Subdivision 1. Human gene therapy. The requirements of sections 116C.91 to 116C.96 and of the rules of the board adopted pursuant to section 116C.94 do not apply to genetic engineering of human germ cells and human somatic cells intended for use in human gene therapy.
Subd. 2. Federal oversight. (a) If the board determines, upon its own volition or at the request of any person, that a federal program exists for regulating the release of certain genetically engineered organisms and the federal oversight under the program is adequate to protect human health or the environment, then any person may release such genetically engineered organisms after obtaining the necessary federal approval and without obtaining a state release permit or a significant environmental permit or complying with the other requirements of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant to section 116C.94.
(b) If the board determines the federal program is adequate to meet only certain requirements of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant to section 116C.94, the board may exempt such releases from those requirements.
(c) A person proposing a release for which a federal authorization is required may apply to the board for an exemption from the board's permit or to a state agency with a significant environmental permit for the proposed release for an exemption from the agency's permit. The proposer must file with the board or state agency a written request for exemption with a copy of the federal application and the information necessary to determine if there is a potential for significant environmental effects under chapter 116D and rules adopted under it. The board or state agency shall give public notice of the request in the first available issue of the EQB Monitor and shall provide an opportunity for public comment on the environmental review process consistent with chapter 116D and rules adopted under it. The board or state agency may grant the exemption if the board or state agency finds that the federal authorization issued is adequate to meet the requirements of chapter 116D and rules adopted under it and any other requirement of the board's or state agency's authority regarding the release of genetically engineered organisms. The board or state agency must grant or deny the exemption within 45 days after the receipt of the written request and the information required by the board or state agency.
(d) This subdivision does not apply to genetically engineered organisms for which an environmental impact statement is required under sections 116C.91 to 116C.96.
1994 c 454 s 12; 2007 c 57 art 1 s 142
Structure Minnesota Statutes
Chapters 114C - 116I — Environmental Protection
Chapter 116C — Environmental Quality Board
Section 116C.02 — Definitions.
Section 116C.03 — Environmental Quality Board; Membership; Chair; Staff.
Section 116C.04 — Powers And Duties.
Section 116C.08 — Federal Funds; Donations.
Section 116C.34 — Bureau Of Business Licenses.
Section 116C.71 — Definitions.
Section 116C.711 — Nuclear Waste Council.
Section 116C.72 — Radioactive Waste Management Facility.
Section 116C.721 — Public Participation.
Section 116C.722 — Legal And Technical Assistance To Indian Tribes.
Section 116C.723 — Consultation And Cooperation Agreement.
Section 116C.724 — Drilling Permits; Access To Test Data; Public Meetings; Negotiations.
Section 116C.73 — Transporting Radioactive Wastes Into State.
Section 116C.731 — Transporting High-level Radioactive Waste.
Section 116C.75 — Definitions.
Section 116C.76 — Nuclear Waste Depository; Release Into Groundwater.
Section 116C.771 — Additional Cask Limitations.
Section 116C.772 — Public Utility Responsibilities.
Section 116C.773 — Contractual Agreement.
Section 116C.774 — Authorization.
Section 116C.775 — Shipment Priorities; Nuclear Plants.
Section 116C.776 — Alternative Cask Technology For Spent Fuel Storage.
Section 116C.779 — Funding For Renewable Development.
Section 116C.7791 — Rebates For Solar Photovoltaic Modules.
Section 116C.7792 — Solar Energy Production Incentive Program.
Section 116C.83 — Authorization For Additional Dry Cask Storage.
Section 116C.831 — Midwest Interstate Low-level Radioactive Waste Compact.
Section 116C.832 — Definitions.
Section 116C.833 — Compact Commission Member.
Section 116C.834 — Assessment Of Generators.
Section 116C.835 — Enforcing Compact And Laws.
Section 116C.836 — Actions Concerning Interstate Commission And Party States.
Section 116C.838 — Effect On Existing State Law.
Section 116C.840 — Duty To Provide Information.
Section 116C.842 — Contingent Provisions.
Section 116C.843 — Congressional Conditions On Compact Consent.
Section 116C.849 — Siting Criteria.
Section 116C.91 — Definitions.
Section 116C.92 — Coordinating Activities.
Section 116C.96 — Cost Reimbursement.
Section 116C.99 — Silica Sand Mining Model Standards And Criteria.
Section 116C.991 — Environmental Review; Silica Sand Projects.