1.1.................... moves to amend H.F. No. 2123, the delete everything amendment
1.2(H2123DE1-3), as follows:
1.3Page 1, line 3, before "Section 1." insert:

1.6Page 6, delete lines 24 to 34
1.7Page 11, after line 2, insert:
1.8"$250,000 each year is for expenses
1.9incurred by the Pollution Control Agency in
1.10implementing article 2."
1.11Page 61, after line 14, insert:


1.14    Section 1. Minnesota Statutes 2008, section 13.7411, subdivision 8, is amended to read:
1.15    Subd. 8. Pollution Control Agency. (a) Hazardous waste generators.
1.16Information provided by hazardous waste generators under section 473.151 and for which
1.17confidentiality is claimed is governed by section 116.075, subdivision 2.
1.18(b) Tests. Trade secret information made available by applicants for certain projects
1.19of the Pollution Control Agency is classified under section 116.54.
1.20(c) Study data for radioactive waste disposal. Access to data derived from
1.21testing or studies for the disposal of radioactive waste is governed by section 116C.724,
1.22subdivision 3.
1.23(d) Low-level radioactive waste. Certain data given to the Pollution Control
1.24Agency by persons who generate, transport, or dispose of low-level radioactive waste are
1.25classified under section 116C.840.

2.1    Sec. 2. Minnesota Statutes 2008, section 103A.204, is amended to read:
2.2103A.204 GROUNDWATER POLICY.
2.3    (a) The responsibility for the protection of groundwater in Minnesota is vested
2.4in a multiagency approach to management. The following is a list of agencies and the
2.5groundwater protection areas for which the agencies are primarily responsible; the list is
2.6not intended to restrict the areas of responsibility to only those specified:
2.7    (1) Environmental Quality Board: coordination of state groundwater protection
2.8programs;
2.9    (2) (1) Pollution Control Agency: coordination of state groundwater protection
2.10programs, water quality monitoring and reporting, and the development of best
2.11management practices and regulatory mechanisms for protection of groundwater from
2.12nonagricultural chemical contaminants;
2.13    (3) (2) Department of Agriculture: sustainable agriculture, integrated pest
2.14management, water quality monitoring, and the development of best management
2.15practices and regulatory mechanisms for protection of groundwater from agricultural
2.16chemical contaminants;
2.17    (4) (3) Board of Water and Soil Resources: reporting on groundwater education and
2.18outreach with local government officials, local water planning and management, and
2.19local cost share programs;
2.20    (5) (4) Department of Natural Resources: water quantity monitoring and regulation,
2.21sensitivity mapping, and development of a plan for the use of integrated pest management
2.22and sustainable agriculture on state-owned lands; and
2.23    (6) (5) Department of Health: regulation of wells and borings, and the development
2.24of health risk limits under section 103H.201.
2.25    (b) The Environmental Quality Board shall prepare a report on policy issues related
2.26to its responsibilities listed in paragraph (a), and include these reports with the assessments
2.27in section 103A.43 and the "Minnesota Water Plan" in section 103B.151.

2.28    Sec. 3. Minnesota Statutes 2008, section 103B.151, subdivision 1, is amended to read:
2.29    Subdivision 1. Water planning. The Environmental Quality Board shall:
2.30    (1) coordinate public water resource management and regulation activities among
2.31the state agencies having jurisdiction in the area;
2.32    (2) coordinate comprehensive long-range water resources planning in furtherance of
2.33the Environmental Quality Board's "Minnesota Water Plan," published in January 1991,
2.34by and September 15, 2000 by the Environmental Quality Board, and each at ten-year
2.35interval afterwards intervals thereafter by the Pollution Control Agency;
3.1    (3) coordinate water planning activities of local, regional, and federal bodies with
3.2state water planning and integrate these plans with state strategies;
3.3    (4) coordinate development of state water policy recommendations and priorities,
3.4and a recommended program for funding identified needs, including priorities for
3.5implementing the state water resources monitoring plan;
3.6    (5) administer federal water resources planning with multiagency interests;
3.7    (6) ensure that groundwater quality monitoring and related data is provided and
3.8integrated into the Minnesota land management information system according to
3.9published data compatibility guidelines. Costs of integrating the data in accordance with
3.10data compatibility standards must be borne by the agency generating the data;
3.11    (7) coordinate the development and evaluation of water information and education
3.12materials and resources; and
3.13    (8) coordinate the dissemination of water information and education through
3.14existing delivery systems.

