SF 5109

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/10/2026 01:14 p.m.

A bill for an act
relating to health; requiring health impact assessments to be conducted in certain
circumstances to assess the impact of proposed projects on human health; assigning
duties to the commissioner of health; authorizing rulemaking by the Environmental
Quality Board; appropriating money; amending Minnesota Statutes 2024, sections
116D.04, subdivision 1a; 116D.045; Minnesota Statutes 2025 Supplement, section
116D.04, subdivision 2a; proposing coding for new law in Minnesota Statutes,
chapter 116D.

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

Section 1.

Minnesota Statutes 2024, 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
deleted text begin is deleted text end new text begin and a health impact assessment are new text end required for a proposed action.

(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, the Department of Iron Range Resources and Rehabilitation, and
regional development commissions other than the Metropolitan Council.

new text begin (f) "Health effects" includes effects on physiological, nutritional, cultural, social,
economic, psychological, and environmental factors that influence human health.
new text end

new text begin (g) "Health impact assessment" means a systematic, evidence-based process conducted
according to section 116D.055 and used before decisions are made on a proposed action to
identify and assess the human health effects the proposed action may have.
new text end

Sec. 2.

Minnesota Statutes 2025 Supplement, section 116D.04, subdivision 2a, is amended
to read:

Subd. 2a.

When prepared.

(a) Where there is potential for significant environmental
effects resulting from any major governmental action, the action must be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement must be an analytical rather than an encyclopedic
document that describes the proposed action in detail, analyzes its significant 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 must 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 must be prepared
as early as practical in the formulation of an action.

(b) The board must by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets must be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet is not required for the expansion
of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the
conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol
facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded
or converted facility to produce alcohol fuel, but must be required if the ethanol plant or
biobutanol facility meets or exceeds thresholds of other categories of actions for which
environmental assessment worksheets must be prepared. The responsible governmental unit
for an ethanol plant or biobutanol facility project for which an environmental assessment
worksheet is prepared is the state agency with the greatest responsibility for supervising or
approving the project as a whole.

(c) A mandatory environmental impact statement is not required for a facility or plant
located outside the seven-county metropolitan area that produces less than 125,000,000
gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than 400,000
tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined in section
41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section 41A.15,
subdivision 2d; or a cellulosic biofuel facility. A facility or plant that only uses a cellulosic
feedstock to produce chemical products for use by another facility as a feedstock is not
considered a fuel conversion facility as used in rules adopted under this chapter.

(d) The responsible governmental unit must promptly publish notice of the completion
of an environmental assessment worksheet by publishing the notice in at least one newspaper
of general circulation in the geographic area where the project is proposed, by posting the
notice on a website that has been designated as the official publication site for publication
of proceedings, public notices, and summaries of a political subdivision in which the project
is proposed, or in any other manner determined by the board and must provide copies of
the environmental assessment worksheet to the board and its member agencies. Comments
on the need for an environmental impact statement new text begin or health impact assessment new text end 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 may extend the 30-day comment period for an additional 30
days one time. Further extensions of the comment period may not be made unless approved
by the project's proposer. The responsible governmental unit's decision on the need for an
environmental impact statement new text begin and health impact assessment new text end must be based on the
environmental assessment worksheet and the comments received during the comment period,
and must 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.

(e) An environmental assessment worksheet must also be prepared for a proposed action
whenever material evidence accompanying a petition by not less than 100 individuals who
reside or own property in a Minnesota county where the proposed action will be undertaken
or in one or more adjoining counties, 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 environmental
effects. Petitions requesting the preparation of an environmental assessment worksheet must
be submitted to the board. The chair of the board must determine the appropriate responsible
governmental unit and forward the petition to it. A decision on the need for an environmental
assessment worksheet must 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.

(f) 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
before 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.

(g) The board may, before 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.

