1.1 	A bill for an act
1.2 	relating to environment; requiring analysis of cumulative pollution when issuing 
1.3 	permits in certain areas;amending Minnesota Statutes 2016, section 116.07, 
1.4 	subdivision 4a.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2016, section 116.07, subdivision 4a, is amended to read:
1.7 		Subd. 4a.Permits. (a) The commissioner of the Pollution Control Agency may issue, 
1.8 	continue in effect or deny permits, under such conditions as it may prescribe for the 
1.9 	prevention of pollution, for the emission of air contaminants, or for the installation or 
1.10 	operation of any emission facility, air contaminant treatment facility, treatment facility, 
1.11 	potential air contaminant storage facility, or storage facility, or any part thereof, or for the 
1.12 	sources or emissions of noise pollution.
1.13 	(b) The Pollution Control Agency commissioner may also issue, continue in effect or 
1.14 	deny permits, under such conditions as it may prescribe for the prevention of pollution, for 
1.15 	the storage, collection, transportation, processing, or disposal of waste, or for the installation 
1.16 	or operation of any system or facility, or any part thereof, related to the storage, collection, 
1.17 	transportation, processing, or disposal of waste.
1.18 	(c) The agency commissioner may not issue a permit to a facility without analyzing and 
1.19 	considering the cumulative levels and effects of past and current environmental pollution 
1.20 	from all sources on the environment and residents of the geographic area within which the 
1.21 	facility's emissions are likely to be deposited, provided that the facility is located in a 
1.22 	community in a city of the first class in Hennepin County that:
1.23 	(1) meets all of the following conditions:
2.1 	(1) (i) is within a half mile of a site designated by the federal government as an EPA 
2.2 	superfund site due to residential arsenic contamination;
2.3 	(2) (ii) a majority of the population are low-income persons of color and American 
2.4 	Indians;
2.5 	(3) (iii) a disproportionate percent of the children have childhood lead poisoning, asthma, 
2.6 	or other environmentally related health problems;
2.7 	(4) (iv) is located in a city that has experienced numerous air quality alert days of 
2.8 	dangerous air quality for sensitive populations between February 2007 and February 2008; 
2.9 	and
2.10 	(5) (v) is located near the junctions of several heavily trafficked state and county highways 
2.11 	and two one-way streets which that carry both truck and auto traffic.; or
2.12 	(2) meets all the following conditions:
2.13 	(i) is located within a national river and recreational area between a federal interstate 
2.14 	highway and a river dividing the city;
2.15 	(ii) is bordered by a regional park and a county state-aid highway that travels across a 
2.16 	bridge that opened in 1987 and crosses the river;
2.17 	(iii) contains two air monitoring stations that are maintained by the agency and exceeded 
2.18 	the state air quality standard for total suspended particles in 2015, 2016, and 2017; and
2.19 	(iv) contains more than 40 acres of land owned by the city.
2.20 	(d) The Pollution Control Agency commissioner may revoke or modify any permit issued 
2.21 	under this subdivision and section 116.081 whenever it is necessary, in the opinion of the 
2.22 	agency commissioner, to prevent or abate pollution.
2.23 	(b) (e) The Pollution Control Agency commissioner has the authority for approval over 
2.24 	the siting, expansion, or operation of a solid waste facility with regard to environmental 
2.25 	issues. However, the agency's commissioner's issuance of a permit does not release the 
2.26 	permittee from any liability, penalty, or duty imposed by any applicable county ordinances. 
2.27 	Nothing in this chapter precludes, or shall be construed to preclude, a county from enforcing 
2.28 	land use controls, regulations, and ordinances existing at the time of the permit application 
2.29 	and adopted pursuant to sections 366.10 to 366.181, 394.21 to 394.37, or 462.351 to 462.365, 
2.30 	with regard to the siting, expansion, or operation of a solid waste facility.
3.1 	(c) (f) Except as prohibited by federal law, a person may commence construction, 
3.2 	reconstruction, replacement, or modification of any facility prior to the issuance of before 
3.3 	the commissioner issues a construction permit by the agency.