SF 481

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to global warming and the environment; requiring adoption of California
standards regarding low emission vehicles; providing for updates to the standards
as necessary to comply with the federal Clean Air Act; amending Minnesota
Statutes 2006, section 116.07, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 116.07, subdivision 2, is amended to read:

Subd. 2.

Adoption of standards.

new text begin (a) new text end The Pollution Control Agency shall improve
air quality by promoting, in the most practicable way possible, the use of energy sources
and waste disposal methods which produce or emit the least air contaminants consistent
with the agency's overall goal of reducing all forms of pollution. The agency shall also
adopt standards of air quality, including maximum allowable standards of emission of air
contaminants from motor vehicles, recognizing that due to variable factors, no single
standard of purity of air is applicable to all areas of the state. In adopting standards the
Pollution Control Agency shall give due recognition to the fact that the quantity or
characteristics of air contaminants or the duration of their presence in the atmosphere,
which may cause air pollution in one area of the state, may cause less or not cause any air
pollution in another area of the state, and it shall take into consideration in this connection
such factors, including others which it may deem proper, as existing physical conditions,
zoning classifications, topography, prevailing wind directions and velocities, and the fact
that a standard of air quality which may be proper as to an essentially residential area of
the state, may not be proper as to a highly developed industrial area of the state. Such
standards of air quality shall be premised upon scientific knowledge of causes as well as
effects based on technically substantiated criteria and commonly accepted practices. No
local government unit shall set standards of air quality which are more stringent than
those set by the Pollution Control Agency.

new text begin (b) The Pollution Control Agency shall adopt rules, as authorized under the federal
Clean Air Act, United States Code, title 42, section 7507, to regulate emission standards
of motor vehicles sold in this state. The rules:
new text end

new text begin (1) must be adopted under section 14.388, subdivision 1, clause (3);
new text end

new text begin (2) except as provided in clause (3), must be identical to and must incorporate by
reference the California low emission vehicle regulations adopted by the California Air
Resources Board under the California Code of Regulations, title 13;
new text end

new text begin (3) must not include the zero emission vehicle standards contained in California
Code of Regulations, title 13, sections 1900, 1961, 1961.1, and 1962; and
new text end

new text begin (4) must be amended as necessary in a timely fashion to minimize the time during
which Minnesota's rules are not identical with California's regulations, as required under
United States Code, title 42, section 7507. Amendments under this clause must be made
under section 14.388, subdivision 1, clause (3).
new text end

new text begin The rules shall apply to motor vehicles approved by the National Safety Board for on-road
use as passenger vehicles on state and county highways and interstate freeways.
new text end

new text begin If the California regulations are extended to off-road vehicles or engines including,
but not limited to, all-terrain vehicles, snowmobiles, boats, aircraft, lawnmowers,
self-propelled vehicles used for agricultural purposes, or tractors, this section is no longer
effective, and Minnesota opts for the federal motor vehicle emissions standards by
operation of law without requiring further executive or legislative branch action.
new text end

new text begin Any portion of California's regulations requiring a federal waiver under the Clean
Air Act in order to become effective may not be enforced in Minnesota unless and until
California receives the requisite federal waiver.
new text end

new text begin (c) new text end The Pollution Control Agency shall promote solid waste disposal control
by encouraging the updating of collection systems, elimination of open dumps, and
improvements in incinerator practices. The agency shall also adopt standards for the
control of the collection, transportation, storage, processing, and disposal of solid waste
and sewage sludge for the prevention and abatement of water, air, and land pollution,
recognizing that due to variable factors, no single standard of control is applicable to
all areas of the state. In adopting standards, the Pollution Control Agency shall give
due recognition to the fact that elements of control which may be reasonable and proper
in densely populated areas of the state may be unreasonable and improper in sparsely
populated or remote areas of the state, and it shall take into consideration in this connection
such factors, including others which it may deem proper, as existing physical conditions,
topography, soils and geology, climate, transportation, and land use. Such standards of
control shall be premised on technical criteria and commonly accepted practices.

new text begin (d) new text end The Pollution Control Agency shall also adopt standards describing the
maximum levels of noise in terms of sound pressure level which may occur in the outdoor
atmosphere, recognizing that due to variable factors no single standard of sound pressure
is applicable to all areas of the state. Such standards shall give due consideration to
such factors as the intensity of noises, the types of noises, the frequency with which
noises recur, the time period for which noises continue, the times of day during which
noises occur, and such other factors as could affect the extent to which noises may be
injurious to human health or welfare, animal or plant life, or property, or could interfere
unreasonably with the enjoyment of life or property. In adopting standards, the Pollution
Control Agency shall give due recognition to the fact that the quantity or characteristics
of noise or the duration of its presence in the outdoor atmosphere, which may cause
noise pollution in one area of the state, may cause less or not cause any noise pollution
in another area of the state, and it shall take into consideration in this connection such
factors, including others which it may deem proper, as existing physical conditions,
zoning classifications, topography, meteorological conditions and the fact that a standard
which may be proper in an essentially residential area of the state, may not be proper as to
a highly developed industrial area of the state. Such noise standards shall be premised
upon scientific knowledge as well as effects based on technically substantiated criteria
and commonly accepted practices. No local governing unit shall set standards describing
the maximum levels of sound pressure which are more stringent than those set by the
Pollution Control Agency.

new text begin (e) new text end The Pollution Control Agency shall adopt standards for the identification of
hazardous waste and for the management, identification, labeling, classification, storage,
collection, transportation, processing, and disposal of hazardous waste, recognizing
that due to variable factors, a single standard of hazardous waste control may not be
applicable to all areas of the state. In adopting standards, the Pollution Control Agency
shall recognize that elements of control which may be reasonable and proper in densely
populated areas of the state may be unreasonable and improper in sparsely populated
or remote areas of the state. The agency shall consider existing physical conditions,
topography, soils, and geology, climate, transportation and land use. Standards of
hazardous waste control shall be premised on technical knowledge, and commonly
accepted practices. Hazardous waste generator licenses may be issued for a term not to
exceed five years. No local government unit shall set standards of hazardous waste control
which are in conflict or inconsistent with those set by the Pollution Control Agency.

A person who generates less than 100 kilograms of hazardous waste per month is
exempt from the following agency hazardous waste rules:

(1) rules relating to transportation, manifesting, storage, and labeling for
photographic fixer and X-ray negative wastes that are hazardous solely because of silver
content; and

(2) any rule requiring the generator to send to the agency or commissioner a copy
of each manifest for the transportation of hazardous waste for off-site treatment, storage,
or disposal, except that counties within the metropolitan area may require generators to
provide manifests.

Nothing in this paragraph exempts the generator from the agency's rules relating to on-site
accumulation or outdoor storage. A political subdivision or other local unit of government
may not adopt management requirements that are more restrictive than this paragraph.

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 begin ADOPTION.
new text end

new text begin The rules under section 1 must be adopted and made effective by September 30,
2008, and shall be effective for motor vehicles with a model year of 2012 and later.
The rules adopted under section 1 do not affect collector vehicles or street rods under
Minnesota Statutes, section 168.10.
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