MN HF3047

Requires state agencies to consider additional factors when imposing civil penalties, including fines or penalties assessed to similarly situated persons, cooperation and responsiveness of the violator, and prohibits enhancement of penalties because a person contested a violation or asserted a legal right.

Mandates state agencies document in writing how they applied penalty factors in notices, demands, orders, or complaints, and provide this documentation to the affected party at least 30 days before initiating action unless the violation imminently endangers public safety, health, or environment.

Prohibits penalty or settlement agreements from requiring expenditures unrelated to efforts to mitigate or remediate the specific violation unless the party agrees.

Allows affected parties to assert affirmative defenses including prior corrective measures offered by the agency, ability to pay the proposed penalty, and other economic factors affecting compliance feasibility.

Increases the annual revenue threshold for small businesses eligible for fee awards in actions against state agencies from $7,000,000 to $30,000,000, and creates new authority to award fees when an agency's penalty demand substantially exceeds the final decision and is unreasonable under the circumstances.