1.2relating to natural resources; providing for assistance to local governments for
1.3regulation of silica sand projects;proposing coding for new law in Minnesota
1.4Statutes, chapter 116.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. [116.68] SILICA SAND LOCAL GOVERNMENT ASSISTANCE.
1.7    Subdivision 1. Definitions. The definitions in this subdivision apply to this section.
1.8(a) "Local government unit" means the local government responsible for zoning and
1.9land use approvals for all or a portion of a silica sand project.
1.10(b) "Silica sand" means naturally existing high quartz level sand for several
1.11industrial uses. Silica sand does not include common rock, stone, aggregate, gravel,
1.12or sand with a low quartz level.
1.13(c) "Silica sand project" means the excavation and mining of silica sand; the
1.14washing, cleaning, screening, crushing, filtering, sorting, processing, stockpiling, and
1.15storing of silica sand, either at the mining site or at any other site; the hauling and
1.16transporting of silica sand; or a facility for transporting silica sand to destinations by rail,
1.17barge, truck, or other means of transportation.
1.18    Subd. 2. Technical advisory council. (a) A Silica Sand Technical Advisory Council
1.19is created to provide assistance to local governments to ensure the protection of human
1.20health and the environment from silica sand projects.
1.21(b) The council is comprised of technical representatives from the Pollution Control
1.22Agency and the Departments of Natural Resources, Health, and Transportation, appointed
1.23by the respective commissioner of each agency. The appointees serve at the pleasure
1.24of the appointing commissioner.
2.1(c) The commissioner of the Pollution Control Agency or the commissioner's
2.2designee shall chair the council.
2.3(d) Each of the state agencies named under paragraph (b) shall provide staff support
2.4as needed for the execution of council duties.
2.5(e) Notwithstanding section 15.059, subdivision 5, the council does not expire.
2.6    Subd. 3. Model ordinances report. By October 1, 2013, the Silica Sand Technical
2.7Advisory Council shall create a report on local government ordinances and local
2.8government permits that have been approved for regulation of silica sand projects for
2.9reference by local governments in developing local ordinances. The report shall include a
2.10comparison of local ordinance and permit provisions related to:
2.11(1) mining operation and processing setbacks and setbacks from residences,
2.12residential districts, streets, highways, bluffs, and the ordinary high water marks of
2.13public waters;
2.14(2) standards for hours of operation;
2.15(3) groundwater and surface water monitoring and mitigation plan requirements,
2.16including:
2.17(i) well sealing requirements;
2.18(ii) annual submission of monitoring well data; and
2.19(iii) storm water runoff rate limits;
2.20(4) air monitoring and data submission requirements;
2.21(5) dust control requirements;
2.22(6) noise testing and mitigation plan requirements;
2.23(7) blast monitoring plan requirements;
2.24(8) lighting requirements;
2.25(9) inspection requirements;
2.26(10) financial assurance requirements; and
2.27(11) reclamation plan requirements.
2.28    Subd. 4. Council assistance. (a) A local government unit may request that the Silica
2.29Sand Technical Advisory Council provide assistance and advice in evaluating a silica sand
2.30project and developing proper conditions to be included in any local government approval
2.31for a silica sand project to ensure the protection of human health and the environment.
2.32The council may seek advice and assistance from others with additional expertise to help
2.33the council in its work.
2.34(b) The council, if requested to do so by the local government unit, must make
2.35technical findings regarding state laws and regulations applicable to the silica sand project
2.36and recommendations for conditions that the local government unit should consider
3.1incorporating into the local government approval for the project to protect human health
3.2and the environment. The council must provide its findings to the local government unit
3.3for consideration.
3.4(c) When the council assembles findings or makes a recommendation for the
3.5protection of human health and the environment, the local government unit must consider
3.6the findings or recommendations of the council in its approval or denial of a silica sand
3.7project. If the local government unit does not agree with the council's findings and
3.8recommendations, the detailed reasons for the disagreement must be part of the local
3.9government unit's record of decision.
3.10(d) Silica sand project proposers must cooperate in providing local government unit
3.11staff and members of the council with information regarding the project.
3.12EFFECTIVE DATE.This section is effective the day following final enactment.