Bill Text: MN SF435 | 2011-2012 | 87th Legislature | Engrossed
Bill Title: Ethanol plants mandatory environmental assessment worksheet requirement modification
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2011-05-14 - Second reading [SF435 Detail]
Download: Minnesota-2011-SF435-Engrossed.html
1.2relating to the environment; modifying environmental review requirements
1.3for certain facilities;amending Minnesota Statutes 2010, section 116D.04,
1.4subdivision 2a, as amended.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by
1.7Laws 2011, chapter 4, section 6, is 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,
1.20as defined in section41A.09, subdivision 2a , paragraph (b), that produces less than
1.21125,000,000 gallons of ethanol annually and is located outside of the seven-county
1.22metropolitan area.
1.23(a) The board shall by rule establish categories of actions for which environmental
1.24impact statements and for which environmental assessment worksheets shall be prepared
2.1as well as categories of actions for which no environmental review is required under this
2.2section. A mandatory environmental assessment worksheet shall not be required for the
2.3construction or expansion of an ethanol plant, as defined in section 41A.09, subdivision
2.42a, paragraph (b), based on the capacity of the new or expanded facility to produce
2.5ethanol, but must be required if the ethanol facility meets or exceeds thresholds of other
2.6categories of actions for which environmental worksheets must be prepared.
2.7(b) The responsible governmental unit shall promptly publish notice of the
2.8completion of an environmental assessment worksheet in a manner to be determined by
2.9the board and shall provide copies of the environmental assessment worksheet to the board
2.10and its member agencies. Comments on the need for an environmental impact statement
2.11may be submitted to the responsible governmental unit during a 30-day period following
2.12publication of the notice that an environmental assessment worksheet has been completed.
2.13The responsible governmental unit's decision on the need for an environmental impact
2.14statement shall be based on the environmental assessment worksheet and the comments
2.15received during the comment period, and shall be made within 15 days after the close of
2.16the comment period. The board's chair may extend the 15-day period by not more than 15
2.17additional days upon the request of the responsible governmental unit.
2.18(c) An environmental assessment worksheet shall also be prepared for a proposed
2.19action whenever material evidence accompanying a petition by not less than 25
2.20individuals, submitted before the proposed project has received final approval by the
2.21appropriate governmental units, demonstrates that, because of the nature or location of a
2.22proposed action, there may be potential for significant environmental effects. Petitions
2.23requesting the preparation of an environmental assessment worksheet shall be submitted to
2.24the board. The chair of the board shall determine the appropriate responsible governmental
2.25unit and forward the petition to it. A decision on the need for an environmental assessment
2.26worksheet shall be made by the responsible governmental unit within 15 days after the
2.27petition is received by the responsible governmental unit. The board's chair may extend
2.28the 15-day period by not more than 15 additional days upon request of the responsible
2.29governmental unit.
2.30(d) Except in an environmentally sensitive location where Minnesota Rules, part
2.314410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
2.32review under this chapter and rules of the board, if:
2.33(1) the proposed action is:
2.34(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
2.35(ii) an expansion of an existing animal feedlot facility with a total cumulative
2.36capacity 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) The board may, prior to final approval of a proposed project, require preparation
3.10of an environmental assessment worksheet by a responsible governmental unit selected
3.11by the board for any action where environmental review under this section has not been
3.12specifically provided for by rule or otherwise initiated.
3.13(f) An early and open process shall be utilized to limit the scope of the environmental
3.14impact statement to a discussion of those impacts, which, because of the nature or location
3.15of the project, have the potential for significant environmental effects. The same process
3.16shall be utilized to determine the form, content and level of detail of the statement as well
3.17as the alternatives which are appropriate for consideration in the statement. In addition,
3.18the permits which will be required for the proposed action shall be identified during the
3.19scoping process. Further, the process shall identify those permits for which information
3.20will be developed concurrently with the environmental impact statement. The board
3.21shall provide in its rules for the expeditious completion of the scoping process. The
3.22determinations reached in the process shall be incorporated into the order requiring the
3.23preparation of an environmental impact statement.
3.24(g) 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) An environmental impact statement shall be prepared and its adequacy
3.31determined within 280 days after notice of its preparation unless the time is extended by
3.32consent 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
4.1environmental impact statement is found to be inadequate, the responsible governmental
4.2unit shall have 60 days to prepare an adequate environmental impact statement.
4.3(i) The proposer of a specific action may include in the information submitted to the
4.4responsible governmental unit a preliminary draft environmental impact statement under
4.5this section on that action for review, modification, and determination of completeness and
4.6adequacy by the responsible governmental unit. A preliminary draft environmental impact
4.7statement prepared by the project proposer and submitted to the responsible governmental
4.8unit shall identify or include as an appendix all studies and other sources of information
4.9used to substantiate the analysis contained in the preliminary draft environmental impact
4.10statement. The responsible governmental unit shall require additional studies, if needed,
4.11and obtain from the project proposer all additional studies and information necessary for
4.12the responsible governmental unit to perform its responsibility to review, modify, and
4.13determine the completeness and adequacy of the environmental impact statement.
