Bill Text: MN SF1486 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Cellulosic biofuel facilities environmental review requirements modifications
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-02-02 - Author added Carlson [SF1486 Detail]
Download: Minnesota-2011-SF1486-Introduced.html
1.2relating to environment; modifying environmental review requirements for
1.3cellulosic biofuel facilities;amending Minnesota Statutes 2011 Supplement,
1.4section 116D.04, subdivision 2a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2011 Supplement, section 116D.04, subdivision 2a,
1.7is amended to read:
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.
1.19No mandatory environmental impact statement may be required for an ethanol plant, as
1.20defined in section41A.09, subdivision 2a , paragraph (b), or a cellulosic biofuel facility,
1.21as defined in section 41A.10, subdivision 1, paragraph (d), that produces less than
1.22125,000,000 gallons of ethanol or cellulosic biofuel annually and is located outside of the
1.23seven-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 this
2.4section. A mandatory environmental assessment worksheet shall not be required for the
2.5expansion of an ethanol plant, as defined in section41A.09, subdivision 2a , paragraph
2.6(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
2.7biobutanol facility as defined in section41A.105, subdivision 1a , based on the capacity
2.8of the expanded or converted facility to produce alcohol fuel, but must be required if
2.9the ethanol plant meets or exceeds thresholds of other categories of actions for which
2.10environmental assessment worksheets must be prepared. The responsible governmental
2.11unit for an ethanol plant project for which an environmental assessment worksheet is
2.12prepared shall be the state agency with the greatest responsibility for supervising or
2.13approving the project as a whole.
2.14 (b) The responsible governmental unit shall promptly publish notice of the
2.15completion of an environmental assessment worksheet in a manner to be determined by
2.16the board and shall provide copies of the environmental assessment worksheet to the board
2.17and its member agencies. Comments on the need for an environmental impact statement
2.18may be submitted to the responsible governmental unit during a 30-day period following
2.19publication of the notice that an environmental assessment worksheet has been completed.
2.20The responsible governmental unit's decision on the need for an environmental impact
2.21statement shall be based on the environmental assessment worksheet and the comments
2.22received during the comment period, and shall be made within 15 days after the close of
2.23the comment period. The board's chair may extend the 15-day period by not more than 15
2.24additional days upon the request of the responsible governmental unit.
2.25 (c) An environmental assessment worksheet shall also be prepared for a proposed
2.26action whenever material evidence accompanying a petition by not less than 100
2.27individuals who reside or own property in the state, submitted before the proposed
2.28project has received final approval by the appropriate governmental units, demonstrates
2.29that, because of the nature or location of a proposed action, there may be potential for
2.30significant environmental effects. Petitions requesting the preparation of an environmental
2.31assessment worksheet shall be submitted to the board. The chair of the board shall
2.32determine the appropriate responsible governmental unit and forward the petition to it.
2.33A decision on the need for an environmental assessment worksheet shall be made by
2.34the responsible governmental unit within 15 days after the petition is received by the
2.35responsible governmental unit. The board's chair may extend the 15-day period by not
2.36more than 15 additional days upon request of the responsible governmental unit.
3.1 (d) Except in an environmentally sensitive location where Minnesota Rules, part
3.24410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
3.3review under this chapter and rules of the board, if:
3.4 (1) the proposed action is:
3.5 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
3.6 (ii) an expansion of an existing animal feedlot facility with a total cumulative
3.7capacity of less than 1,000 animal units;
3.8 (2) the application for the animal feedlot facility includes a written commitment by
3.9the proposer to design, construct, and operate the facility in full compliance with Pollution
3.10Control Agency feedlot rules; and
3.11 (3) the county board holds a public meeting for citizen input at least ten business
3.12days prior to the Pollution Control Agency or county issuing a feedlot permit for the
3.13animal feedlot facility unless another public meeting for citizen input has been held with
3.14regard to the feedlot facility to be permitted. The exemption in this paragraph is in
3.15addition to other exemptions provided under other law and rules of the board.
3.16 (e) The board may, prior to final approval of a proposed project, require preparation
3.17of an environmental assessment worksheet by a responsible governmental unit selected
3.18by the board for any action where environmental review under this section has not been
3.19specifically provided for by rule or otherwise initiated.
