1.1 	A bill for an act
1.2 	relating to health; requiring health impact assessments to be conducted in certain 
1.3 	circumstances to assess the impact of proposed projects on human health; assigning 
1.4 	duties to the commissioner of health; authorizing rulemaking by the Environmental 
1.5 	Quality Board; appropriating money;amending Minnesota Statutes 2024, sections 
1.6 	116D.04, subdivision 1a; 116D.045; Minnesota Statutes 2025 Supplement, section 
1.7 	116D.04, subdivision 2a; proposing coding for new law in Minnesota Statutes, 
1.8 	chapter 116D.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2024, section 116D.04, subdivision 1a, is amended to read:
1.11 		Subd. 1a.Definitions. For the purposes of this chapter, the following terms have the 
1.12 	meanings given to them in this subdivision.
1.13 	(a) "Natural resources" has the meaning given it in section 116B.02, subdivision 4.
1.14 	(b) "Pollution, impairment, or destruction" has the meaning given it in section 116B.02, 
1.15 	subdivision 5.
1.16 	(c) "Environmental assessment worksheet" means a brief document which is designed 
1.17 	to set out the basic facts necessary to determine whether an environmental impact statement 
1.18 	is and a health impact assessment are required for a proposed action.
1.19 	(d) "Governmental action" means activities, including projects wholly or partially 
1.20 	conducted, permitted, assisted, financed, regulated, or approved by units of government 
1.21 	including the federal government.
1.22 	(e) "Governmental unit" means any state agency and any general or special purpose unit 
1.23 	of government in the state including, but not limited to, watershed districts organized under 
1.24 	chapter 103D, counties, towns, cities, port authorities, housing authorities, and economic 
2.1 	development authorities established under sections 469.090 to 469.108, but not including 
2.2 	courts, school districts, the Department of Iron Range Resources and Rehabilitation, and 
2.3 	regional development commissions other than the Metropolitan Council.
2.4 	(f) "Health effects" includes effects on physiological, nutritional, cultural, social, 
2.5 	economic, psychological, and environmental factors that influence human health.
2.6 	(g) "Health impact assessment" means a systematic, evidence-based process conducted 
2.7 	according to section 116D.055 and used before decisions are made on a proposed action to 
2.8 	identify and assess the human health effects the proposed action may have.

2.9 	Sec. 2. Minnesota Statutes 2025 Supplement, section 116D.04, subdivision 2a, is amended 
2.10 	to read:
2.11 		Subd. 2a.When prepared. (a) Where there is potential for significant environmental 
2.12 	effects resulting from any major governmental action, the action must be preceded by a 
2.13 	detailed environmental impact statement prepared by the responsible governmental unit. 
2.14 	The environmental impact statement must be an analytical rather than an encyclopedic 
2.15 	document that describes the proposed action in detail, analyzes its significant environmental 
2.16 	impacts, discusses appropriate alternatives to the proposed action and their impacts, and 
2.17 	explores methods by which adverse environmental impacts of an action could be mitigated. 
2.18 	The environmental impact statement must also analyze those economic, employment, and 
2.19 	sociological effects that cannot be avoided should the action be implemented. To ensure its 
2.20 	use in the decision-making process, the environmental impact statement must be prepared 
2.21 	as early as practical in the formulation of an action.
2.22 	(b) The board must by rule establish categories of actions for which environmental 
2.23 	impact statements and for which environmental assessment worksheets must be prepared 
2.24 	as well as categories of actions for which no environmental review is required under this 
2.25 	section. A mandatory environmental assessment worksheet is not required for the expansion 
2.26 	of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the 
2.27 	conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol 
2.28 	facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded 
2.29 	or converted facility to produce alcohol fuel, but must be required if the ethanol plant or 
2.30 	biobutanol facility meets or exceeds thresholds of other categories of actions for which 
2.31 	environmental assessment worksheets must be prepared. The responsible governmental unit 
2.32 	for an ethanol plant or biobutanol facility project for which an environmental assessment 
2.33 	worksheet is prepared is the state agency with the greatest responsibility for supervising or 
2.34 	approving the project as a whole.
