reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.21 — Publication; Protests.

110A.21 PUBLICATION; PROTESTS.
Subdivision 1.
Publication requirements.
The petition shall be published in each county in which the lands to be included lie, in a newspaper of general circulation published in the county, once each week for at least two successive weeks before the time the petition is filed with the court together with the list of names of the petitioners and their addresses and land owned. Any owner of land within the area to be included, who did not sign the petition may file a written protest with the court as provided in section 110A.14.
Subd. 2.
Notice; certain cities and districts.
Prior to being filed with the court, a map of the proposed district shall be sent by certified mail to each city with a population of 20,000 or less if the proposed district comes within one-half mile of the city's boundary, each city with a population greater than 20,000 if the proposed district comes within one mile of the city's boundary and to each existing district organized under chapter 116A or Laws 1978, chapter 744, if the new proposed district boundary comes within two miles of the existing system's boundary.
History:
1978 c 744 s 21
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.22 — Approval Of Extension.

110A.22 APPROVAL OF EXTENSION.
(a) Upon receipt of the petition the court shall act upon the petition in the same manner as required upon an original petition to create a district, as set forth in sections 110A.12 to 110A.17.
(b) Upon the approval of the petition, and project and the issuance and filing of the certificate of approval in the Office of the Secretary of State and filing a copy in the office of the county auditor of each county in which any lands in which the district is located, the included areas shall be part of the district.
History:
1978 c 744 s 22
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.23 — Members; Election; Terms.

110A.23 MEMBERS; ELECTION; TERMS.
After the election of the board of directors members of the board to succeed those elected in the initial election provided for in section 110A.08, respectively, and to fill unexpired terms, shall be nominated and elected and shall take office in the following manner. One year from the date of the initial election an election shall be held to elect directors to succeed those whose terms are about to expire. The term of each director thus elected shall commence two weeks after the director's election and continue for three years and until a successor is elected and qualified. Election of directors shall be conducted as provided by section 110A.24.
History:
1978 c 744 s 23; 1986 c 444
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.24 — Election; Time, Place, Purpose, Rules.

110A.24 ELECTION; TIME, PLACE, PURPOSE, RULES.
Subdivision 1.
Election time, place.
The board of directors of the district shall fix the hour and place, within the boundaries of the district, of each election and shall preside. If the district is divided into election divisions, the board in its discretion may fix a place of election within each election division, and the directors who represent that division shall preside.
Subd. 2.
Eligible voters.
Every person or corporation which is a party to a contract with the district for the purchase of water to be furnished by the district, may cast one vote at each election for each director to be elected. In case election divisions are provided for, each person or corporation entitled to vote by reason of being a party to a contract shall select the division in which the person or corporation shall vote, which selection shall be made under rules established by the board of directors.
Subd. 3.
Notice to eligible voters.
The board shall at least 20 days prior to the date of election, mail to each person or corporation entitled to vote, at the person's or corporation's last known place of residence or business, a notice stating the time, place, and purpose of the election or, in the alternative, publish in each county in which lands within the district lie, in a newspaper of general circulation in the county, once each week for at least two successive weeks before the time of election, a notice that the election will be held giving the purpose, time and place.
Subd. 4.
Voting procedure.
At the hour and place of the election, the presiding directors shall call the roll of those entitled to vote, and the number of votes to which each is entitled. They shall make a record of the qualified voters present and prescribe the manner of casting ballots and canvassing votes. If election divisions are provided for, but the election is held at one place within the district instead of being held in each division, the board shall call the roll for each division and conduct the election for each division separately. All costs incident to the election of directors shall be paid by the district.
Subd. 5.
Declaring winner.
The candidate for director required to fill an existing vacancy or to succeed an outgoing director who receives the highest number of votes cast shall be declared elected.
History:
1978 c 744 s 24; 1986 c 444
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.25 — Directors.

110A.25 DIRECTORS.
Subdivision 1.
Qualification.
No person shall be qualified to hold office as a member of the board of directors of any district unless that person is a party to a contract to purchase water from the district.
Subd. 2.
Vacancies.
Vacancies on the board by reason of death, disability, failure to hold land in the district, or in the election division if election divisions are provided for, or otherwise shall be filled by the board of directors. The members elected to fill vacancies shall serve until members to fill out the remainder of the terms may be elected at the next succeeding district election.
Subd. 3.
Compensation.
Members of the board of directors shall be paid their actual expenses while engaged in performing the duties of their office or otherwise engaged upon the business of the district. In addition they shall receive as compensation for services at rates determined by qualified voters at an annual meeting.
History:
1978 c 744 s 25; 1986 c 444
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.26 — Officers And Executive Committee; Surety Bond.

