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HF 4739

as introduced - 92nd Legislature (2021 - 2022) Posted on 04/07/2022 01:09pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to environment; establishing community air monitoring system pilot grant
program; requiring reports; appropriating money.

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

Section 1. new text beginCOMMUNITY AIR MONITORING SYSTEM PILOT GRANT
PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in this subdivision
have the meanings given.
new text end

new text begin (b) "Agency" means the Minnesota Pollution Control Agency.
new text end

new text begin (c) "Commissioner" means the commissioner of the Minnesota Pollution Control Agency.
new text end

new text begin (d) "Community air monitoring system" means a system of devices monitoring ambient
air quality at many locations within a small geographic area that is subject to air pollution
from a variety of stationary and mobile sources in order to obtain frequent measurements
of pollution levels, to detect differences in exposure to pollution over distances no larger
than a city block, and to identify areas where pollution levels are inordinately elevated.
new text end

new text begin (e) "Environmental justice area" means one or more census tracts in Minnesota:
new text end

new text begin (1) in which, based on the most recent data published by the United States Census Bureau:
new text end

new text begin (i) 40 percent or more of the population is nonwhite;
new text end

new text begin (ii) 35 percent or more of the households have an income at or below 200 percent of the
federal poverty level; or
new text end

new text begin (iii) 40 percent or more of the population over the age of five has limited English
proficiency; or
new text end

new text begin (2) located within Indian Country, as defined in United State Code, title 18, section 1151.
new text end

new text begin (f) "Nonprofit organization" means an organization that is exempt from taxation under
section 501(c)(3) of the Internal Revenue Code.
new text end

new text begin Subd. 2. new text end

new text begin Establishment of program. new text end

new text begin A community air monitoring system pilot grant
program is established in the Pollution Control Agency to measure air pollution levels at
many locations within an environmental justice area in Minneapolis.
new text end

new text begin Subd. 3. new text end

new text begin Eligible applicants. new text end

new text begin Grants under this section may be awarded to applicants
consisting of a partnership between a nonprofit organization located in an environmental
justice area in which the community air monitoring system is to be deployed and an entity
that has experience deploying, operating, and interpreting data from air monitoring systems.
new text end

new text begin Subd. 4. new text end

new text begin Eligible projects. new text end

new text begin Grants may be awarded under this section to applicants
whose proposals:
new text end

new text begin (1) use a variety of air monitoring technologies approved for use by the commissioner,
including but not limited to stationary monitors, sensor-based handheld devices, and mobile
devices that can be attached to vehicles or drones to measure air pollution levels;
new text end

new text begin (2) obtain data at fixed locations and from handheld monitoring devices that are carried
by residents of the community on designated walking routes in the targeted community and
that can provide high-frequency measurements;
new text end

new text begin (3) use the monitoring data to generate maps of pollution levels throughout the monitored
area; and
new text end

new text begin (4) provide monitoring data to the agency to help inform:
new text end

new text begin (i) agency decisions, including placement of the agency's stationary air monitors and
whether to require mitigation of emissions at facilities that are in or near the environmental
justice area and operating under air quality permits issued by the agency; and
new text end

new text begin (ii) decisions by other governmental bodies regarding transportation or land use planning.
new text end

new text begin Subd. 5. new text end

new text begin Eligible expenditures. new text end

new text begin Grants may be used only for the following activities:
new text end

new text begin (1) planning the configuration and deployment of the community air monitoring system;
new text end

new text begin (2) purchasing and installing air monitoring devices as part of the community air
monitoring system;
new text end

new text begin (3) training and paying persons who operate stationary, handheld, and mobile devices
to measure air pollution;
new text end

new text begin (4) developing data and mapping systems to analyze, organize, and present the air
monitoring data collected; and
new text end

new text begin (5) writing a final report on the project according to subdivision 9.
new text end

new text begin Subd. 6. new text end

new text begin Air monitoring technologies; agency approval. new text end

new text begin The commissioner must
approve air monitoring technologies proposed to be used in a project awarded a grant under
this section. Approved air monitoring technologies must meet a reasonable level of accuracy
and consistency.
new text end

new text begin Subd. 7. new text end

new text begin Application and grant award process. new text end

new text begin An eligible applicant must submit an
application to the commissioner on a form prescribed by the commissioner. The
commissioner must develop administrative procedures governing the application and grant
award process. The commissioner must act as fiscal agent for the grant program and is
responsible for receiving and reviewing grant applications and awarding grants under this
section.
new text end

new text begin Subd. 8. new text end

new text begin Grant awards; priorities. new text end

new text begin In awarding grants under this section, the
commissioner must give priority to proposed projects that:
new text end

new text begin (1) take place in areas with high rates of illness associated with exposure to air pollution,
including asthma, chronic obstructive pulmonary disease, heart disease, chronic bronchitis,
and cancer;
new text end

new text begin (2) promote public access to and transparency of air monitoring data developed through
the project; and
new text end

new text begin (3) conduct outreach activities to promote community awareness of and engagement
with the project.
new text end

new text begin Subd. 9. new text end

new text begin Report to agency. new text end

new text begin No later than 90 days after a project ends, the grantee must
submit a written report to the commissioner describing the project's findings and results
and any recommendations for agency actions, programs, or activities to reduce levels of air
pollution measured by the community air monitoring system. The grantee must also forward
to the commissioner all air monitoring data developed by the project.
new text end

new text begin Subd. 10. new text end

new text begin Report to legislature. new text end

new text begin No later than January 15, 2024, the commissioner must
submit a report to the chairs and ranking minority members of the legislative committees
with primary jurisdiction over environment policy and finance on the results of the grant
program, including:
new text end

new text begin (1) any changes in the agency's air monitoring network that will occur as a result of data
developed under the program;
new text end

new text begin (2) any actions the agency has taken or proposes to take to reduce levels of pollution
that impact the environmental justice areas that received grants under the program; and
new text end

new text begin (3) any recommendations for legislation, including whether the program should be
extended or expanded.
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

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin $....... in fiscal year 2023 is appropriated from the general fund to the commissioner of
the Minnesota Pollution Control Agency to award grants under section 1 and to pay the
agency's reasonable costs to administer the pilot grant program. This is a onetime
appropriation. Any unexpended money remaining on December 31, 2023, cancels to the
general fund.
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