3.1 	(c) A mandatory environmental impact statement is not required for a facility or plant 
3.2 	located outside the seven-county metropolitan area that produces less than 125,000,000 
3.3 	gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than 400,000 
3.4 	tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined in section 
3.5 	41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section 41A.15, 
3.6 	subdivision 2d; or a cellulosic biofuel facility. A facility or plant that only uses a cellulosic 
3.7 	feedstock to produce chemical products for use by another facility as a feedstock is not 
3.8 	considered a fuel conversion facility as used in rules adopted under this chapter.
3.9 	(d) The responsible governmental unit must promptly publish notice of the completion 
3.10 	of an environmental assessment worksheet by publishing the notice in at least one newspaper 
3.11 	of general circulation in the geographic area where the project is proposed, by posting the 
3.12 	notice on a website that has been designated as the official publication site for publication 
3.13 	of proceedings, public notices, and summaries of a political subdivision in which the project 
3.14 	is proposed, or in any other manner determined by the board and must provide copies of 
3.15 	the environmental assessment worksheet to the board and its member agencies. Comments 
3.16 	on the need for an environmental impact statement or health impact assessment may be 
3.17 	submitted to the responsible governmental unit during a 30-day period following publication 
3.18 	of the notice that an environmental assessment worksheet has been completed. The 
3.19 	responsible governmental unit may extend the 30-day comment period for an additional 30 
3.20 	days one time. Further extensions of the comment period may not be made unless approved 
3.21 	by the project's proposer. The responsible governmental unit's decision on the need for an 
3.22 	environmental impact statement and health impact assessment must be based on the 
3.23 	environmental assessment worksheet and the comments received during the comment period, 
3.24 	and must be made within 15 days after the close of the comment period. The board's chair 
3.25 	may extend the 15-day period by not more than 15 additional days upon the request of the 
3.26 	responsible governmental unit.
3.27 	(e) An environmental assessment worksheet must also be prepared for a proposed action 
3.28 	whenever material evidence accompanying a petition by not less than 100 individuals who 
3.29 	reside or own property in a Minnesota county where the proposed action will be undertaken 
3.30 	or in one or more adjoining counties, submitted before the proposed project has received 
3.31 	final approval by the appropriate governmental units, demonstrates that, because of the 
3.32 	nature or location of a proposed action, there may be potential for significant environmental 
3.33 	effects. Petitions requesting the preparation of an environmental assessment worksheet must 
3.34 	be submitted to the board. The chair of the board must determine the appropriate responsible 
3.35 	governmental unit and forward the petition to it. A decision on the need for an environmental 
4.1 	assessment worksheet must be made by the responsible governmental unit within 15 days 
4.2 	after the petition is received by the responsible governmental unit. The board's chair may 
4.3 	extend the 15-day period by not more than 15 additional days upon request of the responsible 
4.4 	governmental unit.
4.5 	(f) Except in an environmentally sensitive location where Minnesota Rules, part 
4.6 	4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental 
4.7 	review under this chapter and rules of the board, if:
4.8 	(1) the proposed action is:
4.9 	(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
4.10 	(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity 
4.11 	of less than 1,000 animal units;
4.12 	(2) the application for the animal feedlot facility includes a written commitment by the 
4.13 	proposer to design, construct, and operate the facility in full compliance with Pollution 
4.14 	Control Agency feedlot rules; and
4.15 	(3) the county board holds a public meeting for citizen input at least ten business days 
4.16 	before the Pollution Control Agency or county issuing a feedlot permit for the animal feedlot 
4.17 	facility unless another public meeting for citizen input has been held with regard to the 
4.18 	feedlot facility to be permitted. The exemption in this paragraph is in addition to other 
4.19 	exemptions provided under other law and rules of the board.