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

(i) The responsible governmental unit must, to the extent practicable, avoid duplication
and ensure coordination between state and federal environmental review and between
environmental review and environmental permitting. Whenever practical, information
needed by a governmental unit for making final decisions on permits or other actions required
for a proposed project must be developed in conjunction with the preparation of an
environmental impact statement. When an environmental impact statement is prepared for
a project requiring multiple permits for which two or more agencies' decision processes
include either mandatory or discretionary hearings before a hearing officer before the
agencies' decision on the permit, the agencies may, notwithstanding any law or rule to the
contrary, conduct the hearings in a single consolidated hearing process if requested by the
proposer. All agencies having jurisdiction over a permit that is included in the consolidated
hearing must participate. The responsible governmental unit must establish appropriate
procedures for the consolidated hearing process, including procedures to ensure that the
consolidated hearing process is consistent with the applicable requirements for each permit
regarding the rights and duties of parties to the hearing, and must use the earliest applicable
hearing procedure to initiate the hearing. All agencies having jurisdiction over a permit
identified in the draft environmental assessment worksheet scoping document must begin
reviewing any permit application upon publication of the notice of preparation of the
environmental impact statement.

(j) An environmental impact statement must 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 must 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 has 60 days to prepare
an adequate environmental impact statement.

(k) The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit must identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit must require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.

Sec. 3.

Minnesota Statutes 2024, section 116D.045, is amended to read:

116D.045 ENVIRONMENTAL IMPACT STATEMENTS new text begin AND HEALTH IMPACT
ASSESSMENTS new text end ; COSTS.

Subdivision 1.

Assessment.

The board must by rule adopt procedures to:

(1) assess the proposer of a specific action for the responsible governmental unit's
reasonable costs of preparing, reviewing, and distributing the environmental impact statement.
The costs must be determined by the responsible governmental unit according to the rules
adopted by the board; deleted text begin and
deleted text end

new text begin (2) assess the proposer of a specific action for the reasonable costs of preparing,
reviewing, and distributing a health impact assessment. These rules must be adopted in
consultation with the commissioner of health; and
new text end

deleted text begin (2) deleted text end new text begin (3) new text end authorize a responsible governmental unit to allow a proposer of a specific action
to prepare a draft environmental impact statement according to section 116D.04, subdivision
2a, paragraph (k).

Subd. 2.

Modification.

In the event of a disagreement between the proposer of the action
and the responsible governmental unit over the cost of an environmental impact statement new text begin
or health impact assessment new text end , the responsible governmental unit shall consult with the board,
which may modify the cost or determine that the cost assessed by the responsible
governmental unit is reasonable.

Subd. 3.

Use of assessment.

As necessary, the responsible governmental unit shall assess
the project proposer for reasonable costs that the responsible governmental unit new text begin or the
commissioner of health new text end incurs in preparing, reviewing, and distributing deleted text begin the deleted text end new text begin an new text end environmental
impact statement new text begin and health impact assessment, new text end and the proposer shall pay the assessed cost
to the responsible governmental unit. Money received under this subdivision by a responsible
governmental unit may be retained by the unit for the same purposes. Money received by
a state agency must be credited to a special account and is appropriated to the agency to
cover the assessed costs incurred.

Subd. 4.

Partial cost to be paid.

No responsible governmental unit shall commence the
preparation of an environmental impact statement new text begin or health impact assessment new text end until at least
one-half of the assessed cost of the environmental impact statement is paid pursuant to
subdivision 3. Other laws notwithstanding, no state agency may issue any permits for the
construction or operation of a project for which an environmental impact statement new text begin or health
impact assessment new text end is prepared until the assessed cost for the environmental impact statement new text begin
or health impact assessment new text end has been paid in full.

Sec. 4.

new text begin [116D.055] HEALTH IMPACT ASSESSMENT.
new text end

new text begin Subdivision 1. new text end

new text begin When required; timing. new text end

new text begin (a) This section is effective January 1, 2028.
An environmental assessment worksheet and an environmental analysis document used for
alternative environmental review must contain questions to determine whether a proposed
project has the potential to result in significant, cumulative human health effects. A health
impact assessment must be prepared:
new text end

new text begin (1) when an environmental impact statement is prepared under section 116D.04; or
new text end

new text begin (2) for a project in which initial analysis under section 116D.04, subdivision 2a, 4a, or
5a, demonstrates the potential to result in significant, cumulative human health effects.
new text end

new text begin (b) A health impact assessment must be initiated at the time an environmental impact
statement or alternative review is initiated and must be completed no later than when the
environmental impact statement or alternative review is completed.
new text end

