Dayton Pushes Agencies To Speed Minn. Permit Calls

ST. PAUL, Minn. (AP) -- Minnesota agencies that handle air, water, mining and feedlot permits received orders Monday to speed their decisions, giving word to businesses within 150 days of completed applications and within a month of environmental impact studies.

Democratic Gov. Mark Dayton signed a directive with the timetables, which he said would help the state "move at the speed of commerce." The expedited turnaround is cast as a goal, not a requirement, and applies to the Minnesota Pollution Control Agency and the Department of Natural Resources.

Heads of those agencies said the new goal carries political weight.

"When the boss tells us to do something, we'll do it," said DNR Commissioner Tom Landwehr.

The length of time it takes to get permits has long been a flashpoint in state government and for those who rely on its decisions. More than 10 reports have been issued since 1990 and three major stakeholder efforts to change the environmental review process have deadlocked.

With a couple exceptions, the Dayton order mirrors priority legislation being advanced by Republican legislative majorities. The GOP bills also would give those seeking permits a bigger role in the scientific reviews and send court challenges related to permits directly to the Court of Appeals, bypassing district courts.

Republican leaders said they would press ahead on their legislation even where it overlaps with what Dayton did. They noted the temporary nature of executive orders.

"The parade this year is jobs. The parade this year is regulatory relief. If the governor wants to get into a race with the Legislature on who can do more for regulatory relief, who can do more for job creators, that's great," said Deputy Senate Majority Leader Geoff Michel, R-Edina. "He kind of lapped us today, but we have got some runners built for marathons."

House Majority Leader Matt Dean, R-Dellwood, said he was concerned that Dayton only went part of the way and said the governor "watered down" provisions of the GOP regulatory bills.

"We find his actions today to be counterproductive to the legislative process and his stated commitment to work together on these common-ground issues," Dean said.

Administration officials responded that they offered to collaborate with legislators on the order for more than a week but got no cooperation. Dayton called the order "a bridge" until lasting legislation is approved.

The business lobby has made streamlining the permit process a key piece of its agenda this session. Republicans have also proposed cuts in corporate tax rates and business property taxes in the name of spurring economic growth.

Dayton said his order gives flexibility for complex cases "so that the agencies have the ability when necessary to conduct further review and assure both sound environmental protection and protection of the lives and well-being of all our citizens."

More submissions will be handled electronically, reducing a paperwork shuffle that can slow the process.

A December 2009 report from the Minnesota Pollution Control Agency said projects evaluated by state government took between 44 and 1,825 days in fiscal years 2008 and 2009, with 228 days the median.

The speed depends largely on the project's location, technology being employed and public interest. Regulators say poor responsiveness or faulty data from the entity seeking the permit is a common source of delay.

MPCA Commissioner Paul Aasen said the state's pollution regulator now averages 180 days and has taken up to 600 days to decide on some permits for wastewater, feedlot and other projects.

Under Dayton's order, the agencies must advise the governor in cases where they can't meet the goal. Both commissioners cautioned that they won't be able to expand staff for reviewing permits given the state's financial crunch.

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