110A.26 OFFICERS AND EXECUTIVE COMMITTEE; SURETY BOND.
Subdivision 1.
Electing officers; appointing executive committee.
The board of directors shall elect the officers of the district who shall be a president, a vice-president, a secretary and a treasurer. The board shall appoint an executive committee and other officers, agents, and employees as necessary to transact the business of the district. The president, vice-president, and treasurer shall be elected from the membership of the board of directors.
Subd. 2.
Treasurer's bond.
The treasurer shall furnish and maintain a corporate surety bond in an amount sufficient to cover all moneys coming into the treasurer's possession or control, which shall be satisfactory in form and with sureties approved by the board. The bond, as approved, shall be filed with the secretary of state, and copies filed with the auditors of counties within the district and the premium upon the bond paid by the district.
History:
1978 c 744 s 26; 1986 c 444
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.27 — Corporate Powers; Rules, Minutes, Books, Records.

110A.27 CORPORATE POWERS; RULES, MINUTES, BOOKS, RECORDS.
Subdivision 1.
Powers exercised by board.
The corporate powers of the district shall be exercised by the board of directors of the district.
Subd. 2.
Rules; minutes; public books; records.
The board of directors may adopt rules and regulations or bylaws, consistent with sections 110A.01 to 110A.36, for the conduct of the business and affairs of the district. The board of directors shall cause to be kept accurate minutes of their meetings and accurate records and books of account, conforming to approved methods of bookkeeping, clearly setting out and reflecting the entire operation, management, and business of the district. The books and records shall be kept at the principal place of business of the district and at reasonable business hours always open to public inspection.
History:
1978 c 744 s 27
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.29 — Contracts For Public Works, Buildings, Materials.

110A.29 CONTRACTS FOR PUBLIC WORKS, BUILDINGS, MATERIALS.
Subdivision 1.
Cost estimate.
Before a district shall enter into a contract for the construction, alteration, extension, or improvement of works, or any part or section thereof, or a building for the use of the district, or for the purchase of materials, machinery, or apparatus, the district shall cause estimates of the cost to be made by a competent engineer or engineers, and if the estimated cost exceeds $10,000 no contract shall be entered into for a price, cost or consideration exceeding the estimate nor without advertising for sealed bids.
Subd. 2.
Board supervises bidding.
Prior to advertisement, plans and specifications for the proposed construction work or materials shall be prepared and filed at the principal office or place of business of the district. The advertisement shall designate the nature of construction work proposed to be done or materials proposed to be purchased. The board shall supervise bid lettings by water user districts.
History:
1978 c 744 s 29
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.30 — Debt.

110A.30 DEBT.
(a) The district may borrow money and incur indebtedness by issuing its obligations or entering into contracts for any lawful corporate purpose; provided that all such obligations and contracts, whether express or implied, shall be payable solely:
(1) from revenues, income, receipts and profits derived by the district from its operation and management of systems;
(2) from the proceeds of warrants, notes, revenue bonds, debentures, or other evidences of indebtedness issued and sold by the district which are payable solely from such revenues, income, receipts and profits; or
(3) from federal or state grant gifts or other moneys received by the district which are available therefor.
(b) The district may by resolution pledge any such source to the payment of such obligations and contracts and the interest coming due thereon. Any resolution may specify the particular revenues that are pledged and the terms and conditions to be performed by the district and the rights of the holders of district obligations, and may provide for priorities of liens in any revenues as between the holders of district obligations issued at different times or under different resolutions. The district may provide for the refunding of any district obligation through the issuance of other district obligations, entitled to rights and priorities similar in all respects to those held by the obligations that are refunded. All such obligations and refunding obligations shall be issued in accordance with the provisions of chapter 475, except that such obligations may be sold by negotiation.
History:
1978 c 744 s 30
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.31 — Service Charges.

