HF 1197

as introduced - 94th Legislature (2025 - 2026) Posted on 02/19/2025 11:14am

A bill for an act
relating to mining; prohibiting environmental review and the issuance of nonferrous
sulfide ore mining permits, licenses, or leases to bad actors; proposing coding for
new law in Minnesota Statutes, chapter 93.

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

Section 1.

new text begin [93.005] NONFERROUS SULFIDE ORE ENVIRONMENTAL REVIEW,
PERMITS, LICENSES, AND LEASES; BAD ACTORS.
new text end

new text begin Subdivision 1. new text end

new text begin Disclosure statement. new text end

new text begin (a) A person subject to environmental review
relating to a proposed nonferrous sulfide ore project or a person submitting an application
to obtain, renew, assign, modify, amend, or transfer a permit, license, or lease needed to
mine nonferrous sulfide ore under this chapter or other chapters administered by the
commissioner or the commissioner of the Minnesota Pollution Control Agency must submit
a disclosure statement according to paragraph (b) to the commissioner or the commissioner
of the Minnesota Pollution Control Agency, as applicable, before beginning to prepare the
environmental assessment worksheet, environmental impact statement, or environmental
review or when the application is submitted.
new text end

new text begin (b) A disclosure statement must include:
new text end

new text begin (1) in the case of an individual, the full name and business address of the individual;
new text end

new text begin (2) in the case of a business:
new text end

new text begin (i) the full name and business address of any officers, directors, partners, or key
employees of the business;
new text end

new text begin (ii) the full name and business address of all individuals or entities holding equity in or
debt liability of the business or, if the business is a publicly traded corporation, all individuals
or entities holding more than five percent of the equity in or debt liability of the business;
and
new text end

new text begin (iii) the full name and business address of any parent, subsidiary, or affiliate of the
business;
new text end

new text begin (3) the full name and business address of all officers, directors, or partners of any business
disclosed in the statement and the names and addresses of all individuals or entities holding
equity in or debt liability of any disclosed business or, if the business is a publicly traded
corporation, all individuals or entities holding more than five percent of the equity in or
debt liability of the business;
new text end

new text begin (4) a listing and explanation of any charge, indictment, conviction, or settlement for
violating a state, federal, Tribal, or foreign environmental or natural resources law or
regulation related to mining against a person identified under clauses (1) to (3) in the 15
years immediately preceding submission of the disclosure statement;
new text end

new text begin (5) a listing and explanation of any consent decree, consent agreement and final order,
stipulated penalty, administrative order on consent, or nonmonetary sanctions in connection
with a civil administrative action or civil judicial action for violating an environmental or
natural resources law or regulation against a person identified under clauses (1) to (3) in
the 15 years immediately preceding submission of the disclosure statement;
new text end

new text begin (6) a listing and explanation of any charge, indictment, conviction, or settlement for
violating a state, federal, Tribal, or foreign law against bribery or corruption, including but
not limited to the federal Foreign Corrupt Practices Act, against a person identified under
clauses (1) to (3) in the 15 years immediately preceding submission of the disclosure
statement;
new text end

new text begin (7) a listing and explanation of any civil or administrative sanctions or fines for
noncompliance with environmental laws and regulations, Occupational Safety and Health
Administration laws or regulations, or the federal Foreign Corrupt Practices Act levied
against a person identified under clauses (1) to (3) in the 15 years immediately preceding
submission of the disclosure statement, including the amount of each sanction or fine; and
new text end

new text begin (8) any other information the commissioner and the commissioner of the Minnesota
Pollution Control Agency may require that relates to the competency, reliability, or good
character of the applicant.
new text end

new text begin (c) If any information required to be included in a disclosure statement changes after an
applicant submits a disclosure statement or if the commissioner or the commissioner of the
Minnesota Pollution Control Agency requires additional information after an applicant
submits a disclosure statement, the applicant must provide the information to the
commissioner or the commissioner of the Minnesota Pollution Control Agency in writing
no later than 30 days after the change or request for additional information.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited actions. new text end

