Bill Text: MN HF2719 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Biorefinery using cellulosic feedstock environmental review requirements modified.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-04 - HF indefinitely postponed [HF2719 Detail]
Download: Minnesota-2013-HF2719-Engrossed.html
1.2relating to environment; modifying environmental review requirements for
1.3biorefinery using cellulosic feedstock;amending Minnesota Statutes 2012,
1.4section 116D.04, subdivision 2a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 116D.04, subdivision 2a, is amended to
1.7read:
1.8 Subd. 2a. When prepared. Where there is potential for significant environmental
1.9effects resulting from any major governmental action, the action shall be preceded by a
1.10detailed environmental impact statement prepared by the responsible governmental unit.
1.11The environmental impact statement shall be an analytical rather than an encyclopedic
1.12document which describes the proposed action in detail, analyzes its significant
1.13environmental impacts, discusses appropriate alternatives to the proposed action and
1.14their impacts, and explores methods by which adverse environmental impacts of an
1.15action could be mitigated. The environmental impact statement shall also analyze those
1.16economic, employment, and sociological effects that cannot be avoided should the action
1.17be implemented. To ensure its use in the decision-making process, the environmental
1.18impact statement shall be prepared as early as practical in the formulation of an action.
1.19 (a) The board shall by rule establish categories of actions for which environmental
1.20impact statements and for which environmental assessment worksheets shall be prepared
1.21as well as categories of actions for which no environmental review is required under this
1.22section. A mandatory environmental assessment worksheet shall not be required for the
1.23expansion of an ethanol plant, as defined in section41A.09, subdivision 2a , paragraph
1.24(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
2.1biobutanol facility as defined in section41A.105, subdivision 1a , based on the capacity
2.2of the expanded or converted facility to produce alcohol fuel, but must be required if
2.3the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
2.4of actions for which environmental assessment worksheets must be prepared. The
2.5responsible governmental unit for an ethanol plant or biobutanol facility project for which
2.6an environmental assessment worksheet is prepared shall be the state agency with the
2.7greatest responsibility for supervising or approving the project as a whole.
2.8A mandatory environmental impact statement shall not be required for a facility
2.9or plant located outside the seven-county metropolitan area that produces less than
2.10125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
2.11than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
2.12defined in section41A.09, subdivision 2a , paragraph (b); a biobutanol facility, as defined
2.13in section41A.105, subdivision 1a , clause (1); or a cellulosic biofuel facility, as defined in
2.14section41A.10, subdivision 1 , paragraph (d). A facility or plant that only uses a cellulosic
2.15feedstock to produce chemical products for use by another facility as a feedstock shall not
2.16be considered a fuel conversion facility as used in rules adopted under this chapter.
2.17 (b) The responsible governmental unit shall promptly publish notice of the
2.18completion of an environmental assessment worksheet by publishing the notice in at least
2.19one newspaper of general circulation in the geographic area where the project is proposed,
2.20by posting the notice on a Web site that has been designated as the official publication site
2.21for publication of proceedings, public notices, and summaries of a political subdivision in
2.22which the project is proposed, or in any other manner determined by the board and shall
2.23provide copies of the environmental assessment worksheet to the board and its member
2.24agencies. Comments on the need for an environmental impact statement may be submitted
2.25to the responsible governmental unit during a 30-day period following publication of the
2.26notice that an environmental assessment worksheet has been completed. The responsible
2.27governmental unit's decision on the need for an environmental impact statement shall be
2.28based on the environmental assessment worksheet and the comments received during the
2.29comment period, and shall be made within 15 days after the close of the comment period.
2.30The board's chair may extend the 15-day period by not more than 15 additional days upon
2.31the request of the responsible governmental unit.
2.32 (c) An environmental assessment worksheet shall also be prepared for a proposed
2.33action whenever material evidence accompanying a petition by not less than 100
2.34individuals who reside or own property in the state, submitted before the proposed
2.35project has received final approval by the appropriate governmental units, demonstrates
2.36that, because of the nature or location of a proposed action, there may be potential for
3.1significant environmental effects. Petitions requesting the preparation of an environmental
3.2assessment worksheet shall be submitted to the board. The chair of the board shall
3.3determine the appropriate responsible governmental unit and forward the petition to it.
