1.1Senator Green moved to amend
S.F. No. 2077 as follows (...):
1.2Page 139, after line 30, insert:
1.4ENVIRONMENTAL PERMITTING REFORM
1.5 Section 1. Minnesota Statutes 2024, section 115.542, is amended to read:
1.6115.542 NOTICE REQUIREMENTS FOR PUBLICLY OWNED WASTEWATER
1.7TREATMENT FACILITIES.
1.8 Subdivision 1.
Definitions. For the purpose of this section, the following terms have
1.9the meanings given:
1.10(1) "permit" means a national pollutant discharge elimination system (NPDES) permit
1.11or state disposal system (SDS) permit; and
1.12(2) "permit applicant" means a person or entity submitting an application for a new
1.13permit or renewal, modification, or revocation of an existing permit for a publicly
owned
1.14wastewater treatment facility.
1.15 Subd. 2.
Applicability. This section applies to all draft permits and permits for publicly
1.16owned wastewater treatment facilities for which the commissioner of the Pollution
Control
1.17Agency makes a preliminary determination whether to issue or deny.
1.18 Subd. 3.
Prepublic notice review requirements. Unless waived by the permit applicant,
1.19the commissioner of the Pollution Control Agency must provide a permit applicant with
a
1.20copy of the draft permit and any fact sheets required by agency rules at least 30
days before
1.21the distribution and public notice of the permit application and preliminary determination.
1.22 Subd. 4.
Permitting efficiency Public notice requirements. The commissioner must
1.23prepare and issue a public notice of a completed application and the commissioner's
1.24preliminary determination as to whether the permit should be issued or denied. The
public
1.25comment period must be at least 60 days for permit applications under this section
but may
1.26be reduced to 30 days if:
1.27(1) a request for the reduction is made by the permit applicant; and
1.28(2) the commissioner approves the request based on consideration of public or Tribal
1.29interest in the permit action.
2.1 Subd. 5. Permitting efficiency. Notwithstanding section
116.03, it is the goal of the
2.2state that tier 2 permits for publicly owned wastewater treatment facilities be issued
or
2.3denied within 210 days following submission of a permit application.
2.4 Sec. 2. Minnesota Statutes 2024, section 116.03, subdivision 2b, is amended to read:
2.5 Subd. 2b.
Permitting efficiency. (a) It is the goal of the state that environmental and
2.6resource management permits be issued or denied within 90 days for tier 1 permits
or 150
2.7days for tier 2 permits following submission of a permit application. The commissioner
of
2.8the Pollution Control Agency shall must establish management systems designed to achieve
2.9the goal. For the purposes of this section, "tier 1 permits" are permits that do not
require
2.10individualized actions or public comment periods, and "tier 2 permits" are permits
that
2.11require individualized actions or public comment periods.
Goals established in this paragraph
2.12do not apply to permit applications required due to agency enforcement actions.
2.13(b) The commissioner
shall must prepare an annual permitting efficiency report that
2.14includes statistics on meeting the
tier 2 goal in paragraph (a) and the criteria for tier 2 by
2.15permit categories.
The report must also provide information on consultants regarding
2.16achievement of the performance standards under paragraph (e), clauses (1) to (4).
The report
2.17is due must be submitted to the governor and to the chairs and ranking minority members
2.18of the house of representatives and senate committees having jurisdiction over environment
2.19policy and finance by October 1 August 1 each year
and must be posted on the agency's
2.20website.
Each report must include:
2.21(1) for
each permit
applications application that
have has not met the goal,
the report
2.22must state the reasons for not meeting the goal. In stating the reasons for not meeting
the
2.23goal, the commissioner shall separately identify delays an explanation of whether the delay
2.24was caused by the responsiveness of the proposer, lack of staff, scientific or technical
2.25disagreements, or the level of public engagement
. The report must specify;
2.26(2) for each permit that has not met the goal, the number of days from initial submission
2.27of the application to the day of determination that the application is complete
. The report
2.28must aggregate;
2.29(3) a summary of the data for the
year reporting period and
assess an assessment of
2.30whether program or system changes are necessary to achieve the
tier 2 goal
. The report
2.31must be posted on the agency's website and submitted to the governor and the chairs
and
2.32ranking minority members of the house of representatives and senate committees having
2.33jurisdiction over environment policy and finance. in paragraph (a);
3.1(4) a statement of the number of tier 2 permits completed within the reporting period
3.2and, immediately following in parentheses, a statement of the percentage of total
applications
3.3received for that tier 2 permit category that the number represents, stated separately
for
3.4industrial and municipal permits; and
3.5(5) for permits that did not meet the goal due to lack of staff, a combined estimate
of
3.6the aggregate staff resources that would have been necessary for all affected permits
to meet
3.7the goal.
