Bill Text: MN HF20 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Environmental impact statement process modified.
Spectrum: Partisan Bill (Republican 35-0)
Status: (Passed) 2011-07-20 - Secretary of State Chapter 7 [HF20 Detail]
Download: Minnesota-2011-HF20-Introduced.html
1.2relating to environment; modifying environmental impact statement process;
1.3amending Minnesota Statutes 2010, section 116D.04, subdivisions 2a, 3a, 11, 13,
1.4by adding a subdivision; repealing Minnesota Statutes 2010, section 116D.04,
1.5subdivisions 5a, 9, 10.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 116D.04, subdivision 2a, is amended to
1.8read:
1.9 Subd. 2a. When prepared. Where there is potential for significant environmental
1.10effects resulting from any major governmental action, the action shall be preceded by a
1.11detailed environmental impact statement prepared by the responsible governmental unit.
1.12A responsible governmental unit may contract for the preparation of an environmental
1.13impact statement. The environmental impact statement shall be an analytical rather than
1.14an encyclopedic document which describes the proposed action in detail, analyzes its
1.15significant environmental impacts, discusses appropriate alternatives to the proposed
1.16action and their impacts, and explores methods by which adverse environmental impacts
1.17of an action could be mitigated.The environmental impact statement shall also analyze
1.18those economic, employment and sociological effects that cannot be avoided should
1.19the action be implemented. To ensure its use in the decision-making process, the
1.20environmental impact statement shall be prepared as rapidly and early as practical in the
1.21formulation of an action. No mandatory environmental impact statement may be required
1.22for an ethanol plant, as defined in section41A.09, subdivision 2a , paragraph (b), that
1.23produces less than 125,000,000 gallons of ethanol annually and is located outside of the
1.24seven-county metropolitan area.
2.1(a) The board shall by rule establish categories of actions for which environmental
2.2impact statements and for which environmental assessment worksheets shall be prepared
2.3as well as categories of actions for which no environmental review is required under
2.4this section.
2.5(b) The responsible governmental unit shall promptly publish notice of the
2.6completion of an environmental assessment worksheet in a manner to be determined by
2.7the board and shall provide copies of the environmental assessment worksheet to the board
2.8and its member agencies. Comments on the need for an environmental impact statement
2.9may be submitted to the responsible governmental unit during a 30-day period following
2.10publication of the notice that an environmental assessment worksheet has been completed.
2.11The responsible governmental unit's decision on the need for an environmental impact
2.12statement shall be based on the environmental assessment worksheet and the comments
2.13received during the comment period, and shall be made within 15 days after the close of
2.14the comment period.The board's chair may extend the 15-day period by not more than 15
2.15additional days upon the request of the responsible governmental unit.
2.16(c)An environmental assessment worksheet shall also be prepared for a proposed
2.17action whenever material evidence accompanying a petition by not less than 25
2.18individuals, submitted before the proposed project has received final approval by the
2.19appropriate governmental units, demonstrates that, because of the nature or location of a
2.20proposed action, there may be potential for significant environmental effects. Petitions
2.21requesting the preparation of an environmental assessment worksheet shall be submitted to
2.22the board. The chair of the board shall determine the appropriate responsible governmental
2.23unit and forward the petition to it. A decision on the need for an environmental assessment
2.24worksheet shall be made by the responsible governmental unit within 15 days after the
2.25petition is received by the responsible governmental unit. The board's chair may extend
2.26the 15-day period by not more than 15 additional days upon request of the responsible
2.27governmental unit.
2.28(d) Except in an environmentally sensitive location where Minnesota Rules, part
2.294410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
2.30review under this chapter and rules of the board, if:
2.31(1) the proposed action is:
2.32(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
2.33(ii) an expansion of an existing animal feedlot facility with a total cumulative
2.34capacity of less than 1,000 animal units;
3.1(2) the application for the animal feedlot facility includes a written commitment by
3.2the proposer to design, construct, and operate the facility in full compliance with Pollution
3.3Control Agency feedlot rules; and
3.4(3) the county board holds a public meeting for citizen input at least ten business
3.5days prior to the Pollution Control Agency or county issuing a feedlot permit for the
3.6animal feedlot facility unless another public meeting for citizen input has been held with
3.7regard to the feedlot facility to be permitted. The exemption in this paragraph is in
3.8addition to other exemptions provided under other law and rules of the board.
3.9(e) (d) The board may, prior to final approval of a proposed project, require
3.10preparation of an environmental assessment worksheet by a responsible governmental unit
3.11selected by the board for any action where environmental review under this section has
3.12not been specifically provided for by rule or otherwise initiated.
3.13(f) (e) An early and open expedited process shall be utilized to limit the scope of
3.14the environmental impact statement to a discussion of those impacts, which, because of
3.15the nature or location of the project, have the potential for significant environmental
3.16effects. The same process shall be utilized to determine the form, content and level of
3.17detail of the statement as well as the alternatives which are appropriate for consideration
3.18in the statement. In addition, the permits which will be required for the proposed action
3.19shall be identified during the scoping process. Further, the process shall identify those
3.20permits for which information will be developed concurrently with the environmental
3.21impact statement. The board shall provide in its rules for the expeditious completion of
3.22the scoping process. The determinations reached in the process shall be incorporated into
3.23the order requiring the preparation of an environmental impact statement.
