SF 2360

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; providing that no permits 
  1.3             may be issued for certain projects on the Mississippi 
  1.4             river; amending Minnesota Statutes 1994, section 
  1.5             116G.151; Minnesota Statutes 1995 Supplement, section 
  1.6             116G.15; proposing coding for new law in Minnesota 
  1.7             Statutes, chapter 116G.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [116G.141] [MISSISSIPPI RIVER CRITICAL AREA; 
  1.10  LEGISLATIVE FINDINGS.] 
  1.11     The legislature finds that the construction, retrofitting, 
  1.12  or renovation of steam generating facilities capable of being 
  1.13  powered primarily by coal for the primary purpose of space 
  1.14  heating, or of a metal materials shredding project with a 
  1.15  processing capacity in excess of 20,000 tons per month, located 
  1.16  within the portion of the Mississippi National River and 
  1.17  Recreational Area that is within the boundaries of the cities of 
  1.18  Minneapolis and St. Paul is inconsistent with:  
  1.19     (1) the designation of the Mississippi river critical area 
  1.20  in section 116G.15; and 
  1.21     (2) the public and private investment made within the 
  1.22  cities of Minneapolis and St. Paul to return Mississippi 
  1.23  riverfront lands to scenic, aesthetic, and recreational uses, 
  1.24  including investment in Boom Island Park, Nicollet Island, 
  1.25  Riverplace, St. Anthony Main, Hennepin Bluffs Park, Lower Gorge 
  1.26  Park, the Stone Arch Bridge, the Great River Road, the 
  2.1   Mississippi Riverfront Regional Park, Harriet Bishop children's 
  2.2   playground on Harriet Island, Lilydale Park, Warner Road/lower 
  2.3   landing reconstruction, lower West Side floodwall esplanade, and 
  2.4   Lowertown reinvestment. 
  2.5      The legislature finds that feasible and prudent 
  2.6   alternatives to facilities powered by coal exist that will have 
  2.7   a less adverse environmental effect on the state's natural 
  2.8   resources as defined in section 116B.02. 
  2.9      The legislature further finds that, given the emission of 
  2.10  greenhouse gases and heavy metals and the addition to overall 
  2.11  urban air pollution problems caused by facilities that shred 
  2.12  metal or burn coal and the existence of alternative technologies 
  2.13  and sites, the importance of maintaining and improving 
  2.14  environmental and public health quality in the urban portion of 
  2.15  the Mississippi critical area is inconsistent with constructing 
  2.16  a metal shredding facility or expanding or enhancing existing 
  2.17  facilities located within the critical area that burn coal to 
  2.18  produce steam for space heating. 
  2.19     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.20  116G.15, is amended to read: 
  2.21     116G.15 [MISSISSIPPI RIVER CRITICAL AREA.] 
  2.22     (a) The federal Mississippi National River and Recreation 
  2.23  Area established pursuant to United States Code, title 16, 
  2.24  section 460zz-2(k), is designated an area of critical concern in 
  2.25  accordance with this chapter.  The governor shall review the 
  2.26  existing Mississippi river critical area plan and specify any 
  2.27  additional standards and guidelines to affected communities in 
  2.28  accordance with section 116G.06, subdivision 2, paragraph (b), 
  2.29  clauses (3) and (4), needed to insure preservation of the area 
  2.30  pending the completion of the federal plan. 
  2.31     The results No member agency of the environmental quality 
  2.32  board or any local agency may issue a permit for a facility that 
  2.33  was the subject of an environmental impact statement prepared 
  2.34  under chapter 116D and begun before and completed after July 1, 
  2.35  1994, for a proposed project that is located in the Mississippi 
  2.36  river critical area north of the United States Army Corps of 
  3.1   Engineers Lock and Dam Number One must be submitted in a report 
  3.2   to the chairs of the environment and natural resources policy 
  3.3   and finance committees of the house of representatives and the 
  3.4   senate prior to the issuance of any state or local permits and 
  3.5   the authorization for an issuance of any bonds for the project.  
  3.6   A report made under this paragraph shall be submitted by the 
  3.7   responsible governmental unit that prepared the environmental 
  3.8   impact statement, and must list alternatives to the project that 
  3.9   are determined by the environmental impact statement to be 
  3.10  economically less expensive and environmentally superior to the 
  3.11  proposed project and identify any legislative actions that may 
  3.12  assist in the implementation of environmentally superior 
  3.13  alternatives.  This paragraph does not apply to a proposed 
  3.14  project to be carried out by the metropolitan council or a 
  3.15  metropolitan agency as defined in section 473.121. 
  3.16     (b) If the results of an environmental impact statement 
  3.17  required to be submitted by paragraph (a) indicate that there is 
  3.18  an economically less expensive and environmentally superior 
  3.19  alternative, then no member agency of the environmental quality 
  3.20  board shall issue a permit for the facility that is the subject 
  3.21  of the environmental impact statement, other than an 
  3.22  economically less expensive and environmentally superior 
  3.23  alternative, nor shall any government bonds be issued for the 
  3.24  facility, other than an economically less expensive and 
  3.25  environmentally superior alternative, until after the 
  3.26  legislature has adjourned its regular session sine die in 1996. 