3.15    Sec. 4. Minnesota Statutes 2008, section 103B.315, subdivision 5, is amended to read:
3.16    Subd. 5. State review. (a) After conducting the public hearing but before final
3.17adoption, the county board must submit its local water management plan, all written
3.18comments received on the plan, a record of the public hearing under subdivision 4,
3.19and a summary of changes incorporated as a result of the review process to the board
3.20for review. The board shall complete the review within 90 days after receiving a local
3.21water management plan and supporting documents. The board shall consult with the
3.22Departments of Agriculture, Health, and Natural Resources; the Pollution Control Agency;
3.23the Environmental Quality Board; and other appropriate state agencies during the review.
3.24(b) The board may disapprove a local water management plan if the board
3.25determines the plan is not consistent with state law. If a plan is disapproved, the board
3.26shall provide a written statement of its reasons for disapproval. A disapproved local water
3.27management plan must be revised by the county board and resubmitted for approval by the
3.28board within 120 days after receiving notice of disapproval of the local water management
3.29plan, unless the board extends the period for good cause.
3.30(c) If the local government unit disagrees with the board's decision to disapprove
3.31the plan, it may, within 60 days, initiate mediation through the board's informal dispute
3.32resolution process as established pursuant to section 103B.345, subdivision 1. A local
3.33government unit may appeal disapproval to the Court of Appeals. A decision of the board
3.34on appeal is subject to judicial review under sections 14.63 to 14.69.

3.35    Sec. 5. Minnesota Statutes 2008, section 103F.751, is amended to read:
4.1103F.751 NONPOINT SOURCE POLLUTION CONTROL PLAN AND
4.2PROGRAM EVALUATION.
4.3To coordinate the programs and activities used to control nonpoint sources of
4.4pollution to achieve the state's water quality goals, the agency shall:
4.5(1) develop a state plan for the control of nonpoint source water pollution to meet
4.6the requirements of the federal Clean Water Act;
4.7(2) work through the Environmental Quality Board to coordinate the activities and
4.8programs of federal, state, and local agencies involved in nonpoint source pollution control
4.9and, as appropriate, develop agreements with federal and state agencies to accomplish the
4.10purposes and objectives of the state nonpoint source pollution control plan; and
4.11(3) evaluate the effectiveness of programs in achieving water quality goals
4.12and recommend to the legislature, under section 3.195, subdivision 1, any necessary
4.13amendments to sections 103F.701 to 103F.761.

