Bill Text: MN HF2164 | 2011-2012 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Omnibus environment and natural resources bill.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2012-05-07 - Secretary of State Chapter 272 05/03/12 [HF2164 Detail]

Download: Minnesota-2011-HF2164-Introduced.html

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A bill for an act

relating to environment; modifying certain reporting and assessment
requirements; modifying waste management provisions; clarifying certain
environmental review; eliminating certain fees; modifying toxic pollution
prevention requirements; modifying certain standards for stationary sources;
extending prohibition on new open air swine basins; modifying acid deposition
control requirements; modifying sewage sludge management;amending
Minnesota Statutes 2010, sections 103A.43; 103H.175, subdivision 3;
115.06, subdivision 4; 115.42; 115A.15, subdivision 5; 115A.411; 115A.551,
subdivisions 2a, 4; 115A.557, subdivisions 3, 4; 115A.93, subdivisions 1,
3; 115D.08; 115D.10; 116.011; 116.0714; 116.10; 116C.833, subdivision 2;
216C.055; 216H.07, subdivision 3; 473.149, subdivision 6; 473.846; Minnesota
Statutes 2011 Supplement, sections 115A.1320, subdivision 1; 116D.04,
subdivision 2a; repealing Minnesota Statutes 2010, sections 115.447; 115A.07,
subdivision 2; 115A.15, subdivision 5; 115A.965, subdivision 7; 216H.07,
subdivision 4; Minnesota Rules, parts 7002.0025, subpart 2a; 7011.7030;
7021.0010, subpart 3; 7021.0050, subparts 1, 2, 3; 7041.0500, subparts 5, 6, 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2010, section 103A.43, is amended to read:
103A.43 WATER ASSESSMENTS AND REPORTS.
    (a) The Environmental Quality Board shall consolidate the assessments required
in paragraphs (b) and (c) with the policy report in section 103A.204 and submit a single
report to the house of representatives and senate committees with jurisdiction over the
environment, natural resources, and agriculture and the Legislative-Citizen Commission
on Minnesota Resources by September 15, 2010, and every five years thereafter.
    (b) The Pollution Control Agency and the Department of Agriculture shall provide a
biennial an assessment and analysis of water quality, groundwater degradation trends, and
efforts to reduce, prevent, minimize, and eliminate degradation of water. The assessment
and analysis must include an analysis of relevant monitoring data.
    (c) The Department of Natural Resources shall provide an assessment and analysis
of the quantity of surface and ground water in the state and the availability of water to
meet the state's needs.

    Sec. 2. Minnesota Statutes 2010, section 103H.175, subdivision 3, is amended to read:
    Subd. 3. Report. In each even-numbered year Every five years, the Pollution
Control Agency, in cooperation with other agencies participating in the monitoring of
water resources, shall provide a draft report on the status of groundwater monitoring to
the Environmental Quality Board for review and then to the house of representatives
and senate committees with jurisdiction over the environment, natural resources, and
agriculture as part of the report in section 103A.204.

    Sec. 3. Minnesota Statutes 2010, section 115.06, subdivision 4, is amended to read:
    Subd. 4. Citizen monitoring of water quality. (a) The agency may encourage
citizen monitoring of ambient water quality for public waters by:
(1) providing technical assistance to citizen and local group water quality monitoring
efforts;
(2) integrating citizen monitoring data into water quality assessments and agency
programs, provided that the data adheres to agency quality assurance and quality control
protocols; and
(3) seeking public and private funds to:
(i) collaboratively develop clear guidelines for water quality monitoring procedures
and data management practices for specific data and information uses;
(ii) distribute the guidelines to citizens, local governments, and other interested
parties;
(iii) improve and expand water quality monitoring activities carried out by the
agency; and
(iv) continue to improve electronic and Web access to water quality data and
information about public waters that have been either fully or partially assessed.
(b) This subdivision does not authorize a citizen to enter onto private property
for any purpose.
(c) By January 15 of each odd-numbered year, 2017, and every fourth year thereafter,
the commissioner shall report to the senate and house of representatives committees with
jurisdiction over environmental policy and finance on activities under this section.

