1.1 A bill for an act
1.2 relating to mining; prohibiting environmental review and the issuance of nonferrous
1.3 sulfide ore mining permits, licenses, or leases to bad actors; proposing coding for
1.4 new law in Minnesota Statutes, chapter 93.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [93.005] NONFERROUS SULFIDE ORE ENVIRONMENT AL REVIEW,
1.7PERMITS, LICENSES, AND LEASES; BAD ACTORS.
1.8 Subdivision 1.Disclosure statement.(a) A person subject to environmental review
1.9relating to a proposed nonferrous sulfide ore project or a person submitting an application
1.10to obtain, renew, assign, modify, amend, or transfer a permit, license, or lease needed to
1.11mine nonferrous sulfide ore under this chapter or other chapters administered by the
1.12commissioner or the commissioner of the Minnesota Pollution Control Agency must submit
1.13a disclosure statement according to paragraph (b) to the commissioner or the commissioner
1.14of the Minnesota Pollution Control Agency, as applicable, before beginning to prepare the
1.15environmental assessment worksheet, environmental impact statement, or environmental
1.16review or when the application is submitted.
1.17 (b) A disclosure statement must include:
1.18 (1) in the case of an individual, the full name and business address of the individual;
1.19 (2) in the case of a business:
1.20 (i) the full name and business address of any officers, directors, partners, or key
1.21employees of the business;
1Section 1.
25-02710 as introduced01/29/25 REVISOR CKM/KR
SENATE
STATE OF MINNESOTA
S.F. No. 1744NINETY-FOURTH SESSION
(SENATE AUTHORS: MCEWEN and Kunesh)
OFFICIAL STATUSD-PGDATE
Introduction and first reading02/20/2025
Referred to Environment, Climate, and Legacy 2.1 (ii) the full name and business address of all individuals or entities holding equity in or
2.2debt liability of the business or, if the business is a publicly traded corporation, all individuals
2.3or entities holding more than five percent of the equity in or debt liability of the business;
2.4and
2.5 (iii) the full name and business address of any parent, subsidiary, or affiliate of the
2.6business;
2.7 (3) the full name and business address of all officers, directors, or partners of any business
2.8disclosed in the statement and the names and addresses of all individuals or entities holding
2.9equity in or debt liability of any disclosed business or, if the business is a publicly traded
2.10corporation, all individuals or entities holding more than five percent of the equity in or
2.11debt liability of the business;
2.12 (4) a listing and explanation of any charge, indictment, conviction, or settlement for
2.13violating a state, federal, Tribal, or foreign environmental or natural resources law or
2.14regulation related to mining against a person identified under clauses (1) to (3) in the 15
2.15years immediately preceding submission of the disclosure statement;
2.16 (5) a listing and explanation of any consent decree, consent agreement and final order,
2.17stipulated penalty, administrative order on consent, or nonmonetary sanctions in connection
2.18with a civil administrative action or civil judicial action for violating an environmental or
2.19natural resources law or regulation against a person identified under clauses (1) to (3) in
2.20the 15 years immediately preceding submission of the disclosure statement;
2.21 (6) a listing and explanation of any charge, indictment, conviction, or settlement for
2.22violating a state, federal, Tribal, or foreign law against bribery or corruption, including but
2.23not limited to the federal Foreign Corrupt Practices Act, against a person identified under
2.24clauses (1) to (3) in the 15 years immediately preceding submission of the disclosure
2.25statement;
2.26 (7) a listing and explanation of any civil or administrative sanctions or fines for
2.27noncompliance with environmental laws and regulations, Occupational Safety and Health
2.28Administration laws or regulations, or the federal Foreign Corrupt Practices Act levied
2.29against a person identified under clauses (1) to (3) in the 15 years immediately preceding
2.30submission of the disclosure statement, including the amount of each sanction or fine; and
2.31 (8) any other information the commissioner and the commissioner of the Minnesota
2.32Pollution Control Agency may require that relates to the competency, reliability, or good
2.33character of the applicant.
2Section 1.
25-02710 as introduced01/29/25 REVISOR CKM/KR 3.1 (c) If any information required to be included in a disclosure statement changes after an
3.2applicant submits a disclosure statement or if the commissioner or the commissioner of the
3.3Minnesota Pollution Control Agency requires additional information after an applicant
3.4submits a disclosure statement, the applicant must provide the information to the
3.5commissioner or the commissioner of the Minnesota Pollution Control Agency in writing
3.6no later than 30 days after the change or request for additional information.