4.14    Sec. 6. Minnesota Statutes 2008, section 103G.222, subdivision 1, is amended to read:
4.15    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly
4.16or partially, unless replaced by restoring or creating wetland areas of at least equal
4.17public value under a replacement plan approved as provided in section 103G.2242, a
4.18replacement plan under a local governmental unit's comprehensive wetland protection
4.19and management plan approved by the board under section 103G.2243, or, if a permit to
4.20mine is required under section 93.481, under a mining reclamation plan approved by the
4.21commissioner under the permit to mine. Mining reclamation plans shall apply the same
4.22principles and standards for replacing wetlands by restoration or creation of wetland areas
4.23that are applicable to mitigation plans approved as provided in section 103G.2242. Public
4.24value must be determined in accordance with section 103B.3355 or a comprehensive
4.25wetland protection and management plan established under section 103G.2243. Sections
4.26103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently
4.27flooded areas of types 3, 4, and 5 wetlands.
4.28    (b) Replacement must be guided by the following principles in descending order
4.29of priority:
4.30    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish
4.31the wetland;
4.32    (2) minimizing the impact by limiting the degree or magnitude of the wetland
4.33activity and its implementation;
4.34    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected
4.35wetland environment;
5.1    (4) reducing or eliminating the impact over time by preservation and maintenance
5.2operations during the life of the activity;
5.3    (5) compensating for the impact by restoring a wetland; and
5.4    (6) compensating for the impact by replacing or providing substitute wetland
5.5resources or environments.
5.6    For a project involving the draining or filling of wetlands in an amount not exceeding
5.710,000 square feet more than the applicable amount in section 103G.2241, subdivision 9,
5.8paragraph (a), the local government unit may make an on-site sequencing determination
5.9without a written alternatives analysis from the applicant.
5.10    (c) If a wetland is located in a cultivated field, then replacement must be
5.11accomplished through restoration only without regard to the priority order in paragraph
5.12(b), provided that a deed restriction is placed on the altered wetland prohibiting
5.13nonagricultural use for at least ten years.
5.14    (d) If a wetland is drained under section 103G.2241, subdivision 2, paragraphs
5.15(b) and (e), the local government unit may require a deed restriction that prohibits
5.16nonagricultural use for at least ten years unless the drained wetland is replaced as provided
5.17under this section. The local government unit may require the deed restriction if it
5.18determines the wetland area drained is at risk of conversion to a nonagricultural use within
5.19ten years based on the zoning classification, proximity to a municipality or full service
5.20road, or other criteria as determined by the local government unit.
5.21    (e) Restoration and replacement of wetlands must be accomplished in accordance
5.22with the ecology of the landscape area affected and ponds that are created primarily to
5.23fulfill stormwater management, and water quality treatment requirements may not be
5.24used to satisfy replacement requirements under this chapter unless the design includes
5.25pretreatment of runoff and the pond is functioning as a wetland.
5.26    (f) Except as provided in paragraph (g), for a wetland or public waters wetland
5.27located on nonagricultural land, replacement must be in the ratio of two acres of replaced
5.28wetland for each acre of drained or filled wetland.
5.29    (g) For a wetland or public waters wetland located on agricultural land or in a greater
5.30than 80 percent area, replacement must be in the ratio of one acre of replaced wetland
5.31for each acre of drained or filled wetland.
5.32    (h) Wetlands that are restored or created as a result of an approved replacement plan
5.33are subject to the provisions of this section for any subsequent drainage or filling.
5.34    (i) Except in a greater than 80 percent area, only wetlands that have been restored
5.35from previously drained or filled wetlands, wetlands created by excavation in nonwetlands,
5.36wetlands created by dikes or dams along public or private drainage ditches, or wetlands
6.1created by dikes or dams associated with the restoration of previously drained or filled
6.2wetlands may be used in a statewide banking program established in rules adopted under
6.3section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally
6.4occurring wetlands from one type to another are not eligible for enrollment in a statewide
6.5wetlands bank.
6.6    (j) The Technical Evaluation Panel established under section 103G.2242, subdivision
6.72 , shall ensure that sufficient time has occurred for the wetland to develop wetland
6.8characteristics of soils, vegetation, and hydrology before recommending that the wetland
6.9be deposited in the statewide wetland bank. If the Technical Evaluation Panel has reason
6.10to believe that the wetland characteristics may change substantially, the panel shall