    Sec. 4. Minnesota Statutes 2010, section 115.42, is amended to read:
115.42 POLICY; LONG-RANGE PLAN; PURPOSE.
It is the policy of the state to provide for the prevention, control, and abatement
of pollution of all waters of the state, so far as feasible and practical, in furtherance
of conservation of such waters and protection of the public health and in furtherance
of the development of the economic welfare of the state. The agency shall prepare a
long-range plan and program for the effectuation of said policy, and shall make a report of
progress thereon to the legislature by November 15 of each even-numbered year, with
recommendations for action in furtherance of such program during the ensuing biennium.
It is the purpose of sections 115.41 to 115.53 to safeguard the waters of the state from
pollution by: (a) preventing any new pollution; and (b) abating pollution existing
when sections 115.41 to 115.53 become effective, under a program consistent with the
declaration of policy above stated.

    Sec. 5. Minnesota Statutes 2011 Supplement, section 115A.1320, subdivision 1,
is amended to read:
    Subdivision 1. Duties of the agency. (a) The agency shall administer sections
115A.1310 to 115A.1330.
    (b) The agency shall establish procedures for:
    (1) receipt and maintenance of the registration statements and certifications filed
with the agency under section 115A.1312; and
    (2) making the statements and certifications easily available to manufacturers,
retailers, and members of the public.
    (c) The agency shall annually review the value of the following variables that are
part of the formula used to calculate a manufacturer's annual registration fee under section
115A.1314, subdivision 1 :
    (1) the proportion of sales of video display devices sold to households that
manufacturers are required to recycle;
    (2) the estimated per-pound price of recycling covered electronic devices sold to
households;
    (3) the base registration fee; and
    (4) the multiplier established for the weight of covered electronic devices collected
in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that any of
these values must be changed in order to improve the efficiency or effectiveness of the
activities regulated under sections 115A.1312 to 115A.1330, the agency shall submit
recommended changes and the reasons for them to the chairs of the senate and house of
representatives committees with jurisdiction over solid waste policy.
    (d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
sales of video display devices sold to households by each manufacturer during the
preceding program year, based on national sales data, and forward the estimates to the
department.
    (e) On or before December 1, 2010, and each year thereafter, The agency shall
provide a report to the governor and the legislature on the implementation of sections
115A.1310 to 115A.1330. For each program year, the report must discuss the total weight
of covered electronic devices recycled and a summary of information in the reports
submitted by manufacturers and recyclers under section 115A.1316. The report must
also discuss the various collection programs used by manufacturers to collect covered
electronic devices; information regarding covered electronic devices that are being
collected by persons other than registered manufacturers, collectors, and recyclers; and
information about covered electronic devices, if any, being disposed of in landfills in
this state. The report must include a description of enforcement actions under sections
115A.1310 to 115A.1330. The agency may include in its report other information received
by the agency regarding the implementation of sections 115A.1312 to 115A.1330. The
report must be done in conjunction with the report required under section 115D.10.
    (f) The agency shall promote public participation in the activities regulated under
sections 115A.1312 to 115A.1330 through public education and outreach efforts.
    (g) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
provisions enforced by the department, as provided in subdivision 2. The agency may
revoke a registration of a collector or recycler found to have violated sections 115A.1310
to 115A.1330.
    (h) The agency shall facilitate communication between counties, collection and
recycling centers, and manufacturers to ensure that manufacturers are aware of video
display devices available for recycling.
    (i) The agency shall develop a form retailers must use to report information to
manufacturers under section 115A.1318 and post it on the agency's Web site.
    (j) The agency shall post on its Web site the contact information provided by each
manufacturer under section 115A.1318, paragraph (e).

