| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to environment; modifying provisions to petition for preparation of |
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| 3 | 3 | | 1.3 environmental assessment worksheet; amending Minnesota Statutes 2024, sections |
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| 4 | 4 | | 1.4 116D.04, subdivisions 2a, 5a; 116D.045, subdivision 1. |
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| 5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 6 | 6 | | 1.6 Section 1. Minnesota Statutes 2024, section 116D.04, subdivision 2a, is amended to read: |
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| 7 | 7 | | 1.7 Subd. 2a.When prepared.(a) Where there is potential for significant environmental |
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| 8 | 8 | | 1.8effects resulting from any major governmental action, the action must be preceded by a |
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| 9 | 9 | | 1.9detailed environmental impact statement prepared by the responsible governmental unit. |
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| 10 | 10 | | 1.10The environmental impact statement must be an analytical rather than an encyclopedic |
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| 11 | 11 | | 1.11document that describes the proposed action in detail, analyzes its significant environmental |
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| 12 | 12 | | 1.12impacts, discusses appropriate alternatives to the proposed action and their impacts, and |
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| 13 | 13 | | 1.13explores methods by which adverse environmental impacts of an action could be mitigated. |
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| 14 | 14 | | 1.14The environmental impact statement must also analyze those economic, employment, and |
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| 15 | 15 | | 1.15sociological effects that cannot be avoided should the action be implemented. To ensure its |
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| 16 | 16 | | 1.16use in the decision-making process, the environmental impact statement must be prepared |
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| 17 | 17 | | 1.17as early as practical in the formulation of an action. |
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| 18 | 18 | | 1.18 (b) The board shall by rule establish categories of actions for which environmental |
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| 19 | 19 | | 1.19impact statements and for which environmental assessment worksheets must be prepared |
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| 20 | 20 | | 1.20as well as categories of actions for which no environmental review is required under this |
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| 21 | 21 | | 1.21section. A mandatory environmental assessment worksheet is not required for the expansion |
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| 22 | 22 | | 1.22of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the |
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| 23 | 23 | | 1.23conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol |
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| 24 | 24 | | 1Section 1. |
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| 25 | 25 | | REVISOR EB/RC 25-0036011/19/24 |
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| 26 | 26 | | State of Minnesota |
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| 27 | 27 | | This Document can be made available |
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| 28 | 28 | | in alternative formats upon request |
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| 29 | 29 | | HOUSE OF REPRESENTATIVES |
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| 30 | 30 | | H. F. No. 1204 |
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| 31 | 31 | | NINETY-FOURTH SESSION 2.1facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded |
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| 32 | 32 | | 2.2or converted facility to produce alcohol fuel, but must be required if the ethanol plant or |
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| 33 | 33 | | 2.3biobutanol facility meets or exceeds thresholds of other categories of actions for which |
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| 34 | 34 | | 2.4environmental assessment worksheets must be prepared. The responsible governmental unit |
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| 35 | 35 | | 2.5for an ethanol plant or biobutanol facility project for which an environmental assessment |
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| 36 | 36 | | 2.6worksheet is prepared is the state agency with the greatest responsibility for supervising or |
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| 37 | 37 | | 2.7approving the project as a whole. |
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| 38 | 38 | | 2.8 (c) A mandatory environmental impact statement is not required for a facility or plant |
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| 39 | 39 | | 2.9located outside the seven-county metropolitan area that produces less than 125,000,000 |
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| 40 | 40 | | 2.10gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than 400,000 |
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| 41 | 41 | | 2.11tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined in section |
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| 42 | 42 | | 2.1241A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section 41A.15, |
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| 43 | 43 | | 2.13subdivision 2d; or a cellulosic biofuel facility. A facility or plant that only uses a cellulosic |
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| 44 | 44 | | 2.14feedstock to produce chemical products for use by another facility as a feedstock is not |
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| 45 | 45 | | 2.15considered a fuel conversion facility as used in rules adopted under this chapter. |
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| 46 | 46 | | 2.16 (d) The responsible governmental unit shall promptly publish notice of the completion |
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| 47 | 47 | | 2.17of an environmental assessment worksheet by publishing the notice in at least one newspaper |
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| 48 | 48 | | 2.18of general circulation in the geographic area where the project is proposed, by posting the |
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| 49 | 49 | | 2.19notice on a website that has been designated as the official publication site for publication |
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| 50 | 50 | | 2.20of proceedings, public notices, and summaries of a political subdivision in which the project |
