SF 740

as introduced - 91st Legislature (2019 - 2020) Posted on 07/03/2019 02:37pm

A bill for an act
relating to environment; modifying public notice and comment provisions for
animal feedlot facilities; modifying requirements for environmental review for
certain animal feedlot facilities; amending Minnesota Statutes 2018, section
116D.04, subdivision 2a.

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

Section 1.

Minnesota Statutes 2018, section 116D.04, subdivision 2a, is amended to read:

Subd. 2a.

When prepared.

(a) Where there is potential for significant environmental
effects resulting from any major governmental action, the action shall be preceded by a
detailed environmental impact statement prepared by the responsible governmental unit.
The environmental impact statement shall be an analytical rather than an encyclopedic
document which describes the proposed action in detail, analyzes its significant environmental
impacts, discusses appropriate alternatives to the proposed action and their impacts, and
explores methods by which adverse environmental impacts of an action could be mitigated.
The environmental impact statement shall also analyze those economic, employment, and
sociological effects that cannot be avoided should the action be implemented. To ensure its
use in the decision-making process, the environmental impact statement shall be prepared
as early as practical in the formulation of an action.

(b) The board shall by rule establish categories of actions for which environmental
impact statements and for which environmental assessment worksheets shall be prepared
as well as categories of actions for which no environmental review is required under this
section. A mandatory environmental assessment worksheet is not required for the expansion
of an ethanol plant, as defined in section 41A.09, subdivision 2a, paragraph (b), or the
conversion of an ethanol plant to a biobutanol facility or the expansion of a biobutanol
facility as defined in section 41A.15, subdivision 2d, based on the capacity of the expanded
or converted facility to produce alcohol fuel, but must be required if the ethanol plant or
biobutanol facility meets or exceeds thresholds of other categories of actions for which
environmental assessment worksheets must be prepared. The responsible governmental unit
for an ethanol plant or biobutanol facility project for which an environmental assessment
worksheet is prepared is the state agency with the greatest responsibility for supervising or
approving the project as a whole.

(c) A mandatory environmental impact statement is not required for a facility or plant
located outside the seven-county metropolitan area that produces less than 125,000,000
gallons of ethanol, biobutanol, or cellulosic biofuel annually, or produces less than 400,000
tons of chemicals annually, if the facility or plant is: an ethanol plant, as defined in section
41A.09, subdivision 2a, paragraph (b); a biobutanol facility, as defined in section 41A.15,
subdivision 2d; or a cellulosic biofuel facility. A facility or plant that only uses a cellulosic
feedstock to produce chemical products for use by another facility as a feedstock is not
considered a fuel conversion facility as used in rules adopted under this chapter.

(d) The responsible governmental unit shall promptly publish notice of the completion
of an environmental assessment worksheet by publishing the notice in at least one newspaper
of general circulation in the geographic area where the project is proposed, by posting the
notice on a website that has been designated as the official publication site for publication
of proceedings, public notices, and summaries of a political subdivision in which the project
is proposed, or in any other manner determined by the board and shall provide copies of
the environmental assessment worksheet to the board and its member agencies. Comments
on the need for an environmental impact statement may be submitted to the responsible
governmental unit during a 30-day period following publication of the notice that an
environmental assessment worksheet has been completed. The responsible governmental
unit's decision on the need for an environmental impact statement shall be based on the
environmental assessment worksheet and the comments received during the comment period,
and shall be made within 15 days after the close of the comment period. The board's chair
may extend the 15-day period by not more than 15 additional days upon the request of the
responsible governmental unit.

(e) An environmental assessment worksheet shall also be prepared for a proposed action
whenever material evidence accompanying a petition by not less than 100 individuals who
reside or own property in the state, submitted before the proposed project has received final
approval by the appropriate governmental units, demonstrates that, because of the nature
or location of a proposed action, there may be potential for significant environmental effects.
Petitions requesting the preparation of an environmental assessment worksheet shall be
submitted to the board. The chair of the board shall determine the appropriate responsible
governmental unit and forward the petition to it. A decision on the need for an environmental
assessment worksheet shall be made by the responsible governmental unit within 15 days
after the petition is received by the responsible governmental unit. The board's chair may
extend the 15-day period by not more than 15 additional days upon request of the responsible
governmental unit.