    Sec. 6. Minnesota Statutes 2010, section 115A.15, subdivision 5, is amended to read:
    Subd. 5. Reports. (a) By January 1 of each odd-numbered year, the commissioner
of administration shall submit a report to the governor and to the senate and house of
representatives committees having jurisdiction over environment and natural resources
and environment and natural resources finance summarizing past activities and proposed
goals of the program for the following biennium. The report shall include at least:
(1) a summary list of product and commodity purchases that contain recycled
materials;
(2) the results of any performance tests conducted on recycled products and agencies'
experience with recycled products used;
(3) a list of all organizations participating in and using the cooperative purchasing
program; and
(4) a list of products and commodities purchased for their recyclability and of
recycled products reviewed for purchase.
(b) By July 1 of each even-numbered year, the commissioner of the Pollution
Control Agency and the commissioner of commerce through the State Energy Office shall
submit recommendations to the commissioner regarding the operation of the program.

    Sec. 7. Minnesota Statutes 2010, section 115A.411, is amended to read:
115A.411 SOLID WASTE MANAGEMENT POLICY; CONSOLIDATED
REPORT.
    Subdivision 1. Authority; purpose. The commissioner shall prepare and adopt a
report on solid waste management policy and activities under this chapter. The report must
be submitted by the commissioner to the senate and house of representatives committees
having jurisdiction over environment and natural resources and environment and natural
resources finance by December 1 of each odd-numbered year 31, 2015, and every four
years thereafter and shall include reports required under sections 115A.55, subdivision 4,
paragraph (b); 115A.551, subdivision 4; 115A.557, subdivision 4; 473.149, subdivision
6 ; 473.846; and 473.848, subdivision 4.
    Subd. 2. Contents. (a) The report must may also include:
(1) a summary of the current status of solid waste management, including the amount
of solid waste generated and reduced, the manner in which it is collected, processed, and
disposed, the extent of separation, recycling, reuse, and recovery of solid waste, and the
facilities available or under development to manage the waste;
(2) an evaluation of the extent and effectiveness of implementation and of section
115A.02, including an assessment of progress in accomplishing state policies, goals, and
objectives, including those listed in paragraph (b);
(3) identification of issues requiring further research, study, and action, the
appropriate scope of the research, study, or action, the state agency or political subdivision
that should implement the research, study, or action, and a schedule for completion
of the activity; and
(4) recommendations for establishing or modifying state solid waste management
policies, authorities, responsibilities, and programs.
(b) Beginning in 1997, and every sixth year thereafter, the report shall be expanded
to include the metropolitan area solid waste policy plan required in section 473.149,
subdivision 1 , and strategies for the agency to advance the goals of this chapter, to manage
waste as a resource, to further reduce the need for expenditures on resource recovery and
disposal facilities, and to further reduce long-term environmental and financial liabilities.
The expanded report must include strategies for:
(1) achieving the maximum feasible reduction in waste generation;
(2) encouraging manufacturers to design products that eliminate or reduce the
adverse environmental impacts of resource extraction, manufacturing, use, and waste
processing and disposal;
(3) educating businesses, public entities, and other consumers about the need to
consider the potential environmental and financial impacts of purchasing products that
may create a liability or that may be expensive to recycle or manage as waste, due to the
presence of toxic or hazardous components;
(4) eliminating or reducing toxic or hazardous components in compost from
municipal solid waste composting facilities, in ash from municipal solid waste incinerators,
and in leachate and air emissions from municipal solid waste landfills, in order to reduce
the potential liability of waste generators, facility owners and operators, and taxpayers;
(5) encouraging the source separation of materials to the extent practicable, so that
the materials are most appropriately managed and to ensure that resources that can be
reused or recycled are not disposed of or destroyed; and
(6) maximizing the efficiency of the waste management system by managing waste
and recyclables close to the point of generation, taking into account the characteristics of
the resources to be recovered from the waste and the type and capacity of local facilities.