3.8(c) The commissioner
shall must allow electronic submission of environmental review
3.9and permit documents to the agency.
3.10(d) Within 30 business days of application for a permit subject to paragraph (a),
the
3.11commissioner
of the Pollution Control Agency shall must notify the permit applicant, in
3.12writing,
whether the application is complete or incomplete. If the commissioner determines
3.13that an application is incomplete, the notice to the applicant must enumerate of all
3.14deficiencies
, while citing specific provisions of the applicable rules and statutes, and
must
3.15advise the applicant on how the deficiencies can be remedied.
The applicant shall have five
3.16business days to remedy all identified deficiencies before the commissioner determines
that
3.17the application is complete or incomplete. If the commissioner determines that the application
3.18is complete, the
notice commissioner must confirm the application's tier 1 or tier 2 permit
3.19status. If the commissioner believes that a complete application for a tier 2 construction
3.20permit cannot be issued within the 150-day goal, the commissioner must provide notice
to
3.21the applicant with the commissioner's notice that the application is complete and,
upon
3.22request of the applicant, provide the permit applicant with a schedule estimating
when the
3.23agency will begin drafting the permit and issue the public notice of the draft permit.
This
3.24paragraph does not apply to an application for a permit that is subject to a grant
or loan
3.25agreement under chapter 446A.
3.26(e) The commissioner must credential consultants who meet the requirements of this
3.27paragraph and must provide a logo or similar indicator with the credential that can
be used
3.28by a consultant in marketing their services. For purposes of this section, "consultant"
means
3.29a third-party professional representing a facility owner or operator to prepare or
assist in
3.30preparing a permit application or other similar documentation required by the commissioner
3.31for authorizations under chapters 115 to 116. A consultant is credentialed on January
1 each
3.32odd-numbered year if, in the preceding two years, the consultant:
3.33(1) submitted permit applications deemed complete under paragraph (d) at a rate of
at
3.34least 80 percent;
4.1(2) when applicable, met agreed-upon deadlines as part of a plan designed to increase
4.2the coordination and efficiency of regulatory activities, such as a plan described
under
4.3section 116.035;
4.4(3) did not represent an owner or operator to prepare or assist in preparing a permit
4.5application or other similar documentation when the owner or operator received a citation
4.6under section 116.073, subdivision 1, paragraph (b); and
4.7(4) was not found in violation of Minnesota Rules, part 7000.0300, relating to duty
of
4.8candor.
4.9(f) If, after notifying the permit applicant that the application is complete, the
4.10commissioner determines that additional information is needed, the commissioner must
4.11notify the applicant. Upon notice under this paragraph, counting days toward the 90-
or
4.12150-day goal described in paragraph (a) stops until the applicant has responded with
the
4.13additional information. Once the applicant has responded with all the additional information
4.14required, counting resumes from where it stopped. The applicant has 30 business days
to
4.15provide the additional information to the commissioner, but the commissioner may extend
4.16the time upon the applicant's request.
4.17(e) (g) For purposes of this subdivision, "permit professional" means an individual not
4.18employed by the Pollution Control Agency who:
4.19(1) has a professional license issued by the state of Minnesota in the subject area
of the
4.20permit;
4.21(2) has at least ten years of experience in the subject area of the permit; and
4.22(3) abides by the duty of candor applicable to employees of the Pollution Control
Agency
4.23under agency rules and complies with all applicable requirements under chapter 326.
4.24(f) (h) Upon the agency's request, an applicant relying on a permit professional must
4.25participate in a meeting with the agency before submitting an application:
4.26(1) at least two weeks prior to the preapplication meeting, the applicant must submit
at
4.27least the following:
4.28(i) project description, including, but not limited to, scope of work, primary emissions
4.29points, discharge outfalls, and water intake points;
4.30(ii) location of the project, including county, municipality, and location on the
site;
4.31(iii) business schedule for project completion; and
5.1(iv) other information requested by the agency at least four weeks prior to the scheduled
5.2meeting; and
5.3 (2) during the preapplication meeting, the agency
shall must provide for the applicant
5.4at least the following:
5.5(i) an overview of the permit review program;
5.6(ii) a determination of which specific application or applications will be necessary
to
5.7complete the project;
5.8(iii) a statement notifying the applicant if the specific permit being sought requires
a
5.9mandatory public hearing or comment period;
5.10(iv) a review of the timetable established in the permit review program for the specific
5.11permit being sought; and
5.12(v) a determination of what information must be included in the application, including
5.13a description of any required modeling or testing.
