Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF493 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 environment; prohibiting the Pollution Control Agency from banning
3	3	1.3 the purchase or use of motor vehicles powered by internal combustion engines;
4	4	1.4 amending Minnesota Statutes 2024, section 116.07, subdivision 2, by adding a
5	5	1.5 subdivision; proposing coding for new law in Minnesota Statutes, chapter 471.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. Minnesota Statutes 2024, section 116.07, subdivision 2, is amended to read:
8	8	1.8 Subd. 2.Adopting standards.(a) The Pollution Control Agency shall improve air
9	9	1.9quality by promoting, in the most practicable way possible, the use of energy sources and
10	10	1.10waste disposal methods which produce or emit the least air contaminants consistent with
11	11	1.11the agency's overall goal of reducing all forms of pollution. Subject to the prohibition in
12	12	1.12subdivision 13, the agency shall also adopt standards of air quality, including maximum
13	13	1.13allowable standards of emission of air contaminants from motor vehicles, recognizing that
14	14	1.14due to variable factors, no single standard of purity of air is applicable to all areas of the
15	15	1.15state. In adopting standards the Pollution Control Agency shall give due recognition to the
16	16	1.16fact that the quantity or characteristics of air contaminants or the duration of their presence
17	17	1.17in the atmosphere, which may cause air pollution in one area of the state, may cause less
18	18	1.18or not cause any air pollution in another area of the state, and it shall take into consideration
19	19	1.19in this connection such factors, including others which it may deem proper, as existing
20	20	1.20physical conditions, zoning classifications, topography, prevailing wind directions and
21	21	1.21velocities, and the fact that a standard of air quality which may be proper as to an essentially
22	22	1.22residential area of the state, may not be proper as to a highly developed industrial area of
23	23	1.23the state. Such standards of air quality shall be premised upon scientific knowledge of causes
24	24	1.24as well as effects based on technically substantiated criteria and commonly accepted practices.
25	25	1Section 1.
26	26	25-01081 as introduced12/09/24 REVISOR CKM/LN
27	27	SENATE
28	28	STATE OF MINNESOTA
29	29	S.F. No. 493NINETY-FOURTH SESSION
30	30	(SENATE AUTHORS: RASMUSSON, Jasinski, Lieske, Wesenberg and Farnsworth)
31	31	OFFICIAL STATUSD-PGDATE
32	32	Introduction and first reading01/23/2025
33	33	Referred to Environment, Climate, and Legacy 2.1No local government unit shall set standards of air quality which are more stringent than
34	34	2.2those set by the Pollution Control Agency.
35	35	2.3 (b) The Pollution Control Agency shall promote solid waste disposal control by
36	36	2.4encouraging the updating of collection systems, elimination of open dumps, and
37	37	2.5improvements in incinerator practices. The agency shall also adopt standards for the control
38	38	2.6of the collection, transportation, storage, processing, and disposal of solid waste and sewage
39	39	2.7sludge for the prevention and abatement of water, air, and land pollution, recognizing that
40	40	2.8due to variable factors, no single standard of control is applicable to all areas of the state.
41	41	2.9In adopting standards, the Pollution Control Agency shall give due recognition to the fact
42	42	2.10that elements of control which may be reasonable and proper in densely populated areas of
43	43	2.11the state may be unreasonable and improper in sparsely populated or remote areas of the
44	44	2.12state, and it shall take into consideration in this connection such factors, including others
45	45	2.13which it may deem proper, as existing physical conditions, topography, soils and geology,
46	46	2.14climate, transportation, and land use. Such standards of control shall be premised on technical
47	47	2.15criteria and commonly accepted practices.
48	48	2.16 (c) The Pollution Control Agency shall also adopt standards describing the maximum
49	49	2.17levels of noise in terms of sound pressure level which may occur in the outdoor atmosphere,
50	50	2.18recognizing that due to variable factors no single standard of sound pressure is applicable
51	51	2.19to all areas of the state. Such standards shall give due consideration to such factors as the
52	52	2.20intensity of noises, the types of noises, the frequency with which noises recur, the time
53	53	2.21period for which noises continue, the times of day during which noises occur, and such
54	54	2.22other factors as could affect the extent to which noises may be injurious to human health
55	55	2.23or welfare, animal or plant life, or property, or could interfere unreasonably with the
56	56	2.24enjoyment of life or property. In adopting standards, the Pollution Control Agency shall
57	57	2.25give due recognition to the fact that the quantity or characteristics of noise or the duration
58	58	2.26of its presence in the outdoor atmosphere, which may cause noise pollution in one area of
59	59	2.27the state, may cause less or not cause any noise pollution in another area of the state, and
60	60	2.28it shall take into consideration in this connection such factors, including others which it
61	61	2.29may deem proper, as existing physical conditions, zoning classifications, topography,
62	62	2.30meteorological conditions and the fact that a standard which may be proper in an essentially
63	63	2.31residential area of the state, may not be proper as to a highly developed industrial area of
64	64	2.32the state. Such noise standards shall be premised upon scientific knowledge as well as effects
65	65	2.33based on technically substantiated criteria and commonly accepted practices. No local
66	66	2.34governing unit shall set standards describing the maximum levels of sound pressure which
67	67	2.35are more stringent than those set by the Pollution Control Agency.