    Sec. 8. Minnesota Statutes 2010, section 115A.551, subdivision 2a, is amended to read:
    Subd. 2a. Supplementary recycling goals. (a) By December 31, 1996, each county
will have as a goal to recycle the following amounts:
(1) for a county outside of the metropolitan area, 35 percent by weight of total
solid waste generation;
(2) for a metropolitan county, 50 percent by weight of total solid waste generation.
Each county will develop and implement or require political subdivisions within the
county to develop and implement programs, practices, or methods designed to meet its
recycling goal. Nothing in this section or in any other law may be construed to prohibit a
county from establishing a higher recycling goal.
(b) For a county that, by January 1, 1995, is implementing a solid waste reduction
program that is approved by the commissioner, the commissioner shall apply up to three
percentage points toward achievement of the recycling goals in this subdivision. In
addition, the commissioner shall apply demonstrated waste reduction that exceeds three
percent reduction toward achievement of the goals in this subdivision.
(c) No more than five percentage points may be applied toward achievement of the
recycling goals in this subdivision for management of yard waste. The five percentage
points must be applied as provided in this paragraph. The commissioner shall apply three
percentage points for a county in which residents, by January 1, 1996, are provided with:
(1) an ongoing comprehensive education program under which they are informed
about how to manage yard waste and are notified of the prohibition in section 115A.931;
and
(2) the opportunity to drop off yard waste at specified sites or participate in curbside
yard waste collection.
The commissioner shall apply up to an additional two percentage points toward
achievement of the recycling goals in this subdivision for additional activities approved
by the commissioner that are likely to reduce the amount of yard waste generated and to
increase the on-site composting of yard waste.

    Sec. 9. Minnesota Statutes 2010, section 115A.551, subdivision 4, is amended to read:
    Subd. 4. Interim monitoring. The commissioner shall monitor the progress of each
county toward meeting the recycling goals in subdivisions 2 and 2a. The commissioner
shall report to the senate and house of representatives committees having jurisdiction over
environment and natural resources and environment and natural resources finance on the
progress of the counties by July 1 of each odd-numbered year as part of the report required
under section 115A.411. If the commissioner finds that a county is not progressing toward
the goals in subdivisions 2 and 2a, the commissioner shall negotiate with the county to
develop and implement solid waste management techniques designed to assist the county
in meeting the goals, such as organized collection, curbside collection of source-separated
materials, and volume-based pricing.
The progress report shall be included in the report required under section 115A.411.

    Sec. 10. Minnesota Statutes 2010, section 115A.557, subdivision 3, is amended to read:
    Subd. 3. Eligibility to receive money. (a) To be eligible to receive money
distributed by the commissioner under this section, a county shall within one year of
October 4, 1989:
(1) create a separate account in its general fund to credit the money; and
(2) set up accounting procedures to ensure that money in the separate account is
spent only for the purposes in subdivision 2.
(b) In each following year, each county shall also:
(1) have in place an approved solid waste management plan or master plan including
a recycling implementation strategy under section 115A.551, subdivision 7, and a
household hazardous waste management plan under section 115A.96, subdivision 6,
by the dates specified in those provisions;
(2) submit a report by April 1 of each year to the commissioner detailing for the
previous calendar year:
(i) how the money was spent including, but not limited to, specific information on
the number of employees performing SCORE planning, oversight, and administration; the
percentage of those employees' total work time allocated to SCORE planning, oversight,
and administration; the specific duties and responsibilities of those employees; and the
amount of staff salary for these SCORE duties and responsibilities of the employees; and
(ii) the resulting gains achieved in solid waste management practices; and
(3) provide evidence to the commissioner that local revenue equal to 25 percent of
the money sought for distribution under this section will be spent for the purposes in
subdivision 2.
(c) The commissioner shall withhold all or part of the funds to be distributed
to a county under this section if the county fails to comply with this subdivision and
subdivision 2.

    Sec. 11. Minnesota Statutes 2010, section 115A.557, subdivision 4, is amended to read:
    Subd. 4. Report. By July 1 of each odd-numbered year, The commissioner
shall report on how the money was spent and the resulting statewide improvements in
solid waste management to the senate and house of representatives committees having
jurisdiction over ways and means, finance, environment and natural resources, and
environment and natural resources finance. The report shall be included in the report
required under section 115A.411.

