Office of the Revisor of Statutes
SF 3216
Introduction - 94th Legislature (2025 - 2026)
Posted on 04/03/2025 09:25 a.m.
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A bill for an act
relating to environment; facilitating approval of site-specific modifications to
sulfate water quality standards during pendency of related rulemaking; providing
for storage of reactive mine waste; providing for additional unemployment
insurance benefits; proposing coding for new law in Minnesota Statutes, chapters
93; 115; repealing Minnesota Rules, part 6132.2200.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
UNEMPLOYMENT INSURANCE
Section 1. new text begin IRON ORE MINING ADDITIONAL UNEMPLOYMENT BENEFITS
PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Availability of additional benefits. new text end
new text begin
Additional unemployment benefits
are available from the Minnesota unemployment insurance trust fund to an applicant who
was laid off due to lack of work between March 15, 2025, and June 15, 2025, from:
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(1) an employer in the iron ore mining industry that laid off 50 percent or more of the
employer's workforce between March 15, 2025, and June 15, 2025; or
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(2) an employer that is in the explosive manufacturing industry and providing goods or
services to an employer in the iron ore mining industry, if the applicant was laid off due to
the cessation or substantial reduction in operations of an employer in the iron ore mining
industry as described in clause (1).
new text end
new text begin Subd. 2. new text end
new text begin Eligibility requirements. new text end
new text begin
An applicant is eligible to receive additional
unemployment benefits under this section for any week through the week ending June 19,
2026, if:
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(1) the applicant established a benefit account under Minnesota Statutes, section 268.07,
with 50 percent or greater of the wage credits from an employer as described in subdivision
1, and has exhausted the maximum amount of regular unemployment benefits available on
that benefit account; and
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(2) the applicant meets the same requirements that an applicant for regular unemployment
benefits must meet under Minnesota Statutes, section 268.069, subdivision 1.
new text end
new text begin Subd. 3. new text end
new text begin Weekly and maximum amount of additional unemployment benefits. new text end
new text begin
(a)
The weekly benefit amount of additional unemployment benefits is the same as the weekly
benefit amount of regular unemployment benefits on the benefit account established in
subdivision 2, clause (1).
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new text begin
(b) The maximum amount of additional unemployment benefits available to an applicant
under this section is an amount equal to 26 weeks of payment at the applicant's weekly
additional unemployment benefit amount.
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new text begin
(c) If an applicant qualifies for a new regular benefit account that meets the requirements
of subdivision 4, paragraph (b), before the applicant has been paid additional unemployment
benefits, and the new regular benefit account meets the requirements of subdivision 2, clause
(1), the applicant's weekly additional unemployment benefit amount is equal to the weekly
unemployment benefit amount on the applicant's new regular benefit account.
new text end
new text begin Subd. 4. new text end
new text begin Qualifying for a new regular benefit account. new text end
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(a) If, after exhausting the
maximum amount of regular unemployment benefits available as a result of the layoff under
subdivision 1, an applicant qualifies for the new regular benefit account under Minnesota
Statutes, section 268.07, the applicant must apply for and establish the new regular benefit
account.
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new text begin
(b) If the applicant's weekly benefit amount under the new regular benefit account is
equal to or higher than the applicant's weekly additional unemployment benefit amount, the
applicant must request unemployment benefits under the new regular benefit account. An
applicant is ineligible for additional unemployment benefits under this section until the
applicant has exhausted the maximum amount of unemployment benefits available on the
new regular benefit account.
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new text begin
(c) If the applicant's weekly unemployment benefit amount on the new regular benefit
account is less than the applicant's weekly benefit amount of additional unemployment
benefits, the applicant must request additional unemployment benefits. An applicant is
ineligible for new regular unemployment benefits until the applicant has exhausted the
maximum amount of additional unemployment benefits available under this section.
new text end
new text begin Subd. 5. new text end
new text begin Charging of benefits. new text end
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Additional unemployment benefits paid under this section
may not be used to compute the future unemployment tax rate of a taxpaying employer and
may not be charged to the reimbursing account of government or nonprofit employers. This
exception does not apply to an employer described in subdivision 1, clause (1).
new text end
new text begin Subd. 6. new text end
new text begin Eligibility for federal Trade Readjustment Allowance benefits. new text end
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An applicant
who has applied and been determined eligible for federal Trade Readjustment Allowance
benefits is not eligible for additional unemployment benefits under this section.
