SF 1567

1st Unofficial Engrossment - 87th Legislature (2011 - 2012)

Posted on 03/26/2012 11:54 a.m.

1.1A bill for an act 1.2relating to environment; providing for permitting efficiency; modifying 1.3environmental review requirements; appropriating money;amending Minnesota 1.4Statutes 2010, sections 14.05, by adding a subdivision; 41A.10, subdivision 1.51; 84.027, by adding a subdivision; 115.03, by adding a subdivision; 116.07, 1.6subdivision 4a; 116J.035, by adding a subdivision; Minnesota Statutes 2011 1.7Supplement, sections 84.027, subdivision 14a; 116.03, subdivision 2b; 116D.04, 1.8subdivision 2a. 1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10ARTICLE 1 1.11PERMITTING 1.12    Section 1. Minnesota Statutes 2011 Supplement, section 84.027, subdivision 14a, 1.13is amended to read: 1.14    Subd. 14a. Permitting efficiency. (a) It is the goal of the state that environmental 1.15and resource management permits be issued or denied within 150 days of the submission 1.16of a substantially completed permit application. The commissioner of natural resources 1.17shall establish management systems designed to achieve the goal. 1.18(b) The commissioner shall prepare semiannual permitting efficiency reports that 1.19include statistics on meeting the goal in paragraph (a). The reports are due February 1 1.20and August 1 each year. For permit applications that have not met the goal, the report 1.21must state the reasons for not meeting the goal, steps that will be taken to complete action 1.22on the application, and the expected timeline. In stating the reasons for not meeting the 1.23goal, the commissioner shall separately identify delays caused by the responsiveness of 1.24the proposer, lack of staff, scientific or technical disagreements, or the level of public 1.25engagement. The report must specify the number of days from initial submission of the 2.1application to the day of determination that the application is complete. The report for 2.2August 1 each year must aggregate the data for the year and assess whether program 2.3or system changes are necessary to achieve the goal. The report must be posted on the 2.4department's Web site and submitted to the governor and the chairs and ranking minority 2.5members of the house of representatives and senate committees having jurisdiction over 2.6natural resources policy and finance. 2.7(c) The commissioner shall allow electronic submission of environmental review 2.8and permit documents to the department. 2.9(d) Beginning July 1, 2011, within 30 business days of application for a permit 2.10subject to paragraph (a), the commissioner of natural resources shall notify the project 2.11proposer, in writing, of whether or not the permit application is complete enough for 2.12processing. If the permit is incomplete, the commissioner must identify where new text begin whether new text end 2.13 new text begin the application is complete or incomplete. If the commissioner determines that an new text end 2.14 new text begin application is incomplete, the notice to the applicant must enumerate all new text end deficiencies exist new text begin , new text end 2.15 new text begin citing specific provisions of the applicable rules and statutes, new text end and advise the applicant 2.16on how they new text begin the deficiencies new text end can be remedied. A resubmittal of the application begins 2.17a new 30-day review period. If the commissioner fails to notify the project proposer 2.18of completeness within 30 business days, the application is deemed to be substantially 2.19complete and subject to the 150-day permitting review period in paragraph (a) from the 2.20date it was submitted. This paragraph does not apply to an application for a permit that is 2.21subject to a grant or loan agreement under chapter 446A. 2.22    Sec. 2. Minnesota Statutes 2010, section 84.027, is amended by adding a subdivision 2.23to read: 2.24     new text begin Subd. 14b. new text end new text begin Irrevocability or suspensions of permits. new text end new text begin If, by July 1 of an new text end 2.25 new text begin odd-numbered year, a biennial appropriation law has not been enacted to fund air, new text end 2.26 new text begin water, and land programs at the department, existing permits shall not be terminated or new text end 2.27 new text begin suspended, provided the terms and conditions of the permit and local, state, and federal new text end 2.28 new text begin laws and rules are met, regardless of the state's capability to receive, review, or process new text end 2.29 new text begin fees, reports, or other filings. new text end 2.30    Sec. 3. Minnesota Statutes 2010, section 115.03, is amended by adding a subdivision to 2.31read: 2.32     new text begin Subd. 8b. new text end new text begin Permit duration; state disposal system permits; animal feedlots. new text end new text begin State new text end 2.33 new text begin disposal system permits that are issued without a national pollutant discharge elimination new text end 3.1 new text begin system permit to animal feedlots shall be issued for a term of ten years and are valid unless new text end 3.2 new text begin the animal feedlot is not in compliance with the terms of the permit. new text end 3.