    Sec. 12. Minnesota Statutes 2010, section 115A.93, subdivision 1, is amended to read:
    Subdivision 1. License and registration required. (a) A person may not collect
mixed municipal solid waste for hire without a license from the jurisdiction where the
mixed municipal solid waste is collected.
(b) A person may not collect recyclables for hire unless registered with the agency.
If a person is licensed under paragraph (a), the person need not register with the agency
under this paragraph.

    Sec. 13. Minnesota Statutes 2010, section 115A.93, subdivision 3, is amended to read:
    Subd. 3. License requirements; pricing based on volume or weight. (a) A
licensing authority shall require licensees to impose charges for collection of mixed
municipal solid waste that increase with the volume or weight of the waste collected.
(b) A licensing authority may impose requirements that are consistent with the
county's solid waste policies as a condition of receiving and maintaining a license.
(c) A licensing authority shall prohibit mixed municipal solid waste collectors from
imposing a greater charge on residents who recycle than on residents who do not recycle.
(d) Licensed and registered collectors shall provide, at a minimum, the following
data to the agency:
(1) the quantity of mixed municipal solid waste and recyclables collected, reported
by commercial sector and by residential sector;
(2) the final destination of mixed municipal solid waste and recyclables;
(3) the county of origin of the waste or recyclables; and
(4) the participation rate for curbside recycling programs.
(d) (e) The commissioner may exempt a licensing authority from the requirements of
paragraph (a) if the county within which the authority is located has an approved solid
waste management plan that concludes that variable rate pricing is not appropriate for that
jurisdiction because it is inconsistent with other incentives and mechanisms implemented
within the jurisdiction that are more effective in attaining the goals of this chapter to
discourage on-site disposal, littering, and illegal dumping.
(e) (f) In the interim between revisions to the county solid waste management plan,
the commissioner may exempt a licensing authority from the requirements of paragraph
(a) if the commissioner makes the determination otherwise made by the plan in paragraph
(d) (e) and finds that the licensing authority:
(1) operates or contracts for the operation of a residential recycling program that
collects more categories of recyclable materials than required in section 115A.552;
(2) has a residential participation rate in its recycling programs of at least 70 percent
or in excess of the participation rate for the county in which it is located, whichever
is greater; and
(3) is located in a county that has exceeded the recycling goals in section 115A.551.
An exemption granted by the commissioner in the interim between revisions to the county
solid waste management plan is only effective until the county solid waste management
plan is revised.