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new text begin EFFECTIVE DATE. new text end
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This section is effective retroactively from March 15, 2025.
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ARTICLE 2
OTHER POLICY
Section 1.
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[93.5141] SAFE STORAGE OF REACTIVE MINE WASTE.
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new text begin Subdivision 1. new text end
new text begin Goals. new text end
new text begin
Reactive mine waste must be mined, disposed of, and reclaimed
to prevent the release of substances that result in adverse impacts on natural resources by
meeting the applicable water quality standards.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
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(a) For purposes of this section, the following terms have the
meanings given.
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(b) "Applicable water quality standards" means the federal, state, local, or Tribal water
quality standards that directly govern the water into which a discharge occurs.
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(c) "Reactive mine waste" means waste that is shown through characterization studies
or other means to cause a sustained net decrease in pH of at least 0.5 standard pH units in
contact water due to a chemical interaction between sulfur-bearing minerals and oxygen.
new text end
new text begin Subd. 3. new text end
new text begin Requirements. new text end
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A nonferrous metallic minerals mining operation must meet
the following requirements:
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(1) chemical and physical characterization of mine waste must be conducted before an
application for a permit to mine is submitted and continuously during the process of mining,
according to Minnesota Rules, part 6132.1000; and
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(2) to comply with applicable water quality standards during construction and at closure,
a reactive mine waste storage facility must be designed by professional engineers who are
registered in Minnesota and proficient in the design, construction, operation, and reclamation
of facilities for storing reactive mine waste. The design may include but is not limited to:
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(i) modifying the physical or chemical characteristics of the mine waste or storing it in
an environment where the discharge meets applicable water quality standards; or
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(ii) during construction to the extent practicable and at closure, providing for collecting
and disposing of waters that drain from the mine waste in compliance with applicable water
quality standards.
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Sec. 2.
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[115.446] SITE-SPECIFIC WATER QUALITY STANDARDS FOR
SULFATE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
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(b) "2017 statement of need and reasonableness" means the Pollution Control Agency's
statement of need and reasonableness, Amendment of the sulfate water quality standard
applicable to wild rice and identification of wild rice waters, Minnesota Rules, chapters
7050 and 7053 (July 2017).
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(c) "Affected permittee" means a holder of or applicant for a national pollutant discharge
elimination system (NPDES) permit or state disposal system (SDS) permit from the Pollution
Control Agency who discharges or proposes to discharge sulfate to a covered water that is
the subject of a pending application for a site-specific sulfate standard.
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(d) "Commissioner" means the commissioner of the Pollution Control Agency.
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(e) "Covered water" means waters of the state:
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(1) included in the 2017 statement of need and reasonableness, Attachment 2, compiled
list of proposed wild rice waters; or
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(2) identified as a wild rice water ([WR]) in Minnesota Rules, part 7050.0470, subpart
1.
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(f) "Site-specific sulfate standard" means a site-specific modification, according to
Minnesota Rules, part 7050.0220, subpart 7, of the 10 mg/L class 4A water quality standard
for sulfates (SO4) under Minnesota Rules, part 7050.0224, subpart 2.
new text end
new text begin Subd. 2. new text end
new text begin Application completeness. new text end
new text begin
Upon receiving an application for a site-specific
sulfate standard for a covered water, the commissioner must deem the application complete
if the application includes:
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(1) sufficient background information, including:
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(i) details sufficient to identify the waters of the state or portion thereof for which a
site-specific sulfate standard is sought, including the water identification number used by
the commissioner for the covered water, the covered water's commonly used name, and the
covered water's township, range, and section description;
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(ii) the name, address, and telephone number of the person who prepared the application;
and
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(iii) a topographic map, or other map if a topographic map is unavailable, that shows
the covered water and the area surrounding the covered water for a distance of at least one
mile in all directions of the covered water;
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(2) a proposed site-specific sulfate standard for the covered water calculated on the basis
of reliable site-specific data using either:
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(i) the equation proposed by the commissioner in the 2017 statement of need and
reasonableness as Minnesota Rules, part 7050.0224, subpart 5, item B, subitem (1); or
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(ii) the alternate approach proposed in the 2017 statement of need and reasonableness
as Minnesota Rules, part 7050.0224, subpart 5, item B, subitem (2); and
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(3) monitoring data for the covered water that:
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(i) includes, for three of the last five calendar years preceding the application date:
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(A) semiannual water quality sampling results for average sulfate concentration and
average water depth in the covered water; and
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(B) annual wild rice surveys that include data regarding the stand area, stalk density,
and stem height of any naturally occurring wild rice in the covered water; and
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(ii) demonstrates that the presence of wild rice when average sulfate concentrations in
the covered water are at or below the proposed site-specific sulfate standard is not diminished
from documented, historical wild rice presence. Any evaluation of naturally occurring wild
rice in the covered water may account for external factors that influence wild rice growth,
including but not limited to water depth, invasive species, wildlife predation, and weather
events. If current sulfate levels are below the proposed site-specific sulfate standard, the
permittee must agree to continue periodic monitoring of wild rice abundance.