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| 51 | 51 | | 2.21is proposed, or in any other manner determined by the board and shall provide copies of |
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| 52 | 52 | | 2.22the environmental assessment worksheet to the board and its member agencies. Comments |
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| 53 | 53 | | 2.23on the need for an environmental impact statement may be submitted to the responsible |
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| 54 | 54 | | 2.24governmental unit during a 30-day period following publication of the notice that an |
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| 55 | 55 | | 2.25environmental assessment worksheet has been completed. The responsible governmental |
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| 56 | 56 | | 2.26unit may extend the 30-day comment period for an additional 30 days one time. Further |
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| 57 | 57 | | 2.27extensions of the comment period may not be made unless approved by the project's proposer. |
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| 58 | 58 | | 2.28The responsible governmental unit's decision on the need for an environmental impact |
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| 59 | 59 | | 2.29statement must be based on the environmental assessment worksheet and the comments |
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| 60 | 60 | | 2.30received during the comment period, and must be made within 15 days after the close of |
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| 61 | 61 | | 2.31the comment period. The board's chair may extend the 15-day period by not more than 15 |
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| 62 | 62 | | 2.32additional days upon the request of the responsible governmental unit. |
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| 63 | 63 | | 2.33 (e) An environmental assessment worksheet must also be prepared for a proposed action |
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| 64 | 64 | | 2.34whenever material evidence accompanying a petition by not less than 100 individuals who |
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| 65 | 65 | | 2.35reside or own property in the state, submitted before the proposed project has received final |
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| 66 | 66 | | 2Section 1. |
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| 67 | 67 | | REVISOR EB/RC 25-0036011/19/24 3.1approval by the appropriate governmental units, demonstrates that, because of the nature |
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| 68 | 68 | | 3.2or location of a proposed action, there may be potential for significant environmental effects. |
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| 69 | 69 | | 3.3Petitions may be submitted by: |
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| 70 | 70 | | 3.4 (1) a Minnesota Tribal government as defined under section 10.65, subdivision 2; or |
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| 71 | 71 | | 3.5 (2) not less than 100 individuals who reside or own property in the state. |
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| 72 | 72 | | 3.6 (f) Petitions requesting the preparation of an environmental assessment worksheet under |
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| 73 | 73 | | 3.7paragraph (e) must be submitted to the board. The chair of the board or designee shall |
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| 74 | 74 | | 3.8determine the appropriate responsible governmental unit and forward the petition to it. A |
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| 75 | 75 | | 3.9decision on the need for an environmental assessment worksheet must be made by the |
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| 76 | 76 | | 3.10responsible governmental unit within 15 days after the petition is received by the responsible |
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| 77 | 77 | | 3.11governmental unit. The board's chair or designee may extend the 15-day period by not more |
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| 78 | 78 | | 3.12than 15 additional days upon request of the responsible governmental unit. |
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| 79 | 79 | | 3.13 (f) (g) Except in an environmentally sensitive location where Minnesota Rules, part |
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| 80 | 80 | | 3.144410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental |
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| 81 | 81 | | 3.15review under this chapter and rules of the board, if: |
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| 82 | 82 | | 3.16 (1) the proposed action is: |
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| 83 | 83 | | 3.17 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or |
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| 84 | 84 | | 3.18 (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity |
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| 85 | 85 | | 3.19of less than 1,000 animal units; |
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| 86 | 86 | | 3.20 (2) the application for the animal feedlot facility includes a written commitment by the |
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| 87 | 87 | | 3.21proposer to design, construct, and operate the facility in full compliance with Pollution |
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| 88 | 88 | | 3.22Control Agency feedlot rules; and |
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| 89 | 89 | | 3.23 (3) the county board holds a public meeting for citizen input at least ten business days |
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| 90 | 90 | | 3.24before the Pollution Control Agency or county issuing a feedlot permit for the animal feedlot |
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| 91 | 91 | | 3.25facility unless another public meeting for citizen input has been held with regard to the |
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| 92 | 92 | | 3.26feedlot facility to be permitted. The exemption in this paragraph is in addition to other |
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| 93 | 93 | | 3.27exemptions provided under other law and rules of the board. |
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| 94 | 94 | | 3.28 (g) (h) The board may, before final approval of a proposed project, require preparation |
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| 95 | 95 | | 3.29of an environmental assessment worksheet by a responsible governmental unit selected by |
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| 96 | 96 | | 3.30the board for any action where environmental review under this section has not been |
