SF 4520

as introduced - 91st Legislature (2019 - 2020) Posted on 05/05/2020 07:43am

A bill for an act
relating to environment; modifying cumulative impact analysis requirements;
amending Minnesota Statutes 2018, section 116.07, subdivision 4a, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2018, section 116.07, subdivision 4a, is amended to read:

Subd. 4a.

Permits.

(a) The Pollution Control Agency may issue, continue in effect or
deny permits, under such conditions as it may prescribe for the prevention of pollution, for
the emission of air contaminants, or for the installation or operation of any emission facility,
air contaminant treatment facility, treatment facility, potential air contaminant storage
facility, or storage facility, or any part thereof, or for the sources or emissions of noise
pollution.

The Pollution Control Agency may also issue, continue in effect or deny permits, under
such conditions as it may prescribe for the prevention of pollution, for the storage, collection,
transportation, processing, or disposal of waste, or for the installation or operation of any
system or facility, or any part thereof, related to the storage, collection, transportation,
processing, or disposal of waste.

deleted text begin The agency may not issue a permit to a facility without analyzing and considering the
cumulative levels and effects of past and current environmental pollution from all sources
on the environment and residents of the geographic area within which the facility's emissions
are likely to be deposited, provided that the facility is located in a community in a city of
the first class in Hennepin County that meets all of the following conditions:
deleted text end

deleted text begin (1) is within a half mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination;
deleted text end

deleted text begin (2) a majority of the population are low-income persons of color and American Indians;
deleted text end

deleted text begin (3) a disproportionate percent of the children have childhood lead poisoning, asthma,
or other environmentally related health problems;
deleted text end

deleted text begin (4) is located in a city that has experienced numerous air quality alert days of dangerous
air quality for sensitive populations between February 2007 and February 2008; and
deleted text end

deleted text begin (5) is located near the junctions of several heavily trafficked state and county highways
and two one-way streets which carry both truck and auto traffic.
deleted text end

The Pollution Control Agency may revoke or modify any permit issued under this
subdivision and section 116.081 whenever it is necessary, in the opinion of the agency, to
prevent or abate pollution.

(b) The Pollution Control Agency has the authority for approval over the siting,
expansion, or operation of a solid waste facility with regard to environmental issues.
However, the agency's issuance of a permit does not release the permittee from any liability,
penalty, or duty imposed by any applicable county ordinances. Nothing in this chapter
precludes, or shall be construed to preclude, a county from enforcing land use controls,
regulations, and ordinances existing at the time of the permit application and adopted
pursuant to sections 366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365, with regard
to the siting, expansion, or operation of a solid waste facility.

(c) Except as prohibited by federal law new text begin or subdivision 4l, paragraph (c) new text end , a person may
commence construction, reconstruction, replacement, or modification of any facility prior
to the issuance of a construction permit by the agency.

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 2018, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 4l. new text end

new text begin Cumulative impact analysis. new text end

new text begin (a) Before issuing an air emissions permit for
a facility that is likely to deposit emissions within a highly impacted area, the commissioner
must prepare an analysis and consider the cumulative levels and effects of past and current
environmental pollution from all sources on the environment and residents.
new text end

new text begin (b) When an air permit is not required, the commissioner must prepare an analysis of
the cumulative levels and effects of environmental pollution resulting from a project upon
receipt of a petition under this paragraph. The petition must be signed by at least .....
individuals who reside or own property in the highly impacted area and must be submitted
to the commissioner before the proposed project has received final approval by the
appropriate political subdivision. The petition must include evidence that the project will
significantly increase pollution in a highly impacted area. Within ..... days, the commissioner
must respond to the petition by either determining a significant increase in air emissions is
not likely or providing a timeline for completing the analysis. When completing the analysis,
the commissioner must consider the cumulative levels of pollution from all sources to which
residents of the highly impacted area have been exposed in the past and to which they
continue to be exposed, considering the principles of environmental justice. The
commissioner may require any permit or approval issued by a political subdivision
authorizing the project to contain provisions that mitigate the environmental impacts of the
project on the surrounding community. A political subdivision may not issue final approval
for a project when a petition has been submitted under this section until the commissioner
has made a determination that significant air emissions are unlikely or the cumulative impact
analysis has been completed.
new text end

new text begin (c) A person may not demolish a building that contains 200,000 or more square feet
within a highly impacted area until the commissioner prepares an analysis of the cumulative
levels and effects of environmental pollution resulting from the demolition and any planned
redevelopment of the site. When completing the analysis, the commissioner must consider
the cumulative levels of pollution from all sources to which residents of the highly impacted
area have been exposed in the past and to which they continue to be exposed, considering
the principles of environmental justice. The commissioner may require any permit or approval
issued by a political subdivision authorizing the demolition or redevelopment to contain
provisions that mitigate the environmental impacts of the demolition and redevelopment
on the surrounding community.
new text end

new text begin (d) For the purposes of this section, a "highly impacted area" is an area within a city of
the first class in Hennepin County:
new text end

new text begin (1) that is within a half mile of a site that was designated by the federal government as
an Environmental Protection Agency superfund site because of residential arsenic
contamination;
new text end

new text begin (2) where a majority of the population is low-income persons of color and American
Indians;
new text end

new text begin (3) where a disproportionate percentage of the children have childhood lead poisoning,
asthma, or other environmentally related health problems;
new text end

new text begin (4) that is located in a city that has experienced numerous air quality alert days of
dangerous air quality for sensitive populations between February 2007 and February 2008;
new text end

new text begin (5) that is located near the junctions of several heavily trafficked state and county
highways and two one-way streets that carry both truck and auto traffic; and
new text end

new text begin (6) that is located in a community that has dramatically increased high-risk vulnerabilities
to the COVID-19 pandemic based on documented racial health disparities including asthma,
childhood lead poisoning, obesity, hypertension, diabetes, heart disease, cancer related to
exposures to toxic environmental pollutants, food insecurity, and high-risk immunity issues.
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