new text end
new text begin Subd. 3. new text end
new text begin Treatment of affected permittees. new text end
new text begin
(a) Upon receipt of a complete application
for a site-specific sulfate standard, the commissioner, to the extent allowable under federal
law, must:
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(1) not deny the application unless and until the commissioner has completed the
rulemaking described in Laws 2015, First Special Session chapter 4, article 4, section 136,
paragraph (a); and
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(2) exercise the commissioner's authority under federal and state laws and regulations
to ensure, to the fullest extent possible, that no affected permittee is required to expend
money to design and implement sulfate treatment technologies with respect to discharges
to the covered water addressed in the application.
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(b) Nothing in this section prevents the commissioner from including in a schedule of
compliance for any affected permittee a requirement:
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(1) to monitor sulfate concentrations in discharges to the covered water addressed in the
application; and
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(2) if sulfate concentrations in discharges exceed the limit established by the site-specific
sulfate standard, to implement a sulfate minimization plan to avoid or minimize sulfate
concentrations during periods when wild rice in the covered water may be susceptible to
damage.
new text end
new text begin Subd. 4. new text end
new text begin Timeline for commissioner determination. new text end
new text begin
The commissioner must make a
final determination on an application for a site-specific sulfate standard by the later of:
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(1) 150 days after the commissioner receives a complete application for a site-specific
sulfate standard; or
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(2) 150 days after publication in the State Register of the notice of adoption for the rule
described in Laws 2015, First Special Session chapter 4, article 4, section 136, paragraph
(a).
new text end
new text begin Subd. 5. new text end
new text begin Completing rulemaking. new text end
new text begin
(a) By January 15, 2027, the commissioner must
complete the rulemaking described in Laws 2015, First Special Session chapter 4, article
4, section 136, paragraph (a), according to the rulemaking procedures under chapter 14.
new text end
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(b) Unless and until the commissioner completes the rulemaking described in paragraph
(a), the commissioner must not deem any waters of the state to be designated as "water used
for the production of wild rice" under Minnesota Rules, part 7050.0224, subpart 2, on the
basis of natural beds of wild rice.
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Sec. 3. new text begin REPEALER.
new text end
new text begin
Minnesota Rules, part 6132.2200,
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is repealed.
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APPENDIX
Repealed Minnesota Rule: 25-05282
6132.2200 REACTIVE MINE WASTE.
Subpart 1.
Goals.
Reactive mine waste shall be mined, disposed of, and reclaimed to prevent the release of substances that result in the adverse impacts on natural resources.
Subp. 2.
Requirements.
A mining operation must meet the requirements in items A to D.
A.
Chemical and physical characterization of mine waste must be conducted before the submission of an application for a permit to mine and continuously after that during the process of mining under part 6132.1000.
B.
A reactive mine waste storage facility must be designed by professional engineers registered in Minnesota proficient in the design, construction, operation, and reclamation of facilities for the storage of reactive mine waste, to either:
(1)
modify the physical or chemical characteristics of the mine waste, or store it in an environment, such that the waste is no longer reactive; or
(2)
during construction to the extent practicable, and at closure, permanently prevent substantially all water from moving through or over the mine waste and provide for the collection and disposal of any remaining residual waters that drain from the mine waste in compliance with federal and state standards.
C.
The reactive mine waste storage facility design shall:
(1)
describe all materials, construction, and operating performance specifications and limitations that must be maintained to ensure protection of natural resources;
(3)
include a schedule for inspection of the reactive mine waste storage facility construction, operation, and reclamation including closure and postclosure maintenance, by the design engineers, to ensure compliance with the design. In the event the design engineers become unable to perform the inspections, the engineers shall be replaced by persons who meet the qualifications of part 6132.2200, subpart 2, item B, and that can demonstrate an understanding of the design and an ability to perform the necessary inspections.