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