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HF 1467

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/08/2023 10:24am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/07/2023

Current Version - as introduced

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A bill for an act
relating to mining; improving coordination, effectiveness, transparency, and
accountability of environmental review and permitting process for metallic mineral
mining projects; proposing coding for new law in Minnesota Statutes, chapter 93.

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

Section 1.

new text begin [93.70] PURPOSE.
new text end

new text begin The purpose of sections 93.70 to 93.711 is to improve the coordination, effectiveness,
transparency, and accountability of the environmental review and permitting process for
metallic mineral mining projects.
new text end

Sec. 2.

new text begin [93.705] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of sections 93.70 to 93.711, the terms defined
in this section have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of natural resources.
new text end

new text begin Subd. 3. new text end

new text begin Covered mining project. new text end

new text begin "Covered mining project" means a proposed metallic
mineral mining project or a modification to an existing metallic mining project for which
an environmental assessment worksheet or an environmental impact statement must be or
is being prepared according to chapter 116D, unless the project proposer requests that its
project be excluded from the requirements of sections 93.70 to 93.711.
new text end

new text begin Subd. 4. new text end

new text begin Dashboard. new text end

new text begin "Dashboard" means the online tool required under section 93.706,
subdivision 1.
new text end

new text begin Subd. 5. new text end

new text begin Participating agency. new text end

new text begin "Participating agency" means a state agency that has
regulatory authority over a covered mining project. Participating agency does not include
a state agency that informs the commissioner in writing that it does not intend to exercise
authority with respect to or submit comments in connection with a covered mining project.
new text end

new text begin Subd. 6. new text end

new text begin Submission date. new text end

new text begin "Submission date" means the date on which a project proposer
submits the completed data portion of an environmental assessment worksheet to the
responsible governmental unit for environmental review under chapter 116D.
new text end

Sec. 3.

new text begin [93.706] ENVIRONMENTAL AND PERMITTING REVIEW DASHBOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Dashboard required. new text end

new text begin The commissioner must create an environmental
review and permitting dashboard as an online tool for state and federal agencies, project
proposers, and interested members of the public to list and track environmental review and
permitting documents for covered mining projects.
new text end

new text begin Subd. 2. new text end

new text begin Adding project to dashboard; summary of project. new text end

new text begin The commissioner must
add a project to the dashboard within 15 days of the environmental assessment worksheet
submission date. Not later than 30 days after a project is added to the dashboard, the
commissioner must add to the dashboard a summary that includes:
new text end

new text begin (1) a statement of the purposes and objectives of the project;
new text end

new text begin (2) a concise description of the project, including:
new text end

new text begin (i) the general location of the project; and
new text end

new text begin (ii) a summary of geospatial information, if available, illustrating the project area and
the locations, if any, of environmental, cultural, and historic resources;
new text end

new text begin (3) a statement of any anticipated environmental reviews and local, state, and federal
permits to be required to complete the project; and
new text end

new text begin (4) a statement of any public hearings and opportunities to comment on environmental
review and permits for the project.
new text end

new text begin Subd. 3. new text end

new text begin Posting additional information. new text end

new text begin To the extent allowed by applicable law, the
commissioner must add and maintain the following project information to the dashboard
within 15 days of receiving it from a project proposer or from a participating agency:
new text end

new text begin (1) a hyperlink to a website that contains the completed data portions of the environmental
assessment worksheet, permit applications, and supporting documents for any required
environmental review or permit or a notice explaining how the public may obtain access to
these documents;
new text end

new text begin (2) the environmental review and permitting deadlines for the project;
new text end

new text begin (3) the compliance status of each participating agency with the environmental review
and permitting deadlines, including any information received by the commissioner under
section 93.707, subdivision 5;
new text end

new text begin (4) any modification to the environmental review and permitting deadlines, along with
an explanation of the modification;
new text end

new text begin (5) any memorandum of understanding for the project;
new text end

new text begin (6) a description of any action taken or decision made by a participating agency that
materially affects the status of the environmental review or permit for the project; and
new text end

new text begin (7) a description of the status of any litigation to which a state agency is a party and that
is directly related to the project, including, if practicable, any judicial document made
available on an electronic docket maintained by a federal, state, or local court.
new text end