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| 97 | 97 | | 3.31specifically provided for by rule or otherwise initiated. |
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| 98 | 98 | | 3Section 1. |
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| 99 | 99 | | REVISOR EB/RC 25-0036011/19/24 4.1 (h) (i) An early and open process must be used to limit the scope of the environmental |
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| 100 | 100 | | 4.2impact statement to a discussion of those impacts that, because of the nature or location of |
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| 101 | 101 | | 4.3the project, have the potential for significant environmental effects. The same process must |
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| 102 | 102 | | 4.4be used to determine the form, content, and level of detail of the statement as well as the |
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| 103 | 103 | | 4.5alternatives that are appropriate for consideration in the statement. In addition, the permits |
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| 104 | 104 | | 4.6that will be required for the proposed action must be identified during the scoping process. |
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| 105 | 105 | | 4.7Further, the process must identify those permits for which information will be developed |
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| 106 | 106 | | 4.8concurrently with the environmental impact statement. The board shall provide in its rules |
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| 107 | 107 | | 4.9for the expeditious completion of the scoping process. The determinations reached in the |
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| 108 | 108 | | 4.10process must be incorporated into the order requiring the preparation of an environmental |
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| 109 | 109 | | 4.11impact statement. |
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| 110 | 110 | | 4.12 (i) (j) The responsible governmental unit shall, to the extent practicable, avoid duplication |
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| 111 | 111 | | 4.13and ensure coordination between state and federal environmental review and between |
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| 112 | 112 | | 4.14environmental review and environmental permitting. Whenever practical, information |
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| 113 | 113 | | 4.15needed by a governmental unit for making final decisions on permits or other actions required |
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| 114 | 114 | | 4.16for a proposed project must be developed in conjunction with the preparation of an |
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| 115 | 115 | | 4.17environmental impact statement. When an environmental impact statement is prepared for |
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| 116 | 116 | | 4.18a project requiring multiple permits for which two or more agencies' decision processes |
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| 117 | 117 | | 4.19include either mandatory or discretionary hearings before a hearing officer before the |
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| 118 | 118 | | 4.20agencies' decision on the permit, the agencies may, notwithstanding any law or rule to the |
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| 119 | 119 | | 4.21contrary, conduct the hearings in a single consolidated hearing process if requested by the |
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| 120 | 120 | | 4.22proposer. All agencies having jurisdiction over a permit that is included in the consolidated |
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| 121 | 121 | | 4.23hearing shall participate. The responsible governmental unit shall establish appropriate |
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| 122 | 122 | | 4.24procedures for the consolidated hearing process, including procedures to ensure that the |
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| 123 | 123 | | 4.25consolidated hearing process is consistent with the applicable requirements for each permit |
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| 124 | 124 | | 4.26regarding the rights and duties of parties to the hearing, and shall use the earliest applicable |
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| 125 | 125 | | 4.27hearing procedure to initiate the hearing. All agencies having jurisdiction over a permit |
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| 126 | 126 | | 4.28identified in the draft environmental assessment worksheet scoping document must begin |
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| 127 | 127 | | 4.29reviewing any permit application upon publication of the notice of preparation of the |
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| 128 | 128 | | 4.30environmental impact statement. |
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| 129 | 129 | | 4.31 (j) (k) An environmental impact statement must be prepared and its adequacy determined |
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| 130 | 130 | | 4.32within 280 days after notice of its preparation unless the time is extended by consent of the |
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| 131 | 131 | | 4.33parties or by the governor for good cause. The responsible governmental unit shall determine |
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| 132 | 132 | | 4.34the adequacy of an environmental impact statement, unless within 60 days after notice is |
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| 133 | 133 | | 4.35published that an environmental impact statement will be prepared, the board chooses to |
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| 134 | 134 | | 4Section 1. |
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| 135 | 135 | | REVISOR EB/RC 25-0036011/19/24 5.1determine the adequacy of an environmental impact statement. If an environmental impact |
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| 136 | 136 | | 5.2statement is found to be inadequate, the responsible governmental unit has 60 days to prepare |
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| 137 | 137 | | 5.3an adequate environmental impact statement. |
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| 138 | 138 | | 5.4 (k) (l) The proposer of a specific action may include in the information submitted to the |
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| 139 | 139 | | 5.5responsible governmental unit a preliminary draft environmental impact statement under |
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| 140 | 140 | | 5.6this section on that action for review, modification, and determination of completeness and |
