1.1.................... moves to amend S. F. No. 4942, the third engrossment, as amended, as
1.2follows:
1.3Page 188, after line 23, insert:


1.6    Section 1. [84.0265] ENVIRONMENTAL REVIEW AND PERMITTING;
1.7COORDINATED PROJECT PLANS.
1.8    Subdivision 1. Definitions. In this section, the following terms have the meanings given:
1.9(1) "commissioner" means the commissioner of natural resources;
1.10(2) "coordinated project plan" or "plan" means a plan to ensure that any required
1.11environmental review and associated required state agency actions are completed efficiently
1.12by coordinating and establishing deadlines for all necessary state agency actions;
1.13(3) "eligible project" means a project that requires the commissioner to prepare an
1.14environmental assessment worksheet or an environmental impact statement under chapter
1.15116D and associated permits, unless the project is sponsored by the department of natural
1.16resources; and
1.17(4) "state agency" means the department or any other office, board, commission, authority,
1.18department, or other agency of the executive branch of state government.
1.19    Subd. 2. State policy. It is the goal of the state to maximize the coordination,
1.20effectiveness, transparency, and accountability of environmental review, associated
1.21environmental permitting, and other regulatory actions for facilities in Minnesota.
1.22    Subd. 3. Early communication; identifying issues. To the extent practicable, the
1.23commissioner must establish and provide an expeditious process for a person that requests
2.1to confer with the department and other state agencies about an eligible project. The
2.2department must provide information about any identified challenging issues regarding the
2.3potential environmental impacts related to an eligible project, including any issues that
2.4could substantially delay a state agency from completing agency decisions; and issues that
2.5must be addressed before an environmental assessment worksheet, environmental impact
2.6statement, final scoping decision, permit action, or other required action by a state agency
2.7can be started.
2.8    Subd. 4. Plan preparation; participating agencies. (a) A person who submits an
2.9application for an eligible project to the commissioner may request that the commissioner
2.10prepare a coordinated project plan to complete any required environmental review and
2.11associated agency actions for the eligible project.
2.12(b) Within 60 days of receiving a request under paragraph (a), the commissioner must
2.13prepare a coordinated project plan in consultation with the requestor and other state agencies
2.14identified under paragraph (c). If an eligible project requires or otherwise includes the
2.15preparation of an environmental impact statement, the commissioner is required to prepare
2.16a coordinated project plan that first covers the period through a final scoping decision.
2.17Within 60 days of completion of the final scoping decision, the commissioner must update
2.18the coordinated project plan to include the remainder of the environmental review process
2.19as well as applicable state permits and other state regulatory decisions. The coordinated
2.20project plan is subject to modification in accordance with subdivision 7.
2.21(c) Any state agency that must make permitting or other regulatory decisions over the
2.22eligible project must participate in developing a coordinated project plan.
2.23(d) If an eligible project requires environmental review and the Department of Natural
2.24Resources is the responsible governmental unit, then it is the lead agency responsible for
2.25preparation of a coordinated project plan under this section. If an eligible project requires
2.26environmental review and the Pollution Control Agency is the responsible governmental
2.27unit, then it is the lead agency responsible for preparation of a coordinated project under
2.28section 116.035.
2.29    Subd. 5. Plan contents; synchronization; updates. (a) A coordinated project plan must
2.30include:
2.31(1) a list of all state agencies known to have environmental review, permitting, or other
2.32regulatory authority over the eligible project and an explanation of each agency's specific
2.33role and responsibilities for actions under the coordinated project plan;
2.34(2) a schedule for any formal public meetings; and
3.1(3) a comprehensive schedule of deadlines by which all environmental reviews, permits,
3.2and other state agency actions must be completed. The deadlines established under this
3.3clause must include intermediate and final completion deadlines for actions by each state
3.4agency and must be consistent with subdivision 6, subject to modification in accordance
3.5with subdivision 7.
3.6(b) The commissioner must update a coordinated project plan quarterly.
3.7    Subd. 6. Required deadlines. (a) Deadlines established in a coordinated project plan
3.8must comply with this subdivision, unless an alternative time period is agreed upon by the
3.9commissioner and proposer.
3.10(b) When an environmental assessment worksheet is prepared for an eligible project for
3.11which an environmental impact statement is not mandatory under Minnesota Rules, chapter
3.124410, the decision on the need for an environmental impact statement must be made as
3.13expeditiously as possible but no later than 18 months after the environmental assessment
3.14worksheet is deemed complete by the commissioner.
3.15(c) When an environmental impact statement is prepared for an eligible project, the
3.16decision on the adequacy of the final environmental impact statement must be made as
3.17expeditiously as possible but no later than four years after the data submitted for the
3.18environmental assessment worksheet is deemed complete.