6.11postpone its recommendation until the wetland has stabilized.
6.12    (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365
6.13apply to the state and its departments and agencies.
6.14    (l) For projects involving draining or filling of wetlands associated with a new public
6.15transportation project, and for projects expanded solely for additional traffic capacity,
6.16public transportation authorities may purchase credits from the board at the cost to the
6.17board to establish credits. Proceeds from the sale of credits provided under this paragraph
6.18are appropriated to the board for the purposes of this paragraph. For the purposes of this
6.19paragraph, "transportation project" does not include an airport project.
6.20    (m) A replacement plan for wetlands is not required for individual projects that
6.21result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction,
6.22or replacement of a currently serviceable existing state, city, county, or town public road
6.23necessary, as determined by the public transportation authority, to meet state or federal
6.24design or safety standards or requirements, excluding new roads or roads expanded solely
6.25for additional traffic capacity lanes. This paragraph only applies to authorities for public
6.26transportation projects that:
6.27    (1) minimize the amount of wetland filling or draining associated with the project
6.28and consider mitigating important site-specific wetland functions on-site;
6.29    (2) except as provided in clause (3), submit project-specific reports to the board, the
6.30Technical Evaluation Panel, the commissioner of natural resources, and members of the
6.31public requesting a copy at least 30 days prior to construction that indicate the location,
6.32amount, and type of wetlands to be filled or drained by the project or, alternatively,
6.33convene an annual meeting of the parties required to receive notice to review projects to
6.34be commenced during the upcoming year; and
6.35    (3) for minor and emergency maintenance work impacting less than 10,000 square
6.36feet, submit project-specific reports, within 30 days of commencing the activity, to the
7.1board that indicate the location, amount, and type of wetlands that have been filled
7.2or drained.
7.3    Those required to receive notice of public transportation projects may appeal
7.4minimization, delineation, and on-site mitigation decisions made by the public
7.5transportation authority to the board according to the provisions of section 103G.2242,
7.6subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation
7.7decisions made by the public transportation authority and provide recommendations
7.8regarding on-site mitigation if requested to do so by the local government unit, a
7.9contiguous landowner, or a member of the Technical Evaluation Panel.
7.10    Except for state public transportation projects, for which the state Department of
7.11Transportation is responsible, the board must replace the wetlands, and wetland areas of
7.12public waters if authorized by the commissioner or a delegated authority, drained or filled
7.13by public transportation projects on existing roads.
7.14    Public transportation authorities at their discretion may deviate from federal and
7.15state design standards on existing road projects when practical and reasonable to avoid
7.16wetland filling or draining, provided that public safety is not unreasonably compromised.
7.17The local road authority and its officers and employees are exempt from liability for
7.18any tort claim for injury to persons or property arising from travel on the highway and
7.19related to the deviation from the design standards for construction or reconstruction under
7.20this paragraph. This paragraph does not preclude an action for damages arising from
7.21negligence in construction or maintenance on a highway.
7.22    (n) If a landowner seeks approval of a replacement plan after the proposed project
7.23has already affected the wetland, the local government unit may require the landowner to
7.24replace the affected wetland at a ratio not to exceed twice the replacement ratio otherwise
7.25required.
7.26    (o) A local government unit may request the board to reclassify a county or
7.27watershed on the basis of its percentage of presettlement wetlands remaining. After
7.28receipt of satisfactory documentation from the local government, the board shall change
7.29the classification of a county or watershed. If requested by the local government unit,
7.30the board must assist in developing the documentation. Within 30 days of its action to
7.31approve a change of wetland classifications, the board shall publish a notice of the change
7.32in the Environmental Quality Board Monitor State Register.
7.33    (p) One hundred citizens who reside within the jurisdiction of the local government
7.34unit may request the local government unit to reclassify a county or watershed on the basis
7.35of its percentage of presettlement wetlands remaining. In support of their petition, the
7.36citizens shall provide satisfactory documentation to the local government unit. The local
8.1government unit shall consider the petition and forward the request to the board under
8.2paragraph (o) or provide a reason why the petition is denied.