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 3.4    Sec. 4. Minnesota Statutes 2011 Supplement, section 116.03, subdivision 2b, is 3.5amended to read: 3.6    Subd. 2b. Permitting efficiency. (a) It is the goal of the state that environmental and 3.7resource management permits be issued or denied within 150 days of the submission of a 3.8substantially completed permit application. The commissioner of the Pollution Control 3.9Agency shall establish management systems designed to achieve the goal. 3.10(b) The commissioner shall prepare semiannual permitting efficiency reports that 3.11include statistics on meeting the goal in paragraph (a). The reports are due February 1 3.12and August 1 each year. For permit applications that have not met the goal, the report 3.13must state the reasons for not meeting the goal, steps that will be taken to complete action 3.14on the application, and the expected timeline. In stating the reasons for not meeting the 3.15goal, the commissioner shall separately identify delays caused by the responsiveness of 3.16the proposer, lack of staff, scientific or technical disagreements, or the level of public 3.17engagement. The report must specify the number of days from initial submission of the 3.18application to the day of determination that the application is complete. The report for 3.19August 1 each year must aggregate the data for the year and assess whether program 3.20or system changes are necessary to achieve the goal. The report must be posted on the 3.21agency's Web site and submitted to the governor and the chairs and ranking minority 3.22members of the house of representatives and senate committees having jurisdiction over 3.23environment policy and finance. 3.24(c) The commissioner shall allow electronic submission of environmental review 3.25and permit documents to the agency. 3.26(d) Beginning July 1, 2011, within 30 business days of application for a permit 3.27subject to paragraph (a), the commissioner of the Pollution Control Agency shall notify 3.28the project proposer, in writing, of whether or not the permit application is complete 3.29enough for processing. If the permit is incomplete, the commissioner must identify where new text begin new text end 3.30 new text begin whether the application is complete or incomplete. If the commissioner determines that an new text end 3.31 new text begin application is incomplete, the notice to the applicant must enumerate all new text end deficiencies exist new text begin , new text end 3.32 new text begin citing specific provisions of the applicable rules and statutes, new text end and advise the applicant 3.33on how they new text begin the deficiencies new text end can be remedied. A resubmittal of the application begins 3.34a new 30-day review period. If the commissioner fails to notify the project proposer 3.35of completeness within 30 business days, the application is deemed to be substantially 4.1complete and subject to the 150-day permitting review period in paragraph (a) from the 4.2date it was submitted. This paragraph does not apply to an application for a permit that is 4.3subject to a grant or loan agreement under chapter 446A. 4.4 new text begin (e) For purposes of this subdivision, "permit professional" means an individual not new text end 4.5 new text begin employed by the Pollution Control Agency who: new text end 4.6 new text begin (1) has a professional engineer license issued by the state of Minnesota; new text end 4.7 new text begin (2) has at least ten years of experience in the subject area of the permit; and new text end 4.8 new text begin (3) abides by the duty of candor applicable to employees of the Pollution Control new text end 4.9 new text begin Agency under agency rules and complies with all applicable requirements for engineers new text end 4.10 new text begin under chapter 326. new text end 4.11 new text begin (f) Upon the agency's request, an applicant relying on a permit professional must new text end 4.12 new text begin participate in a meeting with the agency before submitting an application: new text end 4.13 new text begin (1) during the preapplication meeting, the applicant must submit at least the new text end 4.14 new text begin following: new text end 4.15 new text begin (i) project description, including, but not limited to, scope of work, primary new text end 4.16 new text begin emissions points, discharge outfalls, and water intake points; new text end 4.17 new text begin (ii) location of the project, including county, municipality, and location on the site; new text end 4.18 new text begin (iii) business schedule for project completion; and new text end 4.19 new text begin (iv) other information requested by the agency at least two weeks prior to the new text end 4.20 new text begin scheduled meeting; and new text end 4.21     new text begin (2) during the preapplication meeting, the agency shall provide for the applicant at new text end 4.22 new text begin least the following: new text end 4.23 new text begin (i) an overview of the permit review program; new text end 4.24 new text begin (ii) a determination of which specific application or applications will be necessary new text end 4.25 new text begin to complete the project; new text end 4.26 new text begin (iii) a statement notifying the applicant if the specific permit being sought requires a new text end 4.27 new text begin mandatory public hearing or comment period; new text end 4.28 new text begin (iv) a review of the timetable established in the permit review program for the new text end 4.29 new text begin specific permit being sought; and new text end 4.30 new text begin (v) a determination of what information must be included