4.20 	(g) The board may, before final approval of a proposed project, require preparation of 
4.21 	an environmental assessment worksheet by a responsible governmental unit selected by the 
4.22 	board for any action where environmental review under this section has not been specifically 
4.23 	provided for by rule or otherwise initiated.
4.24 	(h) An early and open process must be used to limit the scope of the environmental 
4.25 	impact statement to a discussion of those impacts that, because of the nature or location of 
4.26 	the project, have the potential for significant environmental effects. The same process must 
4.27 	be used to determine the form, content, and level of detail of the statement as well as the 
4.28 	alternatives that are appropriate for consideration in the statement. In addition, the permits 
4.29 	that will be required for the proposed action must be identified during the scoping process. 
4.30 	Further, the process must identify those permits for which information will be developed 
4.31 	concurrently with the environmental impact statement. The board must provide in its rules 
4.32 	for the expeditious completion of the scoping process. The determinations reached in the 
5.1 	process must be incorporated into the order requiring the preparation of an environmental 
5.2 	impact statement.
5.3 	(i) The responsible governmental unit must, to the extent practicable, avoid duplication 
5.4 	and ensure coordination between state and federal environmental review and between 
5.5 	environmental review and environmental permitting. Whenever practical, information 
5.6 	needed by a governmental unit for making final decisions on permits or other actions required 
5.7 	for a proposed project must be developed in conjunction with the preparation of an 
5.8 	environmental impact statement. When an environmental impact statement is prepared for 
5.9 	a project requiring multiple permits for which two or more agencies' decision processes 
5.10 	include either mandatory or discretionary hearings before a hearing officer before the 
5.11 	agencies' decision on the permit, the agencies may, notwithstanding any law or rule to the 
5.12 	contrary, conduct the hearings in a single consolidated hearing process if requested by the 
5.13 	proposer. All agencies having jurisdiction over a permit that is included in the consolidated 
5.14 	hearing must participate. The responsible governmental unit must establish appropriate 
5.15 	procedures for the consolidated hearing process, including procedures to ensure that the 
5.16 	consolidated hearing process is consistent with the applicable requirements for each permit 
5.17 	regarding the rights and duties of parties to the hearing, and must use the earliest applicable 
5.18 	hearing procedure to initiate the hearing. All agencies having jurisdiction over a permit 
5.19 	identified in the draft environmental assessment worksheet scoping document must begin 
5.20 	reviewing any permit application upon publication of the notice of preparation of the 
5.21 	environmental impact statement.
5.22 	(j) An environmental impact statement must be prepared and its adequacy determined 
5.23 	within 280 days after notice of its preparation unless the time is extended by consent of the 
5.24 	parties or by the governor for good cause. The responsible governmental unit must determine 
5.25 	the adequacy of an environmental impact statement, unless within 60 days after notice is 
5.26 	published that an environmental impact statement will be prepared, the board chooses to 
5.27 	determine the adequacy of an environmental impact statement. If an environmental impact 
5.28 	statement is found to be inadequate, the responsible governmental unit has 60 days to prepare 
5.29 	an adequate environmental impact statement.
5.30 	(k) The proposer of a specific action may include in the information submitted to the 
5.31 	responsible governmental unit a preliminary draft environmental impact statement under 
5.32 	this section on that action for review, modification, and determination of completeness and 
5.33 	adequacy by the responsible governmental unit. A preliminary draft environmental impact 
5.34 	statement prepared by the project proposer and submitted to the responsible governmental 
5.35 	unit must identify or include as an appendix all studies and other sources of information 
6.1 	used to substantiate the analysis contained in the preliminary draft environmental impact 
6.2 	statement. The responsible governmental unit must require additional studies, if needed, 
6.3 	and obtain from the project proposer all additional studies and information necessary for 
6.4 	the responsible governmental unit to perform its responsibility to review, modify, and 
6.5 	determine the completeness and adequacy of the environmental impact statement.

