT AND 
2.18 	COORDINATION.
2.19 	(a) All environmental permits that involve more than one state or federal agency shall 
2.20 	be managed and coordinated by the state agency with primary jurisdiction in permitting 
2.21 	the project. If environmental review under chapter 116D is or will be conducted for the 
2.22 	project and a state agency is the responsible governmental unit, the state agency named as 
2.23 	the responsible governmental unit shall manage and coordinate the state permitting for the 
2.24 	project. If no state agency is the responsible governmental unit for environmental review 
2.25 	on the project, the agency responsible for managing and coordinating the state permit 
2.26 	process shall be selected by the Department of Administration.
2.27 	(b) The state agency responsible for managing and coordinating state permits under 
2.28 	paragraph (a) shall:
2.29 	(1) develop a timeline for all permits issued by state and federal agencies and 
2.30 	coordinate the permits among the agencies;
2.31 	(2) provide the project proposer the timeline for all state and federal permits; and
2.32 	(3) be the contact person for the project proposer for all state and federal permits.

2.33 	Sec. 3. RESPONSIBILITIES TRANSFERRED.
 3.1 	(a) The responsibilities of the former Environmental Quality Board are transferred to 
3.2 	the agencies listed below:
3.3 	(1) responsibilities related to environmental review, to the Department of 
3.4 	Administration;
3.5 	(2) responsibilities related to water policy, to the Board of Water and Soil Resources;
3.6 	(3) responsibilities related to waste, to the Pollution Control Agency;
3.7 	(4) responsibilities related to genetically engineered organisms, to the Department 
3.8 	of Agriculture;
3.9 	(5) responsibilities related to energy, to the Public Utilities Commission; and
3.10 	(6) any responsibilities not specified, to the Board of Water and Soil Resources.
3.11 	(b) Minnesota Statutes, section 15.039, applies to the transfer of powers under 
3.12 	paragraph (a).

3.13 	Sec. 4. REVISOR'S INSTRUCTION.
 3.14 	By January 15, 2012, the revisor of statutes shall present a bill to the legislature to 
3.15 	make the appropriate statutory changes to reflect the transfer of responsibilities under 
3.16 	section 3.

3.17 	Sec. 5.  REPEALER.
 3.18 	Minnesota Statutes 2010, sections 116.02, subdivision 8; 116C.01; 116C.02; 
3.19 	116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, and 6; 116C.04, subdivisions 1, 2, 3, 4, 7, 10, and 
3.20 	11; 116C.06; and 116C.08, are repealed.