HF 1379

1st Engrossment - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying environmental 
  1.3             assessment worksheet requirements for a facility along 
  1.4             the Mississippi river; amending Minnesota Statutes 
  1.5             1998, section 116G.151. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 116G.151, is 
  1.8   amended to read: 
  1.9      116G.151 [REQUIRED ENVIRONMENTAL ASSESSMENT WORKSHEET; 
  1.10  FACILITIES IN MISSISSIPPI RIVER AREA.] 
  1.11     (a) Until completion of an environmental assessment 
  1.12  worksheet that complies with the rules of the environmental 
  1.13  quality board and this section, a state or local agency may not 
  1.14  issue a permit for construction or operation of a metal 
  1.15  materials shredding project with a processing capacity in excess 
  1.16  of 20,000 tons per month that would be located in the 
  1.17  Mississippi river critical area, as described in section 
  1.18  116G.15, upstream from United States Corps of Engineers Lock and 
  1.19  Dam Number One. 
  1.20     (b) Notwithstanding any other statute, rule, or local 
  1.21  ordinance, resolution, or moratorium, upon completion of an 
  1.22  environmental assessment worksheet and issuance of a negative 
  1.23  declaration, whether the completion and issuance occurs prior to 
  1.24  the effective date of this section or thereafter, all state and 
  1.25  local authorities, agencies, and jurisdictions must issue all 
  2.1   permits, licenses, and variances that are necessary or 
  2.2   convenient for the completion of any project or development 
  2.3   under this section within 60 days after issuance of the negative 
  2.4   declaration or 30 days from the effective date of this section. 
  2.5      (c) The pollution control agency is the responsible 
  2.6   governmental unit for the preparation of an environmental 
  2.7   assessment worksheet required under this section.  
  2.8      (c) (d) In addition to the contents required under law and 
  2.9   rule, an environmental assessment worksheet completed under this 
  2.10  section must also include the following major categories: 
  2.11     (1) effects of operation of the project, including 
  2.12  vibrations and airborne particulates and dust, on the 
  2.13  Mississippi river; 
  2.14     (2) effects of operation of the project, including 
  2.15  vibrations and airborne particulates and dust, on adjacent 
  2.16  businesses and on residents and neighborhoods; 
  2.17     (3) effects of operation of the project on barge and street 
  2.18  traffic; 
  2.19     (4) discussion of alternative sites considered by the 
  2.20  project proposer for the proposed project, possible design 
  2.21  modifications including site layout, and the magnitude of the 
  2.22  project; 
  2.23     (5) mitigation measures that could eliminate or minimize 
  2.24  any adverse environmental effects of the proposed project; 
  2.25     (6) impact of the proposed project on the housing, park, 
  2.26  and recreational use of the river; 
  2.27     (7) effects of waste and implication of the disposal of 
  2.28  waste generated from the proposed project; 
  2.29     (8) effects on water quality from the project operations, 
  2.30  including wastewater generated from operations of the proposed 
  2.31  project; 
  2.32     (9) potential effects from fugitive emissions, fumes, dust, 
  2.33  noise, and vibrations from project operations; 
  2.34     (10) compatibility of the existing operation and proposed 
  2.35  operation with other existing uses; 
  2.36     (11) the report of the expert required by paragraph (g) (h).
  3.1      (d) (e) In addition to the publication and distribution 
  3.2   provisions relating to environmental assessment worksheets under 
  3.3   law and rule, notice of environmental assessment worksheets 
  3.4   performed by this section shall also be published in a newspaper 
  3.5   of general circulation as well as community newspapers in the 
  3.6   affected neighborhoods. 
  3.7      (e) (f) A public meeting in the affected communities must 
  3.8   be held on the environmental assessment worksheet prepared under 
  3.9   this section.  After the public meeting on the environmental 
  3.10  assessment worksheet, there must be an additional 30-day period 
  3.11  for review and comment on the environmental assessment worksheet.
  3.12     (f) (g) If the pollution control agency determines that 
  3.13  information necessary to make a reasonable decision about 
  3.14  potential of significant environmental impacts is insufficient, 
  3.15  the agency shall make a positive declaration and proceed with an 
  3.16  environmental impact statement. 
