SF 466

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 06/28/2023 03:10pm

A bill for an act
relating to environment; modifying requirement to analyze and consider cumulative
pollution before issuing air quality permit; providing for identification of
environmental justice areas; requiring demographic analysis in certain
environmental permitting and review; making technical corrections; amending
Minnesota Statutes 2022, sections 116.06, by adding subdivisions; 116.07, by
adding subdivisions.

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

Section 1.

Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision
to read:

new text begin Subd. 6a. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of the Pollution
Control Agency.
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.

Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 6b. new text end

new text begin Compelling public interest. new text end

new text begin "Compelling public interest" means one that
primarily serves an essential environmental, health, or safety need of members of the
environmental justice area, is necessary to serve that need, and no other reasonably available
means exist to meet that need.
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.

Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 6c. new text end

new text begin Cumulative impacts. new text end

new text begin "Cumulative impacts" means the potential public health
and environmental impacts from combined pollutant exposures and risks, incorporating the
context of community vulnerabilities, assessed from publicly accessible data based on the
past, present, and reasonably foreseeable future levels, emissions, and discharges affecting
the geographical area.
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. 4.

Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 10a. new text end

new text begin Environmental and public health stressors. new text end

new text begin "Environmental and public
health stressors" means sources of environmental pollution, including but not limited to
concentrated areas of air pollution, mobile sources of air pollution, contaminated sites,
transfer stations or other solid waste facilities, recycling facilities, scrap yards, and point
sources of water pollution, including but not limited to water pollution from facilities or
combined sewer overflows; or conditions that may cause potential public health impacts,
including but not limited to asthma, cancer, elevated blood lead levels, cardiovascular
disease, and developmental problems in the overburdened community.
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. 5.

Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 10b. new text end

new text begin Environmental justice. new text end

new text begin "Environmental justice" means that nonwhite
communities, Indigenous communities, low-income communities, and communities with
limited English proficiency have a healthy environment and are treated fairly when
environmental statutes, rules, and policies are developed, adopted, implemented, and
enforced.
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. 6.

Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 10c. new text end

new text begin Environmental justice area. new text end

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

new text begin (1) 40 percent or more of the population is nonwhite;
new text end

new text begin (2) 35 percent or more of the households have an income level at or below 200 percent
of the federal poverty level;
new text end

new text begin (3) 40 percent or more of the population over five have limited English proficiency; or
new text end

new text begin (4) the tract or tracts are located within Indian country, as defined in United States Code,
title 18, section 1151.
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. 7.

Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision to
read:

new text begin Subd. 14a. new text end

new text begin Major source. new text end

new text begin "Major source" means a major source of air pollution as
defined by the federal Clean Air Act, United States Code, title 42, section 7401 et seq.
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. 8.

Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 4m. new text end

new text begin Environmental justice area permits; generally. new text end

new text begin (a) When a new facility or
a proposed expansion of an existing facility requires a permit under chapter 115 or 116 and
is located within an environmental justice area, the commissioner may require the permit
applicant or permit holder to conduct an analysis of the cumulative impacts that the new
facility or proposed expansion would cause or contribute to the environmental justice area.
new text end

new text begin (b) The commissioner must require the permit applicant or permit holder to conduct a
cumulative impacts analysis, as defined by rulemaking, if:
new text end

new text begin (1) the facility or proposed expansion exceeds the benchmarks to protect public health,
as established in rulemaking; or
new text end

new text begin (2) a petition is signed by at least 100 individuals who reside or own property in
Minnesota or by at least 25 individuals in the environmental justice area of the facility, is
supported by material evidence that demonstrates a potential adverse cumulative impact to
the community caused or contributed to by the new facility or proposed expansion, and is
submitted to the agency before the permitting decision is made.
new text end