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| 141 | 141 | | 5.7adequacy by the responsible governmental unit. A preliminary draft environmental impact |
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| 142 | 142 | | 5.8statement prepared by the project proposer and submitted to the responsible governmental |
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| 143 | 143 | | 5.9unit must identify or include as an appendix all studies and other sources of information |
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| 144 | 144 | | 5.10used to substantiate the analysis contained in the preliminary draft environmental impact |
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| 145 | 145 | | 5.11statement. The responsible governmental unit shall require additional studies, if needed, |
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| 146 | 146 | | 5.12and obtain from the project proposer all additional studies and information necessary for |
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| 147 | 147 | | 5.13the responsible governmental unit to perform its responsibility to review, modify, and |
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| 148 | 148 | | 5.14determine the completeness and adequacy of the environmental impact statement. |
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| 149 | 149 | | 5.15 Sec. 2. Minnesota Statutes 2024, section 116D.04, subdivision 5a, is amended to read: |
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| 150 | 150 | | 5.16 Subd. 5a.Rules.The board shall, by January 1, 1981, promulgate rules in conformity |
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| 151 | 151 | | 5.17with this chapter and the provisions of chapter 15, establishing: |
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| 152 | 152 | | 5.18 (1) the governmental unit which shall be responsible for environmental review of a |
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| 153 | 153 | | 5.19proposed action; |
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| 154 | 154 | | 5.20 (2) the form and content of environmental assessment worksheets; |
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| 155 | 155 | | 5.21 (3) a scoping process in conformance with subdivision 2a, paragraph (h) (i); |
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| 156 | 156 | | 5.22 (4) a procedure for identifying during the scoping process the permits necessary for a |
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| 157 | 157 | | 5.23proposed action and a process for coordinating review of appropriate permits with the |
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| 158 | 158 | | 5.24preparation of the environmental impact statement; |
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| 159 | 159 | | 5.25 (5) a standard format for environmental impact statements; |
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| 160 | 160 | | 5.26 (6) standards for determining the alternatives to be discussed in an environmental impact |
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| 161 | 161 | | 5.27statement; |
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| 162 | 162 | | 5.28 (7) alternative forms of environmental review which are acceptable pursuant to |
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| 163 | 163 | | 5.29subdivision 4a; |
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| 164 | 164 | | 5.30 (8) a model ordinance which may be adopted and implemented by local governmental |
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| 165 | 165 | | 5.31units in lieu of the environmental impact statement process required by this section, providing |
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| 166 | 166 | | 5.32for an alternative form of environmental review where an action does not require a state |
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| 167 | 167 | | 5Sec. 2. |
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| 168 | 168 | | REVISOR EB/RC 25-0036011/19/24 6.1agency permit and is consistent with an applicable comprehensive plan. The model ordinance |
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| 169 | 169 | | 6.2shall provide for adequate consideration of appropriate alternatives, and shall ensure that |
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| 170 | 170 | | 6.3decisions are made in accordance with the policies and purposes of Laws 1980, chapter |
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| 171 | 171 | | 6.4447; |
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| 172 | 172 | | 6.5 (9) procedures to reduce paperwork and delay through intergovernmental cooperation |
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| 173 | 173 | | 6.6and the elimination of unnecessary duplication of environmental reviews; |
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| 174 | 174 | | 6.7 (10) procedures for expediting the selection of consultants by the governmental unit |
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| 175 | 175 | | 6.8responsible for the preparation of an environmental impact statement; and |
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| 176 | 176 | | 6.9 (11) any additional rules which are reasonably necessary to carry out the requirements |
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| 177 | 177 | | 6.10of this section. |
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| 178 | 178 | | 6.11 Sec. 3. Minnesota Statutes 2024, section 116D.045, subdivision 1, is amended to read: |
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| 179 | 179 | | 6.12 Subdivision 1.Assessment.The board must by rule adopt procedures to: |
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| 180 | 180 | | 6.13 (1) assess the proposer of a specific action for the responsible governmental unit's |
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| 181 | 181 | | 6.14reasonable costs of preparing, reviewing, and distributing the environmental impact statement. |
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| 182 | 182 | | 6.15The costs must be determined by the responsible governmental unit according to the rules |
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| 183 | 183 | | 6.16adopted by the board; and |
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| 184 | 184 | | 6.17 (2) authorize a responsible governmental unit to allow a proposer of a specific action to |
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| 185 | 185 | | 6.18prepare a draft environmental impact statement according to section 116D.04, subdivision |
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| 186 | 186 | | 6.192a, paragraph (k) (l). |
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| 187 | 187 | | 6Sec. 3. |
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| 188 | 188 | | REVISOR EB/RC 25-0036011/19/24 |
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