    Sec. 14. Minnesota Statutes 2010, section 115D.08, is amended to read:
115D.08 PROGRESS REPORTS.
    Subdivision 1. Requirement to submit progress report. (a) All persons required to
prepare a toxic pollution prevention plan under section 115D.07 shall submit an annual
progress report to the commissioner of public safety that may be drafted in a manner that
does not disclose proprietary information. Progress reports are due on October July 1 of
each year. The first progress reports are due in 1992.
(b) At a minimum, each progress report must include:
(1) a summary of each objective established in the plan, including the base year for
any objective stated in numeric terms, and the schedule for meeting each objective;
(2) a summary of progress made during the past year, if any, toward meeting each
objective established in the plan including the quantity of each toxic pollutant eliminated
or reduced;
(3) a statement of the methods through which elimination or reduction has been
achieved;
(4) if necessary, an explanation of the reasons objectives were not achieved during
the previous year, including identification of any technological, economic, or other
impediments the facility faced in its efforts to achieve its objectives; and
(5) a certification, signed and dated by the facility manager and an officer of the
company under penalty of section 609.63, attesting that a plan meeting the requirements
of section 115D.07 has been prepared and also attesting to the accuracy of the information
in the progress report.
    Subd. 2. Review of progress reports. (a) The commissioner of public safety shall
review all progress reports to determine if they meet the requirements of subdivision 1.
If the commissioner of public safety determines that a progress report does not meet the
requirements, the commissioner of public safety shall notify the facility in writing and
shall identify specific deficiencies and specify a reasonable time period of not less than 90
days for the facility to modify the progress report.
(b) The commissioner of public safety shall be given access to a facility plan
required under section 115D.07 if the commissioner of public safety determines that
the progress report for that facility does not meet the requirements of subdivision 1.
Twenty-five or more persons living within ten miles of the facility may submit a petition
to the commissioner of public safety that identifies specific deficiencies in the progress
report and requests the commissioner of public safety to review the facility plan. Within
30 days after receipt of the petition, the commissioner of public safety shall respond in
writing. If the commissioner of public safety agrees that the progress report does not meet
requirements of subdivision 1, the commissioner of public safety shall be given access
to the facility plan.
(c) After reviewing the plan and the progress report with any modifications
submitted, the commissioner of public safety shall state in writing whether the progress
report meets the requirements of subdivision 1. If the commissioner of public safety
determines that a modified progress report still does not meet the requirements of
subdivision 1, the commissioner of public safety shall schedule a public meeting. The
meeting shall be held in the county where the facility is located. The meeting is not
subject to the requirements of chapter 14.
(d) The facility shall be given the opportunity to amend the progress report within a
period of not less than 30 days after the public meeting.
(e) If the commissioner of public safety determines that a modified progress report
still does not meet the requirements of subdivision 1, action may be taken under section
115.071 to obtain compliance with sections 115D.01 to 115D.12.

    Sec. 15. Minnesota Statutes 2010, section 115D.10, is amended to read:
115D.10 TOXIC PRODUCT AND POLLUTION PREVENTION
EVALUATION POLICY; CONSOLIDATED REPORT.
    Subdivision 1. Definitions. For purposes of this section, the terms used have the
meaning given in sections 115A.03 and 115D.03.
    Subd. 2. Report. The commissioner, in cooperation with the commission, shall
report to the Environment and Natural Resources Committees of the senate and house
of representatives, the Finance Division of the senate Committee on Environment and
Natural Resources, and the house of representatives Committee on Environment and
Natural Resources Finance on progress being made in achieving the objectives of sections
115D.01 to 115D.12. The report must be submitted by February 1 of each even-numbered
year. shall prepare and adopt a report on toxic pollution prevention, problem materials, and
product stewardship policy and activities in this chapter and chapter 115A. The report must
be submitted by the commissioner to the senate and house of representatives committees
having jurisdiction over environment and natural resources by December 31, 2013, and
every four years thereafter and must include the report required under section 115A.1320.
    Subd. 3. Discretionary report contents. The report under subdivision 2 may
also include:
(1) a summary of the current status of toxic pollutant and hazardous waste
management, including the amount of toxic pollutant and hazardous waste generated
and reduced, and the manner in which it is processed, recycled, reused, recovered, and
disposed of;
(2) a summary of problem material generation and management, including, if
available, the amounts collected separately from the waste streams and the manner in
which the problem material is processed, recycled, or disposed of;
(3) a summary of pollution prevention and green chemistry activities designed to
reduce the use, generation, and release of toxic pollutants, hazardous waste, and problem
materials;
(4) a summary of product stewardship activities for problem materials occurring in
the state, including efforts to encourage manufacturers to design products that eliminate or
reduce the adverse environmental impacts of resource extraction, manufacturing, use, and
waste processing and disposal;
(5) an evaluation of the efforts to prevent pollution and reduce, recycle, and manage
problem materials and the extent the efforts prevent pollution and remove problem
materials from the waste stream;
(6) identification of issues requiring further research, study, or action; the appropriate
scope of the research, study, or action; the state agency or political subdivision that should
implement the research, study, or action; and a schedule for completion of the activity; and
(7) recommendations for establishing or modifying state policies, authorities,
responsibilities, and programs related to pollution prevention and problem materials.