5.14(g) (i) The applicant may select a permit professional to undertake the preparation of
5.15the permit application and draft permit.
5.16(h) (j) If a preapplication meeting was held, the agency
shall must, within seven business
5.17days of receipt of an application, notify the applicant and submitting permit professional
5.18that the application is complete or is denied, specifying the deficiencies of the
application.
5.19(i) (k) Upon receipt of notice that the application is complete, the permit professional
5.20shall must submit to the agency a timetable for submitting a draft permit. The permit
5.21professional
shall must submit a draft permit on or before the date provided in the timetable.
5.22Within 60 days after the close of the public comment period, the commissioner
shall must
5.23notify the applicant whether the permit can be issued.
5.24(j) (l) Nothing in this section shall be construed to modify:
5.25(1) any requirement of law that is necessary to retain federal delegation to or assumption
5.26by the state; or
5.27(2) the authority to implement a federal law or program.
5.28(k) (m) The permit application and draft permit
shall must identify or include as an
5.29appendix all studies and other sources of information used to substantiate the analysis
5.30contained in the permit application and draft permit. The commissioner
shall must request
5.31additional studies, if needed, and the permit applicant
shall must submit all additional studies
5.32and information necessary for the commissioner to perform the commissioner's responsibility
6.1to review, modify, and determine the completeness of the application and approve the
draft
6.2permit.
6.3 Sec. 3. Minnesota Statutes 2024, section 116.07, subdivision 4a, is amended to read:
6.4 Subd. 4a.
Permits. (a) The Pollution Control Agency may issue, continue in effect or
6.5deny permits, under such conditions as it may prescribe for the prevention of pollution,
for
6.6the emission of air contaminants, or for the installation or operation of any emission
facility,
6.7air contaminant treatment facility, treatment facility, potential air contaminant
storage
6.8facility, or storage facility, or any part thereof, or for the sources or emissions
of noise
6.9pollution.
The Pollution Control Agency may issue separate permits for constructing a
6.10facility described in this paragraph and for its operation, except for a facility
required to
6.11complete a mandatory environmental impact statement under Minnesota Rules, part
6.124410.4400. The Pollution Control Agency must prioritize these permits in a manner
that
6.13minimizes the time required to construct and begin operation of the permitted facility
while
6.14complying with state and federal requirements.
6.15 (b) The Pollution Control Agency may also issue, continue in effect or deny permits,
6.16under such conditions as it may prescribe for the prevention of pollution, for the
storage,
6.17collection, transportation, processing, or disposal of waste, or for the installation
or operation
6.18of any system or facility, or any part thereof, related to the storage, collection,
transportation,
6.19processing, or disposal of waste.
6.20 (c) The agency may not issue a permit to a facility without analyzing and considering
6.21the cumulative levels and effects of past and current environmental pollution from
all sources
6.22on the environment and residents of the geographic area within which the facility's
emissions
6.23are likely to be deposited, provided that the facility is located in a community in
a city of
6.24the first class in Hennepin County that meets all of the following conditions:
6.25 (1) is within a half mile of a site designated by the federal government as an EPA
6.26superfund site due to residential arsenic contamination;
6.27 (2) a majority of the population are low-income persons of color and American Indians;
6.28 (3) a disproportionate percent of the children have childhood lead poisoning, asthma,
6.29or other environmentally related health problems;
6.30 (4) is located in a city that has experienced numerous air quality alert days of dangerous
6.31air quality for sensitive populations between February 2007 and February 2008; and
6.32 (5) is located near the junctions of several heavily trafficked state and county highways
6.33and two one-way streets which carry both truck and auto traffic.
7.1 (d) The Pollution Control Agency may revoke or modify any permit issued under this
7.2subdivision and section
116.081 whenever it is necessary, in the opinion of the agency, to
7.3prevent or abate pollution.
