HF 949

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to the environment; requiring, as part of the 
  1.3             environmental review of proposed projects and 
  1.4             activities, an analysis of the effect of the projects 
  1.5             or activities on total carbon dioxide emissions in the 
  1.6             state in order to minimize the burden on existing 
  1.7             industry to reduce carbon dioxide emissions; proposing 
  1.8             coding for new law in Minnesota Statutes, chapter 116D.
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [116D.065] [CARBON DIOXIDE EMISSIONS.] 
  1.11     Subdivision 1.  [FINDINGS.] The legislature finds that: 
  1.12     (1) there is a federal goal of reducing carbon dioxide 
  1.13  emissions to 1990 levels; 
  1.14     (2) in January 1991, the pollution control agency, in its 
  1.15  report "Carbon Dioxide Emissions in Minnesota," quantified and 
  1.16  established the total carbon dioxide emission levels for the 
  1.17  state that will be used in the future as benchmarks for 
  1.18  stabilizing and reducing emissions; 
  1.19     (3) the state wants to protect both emerging and existing 
  1.20  industries; 
  1.21     (4) if the state constructs or permits projects or 
  1.22  activities that will lead to further carbon dioxide emissions, 
  1.23  the state may find it necessary to require industries that emit 
  1.24  carbon dioxide in the state to significantly reduce their 
  1.25  emissions; 
  1.26     (5) the need for new projects and activities that will 
  1.27  increase carbon dioxide emissions must be weighed against the 
  2.1   interest of industries and their ability to reduce their 
  2.2   emissions so that the burden on industry to stabilize and reduce 
  2.3   emissions is minimized; and 
  2.4      (6) all proposals for new or increased sources of carbon 
  2.5   dioxide emissions should be scrutinized to develop alternatives 
  2.6   that produce the least carbon dioxide emissions reasonably 
  2.7   feasible. 
  2.8      Subd. 2.  [ENVIRONMENTAL REVIEW.] As part of an 
  2.9   environmental review of a public project undertaken under this 
  2.10  chapter or under federal law, the public entity undertaking the 
  2.11  review shall: 
  2.12     (1) quantify the potential for increased carbon dioxide 
  2.13  emissions associated with the project or activity being reviewed 
  2.14  and all alternatives to the proposed project or activity; 
  2.15     (2) determine how the project or activity and each 
  2.16  alternative to the project or activity will affect the ability 
  2.17  of the state as a whole to meet the goal of stabilizing carbon 
  2.18  dioxide emissions at 1990 levels; and 
  2.19     (3) determine whether implementation of the project or 
  2.20  activity will place an additional burden on existing industrial 
  2.21  sources of carbon dioxide emissions to further reduce emissions 
  2.22  and the costs to industry to further reduce those emissions to 
  2.23  achieve the goal of stabilizing emissions at 1990 levels. 
  2.24     Sec. 2.  [EFFECTIVE DATE.] 
  2.25     Section 1 is effective the day following final enactment 
  2.26  and applies to an environmental review pending on or undertaken 
  2.27  on or after that date.