3.7 Subd. 2.Prohibited actions.(a) To protect the public health and safety and the
3.8environment of the state, the commissioner and the commissioner of the Minnesota Pollution
3.9Control Agency are prohibited from conducting environmental review relating to proposed
3.10nonferrous sulfide ore projects and must not issue, renew, assign, approve, modify, amend,
3.11or transfer a permit, license, or lease to mine nonferrous sulfide ore under this chapter or
3.12other chapters administered by the commissioner or the commissioner of the Minnesota
3.13Pollution Control Agency to an applicant that:
3.14 (1) in the last 15 years has been, or whose employees have been, charged, indicted, or
3.15convicted of violating a state, federal, Tribal, or foreign environmental or natural resources
3.16law or regulation;
3.17 (2) is party to or the subject of a consent decree, consent agreement and final order,
3.18stipulated penalty, administrative order on consent, or nonmonetary sanctions entered in
3.19the last 15 years in connection with a civil administrative action or civil judicial action for
3.20violating an environmental or natural resources law or regulation;
3.21 (3) in the last 15 years, has been charged, indicted, or convicted of violating a state,
3.22federal, Tribal, or foreign law against bribery or corruption, including but not limited to the
3.23federal Foreign Corrupt Practices Act;
3.24 (4) in the last 15 years, has been caused to pay civil or administrative sanctions or fines
3.25for noncompliance with state, federal, Tribal, or foreign environmental or natural resources
3.26laws or regulations in excess of, collectively, $1,000,000;
3.27 (5) in the last 15 years, has entered into a settlement resolving claims of violating a state,
3.28federal, Tribal, or foreign environmental or natural resources law or regulation or law against
3.29bribery or corruption, including but not limited to the federal Foreign Corrupt Practices Act;
3.30 (6) in the last 15 years, has been caused to pay civil or administrative sanctions or fines
3.31or has otherwise been found civilly liable for willful or repeated violations of state, federal,
3.32Tribal, or foreign laws or regulations relating to occupational safety and health;
3Section 1.
25-02710 as introduced01/29/25 REVISOR CKM/KR 4.1 (7) is found by the commissioner or the commissioner of the Minnesota Pollution Control
4.2Agency to be a subsidiary or affiliate of a business described under clauses (1) to (6);
4.3 (8) is found by the commissioner or the commissioner of the Minnesota Pollution Control
4.4Agency to have common ownership with a business described under clauses (1) to (6);
4.5 (9) is found by the commissioner or the commissioner of the Minnesota Pollution Control
4.6Agency to hold, or previously to have held, a beneficial business interest amounting to more
4.7than five percent of the equity in or debt liability in a business that:
4.8 (i) is required to be listed on the applicant's disclosure statement under subdivision 1;
4.9and
4.10 (ii) is a person described under clauses (1) to (6); or
4.11 (10) is found by the commissioner or the commissioner of the Minnesota Pollution
4.12Control Agency to employ as an officer or director a person who is described under clauses
4.13(1) to (6).
4.14 (b) The commissioner or the commissioner of the Minnesota Pollution Control Agency
4.15must, within six months of a person submitting a disclosure statement under subdivision 1,
4.16determine whether the commissioner is prohibited from conducting environmental review
4.17or from issuing, renewing, assigning, approving, modifying, amending, or transferring a
4.18permit, license, or lease under paragraph (a).
4.19 Subd. 3.Other law.This section must be complied with notwithstanding any provision
4.20of law that limits the time within which the commissioner or the commissioner of the
4.21Minnesota Pollution Control Agency must act or that deems nonaction by a certain date as
4.22constituting final action for purposes of commencing judicial review proceedings.
4.23 Subd. 4.Failure to disclose.The commissioner and the commissioner of the Minnesota
4.24Pollution Control Agency are prohibited from conducting environmental review relating to
4.25a proposed nonferrous sulfide ore project and must not issue, renew, assign, approve, modify,
4.26amend, or transfer a permit, license, or lease needed to mine nonferrous sulfide ore under
4.27this chapter or other chapters administered by the commissioner or the commissioner of the
4.28Minnesota Pollution Control Agency subject to subdivision 2, paragraph (a), if a person
4.29fails to disclose or falsely states any information required under subdivision 1.
4.30 EFFECTIVE DATE.This section is effective the day following final enactment and
4.31applies to proposed nonferrous sulfide ore projects that have begun, but not completed,
4.32environmental review on or before that date and to permits granted, renewed, modified, or
4.33amended on or after that date.
4Section 1.
25-02710 as introduced01/29/25 REVISOR CKM/KR