  3.17     (g) (h) The pollution control agency shall retain an expert 
  3.18  in the field of toxicology who is capable of properly analyzing 
  3.19  the potential effects and content of any airborne particulates, 
  3.20  fugitive emissions, and dust that could be produced by a metal 
  3.21  materials shredding project.  The pollution control agency shall 
  3.22  obtain any existing reports or documents from a governmental 
  3.23  entity or project proposer that analyzes or evaluates the 
  3.24  potential hazards of airborne particulates, fugitive emissions, 
  3.25  or dust from the construction or operation of a metal materials 
  3.26  shredding project in preparing the environmental assessment 
  3.27  worksheet.  The agency and the expert shall prepare, as part of 
  3.28  the report, a risk assessment of the types of metals permitted 
  3.29  to be shredded as compared to the types of materials that are 
  3.30  likely to be processed at the facility.  In performing the risk 
  3.31  assessment, the agency and the expert must consider any actual 
  3.32  experience at similar facilities.  The report must be included 
  3.33  as part of the environmental assessment worksheet.  
  3.34     (h) (i) All negative declarations and permits issued by the 
  3.35  pollution control agency and all other permits and licenses for 
  3.36  projects to which this section applies may not be stayed in any 
  4.1   manner by any litigation or appeal of any action of the agency 
  4.2   by any party, whether the litigation or appeal is filed or 
  4.3   perfected prior to or after the effective date of this section 
  4.4   unless the court of appeals finds clear and convincing evidence 
  4.5   that a stay is necessary to prevent substantial damage to the 
  4.6   environment and also requires a surety bond from the appellants 
  4.7   in the amount of all lost profits and other damages established 
  4.8   by the permittee by a preponderance of the evidence. 
  4.9      (j) If the pollution control agency determines that under 
  4.10  the rules of the environmental quality board an environmental 
  4.11  impact statement should be prepared, the pollution control 
  4.12  agency shall be the responsible governmental unit for 
  4.13  preparation of the environmental impact statement. 
  4.14     (k) A person aggrieved by a final decision of the pollution 
  4.15  control agency or the commissioner of the pollution control 
  4.16  agency with respect to any project to which this section applies 
  4.17  may obtain judicial review with the court of appeals pursuant to 
  4.18  sections 14.63 to 14.69 and may not obtain judicial review in 
  4.19  state district court or under any other section of state law.  
  4.20  Notwithstanding the time requirements of section 14.63, an 
  4.21  aggrieved person may file an appeal with the court of appeals of 
  4.22  a decision of the pollution control agency or the commissioner 
  4.23  of the pollution control agency covered by this section and 
  4.24  which is the subject of a pending district court action as of 
  4.25  the effective date of this section within 30 days after the 
  4.26  effective date of this section.  Notwithstanding section 14.69, 
  4.27  the standard of review applied by the court of appeals to 
  4.28  appeals filed under this section shall be:  (1) with regard to 
  4.29  factual issues, whether the agency decision is arbitrary or 
  4.30  capricious and without a rational basis; and (2) with regard to 
  4.31  legal issues, whether the agency decision is in violation of 
  4.32  constitutional provisions, in excess of statutory authority or 
  4.33  jurisdiction of the agency, or otherwise contrary to law.  This 
  4.34  paragraph applies to any actions pending in state district court 
  4.35  for which there has not been a final decision on the merits as 
  4.36  of the effective date of this section and any appeal of a 
  5.1   decision by the pollution control agency or the commissioner of 
  5.2   the pollution control agency subject to this section after the 
  5.3   effective date. 
  5.4      (l) If, in the environmental assessment worksheet, the 
  5.5   pollution control agency has considered the factors set forth in 
  5.6   paragraph (d), as they relate to a project covered by this 
  5.7   section, then a decision by the pollution control agency 
  5.8   regarding the need for further environmental review or the 
  5.9   commissioner of the pollution control agency and any findings in 
  5.10  an environmental assessment worksheet are deemed valid and not 
  5.11  arbitrary or capricious or without a rational basis. 
  5.12     Sec. 2.  [EFFECTIVE DATE.] 
  5.13     This act is effective the day following final enactment.