  3.27     Sec. 3.  Minnesota Statutes 1994, section 116G.151, is 
  3.28  amended to read: 
  3.29     116G.151 [REQUIRED ENVIRONMENTAL ASSESSMENT WORKSHEET; 
  3.30  FACILITIES IN MISSISSIPPI RIVER AREA.] 
  3.31     (a) Until completion of an environmental assessment 
  3.32  worksheet that complies with the rules of the environmental 
  3.33  quality board and this section, A state or local agency may not 
  3.34  issue a permit for construction or operation of a metal 
  3.35  materials shredding project with a processing capacity in excess 
  3.36  of 20,000 tons per month that would be located in the 
  4.1   Mississippi river critical area, as described in section 
  4.2   116G.15, upstream from United States Corps of Engineers Lock and 
  4.3   Dam Number One Two. 
  4.4      (b) The pollution control agency is the responsible 
  4.5   governmental unit for the preparation of an environmental 
  4.6   assessment worksheet required under this section.  
  4.7      (c) In addition to the contents required under law and 
  4.8   rule, an environmental assessment worksheet completed under this 
  4.9   section must also include the following major categories: 
  4.10     (1) effects of operation of the project, including 
  4.11  vibrations and airborne particulates and dust, on the 
  4.12  Mississippi river; 
  4.13     (2) effects of operation of the project, including 
  4.14  vibrations and airborne particulates and dust, on adjacent 
  4.15  businesses and on residents and neighborhoods; 
  4.16     (3) effects of operation of the project on barge and street 
  4.17  traffic; 
  4.18     (4) discussion of alternative sites considered by the 
  4.19  project proposer for the proposed project, possible design 
  4.20  modifications including site layout, and the magnitude of the 
  4.21  project; 
  4.22     (5) mitigation measures that could eliminate or minimize 
  4.23  any adverse environmental effects of the proposed project; 
  4.24     (6) impact of the proposed project on the housing, park, 
  4.25  and recreational use of the river; 
  4.26     (7) effects of waste and implication of the disposal of 
  4.27  waste generated from the proposed project; 
  4.28     (8) effects on water quality from the project operations, 
  4.29  including wastewater generated from operations of the proposed 
  4.30  project; 
  4.31     (9) potential effects from fugitive emissions, fumes, dust, 
  4.32  noise, and vibrations from project operations; 
  4.33     (10) compatibility of the existing operation and proposed 
  4.34  operation with other existing uses; 
  4.35     (11) the report of the expert required by paragraph (g).  
  4.36     (d) In addition to the publication and distribution 
  5.1   provisions relating to environmental assessment worksheets under 
  5.2   law and rule, notice of environmental assessment worksheets 
  5.3   performed by this section shall also be published in a newspaper 
  5.4   of general circulation as well as community newspapers in the 
  5.5   affected neighborhoods. 
  5.6      (e) A public meeting in the affected communities must be 
  5.7   held on the environmental assessment worksheet prepared under 
  5.8   this section.  After the public meeting on the environmental 
  5.9   assessment worksheet, there must be an additional 30-day period 
  5.10  for review and comment on the environmental assessment worksheet.
  5.11     (f) If the pollution control agency determines that 
  5.12  information necessary to make a reasonable decision about 
  5.13  potential of significant environmental impacts is insufficient, 
  5.14  the agency shall make a positive declaration and proceed with an 
  5.15  environmental impact statement. 
  5.16     (g) The pollution control agency shall retain an expert in 
  5.17  the field of toxicology who is capable of properly analyzing the 
  5.18  potential effects and content of any airborne particulates, 
  5.19  fugitive emissions, and dust that could be produced by a metal 
  5.20  materials shredding project.  The pollution control agency shall 
  5.21  obtain any existing reports or documents from a governmental 
  5.22  entity or project proposer that analyzes or evaluates the 
  5.23  potential hazards of airborne particulates, fugitive emissions, 
  5.24  or dust from the construction or operation of a metal materials 
  5.25  shredding project in preparing the environmental assessment 
  5.26  worksheet.  The agency and the expert shall prepare, as part of 
  5.27  the report, a risk assessment of the types of metals permitted 
  5.28  to be shredded as compared to the types of materials that are 
  5.29  likely to be processed at the facility.  In performing the risk 
  5.30  assessment, the agency and the expert must consider any actual 
  5.31  experience at similar facilities.  The report must be included 
  5.32  as part of the environmental assessment worksheet.  
  5.33     (h) If the pollution control agency determines that under 
  5.34  the rules of the environmental quality board an environmental 
  5.35  impact statement should be prepared, the pollution control 
  5.36  agency shall be the responsible governmental unit for 
  6.1   preparation of the environmental impact statement.