new text begin (c) A health impact assessment must incorporate public engagement, traditional
knowledge, qualitative analysis, and quantitative analysis, and its process and analysis must
be coordinated with but independent of the responsible governmental unit.
new text end

new text begin Subd. 2. new text end

new text begin Duties of commissioner of health. new text end

new text begin (a) The commissioner of health must
facilitate preparation of health impact assessments by:
new text end

new text begin (1) selecting a qualified independent contractor to prepare a health impact assessment;
new text end

new text begin (2) providing technical assistance in preparing the health impact assessment; and
new text end

new text begin (3) providing grants to Tribal Nations and local communities that may be impacted by
the proposed project to support and enhance public engagement in the health impact
assessment process. Grants may be used for the following costs related to a health impact
assessment: public notices, travel, meetings, digital and online communications, and printing.
new text end

new text begin (b) In performing these duties, the commissioner of health must consider existing health
disparities in Tribal Nations and local communities that may be impacted by the proposed
project, particularly communities in rural areas and communities with low-income, nonwhite,
or limited English proficiency members.
new text end

new text begin Subd. 3. new text end

new text begin Preparation of health impact assessment. new text end

new text begin (a) A health impact assessment
must be prepared by a qualified independent contractor selected by the commissioner of
health. In preparing a health impact assessment, the contractor must consider state, federal,
and Tribal standards and health-based guidances and other evidence of health effects. The
contractor must invite representatives of affected Tribal Nations; medical professionals,
public health professionals, and social service providers from the area that may be impacted
by the proposed project; members of the public with knowledge of local culture and health
disparities in the area that may be impacted by the proposed project; and people with pertinent
academic or scientific knowledge to participate in a steering committee to guide the scope
and methodology of the health impact assessment.
new text end

new text begin (b) A health impact assessment must:
new text end

new text begin (1) be independent of and must not be influenced by the project proposer or the
responsible governmental unit; and
new text end

new text begin (2) assess the cumulative health effects of the proposed project and the reasonably
foreseeable actions on current and future communities, including communities that are
downwind, airsheds, and watersheds.
new text end

new text begin (c) Before preparing a final health impact assessment, the contractor must provide a
draft of the health impact assessment to Tribal Nations and local communities that may be
impacted by the proposed project. The contractor must accept comments on the draft health
impact assessment from the Tribal Nations and local communities during a comment period
of at least 60 days.
new text end

new text begin (d) The contractor must make available to the public, at no cost:
new text end

new text begin (1) all monitoring, health risk assessment, modeling, and other qualitative and quantitative
information related to a health impact assessment, during the health impact assessment
process;
new text end

new text begin (2) all health impact assessment drafts; and
new text end

new text begin (3) the final health impact assessment.
new text end

new text begin Subd. 4. new text end

new text begin Costs. new text end

new text begin The responsible governmental unit must include the reasonable costs of
conducting a health impact assessment in the costs assessed to the project proposer according
to section 116D.045. Costs of the health impact assessment must include but are not limited
to:
new text end

new text begin (1) reasonable costs of the qualified independent contractor selected by the commissioner
of health to prepare the health impact assessment. These costs must include the costs of
consulting with affected Tribal Nations and local communities;
new text end

new text begin (2) reasonable costs for the commissioner of health to provide technical assistance in
preparing the health impact assessment; and
new text end

new text begin (3) reasonable costs to support public engagement in the health impact assessment
process, including but not limited to costs for public notices, travel, meetings, digital and
online communications, and printing.
new text end

Sec. 5. new text begin ENVIRONMENTAL REVIEW; RULES.
new text end

new text begin By January 1, 2028, the Environmental Quality Board must amend Minnesota Rules,
chapter 4410, to require environmental assessment worksheets and alternative forms of
environmental review to provide the information necessary to determine whether a project
has the potential for significant, cumulative health effects and requires a health impact
assessment under Minnesota Statutes, section 116D.055.
new text end

Sec. 6. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2027 is appropriated from the general fund to the commissioner of
health for duties under Minnesota Statutes, section 116D.055, subdivision 2, related to
performing health impact assessments.
new text end