HF 2170

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/11/2021 02:47pm

A bill for an act
relating to environment; modifying cumulative impact analysis requirements;
requiring permits for certain demolitions; amending Minnesota Statutes 2020,
section 116.07, subdivision 4a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 116.07, subdivision 4a, is amended to read:

Subd. 4a.

Permits.

(a) The Pollution Control Agency may issue, continue in effect or
deny permits, under such conditions as it may prescribe for the prevention of pollution, for
the emission of air contaminants, or for the installation or operation of any emission facility,
air contaminant treatment facility, treatment facility, potential air contaminant storage
facility, or storage facility, or any part thereof, or for the sources or emissions of noise
pollution.

(b) The Pollution Control Agency may also issue, continue in effect or deny permits,
under such conditions as it may prescribe for the prevention of pollution, for the storage,
collection, transportation, processing, or disposal of waste, or for the installation or operation
of any system or facility, or any part thereof, related to the storage, collection, transportation,
processing, or disposal of waste.

deleted text begin (c) The agency may not issue a permit to a facility without analyzing and considering
the cumulative levels and effects of past and current environmental pollution from all sources
on the environment and residents of the geographic area within which the facility's emissions
are likely to be deposited, provided that the facility is located in a community in a city of
the first class in Hennepin County that meets all of the following conditions:
deleted text end

deleted text begin (1) is within a half mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination;
deleted text end

deleted text begin (2) a majority of the population are low-income persons of color and American Indians;
deleted text end

deleted text begin (3) a disproportionate percent of the children have childhood lead poisoning, asthma,
or other environmentally related health problems;
deleted text end

deleted text begin (4) is located in a city that has experienced numerous air quality alert days of dangerous
air quality for sensitive populations between February 2007 and February 2008; and
deleted text end

deleted text begin (5) is located near the junctions of several heavily trafficked state and county highways
and two one-way streets which carry both truck and auto traffic.
deleted text end

deleted text begin (d) deleted text end new text begin (c) new text end The Pollution Control Agency may revoke or modify any permit issued under
this subdivision and section 116.081 whenever it is necessary, in the opinion of the agency,
to prevent or abate pollution.

deleted text begin (e) deleted text end new text begin (d) new text end The Pollution Control Agency has the authority for approval over the siting,
expansion, or operation of a solid waste facility with regard to environmental issues.
However, the agency's issuance of a permit does not release the permittee from any liability,
penalty, or duty imposed by any applicable county ordinances. Nothing in this chapter
precludes, or shall be construed to preclude, a county from enforcing land use controls,
regulations, and ordinances existing at the time of the permit application and adopted
pursuant to sections 366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365, with regard
to the siting, expansion, or operation of a solid waste facility.

deleted text begin (f) deleted text end new text begin (e) new text end Except as prohibited by federal law new text begin or section 116.07, subdivision 41, paragraph
(c) new text end , a person may commence construction, reconstruction, replacement, or modification of
any facility prior to the issuance of a construction permit by the agency.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 4l. new text end

new text begin Cumulative impact analysis. new text end

new text begin (a) Before issuing an air emissions permit for
a facility or project that is likely to deposit emissions within a highly impacted area, the
commissioner must prepare an analysis and consider the cumulative levels and effects of
past and current environmental pollution from all sources on the environment and residents.
new text end

new text begin (b) When an air permit is not required, the commissioner must prepare an analysis of
the cumulative levels and effects of environmental pollution resulting from a project upon
receipt of a petition under this paragraph. The petition must be signed by at least 200
individuals who reside or own property in the highly impacted area and must be submitted
to the commissioner before the proposed project has received final approval by the
appropriate political subdivision. The petition must raise concerns that the project will
significantly increase pollution in a highly impacted area. Within 30 days, the commissioner
must respond to the petition by providing a timeline for completing the analysis. When
completing the analysis, the commissioner must consider the cumulative levels of pollution
from all sources to which residents of the highly impacted area have been exposed in the
past and to which they continue to be exposed. The commissioner must consider the
principles of environmental justice as identified in the Pollution Control Agency's
"Incorporating Environmental Justice Principles and Practices into Minnesota Pollution
Control Agency Operations" policy dated April 30, 2008. The commissioner may require
any permit or approval issued by a political subdivision authorizing the project to contain
provisions that prevent environmental impacts that violate those principles of environmental
justice. A political subdivision may not issue final approval for a project when a petition
has been submitted under this section until the cumulative impact analysis has been
completed.
new text end

new text begin (c) A person must obtain a permit from the commissioner before demolishing a structure
of ..... or more square feet within a highly impacted area. Before issuing the permit, the
commissioner must prepare an analysis of the cumulative levels and effects of environmental
pollution resulting from the demolition and any planned redevelopment of the site. When
completing the analysis, the commissioner must consider the cumulative levels of pollution
from all sources to which residents of the highly impacted area have been exposed in the
past and to which they continue to be exposed, considering the principles of environmental
justice identified in paragraph (b). The commissioner may require provisions that prevent
environmental impacts that violate those principles as part of the permit.
new text end

new text begin (d) For the purposes of this section, a "highly impacted area" is an area within a city of
the first class in Hennepin County:
new text end

new text begin (1) that is within a half mile of a site that was designated by the federal government as
an Environmental Protection Agency superfund site because of residential arsenic
contamination;
new text end

new text begin (2) where a majority of the population is low-income persons of color and American
Indians;
new text end

new text begin (3) where a disproportionate percentage of the children have childhood lead poisoning,
asthma, or other environmentally related health problems;
new text end

new text begin (4) that is located in a city that has experienced numerous air quality alert days of
dangerous air quality for sensitive populations between February 2007 and February 2008;
new text end

new text begin (5) that is located near the junctions of several heavily trafficked state and county
highways and two one-way streets that carry both truck and auto traffic; and
new text end

new text begin (6) that, during the COVID-19 pandemic, is located in a community that has dramatically
increased high-risk vulnerabilities to the COVID-19 pandemic based on documented racial
health disparities including asthma, childhood lead poisoning, obesity, hypertension, diabetes,
heart disease, and cancer related to exposures to toxic environmental pollutants, food
insecurity, and high-risk immunity issues.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end