HF 863

4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to air pollution; requiring adoption of emission standards for motor
vehicles; providing for updates as necessary to comply with the Clean Air
Act; requiring reports and a study; appropriating money; amending Minnesota
Statutes 2006, section 116.07, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 116.07, subdivision 2, is amended to read:

Subd. 2.

Adoption of standards.

new text begin (a) new text end The Pollution Control Agency shall improve
air quality by promoting, in the most practicable way possible, the use of energy sources
and waste disposal methods which produce or emit the least air contaminants consistent
with the agency's overall goal of reducing all forms of pollution. The agency shall also
adopt standards of air quality, including maximum allowable standards of emission of air
contaminants from motor vehicles, recognizing that due to variable factors, no single
standard of purity of air is applicable to all areas of the state. In adopting standards the
Pollution Control Agency shall give due recognition to the fact that the quantity or
characteristics of air contaminants or the duration of their presence in the atmosphere,
which may cause air pollution in one area of the state, may cause less or not cause any air
pollution in another area of the state, and it shall take into consideration in this connection
such factors, including others which it may deem proper, as existing physical conditions,
zoning classifications, topography, prevailing wind directions and velocities, and the fact
that a standard of air quality which may be proper as to an essentially residential area of
the state, may not be proper as to a highly developed industrial area of the state. Such
standards of air quality shall be premised upon scientific knowledge of causes as well as
effects based on technically substantiated criteria and commonly accepted practices. No
local government unit shall set standards of air quality which are more stringent than
those set by the Pollution Control Agency.

new text begin (b) The Pollution Control Agency shall adopt rules, as authorized under the federal
Clean Air Act, United States Code, title 42, section 7507, to regulate emission standards
of motor vehicles sold in this state. The rules:
new text end

new text begin (1) must be adopted under section 14.388, subdivision 1, clause (3);
new text end

new text begin (2) except as provided in clauses (3) to (5), must be identical to and must incorporate
by reference the California low emission vehicle regulations adopted by the California Air
Resources Board under the California Code of Regulations, title 13, sections 1900 to 2235;
new text end

new text begin (3) must not include the zero emission vehicle standards contained in California
Code of Regulations, title 13, section 1962;
new text end

new text begin (4) must not include the 15-year or 150,000-mile extended warranty specified in
California Code of Regulations, title 13, section 1962, for partial zero emission vehicles,
provided that partial zero emission vehicles delivered for sale to Minnesota are equipped
with the same quality components as partial zero emission vehicles supplied to areas
where the full 15-year or 150,000-mile warranty remains in effect. This section does not
amend the requirements of California Code of Regulations, title 13, section 1962, that
indicate the warranty period for a zero emission energy storage device used for traction
power will be ten years;
new text end

new text begin (5) must not include any fuel standards set forth in California Code of Regulations,
title 13, sections 2250 et. seq.;
new text end

new text begin (6) must be amended as necessary in a timely fashion to minimize the time during
which Minnesota's rules are not identical with California's regulations, as required under
United States Code, title 42, section 7507. Amendments under this clause must be made
under section 14.388, subdivision 1, clause (3); and
new text end

new text begin (7) must state that each section of the rules is severable, and that if any section is
held invalid, the remainder will continue in full force and effect.
new text end

new text begin If the California emission standards referred to under this paragraph are extended
to off-road vehicles or engines including, but not limited to, all-terrain vehicles,
snowmobiles, boats, aircraft, lawnmowers, tractors, farm machinery, or construction
equipment, this paragraph is no longer effective, and Minnesota reverts to the federal
motor vehicle emissions standards by operation of law without requiring further executive
or legislative branch action.
new text end

new text begin Any portion of California's regulations requiring a federal waiver under the Clean
Air Act in order to become effective may not be enforced in Minnesota unless and until
California receives the requisite federal waiver.
new text end

new text begin At least 30 days prior to beginning to adopt rules under this paragraph, the
commissioner of the Pollution Control Agency must notify the governor, commissioner of
agriculture, commissioner of commerce, and chairs and ranking minority members of the
senate and house of representatives committees with primary jurisdiction over agricultural
policy and finance, environmental policy and finance, and commerce policy and finance of
the commissioner's intention to adopt rules under this paragraph.
new text end