(f) Except in an environmentally sensitive location where Minnesota Rules, part
4410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
review under this chapter and rules of the board, if:

(1) the proposed action is:

(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or

(ii) an expansion of an existing animal feedlot facility with a total cumulative capacity
of less than 1,000 animal units;

(2) the application for the animal feedlot facility includes a written commitment by the
proposer to design, construct, and operate the facility in full compliance with Pollution
Control Agency feedlot rules; and

(3) the county board holds a public meeting for citizen input at least ten business days
before the Pollution Control Agency or county issuing a feedlot permit for the animal feedlot
facility unless another public meeting for citizen input has been held with regard to the
feedlot facility to be permitted. The exemption in this paragraph is in addition to other
exemptions provided under other law and rules of the board.

new text begin A mandatory environmental assessment worksheet is not required for an animal feedlot
facility with a capacity of less than 2,000 animal units or an expansion of an existing animal
feedlot facility with a total cumulative capacity of less than 2,000 animal units.
new text end

(g) The board may, before final approval of a proposed project, require preparation of
an environmental assessment worksheet by a responsible governmental unit selected by the
board for any action where environmental review under this section has not been specifically
provided for by rule or otherwise initiated.

(h) An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts that, because of the nature or location of
the project, have the potential for significant environmental effects. The same process shall
be utilized to determine the form, content, and level of detail of the statement as well as the
alternatives that are appropriate for consideration in the statement. In addition, the permits
that will be required for the proposed action shall be identified during the scoping process.
Further, the process shall identify those permits for which information will be developed
concurrently with the environmental impact statement. The board shall provide in its rules
for the expeditious completion of the scoping process. The determinations reached in the
process shall be incorporated into the order requiring the preparation of an environmental
impact statement.

(i) The responsible governmental unit shall, to the extent practicable, avoid duplication
and ensure coordination between state and federal environmental review and between
environmental review and environmental permitting. Whenever practical, information
needed by a governmental unit for making final decisions on permits or other actions required
for a proposed project shall be developed in conjunction with the preparation of an
environmental impact statement. When an environmental impact statement is prepared for
a project requiring multiple permits for which two or more agencies' decision processes
include either mandatory or discretionary hearings before a hearing officer before the
agencies' decision on the permit, the agencies may, notwithstanding any law or rule to the
contrary, conduct the hearings in a single consolidated hearing process if requested by the
proposer. All agencies having jurisdiction over a permit that is included in the consolidated
hearing shall participate. The responsible governmental unit shall establish appropriate
procedures for the consolidated hearing process, including procedures to ensure that the
consolidated hearing process is consistent with the applicable requirements for each permit
regarding the rights and duties of parties to the hearing, and shall utilize the earliest applicable
hearing procedure to initiate the hearing. All agencies having jurisdiction over a permit
identified in the draft environmental assessment worksheet scoping document must begin
reviewing any permit application upon publication of the notice of preparation of the
environmental impact statement.

(j) An environmental impact statement shall be prepared and its adequacy determined
within 280 days after notice of its preparation unless the time is extended by consent of the
parties or by the governor for good cause. The responsible governmental unit shall determine
the adequacy of an environmental impact statement, unless within 60 days after notice is
published that an environmental impact statement will be prepared, the board chooses to
determine the adequacy of an environmental impact statement. If an environmental impact
statement is found to be inadequate, the responsible governmental unit shall have 60 days
to prepare an adequate environmental impact statement.

(k) The proposer of a specific action may include in the information submitted to the
responsible governmental unit a preliminary draft environmental impact statement under
this section on that action for review, modification, and determination of completeness and
adequacy by the responsible governmental unit. A preliminary draft environmental impact
statement prepared by the project proposer and submitted to the responsible governmental
unit shall identify or include as an appendix all studies and other sources of information
used to substantiate the analysis contained in the preliminary draft environmental impact
statement. The responsible governmental unit shall require additional studies, if needed,
and obtain from the project proposer all additional studies and information necessary for
the responsible governmental unit to perform its responsibility to review, modify, and
determine the completeness and adequacy of the environmental impact statement.