HF 2334

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/22/2021 02:05pm

A bill for an act
relating to environment; providing for environmental justice considerations in
determining certain state permitting; amending Minnesota Statutes 2020, sections
116.06, by adding subdivisions; 116.07, subdivision 6; proposing coding for new
law in Minnesota Statutes, chapter 116.

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

Section 1.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of the Minnesota
Pollution Control Agency.
new text end

Sec. 2.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 6b. new text end

new text begin Community of color. new text end

new text begin "Community of color" means a geographically distinct
population with a substantial number of individuals who identify as Black, African American,
Hispanic, Latinx, Asian, Pacific Islander, or any other nonwhite race.
new text end

Sec. 3.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 6c. new text end

new text begin Cumulative impacts. new text end

new text begin "Cumulative impacts" means the potential public health
and environmental impacts from combined pollutant exposures and risks, incorporating the
context of community vulnerabilities, assessed from publicly accessible data based on the
past, present, and reasonably foreseeable future levels, emissions, and discharges affecting
the geographical area.
new text end

Sec. 4.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 10a. new text end

new text begin Environmental justice. new text end

new text begin "Environmental justice" means that communities
of color, indigenous communities, and low-income communities have a healthy environment
and are treated fairly when environmental statutes, rules, and policies are developed, adopted,
implemented, and enforced.
new text end

Sec. 5.

Minnesota Statutes 2020, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 10b. new text end

new text begin Environmental justice area of concern. new text end

new text begin "Environmental justice area of
concern" means a census tract or tracts:
new text end

new text begin (1) wherein at least 40 percent of people reported income less than 200 percent of the
federal poverty level;
new text end

new text begin (2) wherein at least 45 percent of the people identify as people of color in the most recent
data from the United States Census Bureau; or
new text end

new text begin (3) that are in Indian country, as defined in United States Code, title 18, section 1151.
new text end

Sec. 6.

new text begin [116.065] ENVIRONMENTAL JUSTICE AREAS OF CONCERN.
new text end

new text begin (a) When a new facility or a proposed expansion of an existing facility is located in an
environmental justice area of concern, the owner or operator of the facility must conduct
an analysis of the cumulative impacts that the facility or expansion would cause or contribute
to in the environmental justice area of concern.
new text end

new text begin (b) An owner or operator of a facility or project that requires a state permit under chapters
115 to 116 and that is located in an environmental justice area of concern must hold at least
one public meeting in the area of concern before the commissioner issues or denies a permit.
new text end

new text begin (c) The commissioner may require a permitted facility located in an environmental justice
area of concern to hold in-person meetings with neighbors to share information and discuss
community concerns. The commissioner may set the number and frequency of required
meetings as permit conditions.
new text end

new text begin (d) The commissioner may deny permits in an environmental justice area of concern if
the commissioner finds that a new facility that requires a permit from the agency would
cause or contribute to adverse cumulative impacts. The commissioner may consider other
compelling public interests in the decision to issue permits according to this section.
new text end

new text begin (e) The commissioner must adopt rules according to chapter 14 to implement this section.
new text end

Sec. 7.

Minnesota Statutes 2020, section 116.07, subdivision 6, is amended to read:

Subd. 6.

Pollution Control Agency; exercise of powers.

In exercising all deleted text begin its deleted text end powers new text begin ,
the commissioner of new text end the Pollution Control Agency deleted text begin shall give due consideration to deleted text end new text begin must:
new text end

new text begin (1) consider new text end the establishment, maintenance, operation and expansion of business,
commerce, trade, industry, traffic, and other economic factors and other material matters
affecting the feasibility and practicability of any proposed action, including, but not limited
to, the burden on a municipality of any tax which may result therefrom, and deleted text begin shall deleted text end new text begin must new text end take
or provide for such action as may be reasonable, feasible, and practical under the
circumstances deleted text begin . deleted text end new text begin ; and
new text end

new text begin (2) to the extent reasonable, feasible, and practical under the circumstances:
new text end

new text begin (i) ensure that actions or programs that have a direct, indirect, or cumulative impact on
environmental justice areas of concern incorporate community-focused practices and
procedures in agency processes, including communication, outreach, engagement, and
education to enhance meaningful, timely, and transparent community access;
new text end

new text begin (ii) collaborate with other state agencies to identify, develop, and implement means to
eliminate and reverse environmental and health inequities and disparities;
new text end

new text begin (iii) promote the utility and availability of environmental data and analysis for
environmental justice areas of concern, other agencies, federally recognized tribal
governments, and the public;
new text end

new text begin (iv) encourage coordination and collaboration with residents of environmental justice
areas of concern to address environmental and health inequities and disparities; and
new text end

new text begin (v) ensure environmental justice values are represented to the agency from a
commissioner-appointed environmental justice advisory committee that is composed of
diverse members and that is developed and operated in a manner open to the public and in
accordance with the duties described in the bylaws and charter adopted and maintained by
the commissioner.
new text end