Minnesota 2025-2026 Regular Session

Minnesota House Bill HF1197 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to mining; prohibiting environmental review and the issuance of nonferrous
3	3	1.3 sulfide ore mining permits, licenses, or leases to bad actors; proposing coding for
4	4	1.4 new law in Minnesota Statutes, chapter 93.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. [93.005] NONFERROUS SULFIDE ORE ENVIRONMENT AL REVIEW,
7	7	1.7PERMITS, LICENSES, AND LEASES; BAD ACTORS.
8	8	1.8 Subdivision 1.Disclosure statement.(a) A person subject to environmental review
9	9	1.9relating to a proposed nonferrous sulfide ore project or a person submitting an application
10	10	1.10to obtain, renew, assign, modify, amend, or transfer a permit, license, or lease needed to
11	11	1.11mine nonferrous sulfide ore under this chapter or other chapters administered by the
12	12	1.12commissioner or the commissioner of the Minnesota Pollution Control Agency must submit
13	13	1.13a disclosure statement according to paragraph (b) to the commissioner or the commissioner
14	14	1.14of the Minnesota Pollution Control Agency, as applicable, before beginning to prepare the
15	15	1.15environmental assessment worksheet, environmental impact statement, or environmental
16	16	1.16review or when the application is submitted.
17	17	1.17 (b) A disclosure statement must include:
18	18	1.18 (1) in the case of an individual, the full name and business address of the individual;
19	19	1.19 (2) in the case of a business:
20	20	1.20 (i) the full name and business address of any officers, directors, partners, or key
21	21	1.21employees of the business;
22	22	1Section 1.
23	23	REVISOR CKM/KR 25-0271001/29/25
24	24	State of Minnesota
25	25	This Document can be made available
26	26	in alternative formats upon request
27	27	HOUSE OF REPRESENTATIVES
28	28	H. F. No. 1197
29	29	NINETY-FOURTH SESSION 2.1 (ii) the full name and business address of all individuals or entities holding equity in or
30	30	2.2debt liability of the business or, if the business is a publicly traded corporation, all individuals
31	31	2.3or entities holding more than five percent of the equity in or debt liability of the business;
32	32	2.4and
33	33	2.5 (iii) the full name and business address of any parent, subsidiary, or affiliate of the
34	34	2.6business;
35	35	2.7 (3) the full name and business address of all officers, directors, or partners of any business
36	36	2.8disclosed in the statement and the names and addresses of all individuals or entities holding
37	37	2.9equity in or debt liability of any disclosed business or, if the business is a publicly traded
38	38	2.10corporation, all individuals or entities holding more than five percent of the equity in or
39	39	2.11debt liability of the business;
40	40	2.12 (4) a listing and explanation of any charge, indictment, conviction, or settlement for
41	41	2.13violating a state, federal, Tribal, or foreign environmental or natural resources law or
42	42	2.14regulation related to mining against a person identified under clauses (1) to (3) in the 15
43	43	2.15years immediately preceding submission of the disclosure statement;
44	44	2.16 (5) a listing and explanation of any consent decree, consent agreement and final order,
45	45	2.17stipulated penalty, administrative order on consent, or nonmonetary sanctions in connection
46	46	2.18with a civil administrative action or civil judicial action for violating an environmental or
47	47	2.19natural resources law or regulation against a person identified under clauses (1) to (3) in
48	48	2.20the 15 years immediately preceding submission of the disclosure statement;
49	49	2.21 (6) a listing and explanation of any charge, indictment, conviction, or settlement for
50	50	2.22violating a state, federal, Tribal, or foreign law against bribery or corruption, including but
51	51	2.23not limited to the federal Foreign Corrupt Practices Act, against a person identified under
52	52	2.24clauses (1) to (3) in the 15 years immediately preceding submission of the disclosure
53	53	2.25statement;
54	54	2.26 (7) a listing and explanation of any civil or administrative sanctions or fines for
55	55	2.27noncompliance with environmental laws and regulations, Occupational Safety and Health
56	56	2.28Administration laws or regulations, or the federal Foreign Corrupt Practices Act levied
57	57	2.29against a person identified under clauses (1) to (3) in the 15 years immediately preceding
58	58	2.30submission of the disclosure statement, including the amount of each sanction or fine; and
59	59	2.31 (8) any other information the commissioner and the commissioner of the Minnesota
60	60	2.32Pollution Control Agency may require that relates to the competency, reliability, or good
61	61	2.33character of the applicant.
62	62	2Section 1.
63	63	REVISOR CKM/KR 25-0271001/29/25 3.1 (c) If any information required to be included in a disclosure statement changes after an
64	64	3.2applicant submits a disclosure statement or if the commissioner or the commissioner of the
65	65	3.3Minnesota Pollution Control Agency requires additional information after an applicant
66	66	3.4submits a disclosure statement, the applicant must provide the information to the
67	67	3.5commissioner or the commissioner of the Minnesota Pollution Control Agency in writing
68	68	3.6no later than 30 days after the change or request for additional information.