8.3    Sec. 7. Minnesota Statutes 2008, section 103H.151, subdivision 4, is amended to read:
8.4    Subd. 4. Evaluation. The commissioners of agriculture and the Pollution Control
8.5Agency shall, through field audits and other appropriate means, monitor the use and
8.6effectiveness of best management practices developed and promoted under this section.
8.7The information collected must be submitted to the Environmental Quality Board,
8.8which must include the information included in the report required in section 103A.43,
8.9paragraph (d) (b) .

8.10    Sec. 8. Minnesota Statutes 2008, section 103H.175, subdivision 3, is amended to read:
8.11    Subd. 3. Report. In each even-numbered year, the Pollution Control Agency, in
8.12cooperation with other agencies participating in the monitoring of water resources, shall
8.13provide a draft report on the status of groundwater monitoring to the Environmental
8.14Quality Board for review and then to the house of representatives and senate committees
8.15with jurisdiction over the environment, natural resources, and agriculture as part of the
8.16report in section 103A.204.

8.17    Sec. 9. Minnesota Statutes 2008, section 115A.072, subdivision 1, is amended to read:
8.18    Subdivision 1. Environmental Education Advisory Board. (a) The commissioner
8.19shall provide for the development and implementation of environmental education
8.20programs that are designed to meet the goals listed in section 115A.073.
8.21(b) The Environmental Education Advisory Board shall advise the commissioner in
8.22carrying out the commissioner's responsibilities under this section. The board consists of
8.2320 members as follows:
8.24(1) a representative of the Pollution Control Agency, appointed by the commissioner
8.25of the agency;
8.26(2) a representative of the Department of Education, appointed by the commissioner
8.27of education;
8.28(3) a representative of the Department of Agriculture, appointed by the commissioner
8.29of agriculture;
8.30(4) a representative of the Department of Health, appointed by the commissioner
8.31of health;
8.32(5) a representative of the Department of Natural Resources, appointed by the
8.33commissioner of natural resources;
9.1(6) a representative of the Board of Water and Soil Resources, appointed by that
9.2board;
9.3(7) a representative of the Environmental Quality Board, appointed by that board;
9.4(8) (7) a representative of the Board of Teaching, appointed by that board;
9.5(9) (8) a representative of the University of Minnesota Extension Service, appointed
9.6by the director of the service;
9.7(10) (9) a citizen member from each congressional district, of which two must be
9.8licensed teachers currently teaching in the K-12 system, appointed by the commissioner;
9.9and
9.10(11) (10) three at-large citizen members, appointed by the commissioner.
9.11The citizen members shall serve two-year terms. Compensation of board members is
9.12governed by section 15.059, subdivision 6. The board expires on June 30, 2008.

9.13    Sec. 10. Minnesota Statutes 2008, section 115A.32, is amended to read:
9.14115A.32 RULES.
9.15The board Pollution Control Agency shall promulgate adopt rules pursuant to
9.16chapter 14 to govern its activities under sections 115A.32 to 115A.39. For the purposes of
9.17sections 115A.32 to 115A.39, "board" means the Environmental Quality Board established
9.18in section 116C.03. In all of its activities and deliberations under sections 115A.32 to
9.19115A.39, the board shall consult with the commissioner of the Pollution Control Agency.

9.20    Sec. 11. Minnesota Statutes 2008, section 116C.02, is amended by adding a subdivision
9.21to read:
9.22    Subd. 1a. Agency. "Agency" means the Pollution Control Agency.

9.23    Sec. 12. Minnesota Statutes 2008, section 116C.04, subdivision 1, is amended to read:
9.24    Subdivision 1. Scope; votes. The Additional powers and duties of the Minnesota
9.25Environmental Quality Board Pollution Control Agency shall be as provided in this
9.26section and as otherwise provided by law or executive order. Actions of the board agency
9.27shall be taken only at an open meeting upon a majority vote of all the permanent members
9.28of the board.

9.29    Sec. 13. Minnesota Statutes 2008, section 116C.04, subdivision 7, is amended to read:
9.30    Subd. 7. Annual congress. At its discretion, the board agency shall convene an
9.31annual Environmental Quality Board congress including, but not limited to, representatives
9.32of state, federal and regional agencies, citizen organizations, associations, industries,
9.33colleges and universities, and private enterprises who are active in or have a major impact
10.1on environmental quality. The purpose of the congress shall be to receive reports and
10.2exchange information on progress and activities related to environmental improvement.

10.3    Sec. 14. Minnesota Statutes 2008, section 116C.71, is amended by adding a subdivision
10.4to read:
10.5    Subd. 1d. Agency. "Agency" means the Pollution Control Agency.

10.6    Sec. 15. Minnesota Statutes 2008, section 116F.06, subdivision 2, is amended to read:
10.7    Subd. 2. Agency review; sale prohibition. The agency shall review new or
10.8revised packages or containers except when such changes involve only color, size, shape
10.9or printing. The agency shall review innovations including, but not limited to, changes
10.10in constituent materials or combinations thereof and changes in closures. When the
10.11agency determines that any new or revised package or container would constitute a
10.12solid waste disposal problem or be inconsistent with state environmental policies, the
10.13manufacturer of the product may withdraw it from further consideration until such time as
10.14the manufacturer may resubmit such product to the agency, or, the agency may, by order
10.15made after notice and hearing as provided in chapter 14, and following an additional
10.16period not to exceed 30 days during which the Environmental Quality Board may review
10.17the proposed action, prohibit the sale of the package or container in the state. Any such
10.18prohibition shall continue in effect until revoked by the agency or until the last legislative
10.19day of the next following legislative session, whichever occurs first, unless extended by
10.20law. This subdivision shall not apply to any package or container sold at retail in this
10.21state prior to September 7, 1979.