3.19(d) If the commissioner includes plan deadlines that are inconsistent with paragraphs
3.20(b) and (c), then within 30 days of finalizing the plan, the commissioner must report to the
3.21chairs and ranking minority members of the legislative committees and divisions with
3.22jurisdiction over natural resources policy to explain how deadlines were established and
3.23why the deadlines under paragraphs (b) and (c) are not attainable.
3.24    Subd. 7. Deadline compliance; modification. (a) A state agency that participates in the
3.25commissioner's development coordinated project plan must comply with deadlines established
3.26in the plan. If a participating state agency fails to meet a deadline established in the
3.27coordinated project plan or anticipates failing to meet a deadline, the state agency must
3.28immediately notify the commissioner to explain the reason for the failure or anticipated
3.29failure and to propose a date for a modified deadline.
3.30(b) The commissioner may modify a deadline established in the coordinated project plan
3.31if the project proposer fails to meet a deadline established in the coordinated project plan
3.32or provides inadequate information to meet that deadline; or if:
4.1(1) the commissioner provides the person that requested the plan with a written
4.2justification for the modification; and
4.3(2) the commissioner and the state agency, after consultation with the person that
4.4requested the plan, mutually agree on a different deadline.
4.5(c) If the combined modifications to one or more deadlines established in a coordinated
4.6project plan extend the initially anticipated final decision date for an eligible project
4.7application by more than 20 percent, the commissioner must report to the chairs and ranking
4.8minority members of the legislative committees and divisions with jurisdiction over natural
4.9resources policy within 30 days to explain the reason the modifications are necessary. The
4.10commissioner must also notify the chairs and ranking minority members within 30 days of
4.11any subsequent extensions to the final decision date. The notification must include the reason
4.12for the extension and the history of any prior extensions. For purposes of calculating the
4.13percentage of time that modifications have extended the anticipated final decision date,
4.14modifications made necessary by reasons wholly outside the control of state agencies must
4.15not be considered.
4.16    Subd. 8. Annual report. As part of the annual permitting efficiency report required
4.17under section 84.027, The commissioner must report on progress toward required actions
4.18described in this section.
4.19    Subd. 9. Relation to other law. Nothing in this section is to be construed to require an
4.20act that conflicts with applicable state or federal law. Nothing in this section affects the
4.21specific statutory obligations of a state agency to comply with criteria or standards of
4.22environmental quality.

4.23    Sec. 2. [116.035] ENVIRONMENTAL REVIEW AND PERMITTING;
4.24COORDINATED PROJECT PLANS.
4.25    Subdivision 1. Definitions. In this section, the following terms have the meanings given:
4.26(1) "commissioner" means the commissioner of the Pollution Control Agency;
4.27(2) "coordinated project plan" or "plan" means a plan to ensure that any required
4.28environmental review and associated required state agency actions are completed efficiently
4.29by coordinating and establishing deadlines for all necessary state agency actions;
4.30(3) "eligible project" means a project that requires the commissioner to prepare an
4.31environmental assessment worksheet or an environmental impact statement under chapter
4.32116D and associated permits; and
5.1(4) "state agency" means the agency or any other office, board, commission, authority,
5.2department, or other agency of the executive branch of state government.
5.3    Subd. 2. State policy. It is the goal of the state to maximize the coordination,
5.4effectiveness, transparency, and accountability of environmental review, associated
5.5environmental permitting, and other regulatory actions for facilities in Minnesota.
5.6    Subd. 3. Early communication; identifying issues. To the extent practicable, the
5.7commissioner must establish and provide an expeditious process for a person that requests
5.8to confer with the agency and other state agencies about an eligible project. The agency
5.9must provide information about any identified challenging issues regarding the potential
5.10environmental impacts related to an eligible project, including any issues that could
5.11substantially delay a state agency from completing agency decisions and issues that must
5.12be addressed before an environmental assessment worksheet, environmental impact statement,
5.13final scoping decision, permit action, or other required action by a state agency can be
5.14started.
5.15    Subd. 4. Plan preparation; participating agencies. (a) A person who submits an
5.16application for an eligible project to the commissioner may request that the commissioner
5.17prepare a coordinated project plan to complete any required environmental review and
5.18associated agency actions for the eligible project.
5.19(b) Within 60 days of receiving a request under paragraph (a), the commissioner must
5.20prepare a coordinated project plan in consultation with the requestor and other state agencies
5.21identified under paragraph (c). If an eligible project requires or otherwise includes the
5.22preparation of an environmental impact statement, the commissioner is required to prepare
5.23a coordinated project plan that first covers the period through a final scoping decision.