new text begin Subd. 4. new text end

new text begin Participating agencies; duties. new text end

new text begin (a) Within five days of a participating agency
receiving the completed data portion of the environmental assessment worksheet for a
covered mining project for which the participating agency is the responsible governmental
unit under chapter 116D, the participating agency must notify the commissioner of the
submission date and, no later than 20 days after the submission date, provide to the
commissioner the information described in subdivision 2.
new text end

new text begin (b) Each participating agency that possesses or receives any of the information described
in subdivision 3 must immediately submit the information to the commissioner for inclusion
in the dashboard under subdivision 3.
new text end

Sec. 4.

new text begin [93.707] COORDINATED PROJECT PLAN.
new text end

new text begin Subdivision 1. new text end

new text begin Coordinated project plan required. new text end

new text begin Within 60 days of the date by which
a project is required to be added to the dashboard under section 93.706, subdivision 2, the
commissioner, in coordination with the other participating agencies and the project proposer,
must establish a coordinated project plan for coordinating public and agency participation
in and completing any required environmental review and permits for the project. A
coordinated project plan may be incorporated into a memorandum of understanding with
other state and federal agencies and Tribes.
new text end

new text begin Subd. 2. new text end

new text begin Updating; required contents. new text end

new text begin The commissioner must update a coordinated
project plan quarterly. A plan must include:
new text end

new text begin (1) a list of all entities with environmental review or permitting responsibility for the
project, including an explanation of each entity's specific roles and responsibilities;
new text end

new text begin (2) plans and a schedule for public and Tribal outreach and coordination, to the extent
required by applicable law; and
new text end

new text begin (3) a comprehensive schedule of deadlines by which all environmental reviews, permits,
and approvals, including those at the federal level to the extent practicable, must be
completed. The deadlines established under this clause must include intermediate and final
completion deadlines for actions by each participating agency and, except as provided in
subdivision 3, must be consistent with the following:
new text end

new text begin (i) when an environmental assessment worksheet is prepared for a project for which an
environmental impact statement is not required, the decision on the need for an environmental
impact statement must be made no later than 18 months after the environmental assessment
worksheet submission date; and
new text end

new text begin (ii) when an environmental impact statement is prepared for a project, the decision on
the adequacy of the final environmental impact statement must be made no later than three
years after the environmental assessment worksheet submission date.
new text end

new text begin Subd. 3. new text end

new text begin Alternative deadlines. new text end

new text begin If the commissioner includes deadlines that are
inconsistent with subdivision 2, clause (3), in a coordinated project plan, within five days
the commissioner must report to the chairs and ranking minority members of the legislative
committees and divisions with jurisdiction over mining to explain the reason for the decision,
including an explanation of why the deadlines under subdivision 2, clause (3), are inadequate.
The anticipated time required to obtain a federal permit or decision may not serve as the
basis for a decision to deviate from the deadlines under subdivision 2, clause (3).
new text end

new text begin Subd. 4. new text end

new text begin Modifying deadlines. new text end

new text begin (a) The commissioner may modify a deadline established
in a coordinated project plan only if:
new text end

new text begin (1) the commissioner or the applicable participating agency provides the project proposer
with a written justification for the modification; and
new text end

new text begin (2) the commissioner and affected participating agencies, after consultation with the
project proposer, subsequently agree to a different deadline.
new text end

new text begin (b) If the combined modifications to one or more deadlines established in a coordinated
project plan extend the initially anticipated project completion date by more than 20 percent:
new text end

new text begin (1) within five days of the most recent modification, the commissioner must report to
the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over mining to explain the reason the modifications are necessary. For purposes
of calculating the percentage of time that modifications have extended the anticipated project
completion date, modifications made necessary by reasons completely outside the control
of state agencies must not be considered; and
new text end

new text begin (2) the commissioner must annually submit to the committees and divisions under clause
(1) a report on progress toward final completion of the project until the earlier of the
completion of final environmental review and permitting actions by state agencies or the
withdrawal of the proposal by its proposer.
new text end