10.22    Sec. 16. Minnesota Statutes 2008, section 116G.03, is amended by adding a
10.23subdivision to read:
10.24    Subd. 1a. Agency. "Agency" means the Pollution Control Agency.

10.25    Sec. 17. Minnesota Statutes 2008, section 116G.15, is amended to read:
10.26116G.15 MISSISSIPPI RIVER CRITICAL AREA.
10.27(a) The federal Mississippi National River and Recreation Area established
10.28pursuant to United States Code, title 16, section 460zz-2(k), is designated an area of
10.29critical concern in accordance with this chapter. The governor shall review the existing
10.30Mississippi River critical area plan and specify any additional standards and guidelines
10.31to affected communities in accordance with section 116G.06, subdivision 2, paragraph
10.32(b), clauses (3) and (4), needed to insure preservation of the area pending the completion
10.33of the federal plan.
11.1The results of an environmental impact statement prepared under chapter 116D
11.2begun before and completed after July 1, 1994, for a proposed project that is located in
11.3the Mississippi River critical area north of the United States Army Corps of Engineers
11.4Lock and Dam Number One must be submitted in a report to the chairs of the environment
11.5and natural resources policy and finance committees of the house of representatives
11.6and the senate prior to the issuance of any state or local permits and the authorization
11.7for an issuance of any bonds for the project. A report made under this paragraph shall
11.8be submitted by the responsible governmental unit that prepared the environmental
11.9impact statement, and must list alternatives to the project that are determined by the
11.10environmental impact statement to be economically less expensive and environmentally
11.11superior to the proposed project and identify any legislative actions that may assist in the
11.12implementation of environmentally superior alternatives. This paragraph does not apply
11.13to a proposed project to be carried out by the Metropolitan Council or a metropolitan
11.14agency as defined in section 473.121.
11.15(b) If the results of an environmental impact statement required to be submitted by
11.16paragraph (a) indicate that there is an economically less expensive and environmentally
11.17superior alternative, then no member agency of the Environmental Quality Board,
11.18as comprised in 1995, shall issue a permit for the facility that is the subject of the
11.19environmental impact statement, other than an economically less expensive and
11.20environmentally superior alternative, nor shall any government bonds be issued for
11.21the facility, other than an economically less expensive and environmentally superior
11.22alternative, until after the legislature has adjourned its regular session sine die in 1996.

