SF 1678

as introduced - 92nd Legislature (2021 - 2022) Posted on 08/03/2021 05:47pm

A bill for an act
relating to energy; providing for reuse and redevelopment of qualified facilities;
appropriating money to retire bonds to facilitate solar project at closed landfill;
requiring reports; amending Minnesota Statutes 2020, sections 115B.40, subdivision
1; 115B.412, subdivision 9.

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

Section 1.

Minnesota Statutes 2020, section 115B.40, subdivision 1, is amended to read:

Subdivision 1.

Response to releases.

The commissioner may take any environmental
response action, including emergency action, related to a release or threatened release of a
hazardous substance, pollutant or contaminant, or decomposition gas from a qualified facility
that the commissioner deems reasonable and necessary to protect the public health or welfare
or the environment under the standards required in sections 115B.01 to 115B.20. The
commissioner may undertake studies necessary to determine reasonable and necessary
environmental response actions at individual facilities. The commissioner may develop
general work plans for environmental studies, presumptive remedies, and generic remedial
designs for facilities with similar characteristics new text begin , as well as implement reuse and
redevelopment strategies new text end . Prior to selecting environmental response actions for a facility,
the commissioner shall hold at least one public informational meeting near the facility and
provide for receiving and responding to comments related to the selection. The commissioner
shall design, implement, and provide oversight consistent with the actions selected under
this subdivision.

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 115B.412, subdivision 9, is amended to read:

Subd. 9.

Land management plans.

(a) The commissioner shall develop a land use plan
for each qualified facility. All local land use plans must be consistent with a land use plan
developed under this subdivision. Plans developed under this subdivision must include
provisions to prevent any use that disturbs the integrity of the final cover, liners, any other
components of any containment system, or the function of any monitoring systems unless
the commissioner finds that the disturbance:

(1) is necessary to the proposed use of the property, and will not increase the potential
hazard to human health or the environment; or

(2) is necessary to reduce a threat to human health or the environment.

(b) Before completing any plan under this subdivision, the commissioner shall consult
with the commissioner of management and budget regarding any restrictions that the
commissioner of management and budget deems necessary on the disposition of property
resulting from the use of bond proceeds to pay for response actions on the property, and
shall incorporate the restrictions in the plan.

new text begin (c) A land use plan may include any of the following provisions for potential reuse and
redevelopment of the qualified facility:
new text end

new text begin (1) solar photovoltaic equipment;
new text end

new text begin (2) pollinator habitat; or
new text end

new text begin (3) another environmentally beneficial reuse as determined by the commissioner through
a notice and comment period process.
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. 3. new text begin CLOSED LANDFILL REDEVELOPMENT PILOT PROJECT.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 116C.779, subdivision 1, paragraph (j),
$3,000,000 in fiscal year 2022 is appropriated from the renewable development account
established under Minnesota Statutes, section 116C.779, subdivision 1, to the commissioner
of management and budget to retire general obligation bonds associated with the
Anoka-Ramsey closed landfill in order to remove restrictions placed on the closed landfill
due to the bond to help facilitate a five megawatts alternating current or greater solar pilot
project at the closed landfill site to be owned and operated by an electric cooperative
association that has more than 130,000 customers in Minnesota. The appropriation may not
be used to finance the project, procure land rights, or manage the solar array.
new text end

new text begin (b) The amount available in paragraph (a) is only available when the commissioner of
management and budget determines that the closed landfill site may be released from the
state's bonding restrictions. In order to make this determination, the commissioner must
conduct a feasibility analysis for the proposed retiring of the general obligation bonds
associated with the closed landfill described in paragraph (a). The analysis must also include
a discussion of the feasibility of replication for other closed landfills that are encumbered
by a bond and associated restrictions. The commissioner must submit the determination and
feasibility analysis to the chairs and ranking minority members of the legislative committees
with jurisdiction over capital investment, energy, and environment by June 15, 2021.
new text end

Sec. 4. new text begin PILOT PROJECT; REPORTING REQUIREMENTS.
new text end

new text begin Upon completion of the pilot project described in section 3 or by January 15, 2023,
whichever is earlier, the commissioner of the Pollution Control Agency, in cooperation with
the electric cooperative association, must report to the chairs and ranking minority members
of the legislative committees with jurisdiction over capital investment, energy, and
environment on the following:
new text end

new text begin (1) project accomplishments and milestones including any project growth, developments,
or agreements that resulted from the project;
new text end

new text begin (2) challenges or barriers faced during development or after completion of the project;
new text end

new text begin (3) project financials, including expenses, utility agreements, and project viability; and
new text end

new text begin (4) replicability of the pilot project to other future closed landfill projects.
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