HF 4598

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/24/2022 01:59pm

A bill for an act
relating to environment; allowing petition for rulemaking in order to make changes
to environmental assessment worksheet forms; allowing for optional participation
in pilot program; requiring cost reimbursement; amending Minnesota Statutes
2020, section 116D.04, subdivision 5a.

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

Section 1.

Minnesota Statutes 2020, section 116D.04, subdivision 5a, is amended to read:

Subd. 5a.

Rules.

new text begin (a) new text end The board deleted text begin shall, by January 1, 1981, deleted text end new text begin may new text end promulgate rules in
conformity with this chapter and the provisions of chapter 15, establishing:

(1) the governmental unit which shall be 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, paragraph (g);

(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
statement;

(7) alternative forms of environmental review which are acceptable pursuant to
subdivision 4a;

(8) a model ordinance which 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
shall provide for adequate consideration of appropriate alternatives, and shall 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 which are reasonably necessary to carry out the requirements
of this section.

new text begin (b) Notwithstanding paragraph (a), clause (1), or rules adopted under this section, the
board may not modify the content of an environmental assessment worksheet without going
through rulemaking under chapter 14 if the board receives a petition requesting that the
modifications go through the rulemaking process. The petition must:
new text end

new text begin (1) contain a description of the modifications that are requested to go through the
rulemaking process;
new text end

new text begin (2) be signed by at least 100 people residing in this state; and
new text end

new text begin (3) be submitted to the board no later than 45 days after public notice of the modification
is given.
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 modifications proposed on or after that date.
new text end

Sec. 2. new text begin EAW PILOT PROGRAM OPTIONAL FOR PROPOSERS.
new text end

new text begin A responsible governmental unit may not require a project proposer to use a revised
environmental assessment worksheet form developed as part of the Environmental Quality
Board's 2022 pilot program to test and evaluate the inclusion of climate change information
in the environmental review process. A project proposer that participates in the pilot program
may request reimbursement from the Environmental Quality Board for extra costs incurred
by the project proposer for activities only required to complete the pilot program's revised
environmental assessment worksheet.
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