HF 1093

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/15/2021 02:32pm

A bill for an act
relating to environment; establishing Environmental Justice Board in Pollution
Control Agency; amending Minnesota Statutes 2020, section 116.07, subdivision
4a; proposing coding for new law in Minnesota Statutes, chapter 116.

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

Section 1.

new text begin [116.041] ENVIRONMENTAL JUSTICE BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
new text end

new text begin (1) "agency" means the Minnesota Pollution Control Agency;
new text end

new text begin (2) "board" mean the Environmental Justice Board; and
new text end

new text begin (3) "environmental justice area" means an area in Minnesota that, based on the most
recent data published by the United States Census Bureau, meets one or more of the following
conditions:
new text end

new text begin (i) 50 percent or more of the population is nonwhite;
new text end

new text begin (ii) 40 percent or more of the households have an income at or below 185 percent of the
federal poverty level; or
new text end

new text begin (iii) the area is within Indian country, as defined in United State Code, title 18, section
1151.
new text end

new text begin Subd. 2. new text end

new text begin Establishment; membership. new text end

new text begin (a) The Environmental Justice Board is
established in the agency, consisting of ... members appointed by the governor with the
advice and consent of the senate. If the senate does not act under this paragraph within 60
days of an appointment, the board appointment is confirmed. At least ... of the members
must reside in an environmental justice area.
new text end

new text begin (b) The board must begin operating no later than March 15, 2022.
new text end

new text begin Subd. 3. new text end

new text begin Permit review. new text end

new text begin (a) The board must review the determination made by an
applicant in section 116.07, subdivision 4a, paragraph (c), and, if the board disagrees with
the applicant's determination, must provide notice to the applicant of the board's disagreement
and the reasons for it.
new text end

new text begin (b) The board must review each permit application the board determines may significantly
impact the environment or health of residents in an environmental justice area. In making
the determination, the board must consider:
new text end

new text begin (1) cumulative levels and effects of past and current environmental pollution on the
environment and population of the exposed area from all sources, including mobile sources
and toxic chemicals contaminating soils;
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new text begin (2) the presence of subpopulations that may be particularly sensitive to exposure to
additional pollutants, including workers exposed to toxic chemicals in the workplace and
subsistence fishers, gatherers, and hunters;
new text end

new text begin (3) biomonitoring data indicating body burdens of environmental pollutants;
new text end

new text begin (4) the presence of environmental stressors that may make persons particularly sensitive
to exposure to additional pollutants or contaminants, including:
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new text begin (i) the proportion of the population without access to health insurance and medical care;
new text end

new text begin (ii) the incidence of and hospital admission rates for respiratory disease, pulmonary
disease, cancer, diabetes, asthma, high levels of blood lead concentrations, compromised
immune systems, and other conditions that may be exacerbated by exposure to pollution;
new text end

new text begin (iii) the incidence of substandard housing conditions;
new text end

new text begin (iv) the proportion of the population receiving public assistance and medical assistance;
new text end

new text begin (v) other environmental stressors, including but not limited to noise, that impact the area
population;
new text end

new text begin (vi) racial and ethnic characteristics of the population; and
new text end

new text begin (vii) income levels and the incidence of poverty;
new text end

new text begin (5) whether tribal lands or populations holding tribal treaty rights are impacted;
new text end

new text begin (6) any other information deemed relevant by the board; and
new text end

new text begin (7) how the factors examined under this paragraph may interact to increase the likelihood
of portions of the population sustaining an adverse effect from exposure to incremental
pollution.
new text end

new text begin (c) The board may require an applicant to provide the information under this subdivision.
new text end

new text begin (d) The board must make the final decision for issuing, denying, reissuing, modifying,
or revoking a permit if the board determines that the permit may significantly impact the
environment or health of residents in an environmental justice area.
new text end

new text begin (e) The board's decision to invoke its authority to make a final decision on a permit under
this section is not subject to appeal. All other actions and decisions of the board are governed
by Minnesota Rules, chapter 7000.
new text end

new text begin Subd. 4. new text end

new text begin Staffing. new text end

new text begin (a) The agency provides staff to the board and its members.
new text end

new text begin (b) The Office of the Attorney General must designate an attorney from its staff to
provide legal services to the board. The attorney designated must not be the attorney
providing legal services to the agency.
new text end

new text begin Subd. 5. new text end

new text begin Costs. new text end

new text begin The reasonable direct and indirect costs to the agency of implementing
this section must be recovered through permit fees.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to all permit applications filed with the agency on or after March 15, 2022.
new text end

Sec. 2.

Minnesota Statutes 2020, section 116.07, subdivision 4a, is amended to read:

Subd. 4a.

Permits.

(a) The Pollution Control Agency may issue, continue in effect or
deny permits, under such conditions as it may prescribe for the prevention of pollution, for
the emission of air contaminants, or for the installation or operation of any emission facility,
air contaminant treatment facility, treatment facility, potential air contaminant storage
facility, or storage facility, or any part thereof, or for the sources or emissions of noise
pollution.

(b) The Pollution Control Agency may also issue, continue in effect or deny permits,
under such conditions as it may prescribe for the prevention of pollution, for the storage,
collection, transportation, processing, or disposal of waste, or for the installation or operation
of any system or facility, or any part thereof, related to the storage, collection, transportation,
processing, or disposal of waste.

deleted text begin (c) The agency may not issue a permit to a facility without analyzing and considering
the cumulative levels and effects of past and current environmental pollution from all sources
on the environment and residents of the geographic area within which the facility's emissions
are likely to be deposited, provided that the facility is located in a community in a city of
the first class in Hennepin County that meets all of the following conditions:
deleted text end

deleted text begin (1) is within a half mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination;
deleted text end

deleted text begin (2) a majority of the population are low-income persons of color and American Indians;
deleted text end

deleted text begin (3) a disproportionate percent of the children have childhood lead poisoning, asthma,
or other environmentally related health problems;
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deleted text begin (4) is located in a city that has experienced numerous air quality alert days of dangerous
air quality for sensitive populations between February 2007 and February 2008; and
deleted text end

deleted text begin (5) is located near the junctions of several heavily trafficked state and county highways
and two one-way streets which carry both truck and auto traffic.
deleted text end

new text begin (c) A permit application must indicate whether the permit action sought is likely to
impact the environment or health of residents in an environmental justice area, as defined
in section 116.041, and must include the data used by the applicant to make that
determination.
new text end

(d) The Pollution Control Agency may revoke or modify any permit issued under this
subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to
prevent or abate pollution.

(e) The Pollution Control Agency has the authority for approval over the siting, expansion,
or operation of a solid waste facility with regard to environmental issues. However, the
agency's issuance of a permit does not release the permittee from any liability, penalty, or
duty imposed by any applicable county ordinances. Nothing in this chapter precludes, or
shall be construed to preclude, a county from enforcing land use controls, regulations, and
ordinances existing at the time of the permit application and adopted pursuant to sections
366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365, with regard to the siting,
expansion, or operation of a solid waste facility.

(f) Except as prohibited by federal law, a person may commence construction,
reconstruction, replacement, or modification of any facility prior to the issuance of a
construction permit by the agency.