3.4A decision on the need for an environmental assessment worksheet shall be made by
3.5the responsible governmental unit within 15 days after the petition is received by the
3.6responsible governmental unit. The board's chair may extend the 15-day period by not
3.7more than 15 additional days upon request of the responsible governmental unit.
3.8 (d) Except in an environmentally sensitive location where Minnesota Rules, part
3.94410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
3.10review under this chapter and rules of the board, if:
3.11 (1) the proposed action is:
3.12 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
3.13 (ii) an expansion of an existing animal feedlot facility with a total cumulative
3.14capacity of less than 1,000 animal units;
3.15 (2) the application for the animal feedlot facility includes a written commitment by
3.16the proposer to design, construct, and operate the facility in full compliance with Pollution
3.17Control Agency feedlot rules; and
3.18 (3) the county board holds a public meeting for citizen input at least ten business
3.19days prior to the Pollution Control Agency or county issuing a feedlot permit for the
3.20animal feedlot facility unless another public meeting for citizen input has been held with
3.21regard to the feedlot facility to be permitted. The exemption in this paragraph is in
3.22addition to other exemptions provided under other law and rules of the board.
3.23 (e) The board may, prior to final approval of a proposed project, require preparation
3.24of an environmental assessment worksheet by a responsible governmental unit selected
3.25by the board for any action where environmental review under this section has not been
3.26specifically provided for by rule or otherwise initiated.
3.27 (f) An early and open process shall be utilized to limit the scope of the environmental
3.28impact statement to a discussion of those impacts, which, because of the nature or location
3.29of the project, have the potential for significant environmental effects. The same process
3.30shall be utilized to determine the form, content and level of detail of the statement as well
3.31as the alternatives which are appropriate for consideration in the statement. In addition,
3.32the permits which will be required for the proposed action shall be identified during the
3.33scoping process. Further, the process shall identify those permits for which information
3.34will be developed concurrently with the environmental impact statement. The board
3.35shall provide in its rules for the expeditious completion of the scoping process. The
4.1determinations reached in the process shall be incorporated into the order requiring the
4.2preparation of an environmental impact statement.
4.3 (g) The responsible governmental unit shall, to the extent practicable, avoid
4.4duplication and ensure coordination between state and federal environmental review
4.5and between environmental review and environmental permitting. Whenever practical,
4.6information needed by a governmental unit for making final decisions on permits
4.7or other actions required for a proposed project shall be developed in conjunction
4.8with the preparation of an environmental impact statement. When an environmental
4.9impact statement is prepared for a project requiring multiple permits for which two or
4.10more agencies' decision processes include either mandatory or discretionary hearings
4.11before a hearing officer prior to the agencies' decision on the permit, the agencies
4.12may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
4.13consolidated hearing process if requested by the proposer. All agencies having jurisdiction
4.14over a permit that is included in the consolidated hearing shall participate. The responsible
4.15governmental unit shall establish appropriate procedures for the consolidated hearing
4.16process, including procedures to ensure that the consolidated hearing process is consistent
4.17with the applicable requirements for each permit regarding the rights and duties of parties to
4.18the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
4.19The procedures of section116C.28, subdivision 2 , apply to the consolidated hearing.
4.20 (h) An environmental impact statement shall be prepared and its adequacy
4.21determined within 280 days after notice of its preparation unless the time is extended by
4.22consent of the parties or by the governor for good cause. The responsible governmental
4.23unit shall determine the adequacy of an environmental impact statement, unless within 60
4.24days after notice is published that an environmental impact statement will be prepared,
4.25the board chooses to determine the adequacy of an environmental impact statement. If an
4.26environmental impact statement is found to be inadequate, the responsible governmental
4.27unit shall have 60 days to prepare an adequate environmental impact statement.
4.28 (i) The proposer of a specific action may include in the information submitted to the
4.29responsible governmental unit a preliminary draft environmental impact statement under
4.30this section on that action for review, modification, and determination of completeness and
4.31adequacy by the responsible governmental unit. A preliminary draft environmental impact
4.32statement prepared by the project proposer and submitted to the responsible governmental
4.33unit shall identify or include as an appendix all studies and other sources of information
4.34used to substantiate the analysis contained in the preliminary draft environmental impact
4.35statement. The responsible governmental unit shall require additional studies, if needed,
4.36and obtain from the project proposer all additional studies and information necessary for
5.1the responsible governmental unit to perform its responsibility to review, modify, and
5.2determine the completeness and adequacy of the environmental impact statement.