110A.31 SERVICE CHARGES.
Subdivision 1.
Water charge.
The directors of the district are authorized to agree with the holders of district obligations as to the maximum or minimum amounts which the district shall charge and collect for water sold by the district.
Subd. 2.
Authority to set prices and make contracts.
The directors of the district are authorized to fix and establish the prices, rates and charges at which any and all services, products, resources and facilities made available under the provisions of sections 110A.01 to 110A.36 shall be sold and disposed of; to enter into any and all contracts and agreements, and to do any and all things which in its judgment are necessary, convenient or expedient for the accomplishment of any and all the purposes and objectives of sections 110A.01 to 110A.36, under the general regulations and upon the terms, limitations and conditions it shall prescribe; and the directors shall enter into contracts and fix and establish prices, rates and charges so as to provide at all times funds which will be sufficient to pay all costs of operation and maintenance of any and all of the works and systems authorized by sections 110A.01 to 110A.36, together with necessary repairs thereto, and which will provide at all times sufficient funds to meet and pay the principal and interest of all obligations and other evidences of indebtedness of the district when due. Nothing in sections 110A.01 to 110A.36 shall authorize any change, alteration or revision of rates, prices or charges established by any contract entered into under authority of sections 110A.01 to 110A.36 except as provided by the contract.
Subd. 3.
Default remedies.
Every contract made by the board for the sale, conveyance and distribution of water, use of water, water storage, or other service, or for the sale of any property or facilities, shall provide that in the event of any failure or default in the payment of any money specified in the contract to be paid to the board, the board may, upon notice as shall be prescribed in the contract, terminate the contract and all obligations thereunder. The act of the board in ceasing on a default to furnish or deliver water, use of water, or water storage, under a contract shall not deprive the board of, or limit any remedy provided by the contract or by law for the recovery of money due or which may become due under the contract.
History:
1978 c 744 s 31
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.32 — Disbursements; Fiscal Year; Audits.

110A.32 DISBURSEMENTS; FISCAL YEAR; AUDITS.
Subdivision 1.
Approval requirements.
Money of the district shall be paid only upon approval of the board of directors and by warrant or other instrument in writing signed by the president and by the treasurer of the district. In case of the death, absence, or other disqualification of the president, the vice-president shall sign warrants or other instruments.
Subd. 2.
Calendar fiscal year; audit.
The fiscal year of the district shall coincide with the calendar year. The board of directors, at the close of each year's business, shall cause an audit of the books, records and financial affairs of the district to be made by an experienced certified public accountant, copies of a written report of which audit, certified to by the auditors, shall be placed and kept on file at the principal place of business of the district and shall be filed with the secretary of state.
History:
1978 c 744 s 32; 2010 c 191 s 3
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.33 — Works; Ownership; Sale.

110A.33 WORKS; OWNERSHIP; SALE.
Subdivision 1.
Disposition requirements.
No water supply works owned by the district shall be sold, alienated, or mortgaged by the district, except under the circumstances described by this section.
Subd. 2.
Board resolution; special election.
If in the judgment of the board of directors it is for the best interest of the district to sell any portion of the district works not needed for the performance of any outstanding contract, and not mortgaged or pledged as provided for in subdivision 3, the board shall pass a resolution to that effect. The board shall call a special election at which the question of selling the portion of the works shall be submitted to the electors of the district qualified to vote for district directors. The board shall mail to each qualified elector, at the last known place of residence or place of business of the elector, a notice stating the time, place, and purpose of the election, and so far as practicable shall conduct the election in all other respects as provided in section 110A.24. If a majority of all qualified electors of the district vote "yes," the board may sell the portion of the works.
Subd. 3.
Mortgage; pledge; no state pledge.
If, in order to borrow money from the federal government or from any of its agencies, or from the state, it is necessary that the district mortgage or otherwise pledge any or all of its property to secure the payment of loans made to it, the district may mortgage or pledge property and assets for the purpose. Nothing in this section shall prevent the district from assigning, pledging, or otherwise legally committing its revenues, incomes, receipts, or profits to secure the payment of indebtedness to the federal government or any agency thereof, or the state. The state shall never pledge its credit or funds, or any part thereof, for the payment or settlement of any indebtedness or obligation whatsoever of any district created under the provisions of sections 110A.01 to 110A.36. Nothing in sections 110A.01 to 110A.36 authorizes any agency of the state to make loans to a district, unless the agency is otherwise authorized by law.
History:
1978 c 744 s 33; 1986 c 444
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.34 — Foreclosure.

110A.34 FORECLOSURE.
If any district created under sections 110A.01 to 110A.36 shall execute and deliver a mortgage or trust deed to secure the payment of any money borrowed by it for the purposes herein authorized, it may be provided in the mortgage or trust deed that it may be foreclosed upon default and a receiver may be appointed with the authority provided in the mortgage or trust deed.
History:
1978 c 744 s 34
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.35 — Dissolution.