6.6 	Sec. 3. Minnesota Statutes 2024, section 116D.045, is amended to read:
6.7 	116D.045 ENVIRONMENTAL IMPACT STATEMENTS AND HEALTH IMPACT 
6.8 	ASSESSMENTS; COSTS.
6.9 		Subdivision 1.Assessment. The board must by rule adopt procedures to:
6.10 	(1) assess the proposer of a specific action for the responsible governmental unit's 
6.11 	reasonable costs of preparing, reviewing, and distributing the environmental impact statement. 
6.12 	The costs must be determined by the responsible governmental unit according to the rules 
6.13 	adopted by the board; and
6.14 	(2) assess the proposer of a specific action for the reasonable costs of preparing, 
6.15 	reviewing, and distributing a health impact assessment. These rules must be adopted in 
6.16 	consultation with the commissioner of health; and
6.17 	(2) (3) authorize a responsible governmental unit to allow a proposer of a specific action 
6.18 	to prepare a draft environmental impact statement according to section 116D.04, subdivision 
6.19 	2a, paragraph (k).
6.20 		Subd. 2.Modification. In the event of a disagreement between the proposer of the action 
6.21 	and the responsible governmental unit over the cost of an environmental impact statement
6.22 	or health impact assessment, the responsible governmental unit shall consult with the board, 
6.23 	which may modify the cost or determine that the cost assessed by the responsible 
6.24 	governmental unit is reasonable.
6.25 		Subd. 3.Use of assessment. As necessary, the responsible governmental unit shall assess 
6.26 	the project proposer for reasonable costs that the responsible governmental unit or the 
6.27 	commissioner of health incurs in preparing, reviewing, and distributing the an environmental 
6.28 	impact statement and health impact assessment, and the proposer shall pay the assessed cost 
6.29 	to the responsible governmental unit. Money received under this subdivision by a responsible 
6.30 	governmental unit may be retained by the unit for the same purposes. Money received by 
6.31 	a state agency must be credited to a special account and is appropriated to the agency to 
6.32 	cover the assessed costs incurred.
7.1 		Subd. 4.Partial cost to be paid. No responsible governmental unit shall commence the 
7.2 	preparation of an environmental impact statement or health impact assessment until at least 
7.3 	one-half of the assessed cost of the environmental impact statement is paid pursuant to 
7.4 	subdivision 3. Other laws notwithstanding, no state agency may issue any permits for the 
7.5 	construction or operation of a project for which an environmental impact statement or health 
7.6 	impact assessment is prepared until the assessed cost for the environmental impact statement
7.7 	or health impact assessment has been paid in full.

7.8 	Sec. 4. [116D.055] HEALTH IMPACT ASSESSMENT.
7.9 		Subdivision 1.When required; timing. (a) This section is effective January 1, 2028. 
7.10 	An environmental assessment worksheet and an environmental analysis document used for 
7.11 	alternative environmental review must contain questions to determine whether a proposed 
7.12 	project has the potential to result in significant, cumulative human health effects. A health 
7.13 	impact assessment must be prepared:
7.14 	(1) when an environmental impact statement is prepared under section 116D.04; or
7.15 	(2) for a project in which initial analysis under section 116D.04, subdivision 2a, 4a, or 
7.16 	5a, demonstrates the potential to result in significant, cumulative human health effects.
7.17 	(b) A health impact assessment must be initiated at the time an environmental impact 
7.18 	statement or alternative review is initiated and must be completed no later than when the 
7.19 	environmental impact statement or alternative review is completed.
7.20 	(c) A health impact assessment must incorporate public engagement, traditional 
7.21 	knowledge, qualitative analysis, and quantitative analysis, and its process and analysis must 
7.22 	be coordinated with but independent of the responsible governmental unit.
7.23 		Subd. 2.Duties of commissioner of health. (a) The commissioner of health must 
7.24 	facilitate preparation of health impact assessments by:
7.25 	(1) selecting a qualified independent contractor to prepare a health impact assessment;
7.26 	(2) providing technical assistance in preparing the health impact assessment; and
7.27 	(3) providing grants to Tribal Nations and local communities that may be impacted by 
7.28 	the proposed project to support and enhance public engagement in the health impact 
7.29 	assessment process. Grants may be used for the following costs related to a health impact 
7.30 	assessment: public notices, travel, meetings, digital and online communications, and printing.