11.23    Sec. 18. Minnesota Statutes 2008, section 116G.151, is amended to read:
11.24116G.151 REQUIRED ENVIRONMENTAL ASSESSMENT WORKSHEET;
11.25FACILITIES IN MISSISSIPPI RIVER AREA.
11.26(a) Until completion of an environmental assessment worksheet that complies with
11.27the rules of the Environmental Quality Board, or its successor, and this section, a state
11.28or local agency may not issue a permit for construction or operation of a metal materials
11.29shredding project with a processing capacity in excess of 20,000 tons per month that
11.30would be located in the Mississippi River critical area, as described in section 116G.15,
11.31upstream from United States Corps of Engineers Lock and Dam Number One.
11.32(b) The Pollution Control Agency is the responsible governmental unit for the
11.33preparation of an environmental assessment worksheet required under this section.
12.1(c) In addition to the contents required under law and rule, an environmental
12.2assessment worksheet completed under this section must also include the following major
12.3categories:
12.4(1) effects of operation of the project, including vibrations and airborne particulates
12.5and dust, on the Mississippi River;
12.6(2) effects of operation of the project, including vibrations and airborne particulates
12.7and dust, on adjacent businesses and on residents and neighborhoods;
12.8(3) effects of operation of the project on barge and street traffic;
12.9(4) discussion of alternative sites considered by the project proposer for the
12.10proposed project, possible design modifications including site layout, and the magnitude
12.11of the project;
12.12(5) mitigation measures that could eliminate or minimize any adverse environmental
12.13effects of the proposed project;
12.14(6) impact of the proposed project on the housing, park, and recreational use of
12.15the river;
12.16(7) effects of waste and implication of the disposal of waste generated from the
12.17proposed project;
12.18(8) effects on water quality from the project operations, including wastewater
12.19generated from operations of the proposed project;
12.20(9) potential effects from fugitive emissions, fumes, dust, noise, and vibrations
12.21from project operations;
12.22(10) compatibility of the existing operation and proposed operation with other
12.23existing uses;
12.24(11) the report of the expert required by paragraph (g).
12.25(d) In addition to the publication and distribution provisions relating to
12.26environmental assessment worksheets under law and rule, notice of environmental
12.27assessment worksheets performed by this section shall also be published in a newspaper of
12.28general circulation as well as community newspapers in the affected neighborhoods.
12.29(e) A public meeting in the affected communities must be held on the environmental
12.30assessment worksheet prepared under this section. After the public meeting on the
12.31environmental assessment worksheet, there must be an additional 30-day period for review
12.32and comment on the environmental assessment worksheet.
12.33(f) If the Pollution Control Agency determines that information necessary to make a
12.34reasonable decision about potential of significant environmental impacts is insufficient,
12.35the agency shall make a positive declaration and proceed with an environmental impact
12.36statement.
13.1(g) The Pollution Control Agency shall retain an expert in the field of toxicology
13.2who is capable of properly analyzing the potential effects and content of any airborne
13.3particulates, fugitive emissions, and dust that could be produced by a metal materials
13.4shredding project. The Pollution Control Agency shall obtain any existing reports or
13.5documents from a governmental entity or project proposer that analyzes or evaluates the
13.6potential hazards of airborne particulates, fugitive emissions, or dust from the construction
13.7or operation of a metal materials shredding project in preparing the environmental
13.8assessment worksheet. The agency and the expert shall prepare, as part of the report, a risk
13.9assessment of the types of metals permitted to be shredded as compared to the types of
13.10materials that are likely to be processed at the facility. In performing the risk assessment,
13.11the agency and the expert must consider any actual experience at similar facilities. The
13.12report must be included as part of the environmental assessment worksheet.
13.13(h) If the Pollution Control Agency determines that under the rules of the
13.14Environmental Quality Board an environmental impact statement should be prepared, the
13.15Pollution Control Agency shall be the responsible governmental unit for preparation of the
13.16environmental impact statement.

13.17    Sec. 19. Minnesota Statutes 2008, section 137.56, is amended to read:
13.18137.56 ENVIRONMENTAL REVIEW.
13.19The commissioner must not make an annual payment required by this act until the
13.20board has completed an environmental review of the stadium project and the commissioner
13.21determines that the board is performing the duties of the responsible governmental unit
13.22as prescribed in the Minnesota Environmental Policy Act, chapter 116D, and the rules
13.23adopted under that chapter. The legislature ratifies the Environmental Quality Board's
13.24designation of the board as a responsible governmental unit.