in the application, new text end 4.31 new text begin including a description of any required modeling or testing. new text end 4.32 new text begin (g) The applicant may select a permit professional to undertake the preparation new text end 4.33 new text begin of the permit application and draft permit. new text end 4.34 new text begin (h) The agency shall, within five business days of receipt of an application, notify the new text end 4.35 new text begin applicant and submitting permit professional that the application is complete or is denied, new text end 4.36 new text begin specifying the deficiencies of the application. new text end 5.1 new text begin (i) Upon receipt of notice that the application is complete, the permit professional new text end 5.2 new text begin shall submit to the agency a timetable for submitting a draft permit. The permit new text end 5.3 new text begin professional shall submit a draft permit on or before the date provided in the timetable. new text end 5.4 new text begin Within 60 days after the close of the public comment period and public hearing, the new text end 5.5 new text begin commissioner shall notify the applicant whether the permit is approved. new text end 5.6 new text begin (j) Nothing in this section shall be construed to modify: new text end 5.7 new text begin (1) any requirement of law that is necessary to retain federal delegation to or new text end 5.8 new text begin assumption by the state; or new text end 5.9 new text begin (2) the authority to implement a federal law or program. new text end 5.10 new text begin (k) The permit application and draft permit shall identify or include as an appendix new text end 5.11 new text begin all studies and other sources of information used to substantiate the analysis contained in new text end 5.12 new text begin the permit application and draft period. The commissioner shall request additional studies, new text end 5.13 new text begin if needed, and the project proposer shall submit all additional studies and information new text end 5.14 new text begin necessary for the commissioner to perform the commissioner's responsibility to review, new text end 5.15 new text begin modify, and determine the completeness of the application and approve the draft permit. new text end 5.16 new text begin (l) If, by July 1 of an odd-numbered year, a biennial appropriation law has not been new text end 5.17 new text begin enacted to fund air, water, and land programs at the agency, existing permits shall not be new text end 5.18 new text begin terminated or suspended, provided the terms and conditions of the permit and local, state, new text end 5.19 new text begin and federal laws and rules are met, regardless of the state's capability to receive, review, new text end 5.20 new text begin or process fees, reports, or other filings. new text end 5.21    Sec. 5. Minnesota Statutes 2010, section 116.07, subdivision 4a, is amended to read: 5.22    Subd. 4a. Permits. (a) The Pollution Control Agency may issue, continue in 5.23effect or deny permits, under such conditions as it may prescribe for the prevention of 5.24pollution, for the emission of air contaminants, or for the installation or operation of 5.25any emission facility, air contaminant treatment facility, treatment facility, potential air 5.26contaminant storage facility, or storage facility, or any part thereof, or for the sources 5.27or emissions of noise pollution. 5.28    The Pollution Control Agency may also issue, continue in effect or deny permits, 5.29under such conditions as it may prescribe for the prevention of pollution, for the storage, 5.30collection, transportation, processing, or disposal of waste, or for the installation or 5.31operation of any system or facility, or any part thereof, related to the storage, collection, 5.32transportation, processing, or disposal of waste. 5.33    The agency may not issue a permit to a facility without analyzing and considering 5.34the cumulative levels and effects of past and current environmental pollution from all 5.35sources on the environment and residents of the geographic area within which the facility's 6.1emissions are likely to be deposited, provided that the facility is located in a community in 6.2a city of the first class in Hennepin County that meets all of the following conditions: 6.3    (1) is within a half mile of a site designated by the federal government as an EPA 6.4superfund site due to residential arsenic contamination; 6.5    (2) a majority of the population are low-income persons of color and American 6.6Indians; 6.7    (3) a disproportionate percent of the children have childhood lead poisoning, asthma, 6.8or other environmentally related health problems; 6.9    (4) is located in a city that has experienced numerous air quality alert days of 6.10dangerous air quality for sensitive populations between February 2007 and February 6.112008; and 6.12    (5) is located near the junctions of several heavily trafficked state and county 6.13highways and two one-way streets which carry both truck and auto traffic. 6.14    The Pollution Control Agency may revoke or modify any permit issued under this 6.15subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to 6.16prevent or abate pollution. 6.17    (b) The Pollution Control Agency has the authority for approval over the siting, 6.18expansion, or operation of a solid waste facility with regard to environmental issues. 