7.4 (e) The Pollution Control Agency has the authority for approval over the siting, expansion,
7.5or operation of a solid waste facility with regard to environmental issues. However,
the
7.6agency's issuance of a permit does not release the permittee from any liability, penalty,
or
7.7duty imposed by any applicable county ordinances. Nothing in this chapter precludes,
or
7.8shall be construed to preclude, a county from enforcing land use controls, regulations,
and
7.9ordinances existing at the time of the permit application and adopted pursuant to
Minnesota
7.10Statutes 2020, sections 366.10 to 366.181, or sections
394.21 to
394.37, or
462.351 to
7.11462.365, with regard to the siting, expansion, or operation of a solid waste facility.
7.12(f) Except as prohibited by federal law, a person may commence construction,
7.13reconstruction, replacement, or modification of any facility prior to the issuance
of a
7.14construction permit by the agency.
7.15(g) For the purposes of this subdivision, the Pollution Control Agency may require
the
7.16owners and operators of any emission facility, air containment treatment facility,
treatment
7.17facility, potential air containment storage facility, or storage facility, or any
part thereof, to
7.18conduct air dispersion modeling of air contaminants.
7.19 Sec. 4. Minnesota Statutes 2024, section 116.07, subdivision 4d, is amended to read:
7.20 Subd. 4d.
Permit fees. (a) The agency may collect permit fees in amounts not greater
7.21than those necessary to cover the reasonable costs of developing, reviewing, and acting
7.22upon applications for agency permits and implementing and enforcing the conditions
of the
7.23permits pursuant to agency rules. Permit fees shall not include the costs of litigation.
The
7.24fee schedule must reflect reasonable and routine direct and indirect costs associated
with
7.25permitting, implementation, and enforcement. The agency may impose an additional
7.26enforcement fee to be collected for a period of up to two years to cover the reasonable
costs
7.27of implementing and enforcing the conditions of a permit under the rules of the agency.
7.28Any money collected under this paragraph shall be deposited in the environmental fund.
7.29(b) Notwithstanding paragraph (a), the agency shall collect an annual fee from the
owner
7.30or operator of all stationary sources, emission facilities, emissions units, air contaminant
7.31treatment facilities, treatment facilities, potential air contaminant storage facilities,
or storage
7.32facilities subject to a notification, permit, or license requirement under this chapter,
7.33subchapters I and V of the federal Clean Air Act, United States Code, title 42, section
7401
7.34et seq., or rules adopted thereunder. The annual fee shall be used to pay for all
direct and
8.1indirect reasonable costs, including legal costs, required to develop and administer
the
8.2notification, permit, or license program requirements of this chapter, subchapters
I and V
8.3of the federal Clean Air Act, United States Code, title 42, section 7401 et seq.,
or rules
8.4adopted thereunder. Those costs include the reasonable costs of reviewing and acting
upon
8.5an application for a permit; implementing and enforcing statutes, rules, and the terms
and
8.6conditions of a permit; emissions, ambient, and deposition monitoring; preparing generally
8.7applicable regulations; responding to federal guidance; modeling, analyses, and
8.8demonstrations; preparing inventories and tracking emissions; and providing information
8.9to the public about these activities.
8.10(c) The agency shall set fees that:
8.11(1) will result in the collection, in the aggregate, from the sources listed in paragraph
8.12(b), of an amount not less than $25 per ton of each volatile organic compound; pollutant
8.13regulated under United States Code, title 42, section 7411 or 7412 (section 111 or
112 of
8.14the federal Clean Air Act); and each pollutant, except carbon monoxide, for which
a national
8.15primary ambient air quality standard has been promulgated;
8.16(2) may result in the collection, in the aggregate, from the sources listed in paragraph
8.17(b), of an amount not less than $25 per ton of each pollutant not listed in clause
(1) that is
8.18regulated under this chapter or air quality rules adopted under this chapter; and
8.19(3) shall collect, in the aggregate, from the sources listed in paragraph (b), the
amount
8.20needed to match grant funds received by the state under United States Code, title
42, section
8.217405 (section 105 of the federal Clean Air Act).
8.22The agency must not include in the calculation of the aggregate amount to be collected
8.23under clauses (1) and (2) any amount in excess of 4,000 tons per year of each air
pollutant
8.24from a source. The increase in air permit fees to match federal grant funds shall
be a surcharge
8.25on existing fees. The commissioner may not collect the surcharge after the grant funds
8.26become unavailable. In addition, the commissioner shall use nonfee funds to the extent
8.27practical to match the grant funds so that the fee surcharge is minimized.