new text begin (c) When a proposed or an existing facility within an environmental justice area applies
for a major source permit or requires reissuance of a major source permit, the commissioner
must require the permit applicant or permit holder to conduct a cumulative impacts analysis.
The permit applicant or permit holder must follow the public meeting requirements under
subdivision 4n.
new text end

new text begin (d) When a proposed facility or an existing facility requires a permit or major permit
amendment under chapter 115 or 116 and is located within ten miles of an environmental
justice area, the commissioner must require the permit applicant or permit holder to conduct
a cumulative impacts analysis if a petition is signed by at least 100 individuals in Minnesota
or 25 individuals who reside or own property in the environmental justice area, is supported
by material evidence that demonstrates a potential adverse cumulative impact to the
community caused or contributed to by the new facility or proposed amendment, and is
submitted to the agency before the permitting decision is made.
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 an application for a new permit, permit renewal, or major permit amendment filed
with the commissioner on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 4n. new text end

new text begin Environmental justice area permits; public notice requirements. new text end

new text begin (a) Any
permit applicant or permit holder required to conduct a cumulative impacts analysis under
subdivision 4m must hold at least one public meeting in the environmental justice area
impacted by the facility before the commissioner issues or denies a permit.
new text end

new text begin (b) The permit applicant or permit holder must publish notice in a newspaper of general
circulation within the environmental justice area at least 30 days before the meeting. In
addition to the newspaper notice, the applicant or permit holder must post physical signage
in the environmental justice area impacted, as directed by the commissioner. The notice
must contain the date, time, and location of the public meeting, as well as a brief description
of the permit or project.
new text end

new text begin (c) The permit applicant or permit holder must provide the commissioner with notice
of the public meeting and a copy of the cumulative impacts analysis at least 45 days before
the public meeting. The commissioner must post the notice and cumulative impacts analysis
on the agency website at least 30 days before the public meeting.
new text end

new text begin (d) The permit applicant or permit holder must accept written and oral comments, as
directed by the commissioner, from any interested party and must provide an opportunity
for robust public and Tribal engagement at the meeting. The permit applicant or permit
holder must provide an electronic copy of all written comments and a transcript of oral
comments to the agency within 30 days of the public meeting.
new text end

new text begin (e) If the permit applicant or permit holder is applying for more than one permit for a
proposed new or expanded facility or project, in the same environmental justice area, the
permit applicant or permit holder may request that the commissioner require that they only
comply with the provisions of this section once. The commissioner may approve or deny
this request.
new text end

new text begin (f) The commissioner must consider the testimony presented and comments submitted
in determining whether to issue or deny a permit. The commissioner must wait 30 days after
the public meeting before issuing or denying a permit.
new text end

new text begin (g) In addition to the required public meeting, the commissioner may require a permitted
facility located in an environmental justice area to hold in-person, recurring meetings with
neighbors to share information and discuss community concerns. The commissioner may
set the number and frequency of required meetings as permit conditions.
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 an application for a new permit, permit renewal, or major permit amendment filed
with the commissioner on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 4o. new text end

new text begin Environmental justice area permits; permit decisions. new text end

new text begin (a) The commissioner
must deny a new permit application, major amendment, permit expansion, or renewal of a
major source permit under chapter 115 or 116 for a facility in an environmental justice area
if the commissioner finds that granting the permit, amendment, or expansion would contribute
to adverse cumulative environmental or public health stressors in the environmental justice
area as defined in rulemaking, unless:
new text end

new text begin (1) the applicant and community-based organizations representing resident interests
enter into a community benefit agreement; and
new text end

new text begin (2) there is a compelling public interest as determined by the commissioner based on
criteria established in rulemaking.
new text end

new text begin (b) If the commissioner determines a compelling public interest exists and the applicant
enters into a community benefit agreement with the community, the agency may grant a
permit that imposes conditions on the construction and operation of the facility to protect
public health and the environment.
new text end

new text begin (c) If a major source permit is renewed under this section, the permit must include a
requirement that the facility must provide information to the community outlining the health
risks that their facility poses.
new text end