6.19However, the agency's issuance of a permit does not release the permittee from any 6.20liability, penalty, or duty imposed by any applicable county ordinances. Nothing in this 6.21chapter precludes, or shall be construed to preclude, a county from enforcing land use 6.22controls, regulations, and ordinances existing at the time of the permit application and 6.23adopted pursuant to sections 366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365, 6.24with regard to the siting, expansion, or operation of a solid waste facility. 6.25 new text begin (c) Except as prohibited by federal law, a person may commence construction, new text end 6.26 new text begin reconstruction, replacement, or modification of any facility prior to the issuance of a new text end 6.27 new text begin construction permit by the agency. new text end 6.28    Sec. 6. Minnesota Statutes 2010, section 116J.035, is amended by adding a subdivision 6.29to read: 6.30     new text begin Subd. 8. new text end new text begin Environmental permits coordinator. new text end new text begin (a) The commissioner of new text end 6.31 new text begin employment and economic development shall, through the multiagency collaboration new text end 6.32 new text begin called "Minnesota Business First Stop" ensure the coordination, implementation, and new text end 6.33 new text begin administration of state and federal permits, including: new text end 7.1 new text begin (1) establishing a mechanism in state government that will coordinate administrative new text end 7.2 new text begin decision-making procedures and related quasijudicial and judicial review pertaining to new text end 7.3 new text begin permits related to the state's air, land, and water resources; new text end 7.4 new text begin (2) providing coordination and understanding between federal, state, and local new text end 7.5 new text begin governmental units in the administration of the various programs relating to air, water, new text end 7.6 new text begin and land resources; new text end 7.7 new text begin (3) identifying all existing federal, state, and local permits and other approvals; new text end 7.8 new text begin compliance schedules; or other programs that pertain to the use of natural resources and new text end 7.9 new text begin protection of the environment; and new text end 7.10 new text begin (4) recommending legislative or administrative modifications to existing permit new text end 7.11 new text begin programs to increase their efficiency and utility. new text end 7.12 new text begin (b) A person proposing a project may apply to the environmental permits coordinator new text end 7.13 new text begin for assistance in obtaining necessary state permits and other approvals. Upon request, the new text end 7.14 new text begin environmental permits coordinator shall: new text end 7.15 new text begin (1) provide a list of all federal, state, and local permits and other required approvals new text end 7.16 new text begin for the project; new text end 7.17 new text begin (2) provide a plan that will coordinate federal, state, and local administrative new text end 7.18 new text begin decision-making practices, including monitoring, analysis and reporting, public comments new text end 7.19 new text begin and hearings, and issuances of permits and approvals; new text end 7.20 new text begin (3) provide a timeline for the issuance of all federal, state, and local permits and new text end 7.21 new text begin other approvals required for the project; new text end 7.22 new text begin (4) coordinate the execution of any memorandum of understanding between the new text end 7.23 new text begin person proposing a project and any federal, state, or local agency; new text end 7.24 new text begin (5) coordinate all federal, state, or local public comment periods and hearings; and new text end 7.25 new text begin (6) provide other assistance requested to facilitate final approval and issuance of all new text end 7.26 new text begin federal, state, and local permits and other approvals required for the project. new text end 7.27 new text begin (c) As necessary, the environmental permits coordinator shall negotiate a schedule new text end 7.28 new text begin to assess the project proposer for reasonable costs that any state agency incurs in new text end 7.29 new text begin coordinating the implementation and administration of state permits, and the proposer new text end 7.30 new text begin shall pay the assessed costs to the environmental permits coordinator. Money received new text end 7.31 new text begin by the environmental permits coordinator must be credited to an account in the special new text end 7.32 new text begin revenue fund and is appropriated to the commissioner to cover the assessed costs incurred. new text end 7.33 new text begin (d) The coordination of implementation and administration of state permits is not new text end 7.34 new text begin governmental action under section 116D.04. new text end 7.35 new text begin (e) For the purposes of this subdivision: new text end 7.36 new text begin (1) "agency" means: new text end 8.1 new text begin (i) a state department, commission, board, or other agency of the state, however new text end 8.2 new text begin titled; or new text end 8.3 new text begin (ii) a local governmental unit or instrumentality, only when that unit or new text end 8.4 new text begin instrumentality is acting within existing legal authority to grant or deny a permit that new text end 8.5 new