8.28(d) To cover the reasonable costs described in paragraph (b), the agency shall provide
8.29in the rules promulgated under paragraph (c) for an increase in the fee collected
in each
8.30year by the percentage, if any, by which the Consumer Price Index for the most recent
8.31calendar year ending before the beginning of the year the fee is collected exceeds
the
8.32Consumer Price Index for the calendar year 1989. For purposes of this paragraph the
8.33Consumer Price Index for any calendar year is the average of the Consumer Price Index
for
8.34all-urban consumers published by the United States Department of Labor, as of the
close
9.1of the 12-month period ending on August 31 of each calendar year. The revision of
the
9.2Consumer Price Index that is most consistent with the Consumer Price Index for calendar
9.3year 1989 shall be used.
9.4(e) Any money collected under paragraphs (b) to (d) must be deposited in the
9.5environmental fund and must be used solely for the activities listed in paragraph
(b).
9.6(f) Permit applicants who wish to construct, reconstruct, or modify a project may
offer
9.7request expedited permitting under this paragraph. An applicant requesting expedited
9.8permitting under this paragraph must agree to reimburse the agency for the costs of staff
9.9time or consultant services needed to expedite the preapplication process and permit
9.10development process through the final decision on the permit, including the analysis
of
9.11environmental review documents. The reimbursement
shall be is in addition to permit
9.12application fees imposed by law.
When the agency determines that it needs additional
9.13resources to develop the permit application in an expedited manner, and that expediting
the
9.14development is consistent with permitting program priorities, the agency may accept
the
9.15reimbursement. The commissioner must give the applicant an estimate of
the timeline and
9.16costs to be incurred by the commissioner. The estimate must include a brief description
of
9.17the tasks to be performed, a schedule for completing the tasks, and the estimated
cost for
9.18each task.
If the applicant agrees to the estimated timeline and costs negotiated with the
9.19commissioner, the applicant and the commissioner must enter into a written agreement
9.20detailing the estimated costs for the expedited permit decision-making process to
be incurred
9.21by the agency to proceed accordingly. The agreement must
also identify staff anticipated
9.22to be assigned to the project.
The agreement may provide that, if permitting is completed
9.23ahead of the schedule set forth in the written agreement, the commissioner may retain
any
9.24fees that would have been due if the permitting had taken the time contemplated in
the
9.25written agreement. Fees retained by the commissioner under this paragraph are appropriated
9.26to the commissioner for administering the commissioner's permitting duties. The
9.27commissioner must not issue a permit until the applicant has paid all fees in full.
The
9.28commissioner must refund any unobligated balance of fees paid. Reimbursements accepted
9.29by the agency are appropriated to the agency for the purpose of developing the permit
or
9.30analyzing environmental review documents. Reimbursement by a permit applicant shall
9.31precede and not be contingent upon issuance of a permit; shall not affect the agency's
decision
9.32on whether to issue or deny a permit, what conditions are included in a permit, or
the
9.33application of state and federal statutes and rules governing permit determinations;
and shall
9.34not affect final decisions regarding environmental review.
9.35(g) The fees under this subdivision are exempt from section
16A.1285.
10.1 Sec. 5. Minnesota Statutes 2024, section 116D.04, subdivision 2a, is amended to read:
10.2 Subd. 2a.
When prepared. (a) Where there is potential for significant environmental
10.3effects resulting from any major governmental action, the action must be preceded
by a
10.4detailed environmental impact statement prepared by the responsible governmental unit.
10.5The environmental impact statement must be an analytical rather than an encyclopedic
10.6document that describes the proposed action in detail, analyzes its significant environmental
10.7impacts, discusses appropriate alternatives to the proposed action and their impacts,
and
10.8explores methods by which adverse environmental impacts of an action could be mitigated.
10.9The environmental impact statement must also analyze those economic, employment, and
10.10sociological effects that cannot be avoided should the action be implemented. To ensure
its
10.11use in the decision-making process, the environmental impact statement must be prepared
10.12as early as practical in the formulation of an action.
