HF 3662

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to the environment; clarifying that environmental review should include
information on both favorable and adverse impacts; amending Minnesota
Statutes 2004, section 116D.04, subdivisions 1a, 2a, 8.

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

Section 1.

Minnesota Statutes 2004, section 116D.04, subdivision 1a, is amended to
read:

Subd. 1a.

Definitions.

For the purposes of this chapter, the following terms have the
meanings given to them in this subdivision.

(a) "Natural resources" has the meaning given it in section 116B.02, subdivision 4.

(b) "Pollution, impairment or destruction" has the meaning given it in section
116B.02, subdivision 5.

(c) "Environmental assessment worksheet" means a brief document which is
designed to set out the basic facts necessary to determine whether an environmental impact
statement is required for a proposed action. new text begin An environmental assessment worksheet shall
include information on both favorable and adverse environmental impacts.
new text end

(d) "Governmental action" means activities, including projects wholly or partially
conducted, permitted, assisted, financed, regulated, or approved by units of government
including the federal government.

(e) "Governmental unit" means any state agency and any general or special purpose
unit of government in the state including, but not limited to, watershed districts organized
under chapter 103D, counties, towns, cities, port authorities, housing authorities, and
economic development authorities established under sections 469.090 to 469.108, but not
including courts, school districts, and regional development commissions other than
the Metropolitan Council.

Sec. 2.

Minnesota Statutes 2004, section 116D.04, subdivision 2a, is amended to read:

Subd. 2a.

When prepared.

Where there is potential for significant new text begin adverse
new text end environmental effects resulting from any major governmental action, the action shall
be preceded by a detailed environmental impact statement prepared by the responsible
governmental unit. The environmental impact statement shall be an analytical rather
than an encyclopedic document which describes the proposed action in detail, analyzes
its significant new text begin favorable and adverse new text end environmental impacts, discusses appropriate
alternatives to the proposed action and their impacts, and explores methods by which
adverse environmental impacts of an action could be mitigated. The environmental
impact statement shall also analyze those economic, employment and sociological
effects that cannot be avoided should the action be implemented. To ensure its use in
the decision-making process, the environmental impact statement shall be prepared as
early as practical in the formulation of an action. No mandatory environmental impact
statement may be required for an ethanol plant, as defined in section 41A.09, subdivision
2a, paragraph (b), that produces less than 125,000,000 gallons of ethanol annually and
is located outside of the seven-county metropolitan area.

(a) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under
this section.

(b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet in a manner to be determined by
the board and shall provide copies of the environmental assessment worksheet to the board
and its member agencies. Comments on the need for an environmental impact statement
may be submitted to the responsible governmental unit during a 30 day period following
publication of the notice that an environmental assessment worksheet has been completed.
The responsible governmental unit's decision on the need for an environmental impact
statement shall be based on the environmental assessment worksheet and the comments
received during the comment period, and shall be made within 15 days after the close of
the comment period. The board's chair may extend the 15 day period by not more than 15
additional days upon the request of the responsible governmental unit.

(c) An environmental assessment worksheet shall also be prepared for a proposed
action whenever material evidence accompanying a petition by not less than 25
individuals, submitted before the proposed project has received final approval by the
appropriate governmental units, demonstrates that, because of the nature or location
of a proposed action, there may be potential for significant new text begin adverse new text end environmental
effects. Petitions requesting the preparation of an environmental assessment worksheet
shall be submitted to the board. The chair of the board shall determine the appropriate
responsible governmental unit and forward the petition to it. A decision on the need for
an environmental assessment worksheet shall be made by the responsible governmental
unit within 15 days after the petition is received by the responsible governmental unit.
The board's chair may extend the 15 day period by not more than 15 additional days upon
request of the responsible governmental unit.

(d) Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:

(1) the proposed action is:

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

(ii) an expansion of an existing animal feedlot facility with a total cumulative
capacity of less than 1,000 animal units;

(2) the application for the animal feedlot facility includes a written commitment by
the proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and

(3) the county board holds a public meeting for citizen input at least ten business
days prior to the Pollution Control Agency or county issuing a feedlot permit for the
animal feedlot facility unless another public meeting for citizen input has been held with
regard to the feedlot facility to be permitted. The exemption in this paragraph is in
addition to other exemptions provided under other law and rules of the board.

(e) The board may, prior to final approval of a proposed project, require preparation
of an environmental assessment worksheet by a responsible governmental unit selected
by the board for any action where environmental review under this section has not been
specifically provided for by rule or otherwise initiated.

(f) An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts, which, because of the nature or location
of the project, have the potential for significant new text begin adverse new text end environmental effects. The same
process shall be utilized to determine the form, content and level of detail of the statement
as well as the alternatives which are appropriate for consideration in the statement. In
addition, the permits which will be required for the proposed action shall be identified
during the scoping process. Further, the process shall identify those permits for which
information will be developed concurrently with the environmental impact statement. The
board shall provide in its rules for the expeditious completion of the scoping process. The
determinations reached in the process shall be incorporated into the order requiring the
preparation of an environmental impact statement.

(g) Whenever practical, information needed by a governmental unit for making final
decisions on permits or other actions required for a proposed project shall be developed in
conjunction with the preparation of an environmental impact statement.

(h) An environmental impact statement shall be prepared and its adequacy
determined within 280 days after notice of its preparation unless the time is extended by
consent of the parties or by the governor for good cause. The responsible governmental
unit shall determine the adequacy of an environmental impact statement, unless within 60
days after notice is published that an environmental impact statement will be prepared,
the board chooses to determine the adequacy of an environmental impact statement. If an
environmental impact statement is found to be inadequate, the responsible governmental
unit shall have 60 days to prepare an adequate environmental impact statement.

Sec. 3.

Minnesota Statutes 2004, section 116D.04, subdivision 8, is amended to read:

Subd. 8.

Early notice.

In order to facilitate coordination of environmental decision
making and the timely review of agency decisions, the board shall establish by rule a
procedure for early notice to the board and the public of natural resource management
and development permit applications and other impending state actions having significant
new text begin adverse new text end environmental effects.