3.24(g) (f) The responsible governmental unit shall, to the extent practicable, avoid
3.25duplication and ensure coordination between state and federal environmental review
3.26and between environmental review and environmental permitting. Whenever practical,
3.27information needed by a governmental unit for making final decisions on permits or
3.28other actions required for a proposed project shall be developed in conjunction with the
3.29preparation of an environmental impact statement.
3.30(h) (g) An environmental impact statement shall be prepared and its adequacy
3.31determined within280 120 days after notice of its preparation unless the time is extended
3.32by consent of the parties or by the governor for good cause. The responsible governmental
3.33unit shall determine the adequacy of an environmental impact statement, unless within 60
3.34days after notice is published that an environmental impact statement will be prepared,
3.35the board chooses to determine the adequacy of an environmental impact statement. If an
3.36environmental impact statement is found to be inadequate, the responsible governmental
4.1unit shall have60 45 days to prepare an adequate environmental impact statement. If the
4.2responsible governmental unit fails to act within the time required under this paragraph,
4.3the environmental impact statement is deemed adequate, unless a written contract of
4.4exception has been agreed to by the project proposer.
4.5(h) The total time allowed for public comments during an environmental assessment
4.6worksheet or environmental impact statement process shall be 30 days.
4.7 Sec. 2. Minnesota Statutes 2010, section 116D.04, subdivision 3a, is amended to read:
4.8 Subd. 3a. Final decisions. Within90 60 days after final approval of an
4.9environmental impact statement, final decisions shall be made by the appropriate
4.10governmental units on those permits which were identified as required and for which
4.11information was developed concurrently with the preparation of the environmental impact
4.12statement. Provided, however, that the90-day 60-day period may be extended where a
4.13longer period is required by federal law or state statute or is consented to by the permit
4.14applicant. The permit decision shall include the reasons for the decision, including
4.15any conditions under which the permit is issued, together with a final order granting or
4.16denying the permit.
4.17 Sec. 3. Minnesota Statutes 2010, section 116D.04, subdivision 11, is amended to read:
4.18 Subd. 11. Failure to act. If the board or governmental unit which is required to
4.19act within a time period specified in this section fails to so act,any person may seek an
4.20order of the district court requiring the board or governmental unit to immediately take
4.21the action mandated by subdivisions 2a and 3a the permit or other government action
4.22necessary is deemed approved and the project proposer may proceed with the project.
4.23 Sec. 4. Minnesota Statutes 2010, section 116D.04, subdivision 13, is amended to read:
4.24 Subd. 13. Enforcement. This section may be enforced by injunction, action to
4.25compel performance, or other appropriate action in the district court of the county where
4.26the violation takes place.Upon the request of the board or the chair of the board, the
4.27attorney general may bring an action under this subdivision.
4.28 Sec. 5. Minnesota Statutes 2010, section 116D.04, is amended by adding a subdivision
4.29to read:
4.30 Subd. 15. Rules. The board shall, by June 30, 2011, amend rules to conform to
4.31sections 1 to 4. The rules adopted under this section are not subject to the rulemaking
5.1procedures of chapter 14 and section 14.386 does not apply. Subsequent rulemaking
5.2authority under this section must be explicitly authorized by the legislature.
5.3 Sec. 6. REPEALER.
5.4Minnesota Statutes 2010, section 116D.04, subdivisions 5a, 9, and 10, are repealed.
1.3amending Minnesota Statutes 2010, section 116D.04, subdivisions 2a, 3a, 11, 13,
1.4by adding a subdivision; repealing Minnesota Statutes 2010, section 116D.04,
1.5subdivisions 5a, 9, 10.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2010, section 116D.04, subdivision 2a, is amended to
1.8read:
1.9 Subd. 2a. When prepared. Where there is potential for significant environmental
1.10effects resulting from any major governmental action, the action shall be preceded by a
1.11detailed environmental impact statement prepared by the responsible governmental unit.
1.12A responsible governmental unit may contract for the preparation of an environmental
1.13impact statement. The environmental impact statement shall be an analytical rather than
1.14an encyclopedic document which describes the proposed action in detail, analyzes its
1.15significant environmental impacts, discusses appropriate alternatives to the proposed
1.16action and their impacts, and explores methods by which adverse environmental impacts
1.17of an action could be mitigated.
1.18
1.19
1.20environmental impact statement shall be prepared as rapidly and early as practical in the
1.21formulation of an action. No mandatory environmental impact statement may be required
1.22for an ethanol plant, as defined in section
1.23produces less than 125,000,000 gallons of ethanol annually and is located outside of the
1.24seven-county metropolitan area.
2.1(a) The board shall by rule establish categories of actions for which environmental
2.2impact statements and for which environmental assessment worksheets shall be prepared
2.3as well as categories of actions for which no environmental review is required under
2.4this section.
