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Minnesota Legislature

Office of the Revisor of Statutes

HF 2262

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2017 11:33am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to environment; requiring climate change considerations in environmental
impact statements; amending Minnesota Statutes 2016, section 116D.04,
subdivision 5a.


Section 1.

Minnesota Statutes 2016, section 116D.04, subdivision 5a, is amended to read:

Subd. 5a.


new text begin(a) new text endThe board deleted text beginshall, by January 1, 1981, promulgatedeleted text endnew text begin must adoptnew text end rules
in conformity with this chapter and deleted text beginthe provisions ofdeleted text end chapter 15deleted text begin,deleted text end establishing:

(1) the governmental unit deleted text beginwhich shall bedeleted text endnew text begin that isnew text end responsible for environmental review
of a proposed action;

(2) the form and content of environmental assessment worksheets;

(3) a scoping process in conformance with subdivision 2a, clause (e);

(4) a procedure for identifying during the scoping process the permits necessary for a
proposed action and a process for coordinating review of appropriate permits with the
preparation of the environmental impact statement;

(5) a standard format for environmental impact statements;

(6) standards for determining the alternatives to be discussed in an environmental impact

(7) alternative forms of environmental review deleted text beginwhichdeleted text endnew text begin thatnew text end are acceptable pursuant to
subdivision 4a;

(8) a model ordinance deleted text beginwhichdeleted text endnew text begin thatnew text end may be adopted and implemented by local governmental
units in lieu of the environmental impact statement process required by this section, providing
for an alternative form of environmental review where an action does not require a state
agency permit and is consistent with an applicable comprehensive plan. The model ordinance
deleted text begin shalldeleted text endnew text begin mustnew text end provide for adequate consideration of appropriate alternativesdeleted text begin,deleted text end and deleted text beginshalldeleted text endnew text begin mustnew text end
ensure that decisions are made in accordance with the policies and purposes of Laws 1980,
chapter 447;

(9) procedures to reduce paperwork and delay through intergovernmental cooperation
and the elimination of unnecessary duplication of environmental reviews;

(10) procedures for expediting the selection of consultants by the governmental unit
responsible for the preparation of an environmental impact statement; and

(11) any additional rules deleted text beginwhichdeleted text endnew text begin thatnew text end are reasonably necessary to carry out the requirements
of this section.

new text begin (b) At a minimum, rules adopted by the board under this subdivision must ensure that
an environmental impact statement:
new text end

new text begin (1) incorporates data from existing models of climate change that evaluate and project
future global-warming changes;
new text end

new text begin (2) specifies standards and protocol using climate science to assess the direct and indirect
environmental impacts of a proposed fossil-fuel infrastructure project;
new text end

new text begin (3) provides standards to evaluate and measure the life-cycle emissions of greenhouse
gases for a proposed fossil-fuel infrastructure project, including the emissions associated
with extraction, transportation, and end use of the fossil fuel, regardless of whether those
actions occur in the state;
new text end

new text begin (4) evaluates alternatives to a proposed fossil-fuel infrastructure project; and
new text end

new text begin (5) reviews the economic value added by viability of a proposed fossil-fuel infrastructure
project to a community under a two degree C scenario analysis in relation to any adverse
environmental impacts. "Two degree C scenario analysis" means an economic analysis of
the proposed fossil-fuel infrastructure project that takes into account the impacts of demand
reduction that results from carbon restrictions and related rules or commitments adopted
by governments, accompanied by continued cost reductions in clean energy technologies,
consistent with the two degree target adopted by the Paris Climate Agreement.
new text end