1.3biorefinery using cellulosic feedstock;amending Minnesota Statutes 2012,
1.4section 116D.04, subdivision 2a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 116D.04, subdivision 2a, is amended to
1.7read:
1.8 Subd. 2a. When prepared. Where there is potential for significant environmental
1.9effects resulting from any major governmental action, the action shall be preceded by a
1.10detailed environmental impact statement prepared by the responsible governmental unit.
1.11The environmental impact statement shall be an analytical rather than an encyclopedic
1.12document which describes the proposed action in detail, analyzes its significant
1.13environmental impacts, discusses appropriate alternatives to the proposed action and
1.14their impacts, and explores methods by which adverse environmental impacts of an
1.15action could be mitigated. The environmental impact statement shall also analyze those
1.16economic, employment, and sociological effects that cannot be avoided should the action
1.17be implemented. To ensure its use in the decision-making process, the environmental
1.18impact statement shall be prepared as early as practical in the formulation of an action.
1.19 (a) The board shall by rule establish categories of actions for which environmental
1.20impact statements and for which environmental assessment worksheets shall be prepared
1.21as well as categories of actions for which no environmental review is required under this
1.22section. A mandatory environmental assessment worksheet shall not be required for the
1.23expansion of an ethanol plant, as defined in section
1.24(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
2.1biobutanol facility as defined in section
2.2of the expanded or converted facility to produce alcohol fuel, but must be required if
2.3the ethanol plant or biobutanol facility meets or exceeds thresholds of other categories
2.4of actions for which environmental assessment worksheets must be prepared. The
2.5responsible governmental unit for an ethanol plant or biobutanol facility project for which
2.6an environmental assessment worksheet is prepared shall be the state agency with the
2.7greatest responsibility for supervising or approving the project as a whole.
2.8A mandatory environmental impact statement shall not be required for a facility
2.9or plant located outside the seven-county metropolitan area that produces less than
2.10125,000,000 gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less
2.11than 400,000 tons of chemicals annually, if the facility or plant is: an ethanol plant, as
2.12defined in section
2.13in section
2.14section
2.15feedstock to produce chemical products for use by another facility as a feedstock shall not
2.16be considered a fuel conversion facility as used in rules adopted under this chapter.
2.17 (b) The responsible governmental unit shall promptly publish notice of the
2.18completion of an environmental assessment worksheet by publishing the notice in at least
2.19one newspaper of general circulation in the geographic area where the project is proposed,
2.20by posting the notice on a Web site that has been designated as the official publication site
2.21for publication of proceedings, public notices, and summaries of a political subdivision in
2.22which the project is proposed, or in any other manner determined by the board and shall
2.23provide copies of the environmental assessment worksheet to the board and its member
2.24agencies. Comments on the need for an environmental impact statement may be submitted
2.25to the responsible governmental unit during a 30-day period following publication of the
2.26notice that an environmental assessment worksheet has been completed. The responsible
2.27governmental unit's decision on the need for an environmental impact statement shall be
2.28based on the environmental assessment worksheet and the comments received during the
2.29comment period, and shall be made within 15 days after the close of the comment period.
2.30The board's chair may extend the 15-day period by not more than 15 additional days upon
2.31the request of the responsible governmental unit.
2.32 (c) An environmental assessment worksheet shall also be prepared for a proposed
2.33action whenever material evidence accompanying a petition by not less than 100
2.34individuals who reside or own property in the state, submitted before the proposed
2.35project has received final approval by the appropriate governmental units, demonstrates
2.36that, because of the nature or location of a proposed action, there may be potential for
3.1significant environmental effects. Petitions requesting the preparation of an environmental
3.2assessment worksheet shall be submitted to the board. The chair of the board shall
3.3determine the appropriate responsible governmental unit and forward the petition to it.
3.4A decision on the need for an environmental assessment worksheet shall be made by
3.5the responsible governmental unit within 15 days after the petition is received by the
3.6responsible governmental unit. The board's chair may extend the 15-day period by not
3.7more than 15 additional days upon request of the responsible governmental unit.