new text begin Subd. 5. new text end

new text begin Participating agencies; duties. new text end

new text begin (a) Each participating agency must meet the
deadlines established in the applicable coordinated project plan.
new text end

new text begin (b) If a participating agency fails to meet a deadline established in a coordinated project
plan or anticipates failing to meet a deadline, the agency must immediately:
new text end

new text begin (1) notify the commissioner of the failure or anticipated failure;
new text end

new text begin (2) explain the reason for the failure or anticipated failure; and
new text end

new text begin (3) propose a date for a modified deadline.
new text end

new text begin (c) After the commissioner receives the information under paragraph (b), the
commissioner must modify the deadline according to subdivision 4. Until the modified
deadline is met, the participating agency must submit monthly progress reports to the
commissioner on the agency's progress in meeting the modified deadline.
new text end

Sec. 5.

new text begin [93.708] COORDINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Synchronization required. new text end

new text begin To the extent practicable under applicable
law, the commissioner and participating agencies must synchronize state environmental
review and permitting processes for a covered mining project with any federal, local, or
Tribal agency responsible for conducting any review or authorization of the project to ensure
timely and efficient completion of environmental reviews and authorizations. To the extent
practicable, any synchronization plan must be included in a memorandum of understanding.
new text end

new text begin Subd. 2. new text end

new text begin Facilitating early communication. new text end

new text begin To the extent practicable, the commissioner
must establish and provide an expeditious process for project proposers to confer with
participating agencies, federal agencies, Tribal agencies, and local agencies and to obtain
from those agencies, within 60 days of a request, information about:
new text end

new text begin (1) the availability of information and tools, including pre-application toolkits, to facilitate
early planning efforts;
new text end

new text begin (2) key issues of concern to each agency and to the public; and
new text end

new text begin (3) issues that must be addressed before an environmental review, authorization, or
permit can be completed.
new text end

new text begin Subd. 3. new text end

new text begin Identifying potential problems. new text end

new text begin Each participating agency must:
new text end

new text begin (1) identify, as early as practicable, any issues of concern regarding the potential
environmental impacts of a covered mining project, including any issues that could
substantially delay or prevent an agency from completing any environmental review or
permitting process required for the project; and
new text end

new text begin (2) communicate those issues to the commissioner and to the project proposer.
new text end

Sec. 6.

new text begin [93.709] BEST PRACTICES.
new text end

new text begin By July 1, 2023, and every two years thereafter, the commissioner must issue
recommended best practices for environmental review and permitting of covered mining
projects designed to:
new text end

new text begin (1) enhance early stakeholder engagement;
new text end

new text begin (2) ensure timely decisions regarding environmental reviews and permits, including by
developing performance metrics;
new text end

new text begin (3) improve coordination between state and nonstate governmental entities, including
by developing common data standards and terminology across agencies;
new text end

new text begin (4) increase transparency; and
new text end

new text begin (5) reduce information-collection requirements and other administrative burdens on
agencies, project proposers, and other interested parties.
new text end

Sec. 7.

new text begin [93.71] RELATION TO OTHER LAW.
new text end

new text begin (a) Nothing in sections 93.70 to 93.711 is to be construed to require an act that conflicts
with applicable federal law.
new text end

new text begin (b) Nothing in sections 90.70 to 93.711 in any way affects the specific statutory
obligations of a state agency to comply with criteria or standards of environmental quality.
new text end

Sec. 8.

new text begin [93.711] REPORT.
new text end

new text begin By April 15 each year, the commissioner must submit a report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over mining.
The report must describe progress during the previous fiscal year in making
environmental-review and permitting-process improvements under sections 93.70 to 93.709
and assess the performance of each participating agency in implementing the improvements.
new text end

Sec. 9. new text beginADDING OTHER MINING PROJECTS TO DASHBOARD.
new text end

new text begin For any metallic mineral mining project for which an environmental assessment worksheet
or an environmental impact statement was prepared according to Minnesota Statutes, chapter
116D, before the effective date of sections 1 to 8, the commissioner of natural resources
must add the information described in Minnesota Statutes, section 93.706, subdivision 2,
to the dashboard required by Minnesota Statutes, section 93.706, subdivision 1.
new text end