text begin otherwise would be granted or denied by a state agency; new text end 8.6 new text begin (2) "local governmental unit" means a county, city, town, or special district with new text end 8.7 new text begin legal authority to issue a permit; new text end 8.8 new text begin (3) "permit" means a permit, certificate, certification, approval, compliance schedule, new text end 8.9 new text begin or other similar document pertaining to a regulatory or management program related to new text end 8.10 new text begin the protection, conservation, or use of or interference with the natural resources of land, new text end 8.11 new text begin air, or water that must be obtained from a state agency before constructing or operating a new text end 8.12 new text begin project in the state; new text end 8.13 new text begin (4) "person" means an individual, an association or partnership, or a cooperative, new text end 8.14 new text begin municipal, public, or private corporation, including but not limited to a state agency new text end 8.15 new text begin and a county; and new text end 8.16 new text begin (5) "project" means a new activity or an expansion of or addition to an existing new text end 8.17 new text begin activity, which is fixed in location and for which permits are required from an agency new text end 8.18 new text begin prior to construction or operation, including but not limited to industrial and commercial new text end 8.19 new text begin operations and developments. new text end 8.20ARTICLE 2 8.21ENVIRONMENTAL REVIEW 8.22    Section 1. Minnesota Statutes 2010, section 14.05, is amended by adding a subdivision 8.23to read: 8.24     new text begin Subd. 5a. new text end new text begin Review of environmental assessment worksheets and environmental new text end 8.25 new text begin impact statements. new text end new text begin By December 1, 2012, and every five years thereafter, the new text end 8.26 new text begin Environmental Quality Board, Pollution Control Agency, Department of Natural new text end 8.27 new text begin Resources, and Department of Transportation, after consultation with political new text end 8.28 new text begin subdivisions, shall submit to the governor and the chairs of the house of representatives new text end 8.29 new text begin and senate committees having jurisdiction over environment and natural resources a list new text end 8.30 new text begin of mandatory environmental assessment worksheet or mandatory environmental impact new text end 8.31 new text begin statement categories for which the agency or a political subdivision is designated as the new text end 8.32 new text begin responsible government unit, and for each worksheet or statement category, a document new text end 8.33 new text begin including: new text end 8.34 new text begin (1) intended outcomes of each worksheet or statement within each category; new text end 8.35 new text begin (2) the cost to state and local government and the private sector; and new text end 9.1 new text begin (3) an explanation of what information provided on the mandatory worksheet or new text end 9.2 new text begin statement within each category is not included in or provided for in an existing permit or new text end 9.3 new text begin other federal, state, or local law. new text end 9.4    Sec. 2. Minnesota Statutes 2010, section 41A.10, subdivision 1, is amended to read: 9.5    Subdivision 1. Definitions. For the purposes of this section and section 103F.518, 9.6the terms defined in this subdivision have the meanings given them. 9.7    (a) "Cellulosic biofuel" means transportation fuel derived from cellulosic materials. 9.8    (b) "Cellulosic material" means an agricultural new text begin or wood new text end feedstock primarily 9.9comprised of cellulose, hemicellulose, or lignin or a combination of those ingredients 9.10grown on agricultural lands new text begin or harvested timber lands new text end . 9.11    (c) "Agricultural land" means land used for horticultural, row, close grown, pasture, 9.12and hayland crops; growing nursery stocks; animal feedlots; farm yards; associated 9.13building sites; and public and private drainage systems and field roads located on any of 9.14that land. 9.15    (d) "Cellulosic biofuel facility" means a facility at which cellulosic biofuel is 9.16produced. 9.17    (e) "Perennial crops" means agriculturally produced plants that have a life cycle of at 9.18least three years at the location where the plants are being cultivated. 9.19    (f) "Perennial cropping system" means an agricultural production system that 9.20utilizes a perennial crop. 9.21    (g) "Native species" means a plant species which was present in a defined area of 9.22Minnesota prior to European settlement (circa 1850). A defined area may be an ecological 9.23classification province. Wild-type varieties therefore are regional or local ecotypes that 9.24have not undergone a selection process. 9.25    (h) "Diverse native prairie" means a prairie planted from a mix of local Minnesota 9.26native prairie species. A selection from all available native prairie species may be made so 9.27as to match species appropriate to local site conditions. 9.28    (i) "Commissioner" means the commissioner of agriculture. 