    Sec. 16. Minnesota Statutes 2010, section 116.011, is amended to read:
116.011 ANNUAL POLLUTION REPORT.
A goal of the Pollution Control Agency is to reduce the amount of pollution that is
emitted in the state. By April 1 of each even-numbered year, the Pollution Control Agency
shall report the best estimate of the agency of the total volume of water and air pollution
that was emitted in the state in the previous two calendar year years for which data are
available. The agency shall report its findings for both water and air pollution:
(1) in gross amounts, including the percentage increase or decrease over the previous
previously reported two calendar year years; and
(2) in a manner which will demonstrate the magnitude of the various sources of
water and air pollution.

    Sec. 17. Minnesota Statutes 2010, section 116.0714, is amended to read:
116.0714 NEW OPEN AIR SWINE BASINS.
    The commissioner of the Pollution Control Agency or a county board shall not
approve any permits for the construction of new open air swine basins, except that existing
facilities may use one basin of less than 1,000,000 gallons as part of a permitted waste
treatment program for resolving pollution problems or to allow conversion of an existing
basin of less than 1,000,000 gallons to a different animal type, provided all standards are
met. This section expires June 30, 2012 2017.

    Sec. 18. Minnesota Statutes 2010, section 116.10, is amended to read:
116.10 POLICY; LONG-RANGE PLAN; PURPOSE.
Consistent with the policy announced herein and the purposes of Laws 1963, chapter
874, the Pollution Control Agency shall, before November 15 of each even-numbered
year, prepare a long-range plan and program for the effectuation of said policy, and shall
make a report also of progress on abatement and control of air and land pollution during
each biennium to the legislature with recommendations for action in furtherance of the air
and land pollution and waste programs.

    Sec. 19. Minnesota Statutes 2010, section 116C.833, subdivision 2, is amended to read:
    Subd. 2. Biennial Quadrennial report. In addition to other duties specified in
sections 116C.833 to 116C.843, the commissioner shall report by January 31, 1997 2013,
and biennially every four years thereafter, to the governor and the legislature concerning
the activities of the Interstate Commission. The report shall include any recommendations
the commissioner deems necessary to assure the protection of the interest of the state in
the proper functioning of the compact. The commissioner also shall report to the governor
and the legislature any time there is a change in the status of a host state or other party
states in the compact.

    Sec. 20. Minnesota Statutes 2011 Supplement, section 116D.04, subdivision 2a,
is amended to read:
    Subd. 2a. When prepared. 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.
No mandatory environmental impact statement may be required for an ethanol plant,
as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than
125,000,000 gallons of ethanol annually and is located outside of the seven-county
metropolitan area.
    (a) 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 shall not be 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.105, subdivision 1a, 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 shall be the state agency with the
greatest responsibility for supervising or approving the project as a whole.
    (b) The responsible governmental unit shall promptly publish notice of the
completion of an environmental assessment worksheet in a manner to be 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.
    (c) 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.
    (d) 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 prior to 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.
    (e) The board may, prior to 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.
    (f) An early and open process shall be utilized to limit the scope of the environmental
impact statement to a discussion of those impacts, which, 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 which are appropriate for consideration in the statement. In addition,
the permits which 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.
    (g) 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.
    (h) 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.
    (i) 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.

    Sec. 21. Minnesota Statutes 2010, section 216C.055, is amended to read:
216C.055 KEY ROLE OF SOLAR AND BIOMASS RESOURCES IN
PRODUCING THERMAL ENERGY.
The annual biennial legislative proposals required to be submitted by the
commissioners of commerce and the Pollution Control Agency under section 216H.07,
subdivision 4 3, must include proposals regarding the use of solar energy and the
combustion of grasses, agricultural wastes, trees, and other vegetation to produce thermal
energy for heating commercial, industrial, and residential buildings and for industrial
processes if the commissioners determine that such policies are appropriate to achieve the
state's greenhouse gas emissions-reduction goals. No legal claim against any person is
allowed under this section. This section does not apply to the combustion of municipal
solid waste or refuse-derived fuel to produce thermal energy. For purposes of this section,
removal of woody biomass from publicly owned forests must be consistent with the
principles of sustainable forest management.