3.20 (f) An early and open process shall be utilized to limit the scope of the environmental
3.21impact statement to a discussion of those impacts, which, because of the nature or location
3.22of the project, have the potential for significant environmental effects. The same process
3.23shall be utilized to determine the form, content and level of detail of the statement as well
3.24as the alternatives which are appropriate for consideration in the statement. In addition,
3.25the permits which will be required for the proposed action shall be identified during the
3.26scoping process. Further, the process shall identify those permits for which information
3.27will be developed concurrently with the environmental impact statement. The board
3.28shall provide in its rules for the expeditious completion of the scoping process. The
3.29determinations reached in the process shall be incorporated into the order requiring the
3.30preparation of an environmental impact statement.
3.31 (g) The responsible governmental unit shall, to the extent practicable, avoid
3.32duplication and ensure coordination between state and federal environmental review
3.33and between environmental review and environmental permitting. Whenever practical,
3.34information needed by a governmental unit for making final decisions on permits or
3.35other actions required for a proposed project shall be developed in conjunction with the
3.36preparation of an environmental impact statement.
4.1 (h) An environmental impact statement shall be prepared and its adequacy
4.2determined within 280 days after notice of its preparation unless the time is extended by
4.3consent of the parties or by the governor for good cause. The responsible governmental
4.4unit shall determine the adequacy of an environmental impact statement, unless within 60
4.5days after notice is published that an environmental impact statement will be prepared,
4.6the board chooses to determine the adequacy of an environmental impact statement. If an
4.7environmental impact statement is found to be inadequate, the responsible governmental
4.8unit shall have 60 days to prepare an adequate environmental impact statement.
4.9 (i) The proposer of a specific action may include in the information submitted to the
4.10responsible governmental unit a preliminary draft environmental impact statement under
4.11this section on that action for review, modification, and determination of completeness and
4.12adequacy by the responsible governmental unit. A preliminary draft environmental impact
4.13statement prepared by the project proposer and submitted to the responsible governmental
4.14unit shall identify or include as an appendix all studies and other sources of information
4.15used to substantiate the analysis contained in the preliminary draft environmental impact
4.16statement. The responsible governmental unit shall require additional studies, if needed,
4.17and obtain from the project proposer all additional studies and information necessary for
4.18the responsible governmental unit to perform its responsibility to review, modify, and
4.19determine the completeness and adequacy of the environmental impact statement.
1.3cellulosic biofuel facilities;amending Minnesota Statutes 2011 Supplement,
1.4section 116D.04, subdivision 2a.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2011 Supplement, section 116D.04, subdivision 2a,
1.7is amended to read:
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.
1.19No mandatory environmental impact statement may be required for an ethanol plant, as
1.20defined in section
1.21as defined in section 41A.10, subdivision 1, paragraph (d), that produces less than
1.22125,000,000 gallons of ethanol or cellulosic biofuel annually and is located outside of the
1.23seven-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 this
2.4section. A mandatory environmental assessment worksheet shall not be required for the
2.5expansion of an ethanol plant, as defined in section
2.6(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a
2.7biobutanol facility as defined in section
2.8of the expanded or converted facility to produce alcohol fuel, but must be required if
2.9the ethanol plant meets or exceeds thresholds of other categories of actions for which
2.10environmental assessment worksheets must be prepared. The responsible governmental
2.11unit for an ethanol plant project for which an environmental assessment worksheet is
2.12prepared shall be the state agency with the greatest responsibility for supervising or
2.13approving the project as a whole.
2.14 (b) The responsible governmental unit shall promptly publish notice of the
2.15completion of an environmental assessment worksheet in a manner to be determined by
2.16the board and shall provide copies of the environmental assessment worksheet to the board
2.17and its member agencies. Comments on the need for an environmental impact statement
2.18may be submitted to the responsible governmental unit during a 30-day period following
2.19publication of the notice that an environmental assessment worksheet has been completed.
2.20The responsible governmental unit's decision on the need for an environmental impact
2.21statement shall be based on the environmental assessment worksheet and the comments
2.22received during the comment period, and shall be made within 15 days after the close of
2.23the comment period. The board's chair may extend the 15-day period by not more than 15
2.24additional days upon the request of the responsible governmental unit.
