Health impact assessments required to be conducted in circumstances to assess the impact of proposed projects on human health, commissioner of health duties assigned, Environmental Quality Board rulemaking authorized, and money appropriated.

A bill for an act

relating to health; requiring health impact assessments to be conducted in certain

circumstances to assess the impact of proposed projects on human health; assigning

duties to the commissioner of health; authorizing rulemaking by the Environmental

Quality Board; appropriating money; amending Minnesota Statutes 2024, sections

116D.04, subdivision 1a; 116D.045; Minnesota Statutes 2025 Supplement, section

116D.04, subdivision 2a; proposing coding for new law in Minnesota Statutes,

chapter 116D.

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

Section 1.

Minnesota Statutes 2024, section 116D.04, subdivision 1a, is amended to read:

Subd. 1a.

Definitions.

For the purposes of this chapter, the following terms have the

meanings given to them in this subdivision.

(a) "Natural resources" has the meaning given it in section
116B.02, subdivision 4
.

(b) "Pollution, impairment, or destruction" has the meaning given it in section
116B.02,

subdivision 5
.

(c) "Environmental assessment worksheet" means a brief document which is designed

to set out the basic facts necessary to determine whether an environmental impact statement
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is
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and a health impact assessment are
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required for a proposed action.

(d) "Governmental action" means activities, including projects wholly or partially

conducted, permitted, assisted, financed, regulated, or approved by units of government

including the federal government.

(e) "Governmental unit" means any state agency and any general or special purpose unit

of government in the state including, but not limited to, watershed districts organized under

chapter 103D, counties, towns, cities, port authorities, housing authorities, and economic

development authorities established under sections
469.090
to
469.108
, but not including

courts, school districts, the Department of Iron Range Resources and Rehabilitation, and

regional development commissions other than the Metropolitan Council.

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(f) "Health effects" includes effects on physiological, nutritional, cultural, social,

economic, psychological, and environmental factors that influence human health.

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(g) "Health impact assessment" means a systematic, evidence-based process conducted

according to section 116D.055 and used before decisions are made on a proposed action to

identify and assess the human health effects the proposed action may have.

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Sec. 2.

Minnesota Statutes 2025 Supplement, 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 must be preceded by a

detailed environmental impact statement prepared by the responsible governmental unit.

The environmental impact statement must be an analytical rather than an encyclopedic

document that 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 must 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 must be prepared

as early as practical in the formulation of an action.

(b) The board must by rule establish categories of actions for which environmental

impact statements and for which environmental assessment worksheets must 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 must 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 must provide copies of

the environmental assessment worksheet to the board and its member agencies. Comments

on the need for an environmental impact statement
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or health impact assessment
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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 may extend the 30-day comment period for an additional 30

days one time. Further extensions of the comment period may not be made unless approved

by the project's proposer. The responsible governmental unit's decision on the need for an

environmental impact statement
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and health impact assessment
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must be based on the

environmental assessment worksheet and the comments received during the comment period,

and must 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 must 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 a Minnesota county where the proposed action will be undertaken

or in one or more adjoining counties, 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 must

be submitted to the board. The chair of the board must determine the appropriate responsible

governmental unit and forward the petition to it. A decision on the need for an environmental

assessment worksheet must 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.

(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 must be used 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 must

be used 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 must be identified during the scoping process.

Further, the process must identify those permits for which information will be developed

concurrently with the environmental impact statement. The board must provide in its rules

for the expeditious completion of the scoping process. The determinations reached in the

process must be incorporated into the order requiring the preparation of an environmental

impact statement.

(i) The responsible governmental unit must, 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 must 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 must participate. The responsible governmental unit must 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 must use 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 must 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 must 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 has 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 must 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 must 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. 3.

Minnesota Statutes 2024, section 116D.045, is amended to read:

116D.045 ENVIRONMENTAL IMPACT STATEMENTS
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AND HEALTH IMPACT

ASSESSMENTS
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; COSTS.

Subdivision 1.

Assessment.

The board must by rule adopt procedures to:

(1) assess the proposer of a specific action for the responsible governmental unit's

reasonable costs of preparing, reviewing, and distributing the environmental impact statement.

The costs must be determined by the responsible governmental unit according to the rules

adopted by the board;
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and
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(2) assess the proposer of a specific action for the reasonable costs of preparing,

reviewing, and distributing a health impact assessment. These rules must be adopted in

consultation with the commissioner of health; and

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(2)
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(3)
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authorize a responsible governmental unit to allow a proposer of a specific action

to prepare a draft environmental impact statement according to section
116D.04, subdivision

2a
, paragraph (k).

Subd. 2.

Modification.

In the event of a disagreement between the proposer of the action

and the responsible governmental unit over the cost of an environmental impact statement
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or health impact assessment
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, the responsible governmental unit shall consult with the board,

which may modify the cost or determine that the cost assessed by the responsible

governmental unit is reasonable.

Subd. 3.

Use of assessment.