9.29    Sec. 3. Minnesota Statutes 2011 Supplement, section 116D.04, subdivision 2a, is 9.30amended to read: 9.31    Subd. 2a. When prepared. Where there is potential for significant environmental 9.32effects resulting from any major governmental action, the action shall be preceded by a 9.33detailed environmental impact statement prepared by the responsible governmental unit. 9.34The environmental impact statement shall be an analytical rather than an encyclopedic 10.1document which describes the proposed action in detail, analyzes its significant 10.2environmental impacts, discusses appropriate alternatives to the proposed action and 10.3their impacts, and explores methods by which adverse environmental impacts of an 10.4action could be mitigated. The environmental impact statement shall also analyze those 10.5economic, employment and sociological effects that cannot be avoided should the action 10.6be implemented. To ensure its use in the decision-making process, the environmental 10.7impact statement shall be prepared as early as practical in the formulation of an action. 10.8No mandatory environmental impact statement may be required for an ethanol plant, 10.9as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than 10.10125,000,000 gallons of ethanol annually and is located outside of the seven-county 10.11metropolitan area. 10.12    (a) The board shall by rule establish categories of actions for which environmental 10.13impact statements and for which environmental assessment worksheets shall be prepared 10.14as well as categories of actions for which no environmental review is required under this 10.15section. A mandatory environmental assessment worksheet shall not be required for the 10.16expansion of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph 10.17(b), or the conversion of an ethanol plant to a biobutanol facility or the expansion of a 10.18biobutanol facility as defined in section 41A.105, subdivision 1a, based on the capacity 10.19of the expanded or converted facility to produce alcohol fuel, but must be required if 10.20the ethanol plant meets or exceeds thresholds of other categories of actions for which 10.21environmental assessment worksheets must be prepared. The responsible governmental 10.22unit for an ethanol plant project for which an environmental assessment worksheet is 10.23prepared shall be the state agency with the greatest responsibility for supervising or 10.24approving the project as a whole. new text begin A mandatory environmental impact statement shall new text end 10.25 new text begin not be required for a facility or plant located outside the seven-county metropolitan new text end 10.26 new text begin area that produces less than 125,000,000 gallons of ethanol, biobutanol, or cellulosic new text end 10.27 new text begin biofuel annually, if the facility or plant is: an ethanol plant, as defined in section 41A.09, new text end 10.28 new text begin subdivision 2a, paragraph (b); a biobutanol facility, as defined in section 41A.105, new text end 10.29 new text begin subdivision 1a, clause (1); or a cellulosic biofuel facility as defined in section 41A.10, new text end 10.30 new text begin subdivision 1, paragraph (d). new text end 10.31    (b) The responsible governmental unit shall promptly publish notice of the 10.32completion of an environmental assessment worksheet in a manner to be determined by 10.33the board and shall provide copies of the environmental assessment worksheet to the board 10.34and its member agencies. Comments on the need for an environmental impact statement 10.35may be submitted to the responsible governmental unit during a 30-day period following 10.36publication of the notice that an environmental assessment worksheet has been completed. 11.1The responsible governmental unit's decision on the need for an environmental impact 11.2statement shall be based on the environmental assessment worksheet and the comments 11.3received during the comment period, and shall be made within 15 days after the close of 11.4the comment period. The board's chair may extend the 15-day period by not more than 15 11.5additional days upon the request of the responsible governmental unit. 11.6    (c) An environmental assessment worksheet shall also be prepared for a proposed 11.7action whenever material evidence accompanying a petition by not less than 100 11.8individuals who reside or own property in the state, submitted before the proposed 11.9project has received final approval by the appropriate governmental units, demonstrates 11.10that, because of the nature or location of a proposed action, there may be potential for 11.11significant environmental effects. Petitions requesting the preparation of an environmental 11.12assessment worksheet shall be submitted to the board. The chair of the board shall 11.13determine the appropriate responsible governmental unit and forward the petition to it. 11.14A decision on the need for an environmental assessment worksheet shall be made by 11.15the responsible governmental unit within 15 days after the petition is received by the 11.16responsible governmental unit. The board's chair may extend the 15-day period by not 11.17more than 15 additional days upon request of the responsible governmental unit. 11.18    (d) Except in an environmentally sensitive location where Minnesota Rules, part 11.194410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 11.20review under this chapter and rules of the board, if: 11.21    (1) the proposed action is: 11.22    (i) an animal feedlot facility with a capacity of less than 1,000 animal units; or 11.23    (ii) an expansion of an existing animal feedlot facility with a total cumulative 11.24capacity of less than 1,000 animal units; 11.25    (2) the application for the animal feedlot facility includes a written commitment by 11.26the proposer to design, construct, and operate the facility in full compliance with Pollution 11.27Control Agency feedlot rules; and 11.28    (3) the county board holds a public meeting for citizen input at least ten business 11.29days prior to the Pollution Control Agency or county issuing a feedlot permit for the 11.30animal feedlot facility unless another public meeting for citizen input has been held with 11.31regard to the feedlot facility to be permitted. The exemption in this paragraph is in 11.32addition to other exemptions provided under other law and rules of the board. 