2.25 (c) An environmental assessment worksheet shall also be prepared for a proposed
2.26action whenever material evidence accompanying a petition by not less than 100
2.27individuals who reside or own property in the state, submitted before the proposed
2.28project has received final approval by the appropriate governmental units, demonstrates
2.29that, because of the nature or location of a proposed action, there may be potential for
2.30significant environmental effects. Petitions requesting the preparation of an environmental
2.31assessment worksheet shall be submitted to the board. The chair of the board shall
2.32determine the appropriate responsible governmental unit and forward the petition to it.
2.33A decision on the need for an environmental assessment worksheet shall be made by
2.34the responsible governmental unit within 15 days after the petition is received by the
2.35responsible governmental unit. The board's chair may extend the 15-day period by not
2.36more than 15 additional days upon request of the responsible governmental unit.
3.1 (d) Except in an environmentally sensitive location where Minnesota Rules, part
3.24410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
3.3review under this chapter and rules of the board, if:
3.4 (1) the proposed action is:
3.5 (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
3.6 (ii) an expansion of an existing animal feedlot facility with a total cumulative
3.7capacity of less than 1,000 animal units;
3.8 (2) the application for the animal feedlot facility includes a written commitment by
3.9the proposer to design, construct, and operate the facility in full compliance with Pollution
3.10Control Agency feedlot rules; and
3.11 (3) the county board holds a public meeting for citizen input at least ten business
3.12days prior to the Pollution Control Agency or county issuing a feedlot permit for the
3.13animal feedlot facility unless another public meeting for citizen input has been held with
3.14regard to the feedlot facility to be permitted. The exemption in this paragraph is in
3.15addition to other exemptions provided under other law and rules of the board.
3.16 (e) The board may, prior to final approval of a proposed project, require preparation
3.17of an environmental assessment worksheet by a responsible governmental unit selected
3.18by the board for any action where environmental review under this section has not been
3.19specifically provided for by rule or otherwise initiated.
3.20 (f) An early and open process shall be utilized to limit the scope of the environmental
3.21impact statement to a discussion of those impacts, which, because of the nature or location
3.22of the project, have the potential for significant environmental effects. The same process
3.23shall be utilized to determine the form, content and level of detail of the statement as well
3.24as the alternatives which are appropriate for consideration in the statement. In addition,
3.25the permits which will be required for the proposed action shall be identified during the
3.26scoping process. Further, the process shall identify those permits for which information
3.27will be developed concurrently with the environmental impact statement. The board
3.28shall provide in its rules for the expeditious completion of the scoping process. The
3.29determinations reached in the process shall be incorporated into the order requiring the
3.30preparation of an environmental impact statement.
3.31 (g) The responsible governmental unit shall, to the extent practicable, avoid
3.32duplication and ensure coordination between state and federal environmental review
3.33and between environmental review and environmental permitting. Whenever practical,
3.34information needed by a governmental unit for making final decisions on permits or
3.35other actions required for a proposed project shall be developed in conjunction with the
3.36preparation of an environmental impact statement.
4.1 (h) An environmental impact statement shall be prepared and its adequacy
4.2determined within 280 days after notice of its preparation unless the time is extended by
4.3consent of the parties or by the governor for good cause. The responsible governmental
4.4unit shall determine the adequacy of an environmental impact statement, unless within 60
4.5days after notice is published that an environmental impact statement will be prepared,
4.6the board chooses to determine the adequacy of an environmental impact statement. If an
4.7environmental impact statement is found to be inadequate, the responsible governmental
4.8unit shall have 60 days to prepare an adequate environmental impact statement.
4.9 (i) The proposer of a specific action may include in the information submitted to the
4.10responsible governmental unit a preliminary draft environmental impact statement under
4.11this section on that action for review, modification, and determination of completeness and
4.12adequacy by the responsible governmental unit. A preliminary draft environmental impact
4.13statement prepared by the project proposer and submitted to the responsible governmental
4.14unit shall identify or include as an appendix all studies and other sources of information
4.15used to substantiate the analysis contained in the preliminary draft environmental impact
4.16statement. The responsible governmental unit shall require additional studies, if needed,
4.17and obtain from the project proposer all additional studies and information necessary for
4.18the responsible governmental unit to perform its responsibility to review, modify, and
4.19determine the completeness and adequacy of the environmental impact statement.