2.5(b) The responsible governmental unit shall promptly publish notice of the
2.6completion of an environmental assessment worksheet in a manner to be determined by
2.7the board and shall provide copies of the environmental assessment worksheet to the board
2.8and its member agencies. Comments on the need for an environmental impact statement
2.9may be submitted to the responsible governmental unit during a 30-day period following
2.10publication of the notice that an environmental assessment worksheet has been completed.
2.11The responsible governmental unit's decision on the need for an environmental impact
2.12statement shall be based on the environmental assessment worksheet and the comments
2.13received during the comment period, and shall be made within 15 days after the close of
2.14the comment period.
2.15
2.16(c)
2.17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
2.25
2.26
2.27
2.28
2.294410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
2.30review under this chapter and rules of the board, if:
2.31(1) the proposed action is:
2.32(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
2.33(ii) an expansion of an existing animal feedlot facility with a total cumulative
2.34capacity of less than 1,000 animal units;
3.1(2) the application for the animal feedlot facility includes a written commitment by
3.2the proposer to design, construct, and operate the facility in full compliance with Pollution
3.3Control Agency feedlot rules; and
3.4(3) the county board holds a public meeting for citizen input at least ten business
3.5days prior to the Pollution Control Agency or county issuing a feedlot permit for the
3.6animal feedlot facility unless another public meeting for citizen input has been held with
3.7regard to the feedlot facility to be permitted. The exemption in this paragraph is in
3.8addition to other exemptions provided under other law and rules of the board.
3.9
3.10preparation of an environmental assessment worksheet by a responsible governmental unit
3.11selected by the board for any action where environmental review under this section has
3.12not been specifically provided for by rule or otherwise initiated.
3.13
3.14the environmental impact statement to a discussion of those impacts, which, because of
3.15the nature or location of the project, have the potential for significant environmental
3.16effects. The same process shall be utilized to determine the form, content and level of
3.17detail of the statement as well as the alternatives which are appropriate for consideration
3.18in the statement. In addition, the permits which will be required for the proposed action
3.19shall be identified during the scoping process. Further, the process shall identify those
3.20permits for which information will be developed concurrently with the environmental
3.21impact statement. The board shall provide in its rules for the expeditious completion of
3.22the scoping process. The determinations reached in the process shall be incorporated into
3.23the order requiring the preparation of an environmental impact statement.
3.24
3.25duplication and ensure coordination between state and federal environmental review
3.26and between environmental review and environmental permitting. Whenever practical,
3.27information needed by a governmental unit for making final decisions on permits or
3.28other actions required for a proposed project shall be developed in conjunction with the
3.29preparation of an environmental impact statement.
3.30
3.31determined within
3.32
3.33unit shall determine the adequacy of an environmental impact statement
3.34
3.35
3.36environmental impact statement is found to be inadequate, the responsible governmental
4.1unit shall have
4.2responsible governmental unit fails to act within the time required under this paragraph,
4.3the environmental impact statement is deemed adequate, unless a written contract of
4.4exception has been agreed to by the project proposer.
4.5(h) The total time allowed for public comments during an environmental assessment
4.6worksheet or environmental impact statement process shall be 30 days.
4.7 Sec. 2. Minnesota Statutes 2010, section 116D.04, subdivision 3a, is amended to read:
4.8 Subd. 3a. Final decisions. Within
4.9environmental impact statement, final decisions shall be made by the appropriate
4.10governmental units on those permits which were identified as required and for which
4.11information was developed concurrently with the preparation of the environmental impact
4.12statement. Provided, however, that the
4.13longer period is required by federal law or state statute or is consented to by the permit
4.14applicant. The permit decision shall include the reasons for the decision, including
4.15any conditions under which the permit is issued, together with a final order granting or
4.16denying the permit.
4.17 Sec. 3. Minnesota Statutes 2010, section 116D.04, subdivision 11, is amended to read:
4.18 Subd. 11. Failure to act. If the board or governmental unit which is required to
4.19act within a time period specified in this section fails to so act,
4.20
4.21
4.22necessary is deemed approved and the project proposer may proceed with the project.
4.23 Sec. 4. Minnesota Statutes 2010, section 116D.04, subdivision 13, is amended to read:
4.24 Subd. 13. Enforcement. This section may be enforced by injunction, action to
4.25compel performance, or other appropriate action in the district court of the county where
4.26the violation takes place.
4.27
4.28 Sec. 5. Minnesota Statutes 2010, section 116D.04, is amended by adding a subdivision
4.29to read:
4.30 Subd. 15. Rules. The board shall, by June 30, 2011, amend rules to conform to
4.31sections 1 to 4. The rules adopted under this section are not subject to the rulemaking
5.1procedures of chapter 14 and section 14.386 does not apply. Subsequent rulemaking
5.2authority under this section must be explicitly authorized by the legislature.
5.3 Sec. 6. REPEALER.
5.4Minnesota Statutes 2010, section 116D.04, subdivisions 5a, 9, and 10, are repealed.