11.33    (e) The board may, prior to final approval of a proposed project, require preparation 11.34of an environmental assessment worksheet by a responsible governmental unit selected 11.35by the board for any action where environmental review under this section has not been 11.36specifically provided for by rule or otherwise initiated. 12.1    (f) An early and open process shall be utilized to limit the scope of the environmental 12.2impact statement to a discussion of those impacts, which, because of the nature or location 12.3of the project, have the potential for significant environmental effects. The same process 12.4shall be utilized to determine the form, content and level of detail of the statement as well 12.5as the alternatives which are appropriate for consideration in the statement. In addition, 12.6the permits which will be required for the proposed action shall be identified during the 12.7scoping process. Further, the process shall identify those permits for which information 12.8will be developed concurrently with the environmental impact statement. The board 12.9shall provide in its rules for the expeditious completion of the scoping process. The 12.10determinations reached in the process shall be incorporated into the order requiring the 12.11preparation of an environmental impact statement. 12.12    (g) The responsible governmental unit shall, to the extent practicable, avoid 12.13duplication and ensure coordination between state and federal environmental review 12.14and between environmental review and environmental permitting. Whenever practical, 12.15information needed by a governmental unit for making final decisions on permits or 12.16other actions required for a proposed project shall be developed in conjunction with the 12.17preparation of an environmental impact statement. 12.18    (h) An environmental impact statement shall be prepared and its adequacy 12.19determined within 280 days after notice of its preparation unless the time is extended by 12.20consent of the parties or by the governor for good cause. The responsible governmental 12.21unit shall determine the adequacy of an environmental impact statement, unless within 60 12.22days after notice is published that an environmental impact statement will be prepared, 12.23the board chooses to determine the adequacy of an environmental impact statement. If an 12.24environmental impact statement is found to be inadequate, the responsible governmental 12.25unit shall have 60 days to prepare an adequate environmental impact statement. 12.26    (i) The proposer of a specific action may include in the information submitted to the 12.27responsible governmental unit a preliminary draft environmental impact statement under 12.28this section on that action for review, modification, and determination of completeness and 12.29adequacy by the responsible governmental unit. A preliminary draft environmental impact 12.30statement prepared by the project proposer and submitted to the responsible governmental 12.31unit shall identify or include as an appendix all studies and other sources of information 12.32used to substantiate the analysis contained in the preliminary draft environmental impact 12.33statement. The responsible governmental unit shall require additional studies, if needed, 12.34and obtain from the project proposer all additional studies and information necessary for 12.35the responsible governmental unit to perform its responsibility to review, modify, and 12.36determine the completeness and adequacy of the environmental impact statement. 13.1    Sec. 4. new text begin PILOT PROGRAM FOR ALTERNATIVE FORM OF new text end 13.2 new text begin ENVIRONMENTAL REVIEW. new text end 13.3 new text begin (a) The commissioner of the Pollution Control Agency and the commissioner new text end 13.4 new text begin of natural resources may jointly conduct a pilot program for an alternative form of new text end 13.5 new text begin environmental review as specified in this section. This pilot program is in addition to the new text end 13.6 new text begin alternate forms of environmental review that are authorized under Minnesota Statutes, new text end 13.7 new text begin section 116D.04, subdivision 4a. Minnesota Rules, part 4410.3600, does not apply to the new text end 13.8 new text begin pilot program authorized in this section. new text end 13.9 new text begin (b) The commissioners may select up to three projects to be processed under the new text end 13.10 new text begin pilot program. The environmental review work for each project must commence before new text end 13.11 new text begin January 1, 2014, to remain eligible for proceeding under this program. new text end 13.12 new text begin (c) The pilot program procedures are as