10.13 (b) The board shall by rule establish categories of actions for which environmental
10.14impact statements and for which environmental assessment worksheets must be prepared
10.15as well as categories of actions for which no environmental review is required under
this
10.16section. A mandatory environmental assessment worksheet is not required for the expansion
10.17of an ethanol plant, as defined in section
41A.09, subdivision 2a, paragraph (b), or the
10.18conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol
10.19facility as defined in section
41A.15, subdivision 2d, based on the capacity of the expanded
10.20or converted facility to produce alcohol fuel, but must be required if the ethanol
plant or
10.21biobutanol facility meets or exceeds thresholds of other categories of actions for
which
10.22environmental assessment worksheets must be prepared. The responsible governmental
unit
10.23for an ethanol plant or biobutanol facility project for which an environmental assessment
10.24worksheet is prepared is the state agency with the greatest responsibility for supervising
or
10.25approving the project as a whole.
10.26(c) A mandatory environmental impact statement is not required for a facility or plant
10.27located outside the seven-county metropolitan area that produces less than 125,000,000
10.28gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than
400,000
10.29tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined
in section
10.3041A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section
41A.15,
10.31subdivision 2d; or a cellulosic biofuel facility. A facility or plant that only uses
a cellulosic
10.32feedstock to produce chemical products for use by another facility as a feedstock
is not
10.33considered a fuel conversion facility as used in rules adopted under this chapter.
10.34 (d) The responsible governmental unit shall promptly publish notice of the completion
10.35of an environmental assessment worksheet by publishing the notice in at least one
newspaper
11.1of general circulation in the geographic area where the project is proposed, by posting
the
11.2notice on a website that has been designated as the official publication site for
publication
11.3of proceedings, public notices, and summaries of a political subdivision in which
the project
11.4is proposed, or in any other manner determined by the board and shall provide copies
of
11.5the environmental assessment worksheet to the board and its member agencies. Comments
11.6on the need for an environmental impact statement may be submitted to the responsible
11.7governmental unit during a 30-day period following publication of the notice that
an
11.8environmental assessment worksheet has been completed. The responsible governmental
11.9unit may extend the 30-day comment period for an additional 30 days one time. Further
11.10extensions of the comment period may not be made unless approved by the project's
proposer.
11.11The responsible governmental unit's decision on the need for an environmental impact
11.12statement must be based on the environmental assessment worksheet and the comments
11.13received during the comment period, and must be made within 15 days after the close
of
11.14the comment period. The board's chair may extend the 15-day period by not more than
15
11.15additional days upon the request of the responsible governmental unit.
11.16 (e) An environmental assessment worksheet must also be prepared for a proposed action
11.17whenever material evidence accompanying a petition
by not less than 100 individuals who
11.18reside or own property in the state, submitted before the proposed project has received final
11.19approval by the appropriate governmental units, demonstrates that, because of the
nature
11.20or location of a proposed action, there may be potential for significant environmental
effects.
11.21Petitions may be submitted by:
11.22 (1) a Minnesota Tribal government as defined under section 10.65, subdivision 2; or
11.23 (2) not less than 100 individuals who reside or own property in the state.
11.24 (f) Petitions requesting the preparation of an environmental assessment worksheet
under
11.25paragraph (e) must be submitted to the board. The chair of the board
or designee shall
11.26determine the appropriate responsible governmental unit and forward the petition to
it. A
11.27decision on the need for an environmental assessment worksheet must be made by the
11.28responsible governmental unit within 15 days after the petition is received by the
responsible
11.29governmental unit. The board's chair
or designee may extend the 15-day period by not more
11.30than 15 additional days upon request of the responsible governmental unit.
11.31 (f) (g) Except in an environmentally sensitive location where Minnesota Rules, part
11.324410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
11.33review under this chapter and rules of the board, if:
11.34 (1) the proposed action is:
12.1 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
12.2 (ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
12.3of less than 1,000 animal units;
12.4 (2) the application for the animal feedlot facility includes a written commitment
by the
12.5proposer to design, construct, and operate the facility in full compliance with Pollution
12.6Control Agency feedlot rules; and
12.7 (3) the county board holds a public meeting for citizen input at least ten business
days
12.8before the Pollution Control Agency or county issuing a feedlot permit for the animal
feedlot
12.9facility unless another public meeting for citizen input has been held with regard
to the
12.10feedlot facility to be permitted. The exemption in this paragraph is in addition to
other
12.11exemptions provided under other law and rules of the board.
12.12 (g) (h) The board may, before final approval of a proposed project, require preparation
12.13of an environmental assessment worksheet by a responsible governmental unit selected
by
12.14the board for any action where environmental review under this section has not been
12.15specifically provided for by rule or otherwise initiated.