5.24Within 60 days of completion of the final scoping decision, the commissioner must update
5.25the coordinated project plan to include the remainder of the environmental review process
5.26as well as applicable state permits and other state regulatory decisions. The coordinated
5.27project plan is subject to modification in accordance with subdivision 7.
5.28(c) Any state agency that must make permitting or other regulatory decisions over the
5.29eligible project must participate in developing a coordinated project plan.
5.30(d) If an eligible project requires environmental review and the Department of Natural
5.31Resources is the responsible governmental unit, then it is the lead agency responsible for
5.32preparation of a coordinated project plan under section 84.0265. If an eligible project requires
5.33environmental review and the Pollution Control Agency is the responsible governmental
6.1unit, then it is the lead agency responsible for preparation of a coordinated project under
6.2this section.
6.3    Subd. 5. Plan contents; synchronization; updates. (a) A coordinated project plan must
6.4include:
6.5(1) a list of all state agencies known to have environmental review, permitting, or other
6.6regulatory authority over the eligible project and an explanation of each agency's specific
6.7role and responsibilities for actions under the coordinated project plan;
6.8(2) a schedule for any formal public meetings; and
6.9(3) a comprehensive schedule of deadlines by which all environmental reviews, permits,
6.10and other state agency actions must be completed. The deadlines established under this
6.11clause must include intermediate and final completion deadlines for actions by each state
6.12agency and must be consistent with subdivision 6, subject to modification in accordance
6.13with subdivision 7.
6.14(b) The commissioner must update a coordinated project plan quarterly.
6.15    Subd. 6. Required deadlines. (a) Deadlines established in a coordinated project plan
6.16must comply with this subdivision unless an alternative time period is agreed upon by the
6.17commissioner and proposer.
6.18(b) When an environmental assessment worksheet is prepared for an eligible project for
6.19which an environmental impact statement is not mandatory under Minnesota Rules, chapter
6.204410, the decision on the need for an environmental impact statement must be made as
6.21expeditiously as possible but no later than 18 months after the environmental assessment
6.22worksheet is deemed complete by the commissioner.
6.23(c) When an environmental impact statement is prepared for an eligible project, the
6.24decision on the adequacy of the final environmental impact statement must be made as
6.25expeditiously as possible but no later than four years after the submitted data for the
6.26environmental assessment worksheet is deemed complete.
6.27(d) If the commissioner includes plan deadlines that are inconsistent with paragraphs
6.28(b) and (c), then within 30 days of finalizing the plan, the commissioner must report to the
6.29chairs and ranking minority members of the legislative committees and divisions with
6.30jurisdiction over natural resources policy to explain how deadlines were established and
6.31why the deadlines under paragraphs (b) and (c) are not attainable.
6.32    Subd. 7. Deadline compliance; modification. (a) A state agency that participates in the
6.33commissioner's development coordinated project plan must comply with deadlines established
7.1in the plan. If a participating state agency fails to meet a deadline established in the
7.2coordinated project plan or anticipates failing to meet a deadline, the state agency must
7.3immediately notify the commissioner to explain the reason for the failure or anticipated
7.4failure and to propose a date for a modified deadline.
7.5(b) The commissioner may modify a deadline established in the coordinated project plan
7.6if the project proposer fails to meet a deadline established in the coordinated project plan
7.7or provides inadequate information to meet that deadline; or if:
7.8(1) the commissioner provides the person that requested the plan with a written
7.9justification for the modification; and
7.10(2) the commissioner and the state agency, after consultation with the person that
7.11requested the plan, mutually agree on a different deadline.
7.12(c) If the combined modifications to one or more deadlines established in a coordinated
7.13project plan extend the initially anticipated final decision date for an eligible project
7.14application by more than 20 percent, the commissioner must report to the chairs and ranking
7.15minority members of the legislative committees and divisions with jurisdiction over natural
7.16resources policy within 30 days to explain the reason the modifications are necessary. The
7.17commissioner must also notify the chairs and ranking minority members within 30 days of
7.18any subsequent extensions to the final decision date. The notification must include the reason
7.19for the extension and the history of any prior extensions. For purposes of calculating the
7.20percentage of time that modifications have extended the anticipated final decision date,
7.21modifications made necessary by reasons wholly outside the control of state agencies must
7.22not be considered.
7.23    Subd. 8. Annual report. As part of the annual permitting efficiency report required
7.24under section 116.03, the commissioner must report on progress toward required actions
7.25described in this section.
7.26    Subd. 9. Relation to other law. Nothing in this section is to be construed to require an
7.27act that conflicts with applicable state or federal law. Nothing in this section affects the
7.28specific statutory obligations of a state agency to comply with criteria or standards of
7.29environmental quality."
7.30Amend the title accordingly