HF 2761

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/09/2023 12:50pm

A bill for an act
relating to biofuel; requiring monitoring of biofuel, air emissions, wastewater, and
coproducts for the presence of certain chemicals; providing for voluntary
biomonitoring of biofuel plant employees; appropriating money; amending
Minnesota Statutes 2022, sections 25.41, by adding a subdivision; 115.03, by
adding a subdivision; 144.996, subdivision 2; proposing coding for new law in
Minnesota Statutes, chapter 116.

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

Section 1.

Minnesota Statutes 2022, section 25.41, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Biofuel coproducts. new text end

new text begin The commissioner must sample and test dried distillers
grains and other ethanol, biodiesel, and advanced biofuel coproducts distributed or intended
to be distributed as commercial feed for the presence of neonicotinoid pesticides and
perfluoroalkyl or polyfluoroalkyl substances.
new text end

Sec. 2.

Minnesota Statutes 2022, section 115.03, is amended by adding a subdivision to
read:

new text begin Subd. 12. new text end

new text begin Biofuel plants. new text end

new text begin A national pollutant discharge elimination system or state
disposal system permit issued by the agency to an ethanol plant, as defined in section 41A.09,
subdivision 2a, a biodiesel plant, or an advanced biofuel plant must, as a condition of the
permit, require the monitoring of wastewater for the presence of neonicotinoid pesticides
and perfluoroalkyl or polyfluoroalkyl substances. The permittee's monitoring system must
be capable of providing a permanent record of monitoring results which the permittee must
make available upon request of the commissioner or any person. The commissioner must
periodically inspect a permittee's monitoring system to verify accuracy.
new text end

Sec. 3.

new text begin [116.157] BIOFUEL PERMITS; MONITORING.
new text end

new text begin An air emissions permit issued by the agency to an ethanol plant, as defined in section
41A.09, subdivision 2a, a biodiesel plant, or an advanced biofuel plant must, as a condition
of the permit, require the monitoring of emissions for the presence of neonicotinoid pesticides
and perfluoroalkyl or polyfluoroalkyl substances. The permittee's monitoring system must
be capable of providing a permanent record of monitoring results which the permittee must
make available upon request of the commissioner or any person. The commissioner shall
periodically inspect a permittee's monitoring system to verify accuracy.
new text end

Sec. 4.

new text begin [116.158] BIOFUEL TESTING REQUIRED.
new text end

new text begin The commissioner, in consultation with the commissioner of commerce, must sample
and test ethanol, biodiesel, and advanced biofuel produced in this state for the presence of
neonicotinoid pesticides and perfluoroalkyl or polyfluoroalkyl substances. The commissioner
must collect samples at each plant where ethanol, biodiesel, or advanced biofuel is produced.
new text end

Sec. 5.

Minnesota Statutes 2022, section 144.996, subdivision 2, is amended to read:

Subd. 2.

Biomonitoring.

The commissioner shall:

(1) conduct biomonitoring of communities on a voluntary basis by collecting and
analyzing biospecimens, as appropriate, to assess environmental exposures to designated
chemicals;

(2) conduct biomonitoring of pregnant women and minors on a voluntary basis, when
scientifically appropriate;

new text begin (3) conduct voluntary biomonitoring of employees of ethanol plants, as defined in section
41A.09, subdivision 2a, biodiesel plants, and advanced biofuel plants to assess workplace
exposure to neonicotinoid pesticides and perfluoroalkyl or polyfluoroalkyl substances;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end communicate findings to the public, and plan ensuing stages of biomonitoring
and disease tracking work to further develop and refine the integrated analysis;

deleted text begin (4) deleted text end new text begin (5) new text end share analytical results with the advisory panel and work with the panel to interpret
results, communicate findings to the public, and plan ensuing stages of biomonitoring work;
and

deleted text begin (5) deleted text end new text begin (6) new text end submit a biennial report to the chairs and ranking members of the committees
with jurisdiction over environment and health by January 15 deleted text begin , beginning January 15, 2009, deleted text end
on the status of the biomonitoring program and any recommendations for improvement.

Sec. 6. new text begin APPROPRIATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Agriculture. new text end

new text begin $100,000 in fiscal year 2024 and $100,000
in fiscal year 2025 are appropriated from the general fund to the commissioner of agriculture
for the purposes of section 1.
new text end

new text begin Subd. 2. new text end

new text begin Pollution Control Agency. new text end

new text begin $500,000 in fiscal year 2024 and $500,000 in fiscal
year 2025 are appropriated from the general fund to the commissioner of the Pollution
Control Agency for the purposes of sections 2 to 4.
new text end

new text begin Subd. 3. new text end

new text begin Department of Health. new text end

new text begin $250,000 in fiscal year 2024 and $250,000 in fiscal
year 2025 are appropriated from the general fund to the commissioner of health for the
purposes of voluntary biomonitoring under section 5.
new text end

new text begin Subd. 4. new text end

new text begin Lifecycle assessment. new text end

new text begin $250,000 in fiscal year 2024 is appropriated from the
general fund to the commissioner of agriculture to perform, in consultation with the
commissioner of the Pollution Control Agency, a lifecycle assessment of the presence of
neonicotinoid pesticide in the production of ethanol, biodiesel, and advanced biofuel,
including feedstocks, coproducts, air emissions, and the fuel itself. This is a onetime
appropriation and is available until June 30, 2025. No later than December 15, 2024, the
commissioner of agriculture must submit the assessment, including recommendations, to
the legislative committees with jurisdiction over agriculture and the environment.
new text end