new text begin (a) To protect the public health and safety and the
environment of the state, the commissioner and the commissioner of the Minnesota Pollution
Control Agency are prohibited from conducting environmental review relating to proposed
nonferrous sulfide ore projects and must not issue, renew, assign, approve, modify, amend,
or transfer a permit, license, or lease to mine nonferrous sulfide ore under this chapter or
other chapters administered by the commissioner or the commissioner of the Minnesota
Pollution Control Agency to an applicant that:
new text end

new text begin (1) in the last 15 years has been, or whose employees have been, charged, indicted, or
convicted of violating a state, federal, Tribal, or foreign environmental or natural resources
law or regulation;
new text end

new text begin (2) is party to or the subject of a consent decree, consent agreement and final order,
stipulated penalty, administrative order on consent, or nonmonetary sanctions entered in
the last 15 years in connection with a civil administrative action or civil judicial action for
violating an environmental or natural resources law or regulation;
new text end

new text begin (3) in the last 15 years, has been charged, indicted, or convicted of violating a state,
federal, Tribal, or foreign law against bribery or corruption, including but not limited to the
federal Foreign Corrupt Practices Act;
new text end

new text begin (4) in the last 15 years, has been caused to pay civil or administrative sanctions or fines
for noncompliance with state, federal, Tribal, or foreign environmental or natural resources
laws or regulations in excess of, collectively, $1,000,000;
new text end

new text begin (5) in the last 15 years, has entered into a settlement resolving claims of violating a state,
federal, Tribal, or foreign environmental or natural resources law or regulation or law against
bribery or corruption, including but not limited to the federal Foreign Corrupt Practices Act;
new text end

new text begin (6) in the last 15 years, has been caused to pay civil or administrative sanctions or fines
or has otherwise been found civilly liable for willful or repeated violations of state, federal,
Tribal, or foreign laws or regulations relating to occupational safety and health;
new text end

new text begin (7) is found by the commissioner or the commissioner of the Minnesota Pollution Control
Agency to be a subsidiary or affiliate of a business described under clauses (1) to (6);
new text end

new text begin (8) is found by the commissioner or the commissioner of the Minnesota Pollution Control
Agency to have common ownership with a business described under clauses (1) to (6);
new text end

new text begin (9) is found by the commissioner or the commissioner of the Minnesota Pollution Control
Agency to hold, or previously to have held, a beneficial business interest amounting to more
than five percent of the equity in or debt liability in a business that:
new text end

new text begin (i) is required to be listed on the applicant's disclosure statement under subdivision 1;
and
new text end

new text begin (ii) is a person described under clauses (1) to (6); or
new text end

new text begin (10) is found by the commissioner or the commissioner of the Minnesota Pollution
Control Agency to employ as an officer or director a person who is described under clauses
(1) to (6).
new text end

new text begin (b) The commissioner or the commissioner of the Minnesota Pollution Control Agency
must, within six months of a person submitting a disclosure statement under subdivision 1,
determine whether the commissioner is prohibited from conducting environmental review
or from issuing, renewing, assigning, approving, modifying, amending, or transferring a
permit, license, or lease under paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Other law. new text end

new text begin This section must be complied with notwithstanding any provision
of law that limits the time within which the commissioner or the commissioner of the
Minnesota Pollution Control Agency must act or that deems nonaction by a certain date as
constituting final action for purposes of commencing judicial review proceedings.
new text end

new text begin Subd. 4. new text end

new text begin Failure to disclose. new text end

new text begin The commissioner and the commissioner of the Minnesota
Pollution Control Agency are prohibited from conducting environmental review relating to
a proposed nonferrous sulfide ore project and must not issue, renew, assign, approve, modify,
amend, or transfer a permit, license, or lease needed to mine nonferrous sulfide ore under
this chapter or other chapters administered by the commissioner or the commissioner of the
Minnesota Pollution Control Agency subject to subdivision 2, paragraph (a), if a person
fails to disclose or falsely states any information required under subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to proposed nonferrous sulfide ore projects that have begun, but not completed,
environmental review on or before that date and to permits granted, renewed, modified, or
amended on or after that date.
new text end