new text begin Beginning January 1, 2009, and each year thereafter, the commissioner must submit
to the governor, commissioner of agriculture, commissioner of commerce, and chairs
and ranking minority members of the senate and house of representatives committees
with primary jurisdiction over agricultural policy and finance, environmental policy and
finance, and commerce policy and finance a report containing the following information,
to the extent it is available:
new text end

new text begin (1) for each motor vehicle manufacturer:
new text end

new text begin (i) the makes and models of flexible fuel vehicles offered for sale in Minnesota; and
new text end

new text begin (ii) the percentage of flexible fuel vehicles offered for sale in Minnesota that are
engineered for optimal performance using E85; and
new text end

new text begin (2) for each of the 50 states:
new text end

new text begin (i) the number of E85 pumps operating;
new text end

new text begin (ii) gross sales of E85; and
new text end

new text begin (iii) the market share of E85 as a proportion of total fuel purchased for motor
vehicle use.
new text end

new text begin (c) new text end The Pollution Control Agency shall promote solid waste disposal control
by encouraging the updating of collection systems, elimination of open dumps, and
improvements in incinerator practices. The agency shall also adopt standards for the
control of the collection, transportation, storage, processing, and disposal of solid waste
and sewage sludge for the prevention and abatement of water, air, and land pollution,
recognizing that due to variable factors, no single standard of control is applicable to
all areas of the state. In adopting standards, the Pollution Control Agency shall give
due recognition to the fact that elements of control which may be reasonable and proper
in densely populated areas of the state may be unreasonable and improper in sparsely
populated or remote areas of the state, and it shall take into consideration in this connection
such factors, including others which it may deem proper, as existing physical conditions,
topography, soils and geology, climate, transportation, and land use. Such standards of
control shall be premised on technical criteria and commonly accepted practices.

new text begin (d) new text end The Pollution Control Agency shall also adopt standards describing the
maximum levels of noise in terms of sound pressure level which may occur in the outdoor
atmosphere, recognizing that due to variable factors no single standard of sound pressure
is applicable to all areas of the state. Such standards shall give due consideration to
such factors as the intensity of noises, the types of noises, the frequency with which
noises recur, the time period for which noises continue, the times of day during which
noises occur, and such other factors as could affect the extent to which noises may be
injurious to human health or welfare, animal or plant life, or property, or could interfere
unreasonably with the enjoyment of life or property. In adopting standards, the Pollution
Control Agency shall give due recognition to the fact that the quantity or characteristics
of noise or the duration of its presence in the outdoor atmosphere, which may cause
noise pollution in one area of the state, may cause less or not cause any noise pollution
in another area of the state, and it shall take into consideration in this connection such
factors, including others which it may deem proper, as existing physical conditions,
zoning classifications, topography, meteorological conditions and the fact that a standard
which may be proper in an essentially residential area of the state, may not be proper as to
a highly developed industrial area of the state. Such noise standards shall be premised
upon scientific knowledge as well as effects based on technically substantiated criteria
and commonly accepted practices. No local governing unit shall set standards describing
the maximum levels of sound pressure which are more stringent than those set by the
Pollution Control Agency.

new text begin (e) new text end The Pollution Control Agency shall adopt standards for the identification of
hazardous waste and for the management, identification, labeling, classification, storage,
collection, transportation, processing, and disposal of hazardous waste, recognizing
that due to variable factors, a single standard of hazardous waste control may not be
applicable to all areas of the state. In adopting standards, the Pollution Control Agency
shall recognize that elements of control which may be reasonable and proper in densely
populated areas of the state may be unreasonable and improper in sparsely populated
or remote areas of the state. The agency shall consider existing physical conditions,
topography, soils, and geology, climate, transportation and land use. Standards of
hazardous waste control shall be premised on technical knowledge, and commonly
accepted practices. Hazardous waste generator licenses may be issued for a term not to
exceed five years. No local government unit shall set standards of hazardous waste control
which are in conflict or inconsistent with those set by the Pollution Control Agency.