1.3for certain facilities;amending Minnesota Statutes 2010, section 116D.04,
1.4subdivision 2a, as amended.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by
1.7Laws 2011, chapter 4, section 6, is 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,
1.20as defined in section
1.21125,000,000 gallons of ethanol annually and is located outside of the seven-county
1.22metropolitan area.
1.23(a) The board shall by rule establish categories of actions for which environmental
1.24impact statements and for which environmental assessment worksheets shall be prepared
2.1as well as categories of actions for which no environmental review is required under this
2.2section. A mandatory environmental assessment worksheet shall not be required for the
2.3construction or expansion of an ethanol plant, as defined in section 41A.09, subdivision
2.42a, paragraph (b), based on the capacity of the new or expanded facility to produce
2.5ethanol, but must be required if the ethanol facility meets or exceeds thresholds of other
2.6categories of actions for which environmental worksheets must be prepared.
2.7(b) The responsible governmental unit shall promptly publish notice of the
2.8completion of an environmental assessment worksheet in a manner to be determined by
2.9the board and shall provide copies of the environmental assessment worksheet to the board
2.10and its member agencies. Comments on the need for an environmental impact statement
2.11may be submitted to the responsible governmental unit during a 30-day period following
2.12publication of the notice that an environmental assessment worksheet has been completed.
2.13The responsible governmental unit's decision on the need for an environmental impact
2.14statement shall be based on the environmental assessment worksheet and the comments
2.15received during the comment period, and shall be made within 15 days after the close of
2.16the comment period. The board's chair may extend the 15-day period by not more than 15
2.17additional days upon the request of the responsible governmental unit.
2.18(c) An environmental assessment worksheet shall also be prepared for a proposed
2.19action whenever material evidence accompanying a petition by not less than 25
2.20individuals, submitted before the proposed project has received final approval by the
2.21appropriate governmental units, demonstrates that, because of the nature or location of a
2.22proposed action, there may be potential for significant environmental effects. Petitions
2.23requesting the preparation of an environmental assessment worksheet shall be submitted to
2.24the board. The chair of the board shall determine the appropriate responsible governmental
2.25unit and forward the petition to it. A decision on the need for an environmental assessment
2.26worksheet shall be made by the responsible governmental unit within 15 days after the
2.27petition is received by the responsible governmental unit. The board's chair may extend
2.28the 15-day period by not more than 15 additional days upon request of the responsible
2.29governmental unit.
2.30(d) Except in an environmentally sensitive location where Minnesota Rules, part
2.314410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
2.32review under this chapter and rules of the board, if:
2.33(1) the proposed action is:
2.34(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
2.35(ii) an expansion of an existing animal feedlot facility with a total cumulative
2.36capacity 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) The board may, prior to final approval of a proposed project, require preparation
3.10of an environmental assessment worksheet by a responsible governmental unit selected
3.11by the board for any action where environmental review under this section has not been
3.12specifically provided for by rule or otherwise initiated.
3.13(f) An early and open process shall be utilized to limit the scope of the environmental
3.14impact statement to a discussion of those impacts, which, because of the nature or location
3.15of the project, have the potential for significant environmental effects. The same process
3.16shall be utilized to determine the form, content and level of detail of the statement as well
3.17as the alternatives which are appropriate for consideration in the statement. In addition,
3.18the permits which will be required for the proposed action shall be identified during the
3.19scoping process. Further, the process shall identify those permits for which information
3.20will be developed concurrently with the environmental impact statement. The board
3.21shall provide in its rules for the expeditious completion of the scoping process. The
3.22determinations reached in the process shall be incorporated into the order requiring the
3.23preparation of an environmental impact statement.
3.24(g) 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) An environmental impact statement shall be prepared and its adequacy
3.31determined within 280 days after notice of its preparation unless the time is extended by
3.32consent 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
4.1environmental impact statement is found to be inadequate, the responsible governmental
4.2unit shall have 60 days to prepare an adequate environmental impact statement.
4.3(i) The proposer of a specific action may include in the information submitted to the
4.4responsible governmental unit a preliminary draft environmental impact statement under
4.5this section on that action for review, modification, and determination of completeness and
4.6adequacy by the responsible governmental unit. A preliminary draft environmental impact
4.7statement prepared by the project proposer and submitted to the responsible governmental
4.8unit shall identify or include as an appendix all studies and other sources of information
4.9used to substantiate the analysis contained in the preliminary draft environmental impact
4.10statement. The responsible governmental unit shall require additional studies, if needed,
4.11and obtain from the project proposer all additional studies and information necessary for
4.12the responsible governmental unit to perform its responsibility to review, modify, and
4.13determine the completeness and adequacy of the environmental impact statement.