13.25    Sec. 20. TRANSFER OF ENVIRONMENTAL QUALITY BOARD AND DUTIES
13.26TO THE POLLUTION CONTROL AGENCY.
13.27    Subdivision 1. Transfer of duties. (a) In order to improve the efficiency of state
13.28government, the functions, powers, duties, and responsibilities of the Environmental
13.29Quality Board are transferred to the commissioner of the Pollution Control Agency. This
13.30transfer will more closely align environmental and education functions carried out by state
13.31agency staff within a single state agency.
13.32(b) Rulemaking authority of the Environmental Quality Board is transferred to the
13.33Pollution Control Agency. All rules adopted by the Environmental Quality Board remain
13.34in effect and shall be enforced until amended or repealed in accordance with law by the
13.35Pollution Control Agency.
14.1(c) The Pollution Control Agency is the legal successor in all respects of the
14.2Environmental Quality Board. The bonds, resolutions, contracts, and liabilities of the
14.3Environmental Quality Board become the bonds, resolutions, contracts, and liabilities of
14.4the Pollution Control Agency. Any proceedings, court actions, prosecution, or other
14.5business or matter pending on the effective date of the transfer may be conducted and
14.6completed by the Pollution Control Agency in the same manner, under the same terms and
14.7conditions, and with the same effect, as though they involved or were commenced and
14.8conducted or completed prior to the transfer from the Environmental Quality Board.
14.9    Subd. 2. Transfer of Environmental Quality Board to Pollution Control Agency.
14.10Effective July 1, 2009, the Environmental Quality Board and the duties covered in sections
14.11116C.01 to 116C.06, are transferred to the commissioner of the Pollution Control Agency.
14.12However, the Environmental Quality Board will continue to function with its present role
14.13and responsibilities through June 30, 2010. On July, 1, 2010, the functions of the board
14.14are assumed by the Pollution Control Agency.
14.15    Subd. 3. Report to the legislature. By January 15, 2010, the Pollution Control
14.16Agency in conjunction with the Environmental Quality Board shall provide a report to the
14.17appropriate chairs of the environmental committees of the legislature that shall address
14.18the following:
14.19(1) identify any existing Environmental Quality Board duties, functions, and
14.20responsibilities that are obsolete and should be abolished or are appropriately transferred
14.21to another agency;
14.22(2) describe how the agency shall operationally address the separation of its
14.23environmental review policy setting from its environmental review regulatory role
14.24regarding specific facilities;
14.25(3) describe how the agency shall ensure effective and fair coordination and
14.26collaboration among state agencies on environmental policy and planning issues;
14.27(4) describe how the agency shall ensure effective accessibility and involvement of
14.28the public on environmental issues;
14.29(5) describe how the agency shall ensure effective public and agency discussions of
14.30current and emerging environmental topics relevant to Minnesota including but not limited
14.31to air quality, water quality, land use, resource protection, greenhouse gases, climate
14.32change, population shifts, economic growth, and technological change; and
14.33(6) consider the impact of replacing the Environmental Quality Board by the agency
14.34relative to the ability of the state of Minnesota to encourage debate concerning population,
14.35economic, and technological growth so that the consequences and causes of alternative
14.36decisions can be known and understood by the public and its government.
15.1    Subd. 4. Transfer of staff. Effective July 1, 2009, the staff of the Environmental
15.2Quality Board are transferred to the Pollution Control Agency under section 15.039. In
15.3addition to any other protection, no employee in the classified service shall suffer job loss,
15.4have a salary reduced, or have employment benefits reduced as a result of a reorganization
15.5mandated or recommended under authority of this section. No action taken after July 1,
15.62010, shall be considered a result of reorganization for the purposes of this section.
15.7    Subd. 5. Remaining balance. Any balance remaining as of June 30, 2009, from the
15.8Environmental Quality Board rulemaking account in the general fund at the Department
15.9of Administration shall be transferred to the Pollution Control Agency to be used for its
15.10original purpose established in Laws 2007, chapter 57, article 1, section 4, subdivision 10.

15.11    Sec. 21. REVISOR'S INSTRUCTION.
15.12Except for Minnesota Statutes, sections 103B.151, subdivision 1, clause (2);
15.13116C.77; 116C.771; 116C.842, subdivisions 1a, 2a, 3a, 3b, and 4; 116G.151; 216B.2425,
15.14subdivision 6; and 473.581, and where the content indicates otherwise, the revisor shall
15.15change the reference to the "Environmental Quality Board" to the "Pollution Control
15.16Agency" wherever it appears in Minnesota Statutes. Where the term "board" is used to
15.17refer to the "Environmental Quality Board" in Minnesota Statutes, the revisor shall change
15.18the term to "agency."

15.19    Sec. 22. REPEALER.
15.20Minnesota Statutes 2008, sections 13.7411, subdivision 9; 116C.02, subdivision
15.212; 116C.03, subdivisions 1, 2, 2a, 3a, 4, 5, and 6; 116C.24, subdivision 2; 116C.71,
15.22subdivisions 1c and 2a; 116C.91, subdivision 2; 116F.06, subdivision 2; and 116G.03,
15.23subdivision 2, are repealed effective July 1, 2010."
15.24Adjust amounts accordingly
15.25Renumber the sections in sequence and correct the internal references
15.26Amend the title accordingly