7.31 	(b) In performing these duties, the commissioner of health must consider existing health 
7.32 	disparities in Tribal Nations and local communities that may be impacted by the proposed 
8.1 	project, particularly communities in rural areas and communities with low-income, nonwhite, 
8.2 	or limited English proficiency members.
8.3 		Subd. 3.Preparation of health impact assessment. (a) A health impact assessment 
8.4 	must be prepared by a qualified independent contractor selected by the commissioner of 
8.5 	health. In preparing a health impact assessment, the contractor must consider state, federal, 
8.6 	and Tribal standards and health-based guidances and other evidence of health effects. The 
8.7 	contractor must invite representatives of affected Tribal Nations; medical professionals, 
8.8 	public health professionals, and social service providers from the area that may be impacted 
8.9 	by the proposed project; members of the public with knowledge of local culture and health 
8.10 	disparities in the area that may be impacted by the proposed project; and people with pertinent 
8.11 	academic or scientific knowledge to participate in a steering committee to guide the scope 
8.12 	and methodology of the health impact assessment.
8.13 	(b) A health impact assessment must:
8.14 	(1) be independent of and must not be influenced by the project proposer or the 
8.15 	responsible governmental unit; and
8.16 	(2) assess the cumulative health effects of the proposed project and the reasonably 
8.17 	foreseeable actions on current and future communities, including communities that are 
8.18 	downwind, airsheds, and watersheds.
8.19 	(c) Before preparing a final health impact assessment, the contractor must provide a 
8.20 	draft of the health impact assessment to Tribal Nations and local communities that may be 
8.21 	impacted by the proposed project. The contractor must accept comments on the draft health 
8.22 	impact assessment from the Tribal Nations and local communities during a comment period 
8.23 	of at least 60 days.
8.24 	(d) The contractor must make available to the public, at no cost:
8.25 	(1) all monitoring, health risk assessment, modeling, and other qualitative and quantitative 
8.26 	information related to a health impact assessment, during the health impact assessment 
8.27 	process;
8.28 	(2) all health impact assessment drafts; and
8.29 	(3) the final health impact assessment.
8.30 		Subd. 4.Costs. The responsible governmental unit must include the reasonable costs of 
8.31 	conducting a health impact assessment in the costs assessed to the project proposer according 
8.32 	to section 116D.045. Costs of the health impact assessment must include but are not limited 
8.33 	to:
9.1 	(1) reasonable costs of the qualified independent contractor selected by the commissioner 
9.2 	of health to prepare the health impact assessment. These costs must include the costs of 
9.3 	consulting with affected Tribal Nations and local communities;
9.4 	(2) reasonable costs for the commissioner of health to provide technical assistance in 
9.5 	preparing the health impact assessment; and
9.6 	(3) reasonable costs to support public engagement in the health impact assessment 
9.7 	process, including but not limited to costs for public notices, travel, meetings, digital and 
9.8 	online communications, and printing.

9.9 	Sec. 5. ENVIRONMENTAL REVIEW; RULES.
 9.10 	By January 1, 2028, the Environmental Quality Board must amend Minnesota Rules, 
9.11 	chapter 4410, to require environmental assessment worksheets and alternative forms of 
9.12 	environmental review to provide the information necessary to determine whether a project 
9.13 	has the potential for significant, cumulative health effects and requires a health impact 
9.14 	assessment under Minnesota Statutes, section 116D.055.

9.15 	Sec. 6. APPROPRIATION.
 9.16 	$....... in fiscal year 2027 is appropriated from the general fund to the commissioner of 
9.17 	health for duties under Minnesota Statutes, section 116D.055, subdivision 2, related to 
9.18 	performing health impact assessments.