    Sec. 22. Minnesota Statutes 2010, section 216H.07, subdivision 3, is amended to read:
    Subd. 3. Biennial reduction progress report. (a) By January 15 of each
odd-numbered year, the commissioners of commerce and the Pollution Control Agency
shall jointly report to the chairs and ranking minority members of the legislative
committees with primary policy jurisdiction over energy and environmental issues to
provide:
(1) the most recent and best available evidence identifying the level of reductions
already achieved and the level necessary to achieve the reductions timetable in section
216H.02 .; and
(2) proposed legislation the commissioners determine appropriate to achieve the
reductions in section 216H.02. The proposed legislation must be based on the principles
in subdivision 5. If the commissioners determine no legislation is appropriate, they shall
report that determination to the chairs along with an explanation of the determination.
(b) The report must be in easily understood nontechnical terms.

    Sec. 23. Minnesota Statutes 2010, section 473.149, subdivision 6, is amended to read:
    Subd. 6. Report to legislature. The commissioner shall report on abatement to
the senate and house of representatives committees having jurisdiction over ways and
means, finance, environment and natural resources committees of the senate and house
of representatives, the Finance Division of the senate Committee on Environment and
Natural Resources, and the house of representatives Committee on Environment and
Natural Resources Finance by July 1 of each odd-numbered year policy, and environment
and natural resources finance. The report must include an assessment of whether the
objectives of the metropolitan abatement plan have been met and whether each county
and each class of city within each county have achieved the objectives set for it in the
plan. The report must recommend any legislation that may be required to implement the
plan. The report shall be included in the report required by section 115A.411. If in any
year the commissioner reports that the objectives of the abatement plan have not been
met, the commissioner shall evaluate and report on the need to reassign governmental
responsibilities among cities, counties, and metropolitan agencies to assure implementation
and achievement of the metropolitan and local abatement plans and objectives.
The report must include a report on the operating, capital, and debt service costs of
solid waste facilities in the metropolitan area; changes in the costs; the methods used to
pay the costs; and the resultant allocation of costs among users of the facilities and the
general public. The facility costs report must present the cost and financing analysis in the
aggregate and broken down by county and by major facility.

    Sec. 24. Minnesota Statutes 2010, section 473.846, is amended to read:
473.846 REPORT REPORTS TO LEGISLATURE.
The agency shall submit to the senate Finance Committee, the and house of
representatives Ways and Means Committee, and the Environment and Natural Resources
Committees of the senate and house of representatives, the Finance Division of the senate
Committee on Environment and Natural Resources, and the house of representatives
Committee on committees having jurisdiction over environment and natural resources
finance separate reports describing the activities for which money for landfill abatement
has been spent under sections 473.844 and 473.845. The agency shall report by November
1 of each year on expenditures during its previous fiscal year. The commissioner shall
report on expenditures during the previous calendar year and must incorporate its report
The report for section 473.844 expenditures shall be included in the report required by
section 115A.411, due July 1 of each odd-numbered year. By December 31 each year,
the commissioner shall submit the report for section 473.845 on contingency action
trust fund activities. In both reports, the commissioner shall make recommendations
to the Environment and Natural Resources Committees of the senate and house of
representatives, the Finance Division of the senate Committee on Environment and
Natural Resources, and the house of representatives Committee on Environment and
Natural Resources Finance on the future management and use of the metropolitan landfill
abatement account.

    Sec. 25. REPEALER.
Minnesota Statutes 2010, sections 115.447; 115A.07, subdivision 2; 115A.15,
subdivision 5; 115A.965, subdivision 7; and 216H.07, subdivision 4, and Minnesota
Rules, parts 7002.0025, subpart 2a; 7011.7030; 7021.0010, subpart 3; 7021.0050, subparts
1, 2, and 3; and 7041.0500, subparts 5, 6, and 7, are repealed.