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, subdivision 1, by adding subdivisions;
116.07, subdivision 4a, by adding subdivisions; 116D.04, by adding a subdivision;
proposing coding for new law in Minnesota Statutes, chapter 116.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Minnesota Statutes 2022, section 116.06, subdivision 1, is amended to read:
The definitions given in this section shall obtain for the
purposes of sections 116.01 to deleted text begin 116.075deleted text end new text begin 116.076new text end except as otherwise expressly provided or
indicated by the context.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision to
read:
new text begin
"Commissioner" means the commissioner of the Pollution
Control Agency.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision to
read:
new text begin
"Environmental justice" means that:
new text end
new text begin
(1) communities of color, Indigenous communities, and low-income communities have
a healthy environment and are treated fairly when environmental statutes, rules, and policies
are developed, adopted, implemented, and enforced; and
new text end
new text begin
(2) in all decisions that have the potential to affect the environment of an environmental
justice area or the public health of its residents, due consideration is given to the history of
the area's and its residents' cumulative exposure to pollutants and to any current
socioeconomic conditions that increase the physical sensitivity of those residents to additional
exposure to pollutants.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 116.06, is amended by adding a subdivision to
read:
new text begin
"Environmental justice area" means one or
more census tracts in Minnesota:
new text end
new text begin
(1) in which, based on the most recent data published by the United States Census Bureau:
new text end
new text begin
(i) 40 percent or more of the population is nonwhite;
new text end
new text begin
(ii) 35 percent or more of the households have an income at or below 200 percent of the
federal poverty level; or
new text end
new text begin
(iii) 40 percent or more of the population over the age of five have limited English
proficiency; or
new text end
new text begin
(2) located within Indian Country, as defined in United State Code, title 18, section 1151.
new text end
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 116.07, subdivision 4a, is amended to read:
(a) The deleted text begin Pollution Control Agencydeleted text end new text begin commissionernew text end may issue, continue
in effect or deny permits, under such conditions as it may prescribe for the prevention of
pollution, for the emission of air contaminants, or for the installation or operation of any
emission facility, air contaminant treatment facility, treatment facility, potential air
contaminant storage facility, or storage facility, or any part thereof, or for the sources or
emissions of noise pollution.
(b) The deleted text begin Pollution Control Agencydeleted text end new text begin commissionernew text end may also issue, continue in effect or
deny permits, under such conditions as it may prescribe for the prevention of pollution, for
the storage, collection, transportation, processing, or disposal of waste, or for the installation
or operation of any system or facility, or any part thereof, related to the storage, collection,
transportation, processing, or disposal of waste.
(c) The deleted text begin agencydeleted text end new text begin commissionernew text end may not issue deleted text begin a permitdeleted text end new text begin , renew, or approve a major
amendmentnew text end to a facility new text begin permit that potentially increases pollution levels or the toxicity of
emissions in an environmental justice areanew text end without analyzing and consideringnew text begin :
new text end
new text begin (1)new text end the cumulative levels and effects of past and current environmental pollution from
all sources on the environment and residents of the deleted text begin geographic area within which the facility's
emissions are likely to be deposited, provided that the facility is located in a community in
a city of the first class in Hennepin County that meets all of the following conditions:deleted text end new text begin
environmental justice area, including mobile sources and toxic chemicals contaminating
soils; and
new text end
new text begin
(2) the demographic, social, and economic characteristics of the exposed population in
the environmental justice area that affect the population's sensitivity to exposure to additional
pollution, as required under subdivision 4m.
new text end
deleted text begin
(1) is within a half mile of a site designated by the federal government as an EPA
superfund site due to residential arsenic contamination;
deleted text end
deleted text begin
(2) a majority of the population are low-income persons of color and American Indians;
deleted text end
deleted text begin
(3) a disproportionate percent of the children have childhood lead poisoning, asthma,
or other environmentally related health problems;
deleted text end
deleted text begin
(4) is located in a city that has experienced numerous air quality alert days of dangerous
air quality for sensitive populations between February 2007 and February 2008; and
deleted text end
deleted text begin
(5) is located near the junctions of several heavily trafficked state and county highways
and two one-way streets which carry both truck and auto traffic.
deleted text end
(d) The deleted text begin Pollution Control Agencydeleted text end new text begin commissionernew text end may revoke or modify any permit issued
under this subdivision and section 116.081 whenever it is necessary, in the opinion of the
deleted text begin