12.16 (h) (i) An early and open process must be used to limit the scope of the environmental
12.17impact statement to a discussion of those impacts that, because of the nature or location
of
12.18the project, have the potential for significant environmental effects. The same process
must
12.19be used to determine the form, content, and level of detail of the statement as well
as the
12.20alternatives that are appropriate for consideration in the statement. In addition,
the permits
12.21that will be required for the proposed action must be identified during the scoping
process.
12.22Further, the process must identify those permits for which information will be developed
12.23concurrently with the environmental impact statement. The board shall provide in its
rules
12.24for the expeditious completion of the scoping process. The determinations reached
in the
12.25process must be incorporated into the order requiring the preparation of an environmental
12.26impact statement.
12.27 (i) (j) The responsible governmental unit shall, to the extent practicable, avoid duplication
12.28and ensure coordination between state and federal environmental review and between
12.29environmental review and environmental permitting. Whenever practical, information
12.30needed by a governmental unit for making final decisions on permits or other actions
required
12.31for a proposed project must be developed in conjunction with the preparation of an
12.32environmental impact statement. When an environmental impact statement is prepared
for
12.33a project requiring multiple permits for which two or more agencies' decision processes
12.34include either mandatory or discretionary hearings before a hearing officer before
the
13.1agencies' decision on the permit, the agencies may, notwithstanding any law or rule
to the
13.2contrary, conduct the hearings in a single consolidated hearing process if requested
by the
13.3proposer. All agencies having jurisdiction over a permit that is included in the consolidated
13.4hearing shall participate. The responsible governmental unit shall establish appropriate
13.5procedures for the consolidated hearing process, including procedures to ensure that
the
13.6consolidated hearing process is consistent with the applicable requirements for each
permit
13.7regarding the rights and duties of parties to the hearing, and shall use the earliest
applicable
13.8hearing procedure to initiate the hearing. All agencies having jurisdiction over a
permit
13.9identified in the draft environmental assessment worksheet scoping document must begin
13.10reviewing any permit application upon publication of the notice of preparation of
the
13.11environmental impact statement.
13.12 (j) (k) An environmental impact statement must be prepared and its adequacy determined
13.13within 280 days after notice of its preparation unless the time is extended by consent
of the
13.14parties or by the governor for good cause. The responsible governmental unit shall
determine
13.15the adequacy of an environmental impact statement, unless within 60 days after notice
is
13.16published that an environmental impact statement will be prepared, the board chooses
to
13.17determine the adequacy of an environmental impact statement. If an environmental impact
13.18statement is found to be inadequate, the responsible governmental unit has 60 days
to prepare
13.19an adequate environmental impact statement.
13.20 (k) (l) The proposer of a specific action may include in the information submitted to the
13.21responsible governmental unit a preliminary draft environmental impact statement under
13.22this section on that action for review, modification, and determination of completeness
and
13.23adequacy by the responsible governmental unit. A preliminary draft environmental impact
13.24statement prepared by the project proposer and submitted to the responsible governmental
13.25unit must identify or include as an appendix all studies and other sources of information
13.26used to substantiate the analysis contained in the preliminary draft environmental
impact
13.27statement. The responsible governmental unit shall require additional studies, if
needed,
13.28and obtain from the project proposer all additional studies and information necessary
for
13.29the responsible governmental unit to perform its responsibility to review, modify,
and
13.30determine the completeness and adequacy of the environmental impact statement.
13.31 Sec. 6. Minnesota Statutes 2024, section 116D.04, subdivision 2b, is amended to read:
13.32 Subd. 2b.
Project prerequisites. (a) If an environmental assessment worksheet or an
13.33environmental impact statement is required for a governmental action under subdivision
14.12a, a project may not be started and a final governmental decision may not be made
to grant
14.2a permit, approve a project, or begin a project, until:
14.3(1) a petition for an environmental assessment worksheet is dismissed;
14.4(2) a negative declaration has been issued on the need for an environmental impact
14.5statement;
14.6(3) the environmental impact statement has been determined adequate; or
14.7(4) a variance has been granted from making an environmental impact statement by the
14.8environmental quality board.
14.9(b) Nothing in this subdivision precludes a local unit of government from beginning
to
14.10review a feedlot permit application for a feedlot subject to environmental review
under this
14.11chapter.
