1.1.................... moves to amend H.F. No. 2169, the second engrossment, as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 14.05, subdivision 1, is amended to read:
1.4    Subdivision 1. Authority to adopt original rules restricted. (a) Each agency
1.5shall adopt, amend, suspend, or repeal its rules: (1) in accordance with the procedures
1.6specified in sections 14.001 to 14.69, and; (2) only pursuant to authority delegated by law;
1.7(3) only that are necessary to serve the public interest; and (4) in full compliance with
1.8its duties and obligations.
1.9(b) If a law authorizing rules is repealed, the rules adopted pursuant to that law are
1.10automatically repealed on the effective date of the law's repeal unless there is another
1.11law authorizing the rules.
1.12(c) Except as provided in section 14.06, sections 14.001 to 14.69 shall not be
1.13authority for an agency to adopt, amend, suspend, or repeal rules.

1.14    Sec. 2. Minnesota Statutes 2010, section 14.116, is amended to read:
1.1514.116 NOTICE TO LEGISLATURE.
1.16(a) By January 15 each year, each agency must submit its rulemaking docket
1.17maintained under section 14.366, and the official rulemaking record required under section
1.1814.365 for any rule adopted during the preceding calendar year, to the chairs and ranking
1.19minority members of the legislative policy and budget committees with jurisdiction over
1.20the subject matter of the proposed rule.
1.21(b) When an agency mails notice of intent to adopt rules under section 14.14 or
1.2214.22 , the agency must send a copy of the same notice and a copy of the statement of need
1.23and reasonableness to the chairs and ranking minority party members of the legislative
1.24policy and budget committees with jurisdiction over the subject matter of the proposed
1.25rules and to the Legislative Coordinating Commission.
2.1(c) In addition, if the mailing of the notice is within two years of the effective date
2.2of the law granting the agency authority to adopt the proposed rules, the agency shall
2.3make reasonable efforts to send a copy of the notice and the statement to all sitting
2.4legislators who were chief house of representatives and senate authors of the bill granting
2.5the rulemaking authority. If the bill was amended to include this rulemaking authority,
2.6the agency shall make reasonable efforts to send the notice and the statement to the chief
2.7house of representatives and senate authors of the amendment granting rulemaking
2.8authority, rather than to the chief authors of the bill.

2.9    Sec. 3. Minnesota Statutes 2010, section 14.131, is amended to read:
2.1014.131 STATEMENT OF NEED AND REASONABLENESS.
2.11By the date of the section 14.14, subdivision 1a, notice, the agency must
2.12prepare, review, and make available for public review a statement of the need for and
2.13reasonableness of the rule. The statement of need and reasonableness must be prepared
2.14under rules adopted by the chief administrative law judge and must include the following
2.15to the extent the agency, through reasonable effort, can ascertain this information:
2.16(1) a description of the classes of persons who probably will be affected by the
2.17proposed rule, including classes that will bear the costs of the proposed rule and classes
2.18that will benefit from the proposed rule;
2.19(2) the probable costs to the agency and to any other agency of the implementation
2.20and enforcement of the proposed rule and any anticipated effect on state revenues;
2.21(3) a determination of whether there are less costly methods or less intrusive
2.22methods for achieving the purpose of the proposed rule;
2.23(4) a description of any alternative methods for achieving the purpose of the
2.24proposed rule that were seriously considered by the agency and the reasons why they
2.25were rejected in favor of the proposed rule;
2.26(5) the probable costs of complying with the proposed rule, including the portion
2.27of the total costs that will be borne by identifiable categories of affected parties, such as
2.28separate classes of governmental units, businesses, or individuals;
2.29(6) the probable costs or consequences of not adopting the proposed rule, including
2.30those costs or consequences borne by identifiable categories of affected parties, such as
2.31separate classes of government units, businesses, or individuals; and
2.32(7) an assessment of any differences between the proposed rule and existing federal
2.33regulations and a specific analysis of the need for and reasonableness of each difference.;
2.34and
3.1(8) an assessment of the cumulative effect of the rule with other federal and state
3.2regulations related to the specific purpose of the rule.
3.3The statement must describe how the agency, in developing the rules, considered
3.4and implemented the legislative policy supporting performance-based regulatory systems
3.5set forth in section 14.002.
3.6For purposes of clause (8), "cumulative effect" means the impact that results from
3.7incremental impact of the proposed rule in addition to other rules, regardless of what
3.8state or federal agency has adopted the other rules. Cumulative effects can result from
3.9individually minor but collectively significant rules adopted over a period of time.
3.10The statement must also describe the agency's efforts to provide additional
3.11notification under section 14.14, subdivision 1a, to persons or classes of persons who may
3.12be affected by the proposed rule or must explain why these efforts were not made.
3.13The agency must consult with the commissioner of management and budget to
3.14help evaluate the fiscal impact and fiscal benefits of the proposed rule on units of local
3.15government. The agency must send a copy of the statement of need and reasonableness
3.16to the Legislative Reference Library when the notice of hearing is mailed under section
3.1714.14, subdivision 1a .

3.18    Sec. 4. REPORTS.
3.19By January 15, 2013, the Pollution Control Agency, Department of Natural
3.20Resources, Board of Water and Soil Resources, Environmental Quality Board, and
3.21Department of Agriculture must each report to the governor, the Legislative Coordinating
3.22Commission, and the policy and funding committees and divisions with jurisdiction over
3.23the agency. Each report must update information that was reported as required by Laws
3.242000, chapter 469, section 4, subdivision 1. The reports from the Board of Water and Soil
3.25Resources and the Environmental Quality Board must include the information required by
3.26Laws 2000, chapter 469, section 4, subdivision 1."
3.27Amend the title accordingly