110A.35 DISSOLUTION.
Subdivision 1.
Dissolution requirements.
Any district may be dissolved by authorization of a majority vote of the electors, qualified to vote for district directors, voting thereon at a special election called by the board of directors for that purpose, notice of which shall be mailed to each qualified elector at least 20 days prior to the date of the election and the procedure for which shall conform as nearly as may be to the procedure provided in section 110A.24, for the election of directors. The district shall discharge its obligations before dissolution. The board may liquidate noncash assets prior to dissolution.
Subd. 2.
Time of effect; filing.
Dissolution shall be completed upon resolution of the board of directors canvassing the vote and declaring that a majority of the qualified electors voting thereon have voted in favor of dissolution. A verified copy of the resolution shall be filed in the Office of the Secretary of State and with the auditors of counties within the district.
Subd. 3.
Applications for appropriating water.
In case of dissolution all applications for appropriation of water shall be canceled and all rights of the district in applications shall end.
History:
1978 c 744 s 35
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.36 — Final Order On Petition.

110A.36 FINAL ORDER ON PETITION.
Any party aggrieved by a final order issued pursuant to section 110A.12 which approves or dismisses a petition or which refuses or establishes a project or a district, may appeal as in other civil cases. The appeal shall be made and perfected within 30 days after the filing of the order.
History:
1978 c 744 s 36; 1983 c 247 s 46
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114C — Environmental Regulatory Innovations › Section 114C.01 — Policy.

114C.01 POLICY.
The legislature recognizes that Minnesota's existing environmental laws play a critical role in protecting the environment. However, the legislature finds that environmental protection could be further enhanced by authorizing innovative advances in environmental regulatory methods. It is the policy of the legislature that Minnesota should develop environmental regulatory methods that:
(1) encourage facility owners and operators to assess the pollution they emit or cause, directly and indirectly, to the air, water, and land;
(2) encourage facility owners and operators to innovate, set measurable and verifiable goals, and implement the most effective pollution prevention, source reduction, or other pollution reduction strategies for their particular facilities, while complying with verifiable and enforceable pollution limits;
(3) encourage superior environmental performance and continuous improvement toward sustainable levels of resource usage and minimization of pollution discharges;
(4) reward facility owners and operators that reduce pollution to levels below what is required by applicable law;
(5) consolidate into one permit environmental requirements that are currently included in different permits, sometimes issued by different state or local agencies;
(6) reduce the time and money spent by agencies and facility owners and operators on paperwork and other administrative tasks that do not benefit the environment;
(7) increase public participation and encourage stakeholder consensus in the development of innovative environmental regulatory methods and in monitoring the environmental performance of projects under this chapter;
(8) encourage groups of facilities and communities to work together to reduce pollution to levels below what is required by applicable law;
(9) provide reasonable technical assistance to facilitate meaningful stakeholder participation; and
(10) increase levels of trust and communication among agencies, regulated parties, and the public.
History:
1996 c 437 s 1
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114C — Environmental Regulatory Innovations › Section 114C.02 — Definitions.

114C.02 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of this chapter, the definitions in this section have the meanings given them.
Subd. 2.
Pollution prevention.
"Pollution prevention" has the meaning given in section 115D.03.
Subd. 3.
Source reduction.
"Source reduction" has the meaning given in section 115A.03.
Subd. 4.
Stakeholders.
"Stakeholders" means citizens in the communities near the project site, facility workers, government representatives, business groups, educational groups, environmental groups, or other Minnesota citizens or public interest groups.
Subd. 5.
State or local agency.
"State or local agency" means any agency, department, board, bureau, office or other instrumentality of the state, any political subdivision of the state, any public corporation, any municipality, and any other local unit of government.
History:
1996 c 437 s 2
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114C — Environmental Regulatory Innovations › Section 114C.10 — Establishing Minnesota Xl Permit Project.

114C.10 ESTABLISHING MINNESOTA XL PERMIT PROJECT.
Subdivision 1.
Project.
The Pollution Control Agency is authorized to establish and implement a permit project under sections 114C.10 to 114C.19. The purpose of the project is to work toward the policy goals listed in section 114C.01 by issuing and studying the effect of permits that require permittees to reduce overall levels of pollution below what is required by applicable law, but which grant greater operational flexibility than current law would otherwise allow. Permits issued under this project shall be called Minnesota XL permits.
Subd. 2.
Report to legislature.
By January 15, 1998, the commissioner of the Pollution Control Agency shall report to the legislature on implementation of the project, the environmental results of the project, and recommendations for future legislation to further the policy of this chapter.
History:
1996 c 437 s 3
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114C — Environmental Regulatory Innovations › Section 114C.13 — Fees.