follows: new text end 13.13 new text begin (1) an environmental assessment worksheet is not required; new text end 13.14 new text begin (2) a scoping document must be prepared that identifies the issues to be analyzed, new text end 13.15 new text begin the alternatives to be considered, and the studies to be undertaken. The scoping new text end 13.16 new text begin document results must be published at the same time as the notice of preparation of the new text end 13.17 new text begin environmental impact statement; new text end 13.18 new text begin (3) any person may submit written comments within 20 days of publication of the new text end 13.19 new text begin notice for preparation of the environmental impact statement. The responsible government new text end 13.20 new text begin unit must consider modifying the scope of the project based on the comments; new text end 13.21 new text begin (4) the environmental impact statement must be an analytical, rather than an new text end 13.22 new text begin encyclopedic, document that describes the proposed action in detail, analyzes the new text end 13.23 new text begin action's significant environmental impacts, discusses appropriate alternatives to the new text end 13.24 new text begin proposed action and the alternatives' impacts, and explores methods by which adverse new text end 13.25 new text begin environmental impacts of an action could be mitigated. The environmental impact new text end 13.26 new text begin statement must also analyze those economic, employment, and sociological effects that new text end 13.27 new text begin cannot be avoided should the action be implemented; new text end 13.28 new text begin (5) if an impact analysis is needed for permitting, the impact analysis may be new text end 13.29 new text begin summarized for inclusion in the draft environmental impact statement rather than the full new text end 13.30 new text begin modeling and analysis being contained within the draft environmental impact statement. new text end 13.31 new text begin An impact analysis must identify the regulatory requirements, types of impact, and new text end 13.32 new text begin mitigation methods; and new text end 13.33 new text begin (6) the responsible government unit must follow the procedural notice requirements new text end 13.34 new text begin for a draft environmental impact statement, final environmental impact statement, and new text end 13.35 new text begin notice of determination of adequacy for an environmental impact statement. new text end 14.1 new text begin (d) A project proposed to be processed under the pilot program must meet all of the new text end 14.2 new text begin following criteria: new text end 14.3 new text begin (1) the project meets or exceeds the threshold of a project requiring a mandatory new text end 14.4 new text begin environmental impact statement; new text end 14.5 new text begin (2) if a combustion source is part of the project, natural gas is the only fuel; new text end 14.6 new text begin (3) the project does not have any known projected drawdown effect on private wells; new text end 14.7 new text begin (4) Class I air modeling demonstrates that the project will not cause adverse new text end 14.8 new text begin impacts; and new text end 14.9 new text begin (5) the project is subject to Code of Federal Regulations, title 40, section 52.21, and new text end 14.10 new text begin the reviews required for a PSD (prevention of significant deterioration) permit, including new text end 14.11 new text begin control technology, ambient air, and Class I area impact analysis. new text end 14.12 new text begin (e) A project may not be processed under the pilot program if the project: new text end 14.13 new text begin (1) requires a federal environmental impact statement; new text end 14.14 new text begin (2) is for mining metallic minerals by open pit or underground methods or is a new new text end 14.15 new text begin facility for processing metallic minerals mined by open pit or underground methods; new text end 14.16 new text begin (3) is for mining nonferrous metallic minerals or is a new facility for processing new text end 14.17 new text begin nonferrous metallic minerals; new text end 14.18 new text begin (4) is located in a karst area; or new text end 14.19 new text begin (5) would result in a direct discharge of process water to surface water. new text end 14.20 new text begin (f) For the selected projects, the responsible government unit must prepare the new text end 14.21 new text begin environmental impact statement according to this section. Notwithstanding Minnesota new text end 14.22 new text begin Statutes, section 116D.04, subdivision 2a, paragraph (i), the proposers of the specific new text end 14.23 new text begin project selected for the pilot program may not prepare or submit a preliminary draft new text end 14.24 new text begin environmental impact statement. new text end 14.25 new text begin (g) The proposers are subject to the assessment of reasonable costs as provided new text end 14.26 new text begin in Minnesota Statutes, section 116D.045. new text end 14.27 new text begin (h) By January 15, 2016, the commissioners shall report to the Environmental new text end 14.28 new text begin Quality Board on the outcomes of the pilot program and include any recommendations for new text end 14.29 new text begin statute or rule changes. new text end 14.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end