1.1.................... moves to amend H.F. No. 716 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2010, section 116D.04, subdivision 2a, as amended by
1.4Laws 2011, chapter 4, section 6, is amended to read:
1.5    Subd. 2a. When prepared. Where there is potential for significant environmental
1.6effects resulting from any major governmental action, the action shall be preceded by a
1.7detailed environmental impact statement prepared by the responsible governmental unit.
1.8The environmental impact statement shall be an analytical rather than an encyclopedic
1.9document which describes the proposed action in detail, analyzes its significant
1.10environmental impacts, discusses appropriate alternatives to the proposed action and
1.11their impacts, and explores methods by which adverse environmental impacts of an
1.12action could be mitigated. The environmental impact statement shall also analyze those
1.13economic, employment and sociological effects that cannot be avoided should the action
1.14be implemented. To ensure its use in the decision-making process, the environmental
1.15impact statement shall be prepared as early as practical in the formulation of an action.
1.16No mandatory environmental impact statement may be required for an ethanol plant,
1.17as defined in section 41A.09, subdivision 2a, paragraph (b), that produces less than
1.18125,000,000 gallons of ethanol annually and is located outside of the seven-county
1.19metropolitan area.
1.20(a) The board shall by rule establish categories of actions for which environmental
1.21impact statements and for which environmental assessment worksheets shall be prepared
1.22as well as categories of actions for which no environmental review is required under this
1.23section. A mandatory environmental assessment worksheet shall not be required for the
1.24construction or expansion of an ethanol plant, as defined in section 41A.09, subdivision
1.252a, paragraph (b), based on the capacity of the new or expanded facility to produce
1.26alcohol fuel, but must be required if the ethanol plant meets or exceeds thresholds of
1.27other categories of actions for which environmental worksheets must be prepared. The
2.1responsible governmental unit for an ethanol plant project for which an environmental
2.2worksheet is prepared shall be the state agency with the greatest responsibility for
2.3supervising or approving the project as a whole.
2.4(b) The responsible governmental unit shall promptly publish notice of the
2.5completion of an environmental assessment worksheet in a manner to be determined by
2.6the board and shall provide copies of the environmental assessment worksheet to the board
2.7and its member agencies. Comments on the need for an environmental impact statement
2.8may be submitted to the responsible governmental unit during a 30-day period following
2.9publication of the notice that an environmental assessment worksheet has been completed.
2.10The responsible governmental unit's decision on the need for an environmental impact
2.11statement shall be based on the environmental assessment worksheet and the comments
2.12received during the comment period, and shall be made within 15 days after the close of
2.13the comment period. The board's chair may extend the 15-day period by not more than 15
2.14additional days upon the request of the responsible governmental unit.
2.15(c) An environmental assessment worksheet shall also be prepared for a proposed
2.16action whenever material evidence accompanying a petition by not less than 25
2.17individuals, submitted before the proposed project has received final approval by the
2.18appropriate governmental units, demonstrates that, because of the nature or location of a
2.19proposed action, there may be potential for significant environmental effects. Petitions
2.20requesting the preparation of an environmental assessment worksheet shall be submitted to
2.21the board. The chair of the board shall determine the appropriate responsible governmental
2.22unit and forward the petition to it. A decision on the need for an environmental assessment
2.23worksheet shall be made by the responsible governmental unit within 15 days after the
2.24petition is received by the responsible governmental unit. The board's chair may extend
2.25the 15-day period by not more than 15 additional days upon request of the responsible
2.26governmental unit.
2.27(d) Except in an environmentally sensitive location where Minnesota Rules, part
2.284410.4300, subpart 29, item B, applies, the proposed action is exempt from environmental
2.29review under this chapter and rules of the board, if:
2.30(1) the proposed action is:
2.31(i) an animal feedlot facility with a capacity of less than 1,000 animal units; or
2.32(ii) an expansion of an existing animal feedlot facility with a total cumulative
2.33capacity of less than 1,000 animal units;
2.34(2) the application for the animal feedlot facility includes a written commitment by
2.35the proposer to design, construct, and operate the facility in full compliance with Pollution
2.36Control Agency feedlot rules; and
3.1(3) the county board holds a public meeting for citizen input at least ten business
3.2days prior to the Pollution Control Agency or county issuing a feedlot permit for the
3.3animal feedlot facility unless another public meeting for citizen input has been held with
3.4regard to the feedlot facility to be permitted. The exemption in this paragraph is in
3.5addition to other exemptions provided under other law and rules of the board.
3.6(e) The board may, prior to final approval of a proposed project, require preparation
3.7of an environmental assessment worksheet by a responsible governmental unit selected
3.8by the board for any action where environmental review under this section has not been
3.9specifically provided for by rule or otherwise initiated.
3.10(f) An early and open process shall be utilized to limit the scope of the environmental
3.11impact statement to a discussion of those impacts, which, because of the nature or location
3.12of the project, have the potential for significant environmental effects. The same process
3.13shall be utilized to determine the form, content and level of detail of the statement as well
3.14as the alternatives which are appropriate for consideration in the statement. In addition,
3.15the permits which will be required for the proposed action shall be identified during the
3.16scoping process. Further, the process shall identify those permits for which information
3.17will be developed concurrently with the environmental impact statement. The board
3.18shall provide in its rules for the expeditious completion of the scoping process. The
3.19determinations reached in the process shall be incorporated into the order requiring the
3.20preparation of an environmental impact statement.
3.21(g) The responsible governmental unit shall, to the extent practicable, avoid
3.22duplication and ensure coordination between state and federal environmental review
3.23and between environmental review and environmental permitting. Whenever practical,
3.24information needed by a governmental unit for making final decisions on permits or
3.25other actions required for a proposed project shall be developed in conjunction with the
3.26preparation of an environmental impact statement.
3.27(h) An environmental impact statement shall be prepared and its adequacy
3.28determined within 280 days after notice of its preparation unless the time is extended by
3.29consent of the parties or by the governor for good cause. The responsible governmental
3.30unit shall determine the adequacy of an environmental impact statement, unless within 60
3.31days after notice is published that an environmental impact statement will be prepared,
3.32the board chooses to determine the adequacy of an environmental impact statement. If an
3.33environmental impact statement is found to be inadequate, the responsible governmental
3.34unit shall have 60 days to prepare an adequate environmental impact statement.
3.35(i) The proposer of a specific action may include in the information submitted to the
3.36responsible governmental unit a preliminary draft environmental impact statement under
4.1this section on that action for review, modification, and determination of completeness and
4.2adequacy by the responsible governmental unit. A preliminary draft environmental impact
4.3statement prepared by the project proposer and submitted to the responsible governmental
4.4unit shall identify or include as an appendix all studies and other sources of information
4.5used to substantiate the analysis contained in the preliminary draft environmental impact
4.6statement. The responsible governmental unit shall require additional studies, if needed,
4.7and obtain from the project proposer all additional studies and information necessary for
4.8the responsible governmental unit to perform its responsibility to review, modify, and
4.9determine the completeness and adequacy of the environmental impact statement."
4.10Delete the title and insert:
4.12relating to the environment; modifying environmental review requirements for
4.13certain facilities; amendingamending Minnesota Statutes 2010, section 116D.04,
4.14subdivision 2a, as amended."