69	69	3.7 Subd. 2.Prohibited actions.(a) To protect the public health and safety and the
70	70	3.8environment of the state, the commissioner and the commissioner of the Minnesota Pollution
71	71	3.9Control Agency are prohibited from conducting environmental review relating to proposed
72	72	3.10nonferrous sulfide ore projects and must not issue, renew, assign, approve, modify, amend,
73	73	3.11or transfer a permit, license, or lease to mine nonferrous sulfide ore under this chapter or
74	74	3.12other chapters administered by the commissioner or the commissioner of the Minnesota
75	75	3.13Pollution Control Agency to an applicant that:
76	76	3.14 (1) in the last 15 years has been, or whose employees have been, charged, indicted, or
77	77	3.15convicted of violating a state, federal, Tribal, or foreign environmental or natural resources
78	78	3.16law or regulation;
79	79	3.17 (2) is party to or the subject of a consent decree, consent agreement and final order,
80	80	3.18stipulated penalty, administrative order on consent, or nonmonetary sanctions entered in
81	81	3.19the last 15 years in connection with a civil administrative action or civil judicial action for
82	82	3.20violating an environmental or natural resources law or regulation;
83	83	3.21 (3) in the last 15 years, has been charged, indicted, or convicted of violating a state,
84	84	3.22federal, Tribal, or foreign law against bribery or corruption, including but not limited to the
85	85	3.23federal Foreign Corrupt Practices Act;
86	86	3.24 (4) in the last 15 years, has been caused to pay civil or administrative sanctions or fines
87	87	3.25for noncompliance with state, federal, Tribal, or foreign environmental or natural resources
88	88	3.26laws or regulations in excess of, collectively, $1,000,000;
89	89	3.27 (5) in the last 15 years, has entered into a settlement resolving claims of violating a state,
90	90	3.28federal, Tribal, or foreign environmental or natural resources law or regulation or law against
91	91	3.29bribery or corruption, including but not limited to the federal Foreign Corrupt Practices Act;
92	92	3.30 (6) in the last 15 years, has been caused to pay civil or administrative sanctions or fines
93	93	3.31or has otherwise been found civilly liable for willful or repeated violations of state, federal,
94	94	3.32Tribal, or foreign laws or regulations relating to occupational safety and health;
95	95	3Section 1.
96	96	REVISOR CKM/KR 25-0271001/29/25 4.1 (7) is found by the commissioner or the commissioner of the Minnesota Pollution Control
97	97	4.2Agency to be a subsidiary or affiliate of a business described under clauses (1) to (6);
98	98	4.3 (8) is found by the commissioner or the commissioner of the Minnesota Pollution Control
99	99	4.4Agency to have common ownership with a business described under clauses (1) to (6);
100	100	4.5 (9) is found by the commissioner or the commissioner of the Minnesota Pollution Control
101	101	4.6Agency to hold, or previously to have held, a beneficial business interest amounting to more
102	102	4.7than five percent of the equity in or debt liability in a business that:
103	103	4.8 (i) is required to be listed on the applicant's disclosure statement under subdivision 1;
104	104	4.9and
105	105	4.10 (ii) is a person described under clauses (1) to (6); or
106	106	4.11 (10) is found by the commissioner or the commissioner of the Minnesota Pollution
107	107	4.12Control Agency to employ as an officer or director a person who is described under clauses
108	108	4.13(1) to (6).
109	109	4.14 (b) The commissioner or the commissioner of the Minnesota Pollution Control Agency
110	110	4.15must, within six months of a person submitting a disclosure statement under subdivision 1,
111	111	4.16determine whether the commissioner is prohibited from conducting environmental review
112	112	4.17or from issuing, renewing, assigning, approving, modifying, amending, or transferring a
113	113	4.18permit, license, or lease under paragraph (a).
114	114	4.19 Subd. 3.Other law.This section must be complied with notwithstanding any provision
115	115	4.20of law that limits the time within which the commissioner or the commissioner of the
116	116	4.21Minnesota Pollution Control Agency must act or that deems nonaction by a certain date as
117	117	4.22constituting final action for purposes of commencing judicial review proceedings.
118	118	4.23 Subd. 4.Failure to disclose.The commissioner and the commissioner of the Minnesota
119	119	4.24Pollution Control Agency are prohibited from conducting environmental review relating to
120	120	4.25a proposed nonferrous sulfide ore project and must not issue, renew, assign, approve, modify,
121	121	4.26amend, or transfer a permit, license, or lease needed to mine nonferrous sulfide ore under
122	122	4.27this chapter or other chapters administered by the commissioner or the commissioner of the
123	123	4.28Minnesota Pollution Control Agency subject to subdivision 2, paragraph (a), if a person
124	124	4.29fails to disclose or falsely states any information required under subdivision 1.
125	125	4.30 EFFECTIVE DATE.This section is effective the day following final enactment and
126	126	4.31applies to proposed nonferrous sulfide ore projects that have begun, but not completed,
127	127	4.32environmental review on or before that date and to permits granted, renewed, modified, or
128	128	4.33amended on or after that date.
129	129	4Section 1.
130	130	REVISOR CKM/KR 25-0271001/29/25