3.8 (d) Except in an environmentally sensitive location where Minnesota Rules, part
3.94410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
3.10review under this chapter and rules of the board, if:
3.11 (1) the proposed action is:
3.12 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
3.13 (ii) an expansion of an existing animal feedlot facility with a total cumulative
3.14capacity of less than 1,000 animal units;
3.15 (2) the application for the animal feedlot facility includes a written commitment by
3.16the proposer to design, construct, and operate the facility in full compliance with Pollution
3.17Control Agency feedlot rules; and
3.18 (3) the county board holds a public meeting for citizen input at least ten business
3.19days prior to the Pollution Control Agency or county issuing a feedlot permit for the
3.20animal feedlot facility unless another public meeting for citizen input has been held with
3.21regard to the feedlot facility to be permitted. The exemption in this paragraph is in
3.22addition to other exemptions provided under other law and rules of the board.
3.23 (e) The board may, prior to final approval of a proposed project, require preparation
3.24of an environmental assessment worksheet by a responsible governmental unit selected
3.25by the board for any action where environmental review under this section has not been
3.26specifically provided for by rule or otherwise initiated.
3.27 (f) An early and open process shall be utilized to limit the scope of the environmental
3.28impact statement to a discussion of those impacts, which, because of the nature or location
3.29of the project, have the potential for significant environmental effects. The same process
3.30shall be utilized to determine the form, content and level of detail of the statement as well
3.31as the alternatives which are appropriate for consideration in the statement. In addition,
3.32the permits which will be required for the proposed action shall be identified during the
3.33scoping process. Further, the process shall identify those permits for which information
3.34will be developed concurrently with the environmental impact statement. The board
3.35shall provide in its rules for the expeditious completion of the scoping process. The
4.1determinations reached in the process shall be incorporated into the order requiring the
4.2preparation of an environmental impact statement.
4.3 (g) The responsible governmental unit shall, to the extent practicable, avoid
4.4duplication and ensure coordination between state and federal environmental review
4.5and between environmental review and environmental permitting. Whenever practical,
4.6information needed by a governmental unit for making final decisions on permits
4.7or other actions required for a proposed project shall be developed in conjunction
4.8with the preparation of an environmental impact statement. When an environmental
4.9impact statement is prepared for a project requiring multiple permits for which two or
4.10more agencies' decision processes include either mandatory or discretionary hearings
4.11before a hearing officer prior to the agencies' decision on the permit, the agencies
4.12may, notwithstanding any law or rule to the contrary, conduct the hearings in a single
4.13consolidated hearing process if requested by the proposer. All agencies having jurisdiction
4.14over a permit that is included in the consolidated hearing shall participate. The responsible
4.15governmental unit shall establish appropriate procedures for the consolidated hearing
4.16process, including procedures to ensure that the consolidated hearing process is consistent
4.17with the applicable requirements for each permit regarding the rights and duties of parties to
4.18the hearing, and shall utilize the earliest applicable hearing procedure to initiate the hearing.
4.19The procedures of section
4.20 (h) An environmental impact statement shall be prepared and its adequacy
4.21determined within 280 days after notice of its preparation unless the time is extended by
4.22consent of the parties or by the governor for good cause. The responsible governmental
4.23unit shall determine the adequacy of an environmental impact statement, unless within 60
4.24days after notice is published that an environmental impact statement will be prepared,
4.25the board chooses to determine the adequacy of an environmental impact statement. If an
4.26environmental impact statement is found to be inadequate, the responsible governmental
4.27unit shall have 60 days to prepare an adequate environmental impact statement.
4.28 (i) The proposer of a specific action may include in the information submitted to the
4.29responsible governmental unit a preliminary draft environmental impact statement under
4.30this section on that action for review, modification, and determination of completeness and
4.31adequacy by the responsible governmental unit. A preliminary draft environmental impact
4.32statement prepared by the project proposer and submitted to the responsible governmental
4.33unit shall identify or include as an appendix all studies and other sources of information
4.34used to substantiate the analysis contained in the preliminary draft environmental impact
4.35statement. The responsible governmental unit shall require additional studies, if needed,
4.36and obtain from the project proposer all additional studies and information necessary for
5.1the responsible governmental unit to perform its responsibility to review, modify, and
5.2determine the completeness and adequacy of the environmental impact statement.