114C.13 FEES.
Minnesota XL permittees shall continue to be subject to the same fee structures they would have been subject to if they had obtained the permits that the Minnesota XL permit replaces.
History:
1996 c 437 s 6
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114C — Environmental Regulatory Innovations › Section 114C.14 — Enforcement And Judicial Review.

114C.14 ENFORCEMENT AND JUDICIAL REVIEW.
Subdivision 1.
Enforcement.
A Minnesota XL permit may be enforced in any manner provided by law for the enforcement of permits issued under chapter 115 or 116, except for requirements of other state or local agencies that are included in the permit and except that the defense in section 609.671, subdivision 14, also applies to any misdemeanor action taken under section 115.071, subdivision 2, paragraph (a). Requirements of other state or local agencies may be enforced using whatever authorities would be available if the requirements had been included in permits, licenses, or other approvals issued directly by the other agencies. The other agencies shall consult with the commissioner of the Pollution Control Agency prior to taking any action enforcing a Minnesota XL permit.
Subd. 2.
Judicial review.
Any person aggrieved by a final decision of the Pollution Control Agency to issue, amend, or revoke a Minnesota XL permit may obtain judicial review pursuant to sections 14.63 to 14.69.
History:
1996 c 437 s 7
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114C — Environmental Regulatory Innovations › Section 114C.19 — Variances That Promote Pollution Reductions Or Reduce Unnecessary Administrative Burden.

114C.19 VARIANCES THAT PROMOTE POLLUTION REDUCTIONS OR REDUCE UNNECESSARY ADMINISTRATIVE BURDEN.
In addition to the grounds for granting a variance set forth in section 116.07, subdivision 5, the Pollution Control Agency may grant variances from its rules in order to:
(1) promote reduction in overall levels of pollution beyond what is required by applicable law, consistent with the purposes of this chapter; or
(2) reduce the administrative burden on the agency or the permittee, provided that alternative monitoring, testing, notification, record-keeping, or reporting requirements will provide the information needed by the agency to ensure compliance.
History:
1996 c 437 s 8
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114C — Environmental Regulatory Innovations › Section 114C.20 — Environmental Improvement Program.

114C.20 ENVIRONMENTAL IMPROVEMENT PROGRAM.
An environmental improvement program is established to promote voluntary compliance with environmental requirements.
History:
1995 c 168 s 8; 1996 c 437 s 24; 1999 c 158 s 1; 2000 c 260 s 94
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114C — Environmental Regulatory Innovations › Section 114C.23 — Review Of Performance Schedules.

114C.23 REVIEW OF PERFORMANCE SCHEDULES.
(a) A reasonable performance schedule prepared under section 114C.22, subdivision 2, clause (4), must be approved by the commissioner. In reviewing the reasonableness of a performance schedule, the commissioner shall take into account information supplied by the regulated entity, any public comments, and information developed by agency staff. The decision about whether a performance schedule is reasonable must be based on the following factors:
(1) the nature of the violations;
(2) the environmental and public health consequences of the violations;
(3) the economic circumstances of the facility;
(4) the availability of equipment and material; and
(5) the time needed to implement pollution prevention opportunities as an alternative to pollution control approaches to remedying the violations. Information submitted to the commissioner that is trade secret information, as that term is defined in section 13.37, is nonpublic data under chapter 13.
(b) In the event of a dispute over approval of the performance schedule, the regulated entity may request a hearing under the procedures in Minnesota Rules, parts 1400.8510 to 1400.8612. A performance schedule may be amended by written agreement between the commissioner and the regulated entity.
History:
1995 c 168 s 12; 1996 c 437 s 24; 2000 c 260 s 94
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114C — Environmental Regulatory Innovations › Section 114C.25 — Green Star Award.

114C.25 GREEN STAR AWARD.
(a) A regulated entity may display at a facility a "green star" award designed by the commissioner if:
(1) the regulated entity qualifies for participation in the environmental improvement program under section 114C.22;
(2) the scope of the regulated entity's audit examines the facility's compliance with applicable environmental requirements;
(3) the regulated entity certifies that all violations that were identified in the audit of the facility were corrected within 90 days or within the time specified in an approved performance schedule or certifies that no violations were identified in the audit; and
(4) at least two years have elapsed since the final resolution of an enforcement action involving the regulated entity.
(b) After consulting with each other, however, the commissioner or the county may issue an award if the enforcement action resulted from minor violations. If the regulated entity is located in a metropolitan county, the commissioner and the county must also consult with the Metropolitan Council before issuing a green star award.
(c) The award may be displayed for a period of two years from the time that the commissioner determines that the requirements of this section have been met. A facility submitting findings from its environmental management system is not eligible to receive an award unless the findings are part of an audit which examines the facility's compliance with applicable environmental requirements.
History:
1995 c 168 s 14; 1996 c 437 s 24; 1999 c 158 s 11; 2000 c 260 s 94
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114C — Environmental Regulatory Innovations › Section 114C.26 — Access To Documents.