A person who generates less than 100 kilograms of hazardous waste per month is
exempt from the following agency hazardous waste rules:

(1) rules relating to transportation, manifesting, storage, and labeling for
photographic fixer and X-ray negative wastes that are hazardous solely because of silver
content; and

(2) any rule requiring the generator to send to the agency or commissioner a copy
of each manifest for the transportation of hazardous waste for off-site treatment, storage,
or disposal, except that counties within the metropolitan area may require generators to
provide manifests.

Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
accumulation or outdoor storage. A political subdivision or other local unit of government
may not adopt management requirements that are more restrictive than this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2. new text begin STUDY.
new text end

new text begin The commissioner of the Pollution Control Agency shall issue a request for
proposals from academic institutions within the state to complete a study regarding the
implementation of this act. The study must be submitted to the legislature by February 1,
2009. The study must address the following:
new text end

new text begin (1) the differences between California low emission vehicle (LEV) regulations
and federal regulations;
new text end

new text begin (2) a summary of the numbers of flexible fuel vehicles (FFV's) sold and the amount
of E85 fuel used in California and other states that have adopted the California LEV
regulations, compared with the numbers of FFV's sold and the amount ot E85 fuel used in
states utilizing federal regulations. The summary should be based on the ratio of FFV's to
gasoline vehicles;
new text end

new text begin (3) any negative impact that the California standards would have on the availability
of the purchase of FFV's and E85 in Minnesota;
new text end

new text begin (4) recommendations as to how an automaker would certify that E85 is being used
in FFV's;
new text end

new text begin (5) an analysis of the extent that California uses survey reports to determine E85
use in FFV's;
new text end

new text begin (6) an analysis of using the GM On-Star and similar computer systems to determine
E85 use in FFV's, including the ability of the system to collect the data, the current
availability of On-Star type systems on FFV's and the cost of adding the technology on
those vehicles, and whether collection of the data violates state privacy laws;
new text end

new text begin (7) a summary of national use of high occupancy vehicle (HOV) lanes by vehicles
that operate on alternative fuels, including whether FFV's are permitted to use HOV lanes
and any difficulties in determining the type of fuel being used;
new text end

new text begin (8) a review of the evolution of the California LEV regulations and any planned
future changes, including:
new text end

new text begin (i) how those changes impact the availability of FFV's and whether they encourage
broader use of renewable fuels;
new text end

new text begin (ii) a summary of past, present, and future biofuel use; and
new text end

new text begin (iii) a summary of California's transportation planning, including any anticipated
reliance on particular transportation components, such as all-electric vehicles, use of
biodiesel and ethanol fuels, and the like; and
new text end

new text begin (9) an analysis of California vehicle and gasoline test methodology and certifications,
including:
new text end

new text begin (i) whether FFV's are tested on gasoline grades sold in Minnesota;
new text end

new text begin (ii) why FFV's are not tested on E85;
new text end

new text begin (iii) what are lifecycle emission impacts associated with E85 use;
new text end

new text begin (iv) how California gasoline differs from that of other regions and federally
reformulated gasoline;
new text end

new text begin (v) what are the emission impacts of using Minnesota gasoline in California-certified
vehicles, compared with modeled emission impacts; and
new text end

new text begin (vi) the impact on Minnesota air pollution if California LEV standards are adopted,
given that California is NOx-limited for ground-level ozone formation and Minnesota is
a VOC-limited air shed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin ADOPTION.
new text end

new text begin The rules under section 1 must be adopted and made effective by September 30,
2009, and shall be effective for motor vehicles with a model year of 2013 and later.
The rules adopted under section 1 do not affect collector vehicles or street rods under
Minnesota Statutes, section 168.10.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $134,000 is appropriated to the Pollution Control Agency from the environmental
fund for fiscal year 2009 for the study, rulemaking, and related costs of this act.
new text end

Sec. 5. new text begin DUPLICATE APPROPRIATIONS.
new text end

new text begin Unless another act explicitly provides otherwise, appropriations and transfers made
in this act and other acts must be implemented only once even if the provision or a similar
provision with the same fiscal effect in the same fiscal year is included in another act. This
section applies to laws enacted in the 2008 regular session.
new text end