68	68	2Section 1.
69	69	25-01081 as introduced12/09/24 REVISOR CKM/LN 3.1 (d) The Pollution Control Agency shall adopt standards for the identification of hazardous
70	70	3.2waste and for the management, identification, labeling, classification, storage, collection,
71	71	3.3transportation, processing, and disposal of hazardous waste, recognizing that due to variable
72	72	3.4factors, a single standard of hazardous waste control may not be applicable to all areas of
73	73	3.5the state. In adopting standards, the Pollution Control Agency shall recognize that elements
74	74	3.6of control which may be reasonable and proper in densely populated areas of the state may
75	75	3.7be unreasonable and improper in sparsely populated or remote areas of the state. The agency
76	76	3.8shall consider existing physical conditions, topography, soils, and geology, climate,
77	77	3.9transportation and land use. Standards of hazardous waste control shall be premised on
78	78	3.10technical knowledge, and commonly accepted practices. Hazardous waste generator licenses
79	79	3.11may be issued for a term not to exceed five years. No local government unit shall set
80	80	3.12standards of hazardous waste control which are in conflict or inconsistent with those set by
81	81	3.13the Pollution Control Agency.
82	82	3.14 (e) A person who generates less than 100 kilograms of hazardous waste per month is
83	83	3.15exempt from the following agency hazardous waste rules:
84	84	3.16 (1) rules relating to transportation, manifesting, storage, and labeling for photographic
85	85	3.17fixer and x-ray negative wastes that are hazardous solely because of silver content; and
86	86	3.18 (2) any rule requiring the generator to send to the agency or commissioner a copy of
87	87	3.19each manifest for the transportation of hazardous waste for off-site treatment, storage, or
88	88	3.20disposal, except that counties within the metropolitan area may require generators to provide
89	89	3.21manifests.
90	90	3.22Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
91	91	3.23accumulation or outdoor storage. A political subdivision or other local unit of government
92	92	3.24may not adopt management requirements that are more restrictive than this paragraph.
93	93	3.25 (f) In any rulemaking proceeding under chapter 14 to adopt standards for air quality,
94	94	3.26solid waste, or hazardous waste under this chapter, or standards for water quality under
95	95	3.27chapter 115, the statement of need and reasonableness must include:
96	96	3.28 (1) an assessment of any differences between the proposed rule and:
97	97	3.29 (i) existing federal standards adopted under the Clean Air Act, United States Code, title
98	98	3.3042, section 7412(b)(2); the Clean Water Act, United States Code, title 33, sections 1312(a)
99	99	3.31and 1313(c)(4); and the Resource Conservation and Recovery Act, United States Code, title
100	100	3.3242, section 6921(b)(1);
101	101	3.33 (ii) similar standards in states bordering Minnesota; and
102	102	3Section 1.
103	103	25-01081 as introduced12/09/24 REVISOR CKM/LN 4.1 (iii) similar standards in states within the Environmental Protection Agency Region 5;
104	104	4.2and
105	105	4.3 (2) a specific analysis of the need and reasonableness of each difference.
106	106	4.4 Sec. 2. Minnesota Statutes 2024, section 116.07, is amended by adding a subdivision to
107	107	4.5read:
108	108	4.6 Subd. 13.Agency may not ban internal combustion vehicles.The Pollution Control
109	109	4.7Agency may not prohibit the purchase or use of a vehicle solely because it is powered by
110	110	4.8an internal combustion engine.
111	111	4.9 Sec. 3. [471.9999] PROHIBITION ON BANNING INTERNAL COMBUSTION
112	112	4.10VEHICLES.
113	113	4.11 A political subdivision may not prohibit the purchase or use of a vehicle solely because
114	114	4.12it is powered by an internal combustion engine. For purposes of this section, "political
115	115	4.13subdivision" means a county, statutory or home rule charter city, or town.
116	116	4Sec. 3.
117	117	25-01081 as introduced12/09/24 REVISOR CKM/LN