114C.26 ACCESS TO DOCUMENTS.
Subdivision 1.
Public access.
(a) After receipt by the commissioner of a report that complies with section 114C.22, subdivision 2, the state may not request, inspect, or seize a final audit report, draft audit papers, the notes or papers prepared by the auditor or the person conducting the audit, or the internal documents of a regulated entity establishing, coordinating, or responding to the audit, other than the report required in section 114C.22, subdivision 2, provided that the regulated entity is in compliance with its commitments under sections 114C.22 and 114C.23.
(b) This subdivision does not restrict the ability of the state to seek monitoring, testing, or sampling data, or information about the location or nature of spills, releases, or threatened releases related to a suspected violation even if the information is contained in an audit report, draft audit papers, or other document protected under this subdivision.
Subd. 2.
Third-party access.
After receipt by the commissioner of a report that complies with section 114C.22, subdivision 2, the final audit report, draft audit reports, any notes or papers prepared by the auditor or by the person conducting the audit, and the internal documents of a regulated entity establishing, coordinating, or responding to the audit covered by the report are privileged as to all persons other than the state provided that the regulated entity is in compliance with its commitments under sections 114C.22 and 114C.23.
Subd. 3.
Nonwaiver of protections.
Participation by a regulated entity in the environmental improvement program does not waive, minimize, reduce, or otherwise adversely affect the level of protection or confidentiality that exists, under current or developing common or statutory law, with respect to any other documents relating to an environmental audit.
Subd. 4.
Exceptions.
Nothing in this section or any policy or rule adopted by the agency on environmental auditing shall limit the ability of:
(1) the state to seek any information that the state deems necessary to investigate, prevent, or respond to a situation that presents an imminent and substantial endangerment to human health or the environment;
(2) the state to seek any information the state deems necessary to respond to a continuing violation of any environmental requirement;
(3) the state to seek information as part of a criminal investigation; or
(4) the federal government to seek any information it is authorized to obtain under federal law.
History:
1995 c 168 s 15; 1996 c 437 s 24; 1999 c 158 s 12; 2000 c 260 s 94
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114C — Environmental Regulatory Innovations › Section 114C.27 — No Effect On Other Rights.

114C.27 NO EFFECT ON OTHER RIGHTS.
Sections 114C.20 to 114C.28 do not affect, impair, or alter:
(1) rights of a regulated entity that chooses not to participate, or is not eligible to participate, in the environmental improvement program; or
(2) rights of other persons relative to the matters addressed by the environmental improvement program.
History:
1995 c 168 s 16; 1996 c 437 s 24; 1999 c 158 s 13; 2000 c 260 s 94
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114C — Environmental Regulatory Innovations › Section 114C.28 — Reporting Required By Law.

114C.28 REPORTING REQUIRED BY LAW.
Nothing in sections 114C.20 to 114C.28 alters the obligation of any regulated entity to report releases, violations, or other matters that are required to be reported by state or federal law, rule, permit, or enforcement action.
History:
1995 c 168 s 17; 1996 c 437 s 24; 1999 c 158 s 14; 2000 c 260 s 94
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114D — Clean Water Legacy Act › Section 114D.10 — Legislative Purpose And Findings.

114D.10 LEGISLATIVE PURPOSE AND FINDINGS.
Subdivision 1.
Purpose.
The purpose of the Clean Water Legacy Act is to protect, enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater from degradation, by providing authority, direction, and resources to achieve and maintain water quality standards for groundwater and surface waters, including the standards required by section 303(d) of the federal Clean Water Act, United States Code, title 33, section 1313(d), and other applicable state and federal regulations.
Subd. 2.
Findings.
The legislature finds that:
(1) there is a close link between protecting, enhancing, and restoring the quality of Minnesota's groundwater and surface waters and the ability to develop the state's economy, enhance its quality of life, and protect its human and natural resources;
(2) achieving the state's water quality goals will require long-term commitment and cooperation by all state and local agencies, and other public and private organizations and individuals, with responsibility and authority for water management, planning, and protection; and
(3) all persons and organizations whose activities affect the quality of waters, including point and nonpoint sources of pollution, have a responsibility to participate in and support efforts to achieve the state's water quality goals.
History:
2006 c 251 s 3; 1Sp2011 c 6 art 2 s 13
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114D — Clean Water Legacy Act › Section 114D.35 — Public And Stakeholder Participation; Scientific Review; Education.