new text begin (d) A community benefit agreement must be signed on or before the date a new permit
or major permit amendment is issued in an environmental justice area.
new text end

new text begin (e) The commissioner must publish and maintain on the agency website a list of
environmental justice areas in the state.
new text end

new text begin (f) The commissioner must publish and maintain on the agency website an archive of
cumulative impacts analyses done under this law.
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 an application for a new permit, permit renewal, or major permit amendment filed
with the commissioner on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2022, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 4p. new text end

new text begin Environmental justice area permits; rulemaking. new text end

new text begin (a) The commissioner
must adopt rules to implement subdivisions 4m to 4o and to govern the cumulative impacts
analysis and issuance or denial of permits for facilities that impact environmental justice
areas.
new text end

new text begin (b) During the rulemaking process, the Pollution Control Agency must engage in robust
public engagement and Tribal consultation, including public meetings located in
environmental justice areas, greater Minnesota, and the seven-county metropolitan area.
Public engagement meetings must be open to the public. Public engagement meetings and
Tribal consultations must address the proposed rule and rulemaking process.
new text end

new text begin (c) The commissioner must in rules adopted under this subdivision:
new text end

new text begin (1) define conditions, criteria, or circumstances that qualify as a compelling public
interest, which must not include economic considerations as part of the compelling public
interest, unless the economic benefit considered directly and beneficially impacts residents
of the environmental justice area of concern. The commissioner must establish clear,
quantitative criteria for establishing whether a facility fulfills an essential environmental,
health, or safety need. Compelling public interest must also include consideration of the
public comments received;
new text end

new text begin (2) establish procedures for entering into community benefit agreements, which must
include consultation with members of the public and community-based organizations and
coalitions representing resident interests who reside within the environmental justice area;
new text end

new text begin (3) establish a petition process and form submitted to the agency by environmental
justice area residents to support the need for a cumulative impacts analysis;
new text end

new text begin (4) establish and define criteria for requiring a cumulative impacts analysis, using tools
such as risk management to define facilities with lower, less toxic emissions;
new text end

new text begin (5) create a process for conducting cumulative impacts analysis, which must include
environmental and public health stressors from data that are publicly available. An analysis
must determine whether granting a permit would, together with other environmental or
public health stressors affecting the environmental justice area, cause or contribute to adverse
cumulative environmental or public health stressors in the environmental justice area that
are higher than those borne by other communities within the state, county, or other geographic
unit of analysis as determined by the agency;
new text end

new text begin (6) consider questions and comments received from residents of the environmental
justice areas;
new text end

new text begin (7) in determining whether "the facility or proposed expansion exceeds the benchmarks
established in rulemaking," the agency must identify specific environmental and public
health stressors and create clear criteria for determining whether or not those stressors are
present in a given census tract. These stressors should be quantified when possible to allow
for comparisons between both census tracts in close proximity and between stressors in a
given census tract and a statewide average for each stressor; and
new text end

new text begin (8) the agency must maintain an updated database of the identified stressors and in which
census tracts those stressors are present. This database must be used to create a baseline
comparison for projects requiring a cumulative impacts analysis and the agency must provide
an analysis of stressors for the relevant census tracts to an applicant upon their initial
application. The agency will make this database accessible to the public.
new text end

new text begin (d) The Pollution Control Agency must provide translation services and translated
materials upon request during rulemaking meetings.
new text end

new text begin (e) The Pollution Control Agency must provide public notice on the agency's website
at least 30 days before public meetings. The notice must include the date, time, and location
of the meeting. Through additional communications methods, the agency must strive to
include residents of environmental justice areas in the public meetings for this rulemaking.
The Pollution Control Agency must perform public outreach to solicit comments on the
rule.
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 an application for a new permit, permit renewal, or major permit amendment filed
with the commissioner on or after that date.
new text end