As necessary, the responsible governmental unit shall assess

the project proposer for reasonable costs that the responsible governmental unit
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or the

commissioner of health
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incurs in preparing, reviewing, and distributing
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the
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an
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environmental

impact statement
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and health impact assessment,
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and the proposer shall pay the assessed cost

to the responsible governmental unit. Money received under this subdivision by a responsible

governmental unit may be retained by the unit for the same purposes. Money received by

a state agency must be credited to a special account and is appropriated to the agency to

cover the assessed costs incurred.

Subd. 4.

Partial cost to be paid.

No responsible governmental unit shall commence the

preparation of an environmental impact statement
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or health impact assessment
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until at least

one-half of the assessed cost of the environmental impact statement is paid pursuant to

subdivision 3. Other laws notwithstanding, no state agency may issue any permits for the

construction or operation of a project for which an environmental impact statement
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or health

impact assessment
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is prepared until the assessed cost for the environmental impact statement
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or health impact assessment
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has been paid in full.

Sec. 4.

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[116D.055] HEALTH IMPACT ASSESSMENT.

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Subdivision 1.

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When required; timing.

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(a) This section is effective January 1, 2028.

An environmental assessment worksheet and an environmental analysis document used for

alternative environmental review must contain questions to determine whether a proposed

project has the potential to result in significant, cumulative human health effects. A health

impact assessment must be prepared:

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(1) when an environmental impact statement is prepared under section 116D.04; or

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(2) for a project in which initial analysis under section 116D.04, subdivision 2a, 4a, or

5a, demonstrates the potential to result in significant, cumulative human health effects.

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(b) A health impact assessment must be initiated at the time an environmental impact

statement or alternative review is initiated and must be completed no later than when the

environmental impact statement or alternative review is completed.

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(c) A health impact assessment must incorporate public engagement, traditional

knowledge, qualitative analysis, and quantitative analysis, and its process and analysis must

be coordinated with but independent of the responsible governmental unit.

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Subd. 2.

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Duties of commissioner of health.

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(a) The commissioner of health must

facilitate preparation of health impact assessments by:

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(1) selecting a qualified independent contractor to prepare a health impact assessment;

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(2) providing technical assistance in preparing the health impact assessment; and

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(3) providing grants to Tribal Nations and local communities that may be impacted by

the proposed project to support and enhance public engagement in the health impact

assessment process. Grants may be used for the following costs related to a health impact

assessment: public notices, travel, meetings, digital and online communications, and printing.

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(b) In performing these duties, the commissioner of health must consider existing health

disparities in Tribal Nations and local communities that may be impacted by the proposed

project, particularly communities in rural areas and communities with low-income, nonwhite,

or limited English proficiency members.

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Subd. 3.

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Preparation of health impact assessment.

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(a) A health impact assessment

must be prepared by a qualified independent contractor selected by the commissioner of

health. In preparing a health impact assessment, the contractor must consider state, federal,

and Tribal standards and health-based guidances and other evidence of health effects. The

contractor must invite representatives of affected Tribal Nations; medical professionals,

public health professionals, and social service providers from the area that may be impacted

by the proposed project; members of the public with knowledge of local culture and health

disparities in the area that may be impacted by the proposed project; and people with pertinent

academic or scientific knowledge to participate in a steering committee to guide the scope

and methodology of the health impact assessment.

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(b) A health impact assessment must:

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(1) be independent of and must not be influenced by the project proposer or the

responsible governmental unit; and

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(2) assess the cumulative health effects of the proposed project and the reasonably

foreseeable actions on current and future communities, including communities that are

downwind, airsheds, and watersheds.

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(c) Before preparing a final health impact assessment, the contractor must provide a

draft of the health impact assessment to Tribal Nations and local communities that may be

impacted by the proposed project. The contractor must accept comments on the draft health

impact assessment from the Tribal Nations and local communities during a comment period

of at least 60 days.

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(d) The contractor must make available to the public, at no cost:

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(1) all monitoring, health risk assessment, modeling, and other qualitative and quantitative

information related to a health impact assessment, during the health impact assessment

process;

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(2) all health impact assessment drafts; and

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(3) the final health impact assessment.

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Subd. 4.

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Costs.

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The responsible governmental unit must include the reasonable costs of

conducting a health impact assessment in the costs assessed to the project proposer according

to section 116D.045. Costs of the health impact assessment must include but are not limited

to:

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(1) reasonable costs of the qualified independent contractor selected by the commissioner

of health to prepare the health impact assessment. These costs must include the costs of

consulting with affected Tribal Nations and local communities;

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(2) reasonable costs for the commissioner of health to provide technical assistance in

preparing the health impact assessment; and

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(3) reasonable costs to support public engagement in the health impact assessment

process, including but not limited to costs for public notices, travel, meetings, digital and

online communications, and printing.

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Sec. 5.
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ENVIRONMENTAL REVIEW; RULES.
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By January 1, 2028, the Environmental Quality Board must amend Minnesota Rules,

chapter 4410, to require environmental assessment worksheets and alternative forms of

environmental review to provide the information necessary to determine whether a project

has the potential for significant, cumulative health effects and requires a health impact

assessment under Minnesota Statutes, section 116D.055.

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Sec. 6.
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APPROPRIATION.
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$....... in fiscal year 2027 is appropriated from the general fund to the commissioner of

health for duties under Minnesota Statutes, section 116D.055, subdivision 2, related to

performing health impact assessments.

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