1.1.................... moves to amend H.F. No. 3079 as follows:
1.2Page 3, after line 14, insert:

1.3    "Sec. 4. Minnesota Statutes 2008, section 116D.04, subdivision 2a, is amended to read:
1.4    Subd. 2a. When prepared. Where there is potential for significant environmental
1.5effects resulting from any major governmental action, the action shall be preceded by a
1.6detailed environmental impact statement prepared by the responsible governmental unit.
1.7The environmental impact statement shall be an analytical rather than an encyclopedic
1.8document which describes the proposed action in detail, analyzes its significant
1.9environmental impacts, discusses appropriate alternatives to the proposed action and
1.10their impacts, and explores methods by which adverse environmental impacts of an
1.11action could be mitigated. The environmental impact statement shall also analyze those
1.12economic, employment and sociological effects that cannot be avoided should the action
1.13be implemented. To ensure its use in the decision-making process, the environmental
1.14impact statement shall be prepared as early as practical in the formulation of an action.
1.15No mandatory environmental impact statement may be required for an ethanol plant,
1.16as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than
1.17125,000,000 gallons of ethanol annually and is located outside of the seven-county
1.18metropolitan area.
1.19(a) The board shall by rule establish categories of actions for which environmental
1.20impact statements and for which environmental assessment worksheets shall be prepared
1.21as well as categories of actions for which no environmental review is required under
1.22this section.
1.23(b) The responsible governmental unit shall promptly publish notice of the
1.24completion of an environmental assessment worksheet in a manner to be determined by
1.25the board and shall provide copies of the environmental assessment worksheet to the board
1.26and its member agencies. Comments on the need for an environmental impact statement
1.27may be submitted to the responsible governmental unit during a 30 day period following
2.1publication of the notice that an environmental assessment worksheet has been completed.
2.2The responsible governmental unit's decision on the need for an environmental impact
2.3statement shall be based on the environmental assessment worksheet and the comments
2.4received during the comment period, and shall be made within 15 days after the close of
2.5the comment period. The board's chair may extend the 15 day period by not more than 15
2.6additional days upon the request of the responsible governmental unit.
2.7(c) An environmental assessment worksheet shall also be prepared for a proposed
2.8action whenever material evidence accompanying a petition by not less than 25
2.9individuals, submitted before the proposed project has received final approval by the
2.10appropriate governmental units, demonstrates that, because of the nature or location of a
2.11proposed action, there may be potential for significant environmental effects. Petitions
2.12requesting the preparation of an environmental assessment worksheet shall be submitted to
2.13the board. The chair of the board shall determine the appropriate responsible governmental
2.14unit and forward the petition to it. A decision on the need for an environmental assessment
2.15worksheet shall be made by the responsible governmental unit within 15 days after the
2.16petition is received by the responsible governmental unit. The board's chair may extend
2.17the 15 day period by not more than 15 additional days upon request of the responsible
2.18governmental unit.
2.19(d) Except in an environmentally sensitive location where Minnesota Rules, part
2.204410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
2.21review under this chapter and rules of the board, if:
2.22(1) the proposed action is:
2.23(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
2.24(ii) an expansion of an existing animal feedlot facility with a total cumulative
2.25capacity of less than 1,000 animal units;
2.26(2) the application for the animal feedlot facility includes a written commitment by
2.27the proposer to design, construct, and operate the facility in full compliance with Pollution
2.28Control Agency feedlot rules; and
2.29(3) the county board holds a public meeting for citizen input at least ten business
2.30days prior to the Pollution Control Agency or county issuing a feedlot permit for the
2.31animal feedlot facility unless another public meeting for citizen input has been held with
2.32regard to the feedlot facility to be permitted. The exemption in this paragraph is in
2.33addition to other exemptions provided under other law and rules of the board.
2.34(e) The board may, prior to final approval of a proposed project, require preparation
2.35of an environmental assessment worksheet by a responsible governmental unit selected
3.1by the board for any action where environmental review under this section has not been
3.2specifically provided for by rule or otherwise initiated.
3.3(f) An early and open process shall be utilized to limit the scope of the environmental
3.4impact statement to a discussion of those impacts, which, because of the nature or location
3.5of the project, have the potential for significant environmental effects. The same process
3.6shall be utilized to determine the form, content and level of detail of the statement as well
3.7as the alternatives which are appropriate for consideration in the statement. In addition,
3.8the permits which will be required for the proposed action shall be identified during the
3.9scoping process. Further, the process shall identify those permits for which information
3.10will be developed concurrently with the environmental impact statement. The board
3.11shall provide in its rules for the expeditious completion of the scoping process. The
3.12determinations reached in the process shall be incorporated into the order requiring the
3.13preparation of an environmental impact statement.
3.14(g) The responsible governmental unit shall, to the extent practicable, avoid
3.15duplication and ensure coordination between state and federal environmental review
3.16and between environmental review and environmental permitting. Whenever practical,
3.17information needed by a governmental unit for making final decisions on permits or
3.18other actions required for a proposed project shall be developed in conjunction with the
3.19preparation of an environmental impact statement.
3.20(h) An environmental impact statement shall be prepared and its adequacy
3.21determined within 280 days after notice of its preparation unless the time is extended by
3.22consent of the parties or by the governor for good cause. The responsible governmental
3.23unit shall determine the adequacy of an environmental impact statement, unless within 60
3.24days after notice is published that an environmental impact statement will be prepared,
3.25the board chooses to determine the adequacy of an environmental impact statement. If an
3.26environmental impact statement is found to be inadequate, the responsible governmental
3.27unit shall have 60 days to prepare an adequate environmental impact statement."
3.28Renumber the sections in sequence and correct the internal references
3.29Amend the title accordingly