§ 116D.045 — Environmental Impact Statements; Costs
Plain-Language Summary
When a project requires an Environmental Impact Statement, the state agency in charge can require the project proposer to pay for the cost of preparing it. The agency sets the fee based on the actual costs of the review. The money collected goes into a special fund to cover environmental review expenses. This section makes sure that the people proposing big projects pay for their environmental review, not the general public.
116D.045 ENVIRONMENTAL IMPACT STATEMENTS; COSTS.
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Subdivision 1.Assessment.
The board must by rule adopt procedures to:
(1) assess the proposer of a specific action for the responsible governmental unit’s reasonable costs of preparing, reviewing, and distributing the environmental impact statement. The costs must be determined by the responsible governmental unit according to the rules adopted by the board; and
(2) authorize a responsible governmental unit to allow a proposer of a specific action to prepare a draft environmental impact statement according to section 116D.04, subdivision 2a, paragraph (k). §
Subd. 2.Modification.
In the event of a disagreement between the proposer of the action and the responsible governmental unit over the cost of an environmental impact statement, the responsible governmental unit shall consult with the board, which may modify the cost or determine that the cost assessed by the responsible governmental unit is reasonable. §
Subd. 3.Use of assessment.
As necessary, the responsible governmental unit shall assess the project proposer for reasonable costs that the responsible governmental unit incurs in preparing, reviewing, and distributing the environmental impact statement and the proposer shall pay the assessed cost to the responsible governmental unit. Money received under this subdivision by a responsible governmental unit may be retained by the unit for the same purposes. Money received by a state agency must be credited to a special account and is appropriated to the agency to cover the assessed costs incurred. §
Subd. 4.Partial cost to be paid.
No responsible governmental unit shall commence the preparation of an environmental impact statement until at least one-half of the assessed cost of the environmental impact statement is paid pursuant to subdivision 3. Other laws notwithstanding, no state agency may issue any permits for the construction or operation of a project for which an environmental impact statement is prepared until the assessed cost for the environmental impact statement has been paid in full. §
Subd. 5.
[Repealed, 1988 c 501 s 9]
History:
1976 c 344 s 3; 1988 c 501 s 5-8; 1990 c 594 art 1 s 55; 2011 c 4 s 9,10; 2017 c 93 art 2 s 140
History: History: 1976 c 344 s 3; 1988 c 501 s 5-8; 1990 c 594 art 1 s 55; 2011 c 4 s 9,10; 2017 c 93 art 2 s 140