STATE OF MINNESOTA
Office of Governor Mark Dayton
130 State Capitol + 75 Rev. Dr. Martin Luther King Jr. Boulevard ¢ Saint Paul, MN 55155
March 3, 2011
Senator Bill Ingebrigtsen
303 State Capitol Building
75 Rev. Dr. Martin Luther King, Jr. Blvd.
St. Paul, MN 55155
Representative Dan Fabian
431 State Office Building
100 Rev. Dr. Martin Luther King, Jr. Blvd.
St. Paul, MN 55155
Dear Representative Fabian and Senator Ingebrigtsen:
Today I am signing HF.1 out of our shared desire to streamline and improve the
permitting process to help responsible businesses locate or expand in Minnesota and
create new jobs for our citizens. We agree that too many possible business expansions
have been delayed unnecessarily in recent years. Minnesota needs, as my Commissioner
of the Minnesota Pollution Control Agency says, “Permitting at the speed of commerce.”
‘Many of the important features of your legislation are already underway, due to
the Executive Order I signed last January 24" It orders the DNR and MPCA to expedite
their permitting processes and sets timetables for them to complete their processing of
routine, non-controversial reviews. It addresses the concerns raised by the Legislative
Auditor's recent report, which criticizes the agencies’ inconsistent responses.
Your bill provides additional streamlining measures, which only legislation can
address, I support its reducing the time taken for judicial reviews of permitting approvals
by citizens or organizations, who oppose those projects. 1 recognize citizens’ rights to
require those judicial reviews.
This legislation assigns to the Minnesota Court of Appeals the responsibility for
that review. These high-level, three-judge panels can be relied upon to protect our
citizens and our environment from any failures of the permitting process, while reducing
considerably the time this process will take.
Voice: (651) 201-3400 or (800) 657-3717 Faxs (651) 797-1850 MN Relay (800) 627-3529
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Printed on recycled paper containing 15% post consumer material and state government printedSenator Bill Ingebrigtsen
Representative Dan Fabian
March 3, 2011
Page 2
Lhave consulted with the Chief Judge of the Court of Appeals and have been
informed that his Court is able to assume these additional responsibilities. Furthermore,
addressing the concems expressed by some of the need for public access to these
proceedings, the Court of Appeals routinely holds its hearings in numerous cities
throughout Greater Minnesota,
I share the concem of some about assuring the accuracy and integrity of an
Environmental Impact Statement or any other environmental assessment, which is
contracted by a project’s proposer rather than by the Responsible Government Unit
(RGU). However, I also recognize the advantage of this change in reducing the time
associated with an EIS.
‘The Commissioner of the MPCA has assured me that he has the staff and
expertise needed to review and determine the adequacy and veracity of the final products
assigned to his agency. I note also that the legislation does not change either the
authority or the responsibility of the RGU to determine the adequacy of the information it
needs to evaluate the project, and to require whatever additional information it deems
necessary at the developer's expense,
In fact, this bill establishes the proper relationship, in which the project’s
developer is responsible for determining its environmental impacts and for assuming
responsibility in advance for any measures necessary to make them acceptable to the
public, Itis then the role of the Responsible Government Unit, and state permitting
agencies, like MPCA and DNR, to perform their due diligence and assure that all impacts
have been carefully considered, that any necessary mitigations have been incorporated
into the permits issued, and to provide the ongoing monitoring to ensure compliance.‘Senator Bill Ingebrigtsen
Representative Dan Fabian
Match 3, 2011
Page 3
To assure the MPCA’s heightened vigilance over the projects following the
enactment of this legislation, I am preparing an Executive Order that will instruct the
MPCA, the DNR, and any other responsible state authorities to develop and implement
whatever measures are necessary to assure that neither the quality nor the integrity of
ensuing Environmental Impact Statements is compromised, and that there is no
‘weakening of either their or any RGU’s performance of their review and oversight
responsibilities.
By doing so, I will affirm my resolve to do everything necessary to protect
Minnesota’ citizens and environment, while at the same time expediting permitting,
approvals for responsible business projects that will put mote Minnesotans to work.
I thank the bill’s authors for their leadership and for their willingness to work
cooperatively with my administration’s officials and with the Court of Appeals.
Mark Dayton
Governor