14.12 Sec. 7. Minnesota Statutes 2024, section 116D.04, subdivision 5a, is amended to read:
14.13 Subd. 5a.
Rules. The board shall, by January 1, 1981, promulgate rules in conformity
14.14with this chapter and the provisions of chapter
15, establishing:
14.15(1) the governmental unit which shall be responsible for environmental review of a
14.16proposed action;
14.17(2) the form and content of environmental assessment worksheets;
14.18(3) a scoping process in conformance with subdivision 2a, paragraph
(h) (i);
14.19(4) a procedure for identifying during the scoping process the permits necessary for
a
14.20proposed action and a process for coordinating review of appropriate permits with
the
14.21preparation of the environmental impact statement;
14.22(5) a standard format for environmental impact statements;
14.23(6) standards for determining the alternatives to be discussed in an environmental
impact
14.24statement;
14.25(7) alternative forms of environmental review which are acceptable pursuant to
14.26subdivision 4a;
14.27(8) a model ordinance which may be adopted and implemented by local governmental
14.28units in lieu of the environmental impact statement process required by this section,
providing
14.29for an alternative form of environmental review where an action does not require a
state
14.30agency permit and is consistent with an applicable comprehensive plan. The model ordinance
14.31shall provide for adequate consideration of appropriate alternatives, and shall ensure
that
15.1decisions are made in accordance with the policies and purposes of Laws 1980, chapter
15.2447;
15.3(9) procedures to reduce paperwork and delay through intergovernmental cooperation
15.4and the elimination of unnecessary duplication of environmental reviews;
15.5(10) procedures for expediting the selection of consultants by the governmental unit
15.6responsible for the preparation of an environmental impact statement; and
15.7(11) any additional rules which are reasonably necessary to carry out the requirements
15.8of this section.
15.9 Sec. 8. Minnesota Statutes 2024, section 116D.045, subdivision 1, is amended to read:
15.10 Subdivision 1.
Assessment. The board must by rule adopt procedures to:
15.11(1) assess the proposer of a specific action for the responsible governmental unit's
15.12reasonable costs of preparing, reviewing, and distributing the environmental impact
statement.
15.13The costs must be determined by the responsible governmental unit according to the
rules
15.14adopted by the board; and
15.15(2) authorize a responsible governmental unit to allow a proposer of a specific action
to
15.16prepare a draft environmental impact statement according to section
116D.04, subdivision
15.172a, paragraph
(k) (l).
15.18 Sec. 9.
SCOPING ENVIRONMENTAL ASSESSMENT WORKSHEET NOT
15.19REQUIRED FOR PROJECTS THAT REQUIRE A MANDATORY
15.20ENVIRONMENTAL IMPACT STATEMENT.
15.21(a) The Environmental Quality Board must amend Minnesota Rules, part 4410.2100, as
15.22follows:
15.23(1) to provide that an environmental assessment worksheet does not need to be prepared
15.24for a project that falls within a mandatory environmental impact statement category
under
15.25Minnesota Rules, part 4410.4400, or other applicable law; and
15.26(2) to provide that a scoping process undertaken under Minnesota Rules, part 4410.2100,
15.27must be completed no later than 280 days after the process begins.
15.28(b) The board may use the good-cause exemption under Minnesota Statutes, section
15.2914.388, subdivision 1, clause (3), to adopt rules under this section, and Minnesota
Statutes,
15.30section 14.386, does not apply except as provided under Minnesota Statutes, section
14.388.
16.1 Sec. 10.
STATE IMPLEMENTATION PLAN REVISIONS.
16.2The commissioner of the Pollution Control Agency must seek approval from the federal
16.3Environmental Protection Agency for revisions to the state's federal Clean Air Act
state
16.4implementation plan if changes are needed to reflect the requirements of Minnesota
Statutes,
16.5section 116.07, subdivision 4a, as amended by this act.
16.6 Sec. 11.
REPORT ON USE OF AUTHORITY TO EXTEND TIMELINE FOR
16.7CERTAIN AGENCY ACTIONS.
16.8By February 15, 2028, the Board of Water and Soil Resources must report to the chairs
16.9and ranking minority members of the legislative committees with jurisdiction over
16.10environment and natural resources policy on the number of extensions noticed under
16.11Minnesota Statutes, section 15.99, subdivision 3, paragraph (f), that are made for
any decision
16.12under Minnesota Rules, chapter 8420, between January 1, 2026, and December 31, 2027.
16.13A local government unit must supply the board with information necessary to prepare
the
16.14report required by this section."
16.15Amend the title accordingly
16.16The motion prevailed. #did not prevail. So the amendment was #not adopted.