114D.35 PUBLIC AND STAKEHOLDER PARTICIPATION; SCIENTIFIC REVIEW; EDUCATION.
Subdivision 1.
Public and stakeholder participation.
(a) Public agencies and private entities involved in implementing this chapter must encourage participation by the public and stakeholders, including local citizens, landowners, land managers, and public and private organizations.
(b) In particular, the commissioner of the Pollution Control Agency must make reasonable efforts to provide timely information to the public and to stakeholders about impaired waters that have been identified by the agency and to inform and consult with the public and stakeholders in developing a WRAPS or TMDL.
(c) Public agencies and private entities using public funds that are involved in implementing restoration and protection identified in a comprehensive watershed management plan or comprehensive local water management plan must make efforts to inform, consult, and involve the public and stakeholders.
(d) The commissioner of the Pollution Control Agency and the Board of Water and Soil Resources must coordinate public and stakeholder participation in consultation with local government units. To the extent practicable, implementation of this chapter must be accomplished in cooperation with local, state, federal, and tribal governments and private-sector organizations.
Subd. 2.
Expert scientific advice.
The Clean Water Council and public agencies and private entities shall make use of available public and private expertise from educational, research, and technical organizations, including the University of Minnesota and other higher education institutions, to provide appropriate independent expert advice on models, methods, and approaches used in identifying degraded groundwater and impaired waters, developing TMDLs, and implementing prevention and restoration.
Subd. 3.
Education.
The Clean Water Council must develop strategies for informing, educating, and encouraging the participation of citizens, stakeholders, and others regarding this chapter. Public agencies are responsible for implementing the strategies.
History:
2006 c 251 s 8; 1Sp2011 c 6 art 2 s 20; 1Sp2019 c 4 art 5 s 18,19
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114D — Clean Water Legacy Act › Section 114D.47 — Nonpoint Funding Alternative.

114D.47 NONPOINT FUNDING ALTERNATIVE.
Notwithstanding section 114D.50, subdivision 3a, the Board of Water and Soil Resources may, by board order, establish alternative timelines or content for the priority funding plan for nonpoint sources under section 114D.50, subdivision 3a, and may use information from comprehensive watershed management plans or comprehensive local water management plans to estimate or summarize costs.
History:
1Sp2019 c 4 art 5 s 20
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114E — Uniform Environmental Covenants Act › Section 114E.05 — Definitions.

114E.05 DEFINITIONS.
Subdivision 1.
Scope.
For the purposes of this chapter, the definitions in this subdivision have the meanings given.
Subd. 2.
Activity and use limitations.
"Activity and use limitations" means restrictions or obligations with respect to real property that are associated with an environmental response project.
Subd. 3.
Common interest community.
"Common interest community" means a common interest community as defined in chapter 515B.
Subd. 4.
Environmental agency.
"Environmental agency" means the Pollution Control Agency, Agriculture Department, or another state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.
Subd. 5.
Environmental covenant.
"Environmental covenant" means a servitude created under this chapter that imposes activity and use limitations.
Subd. 6.
Environmental response project.
"Environmental response project" means a plan or work performed to clean up, eliminate, investigate, minimize, mitigate, or prevent the release or threatened release of contaminants affecting real property in order to protect public health or welfare or the environment, including:
(1) response or corrective actions under federal or state law, including chapters 115B, 115C, 115E, and 116, and the Comprehensive Environmental Response, Compensation and Liability Act, United States Code, title 44, section 9601, et seq.;
(2) corrective actions or response to agricultural chemical incidents under chapters 18B, 18C, 18D, and 18E; and
(3) closure, contingency, or corrective actions required under rules or regulations applicable to waste treatment, storage, or disposal facilities or to above or below ground tanks.
Subd. 7.
Holder.
"Holder" means any person identified as a holder of an environmental covenant as specified in section 114E.10, paragraph (a).
Subd. 8.
Person.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, political subdivision or special purpose unit of government, agency, or instrumentality of the state or federal government, or any other legal or commercial entity.
Subd. 9.
Record.
"Record," used as a noun, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Subd. 10.
Recorded.
"Recorded" means recorded with the county recorder or registrar of title, as applicable, in each county where the real property is located.
Subd. 11.
State.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
History:
2007 c 131 art 1 s 60
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114E — Uniform Environmental Covenants Act › Section 114E.15 — Contents Of Environmental Covenant.

114E.15 CONTENTS OF ENVIRONMENTAL COVENANT.
(a) An environmental covenant must:
(1) state on its first page that the instrument is an environmental covenant executed pursuant to this chapter;
(2) contain a legally sufficient description of the real property subject to the covenant;
(3) describe the activity and use limitations on the real property;
(4) identify every holder;
(5) be signed and acknowledged by the environmental agency, every holder, and every owner of the fee simple title to the real property subject to the covenant; and
(6) identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.
(b) In addition to the information required by paragraph (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including any:
(1) requirements for notice of any transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for, or proposals for any site work affecting the contamination or the environmental response project on, the real property subject to the covenant;
(2) requirements for periodic reporting describing compliance with the covenant;
(3) rights of access to the real property granted in connection with implementation or enforcement of the covenant;
(4) a brief narrative description of the contamination and environmental response project, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;
(5) limitation on amendment or termination of the covenant in addition to those contained in sections 114E.40 and 114E.45;
(6) rights of the holder in addition to its right to enforce the covenant pursuant to section 114E.50; and
(7) waiver of a party's right to consent to the amendment or termination of a covenant under section 114E.45, paragraph (a), clause (3).
(c) The environmental agency may set reasonable conditions for its approval of an environmental covenant, including:
(1) requiring that persons specified by the agency that have interests in the real property also sign the covenant;
(2) requiring that a person who holds a prior interest in the real property subject to the covenant agree to subordinate that interest where applicable; and
(3) requiring the inclusion within the text of the covenant information, restrictions, or requirements as described in paragraph (b).
History:
2007 c 131 art 1 s 62
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114E — Uniform Environmental Covenants Act › Section 114E.20 — Validity; Effect On Other Instruments.

114E.20 VALIDITY; EFFECT ON OTHER INSTRUMENTS.
(a) An environmental covenant created under this chapter runs with the land.
(b) An environmental covenant that is otherwise effective is valid and enforceable even if:
(1) it is not appurtenant to an interest in real property;
(2) it can be or has been assigned to a person other than the original holder;
(3) it is not of a character that has been recognized traditionally at common law;
(4) it imposes a negative burden;
(5) it imposes an affirmative obligation on a person having an interest in the real property or on the holder;
(6) the benefit or burden does not touch or concern real property;
(7) there is no privity of estate or contract;
(8) the holder dies, ceases to exist, resigns, or is replaced; or
(9) the owner of an interest in the real property subject to the environmental covenant and the holder are the same person.
(c) Any instrument that imposes activity and use limitations, including any conservation easement, declaration, restrictive covenant, or similar instrument created before July 1, 2007, remains valid and enforceable as provided in the law under which it was created. This chapter does not apply in any other respect to such an instrument.
(d) This chapter does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under the law of this state.
History:
2007 c 131 art 1 s 63
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114E — Uniform Environmental Covenants Act › Section 114E.25 — Relationship To Other Land Use Law.

114E.25 RELATIONSHIP TO OTHER LAND USE LAW.
(a) This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant.
(b) An environmental covenant may prohibit or restrict uses of real property which are authorized by zoning or by law other than this chapter.
(c) An environmental agency that exercises authority under law other than this chapter to require as part of an environmental response project the performance of a response or corrective action that would not otherwise be an authorized use of real property under zoning or other real property law or prior recorded instruments may include such requirement as an affirmative obligation in an environmental covenant.
History:
2007 c 131 art 1 s 64
2023 Minnesota Statutes › Chapters 114C - 116I — Environmental Protection › Chapter 114E — Uniform Environmental Covenants Act › Section 114E.30 — Notice.

114E.30 NOTICE.
(a) A copy of an environmental covenant, and any amendments or notices of termination thereof, must be provided by the persons and in the manner required by the environmental agency to:
(1) each person that signed the covenant or their successor or assign;
(2) each person holding a recorded interest in the real property subject to the covenant;
(3) each person in possession of the real property subject to the covenant;
(4) each political subdivision in which real property subject to the covenant is located; and
(5) any other person the environmental agency requires.
(b) The validity of a covenant is not affected by failure to provide a copy of the covenant as required under this section.
History:
2007 c 131 art 1 s 65