SF5109

Purpose

This bill would add health considerations to Minnesota’s environmental review process. It requires health impact assessments (HIAs) in certain cases to evaluate how proposed government actions could affect human health. It also creates new duties for the Commissioner of Health, authorizes rulemaking by the Environmental Quality Board (EQB), and provides funding to support these changes. In short, it aims to ensure health effects are systematically analyzed alongside environmental impacts for major projects.

Key Provisions

• Health Impact Assessments (HIAs)

  • An HIA is a systematic, evidence-based process used before decisions are made on a proposed action to identify and assess potential human health effects.
  • An HIA must be initiated when an environmental review is being prepared and there is potential for significant cumulative health effects, or when an Environmental Impact Statement (EIS) is prepared under current law.
  • HIAs must be completed no later than when the environmental review is completed and must involve public engagement, traditional knowledge, and quantitative and qualitative analysis.
  • The Commissioner of Health is responsible for facilitating HIAs, including selecting a qualified independent contractor, providing technical assistance, and offering grants to Tribal Nations and local communities to support public engagement.

• Environmental Review and EIS Changes

  • For major governmental actions with potential significant environmental effects, an EIS is required and must be analytical (not encyclopedic) and cover description, alternatives, mitigation, and related economic, employment, and sociological effects.
  • The EQB will create rules classifying which actions require an EIS, which require an Environmental Assessment Worksheet (EAW), and which are exempt.
  • New rules would require consideration of cumulative health effects and health impact assessments in determining whether an EIS or HIA is needed.
  • Early scoping is required to limit the scope of the EIS to significant impacts, and permits needed should be identified during scoping.
  • The process allows for consolidated hearings when multiple permits are involved, with coordination to protect each agency’s requirements.
  • Time limits: an EIS must be prepared and its adequacy determined within 280 days after notice of preparation, with extensions possible for good cause.

• Exemptions and Special Rules

  • There are specific exemptions for certain ethanol/biobutanol facilities (e.g., plant expansions or conversions meeting certain thresholds), though other action categories may still trigger environmental review.
  • Other exemptions may apply based on location, size, or other criteria outlined by rules.

• Costs and Funding

  • The board will adopt rules to determine reasonable costs of preparing, reviewing, and distributing the EIS and HIAs, with costs charged to the project proposer.
  • A proposer may prepare a draft EIS under certain conditions.
  • Partial payment is required before starting EIS work; no permits may be issued for projects until these costs are paid in full.
  • Money collected stays with the responsible governmental unit or is credited to an agency’s account to cover these costs.

• Rulemaking and Implementation

  • By January 1, 2028, the EQB must amend Rules Chapter 4410 to require EAWs and other review forms to include information needed to determine potential for significant cumulative health effects and the need for an HIA.
  • An appropriation is provided in fiscal year 2027 from the general fund to the Commissioner of Health to cover duties related to HIAs.

• Timeline and Implementation

  • Health Impact Assessments become effective January 1, 2028.
  • Rule changes by the EQB to implement HIA requirements are due by January 1, 2028.
  • A general fund appropriation is provided for 2027 to support HIA-related duties.

Significant Changes to Existing Law

• Adds health impact assessments as a formal, required component of environmental review for certain major government actions.
• Expands the role and funding of the Minnesota Commissioner of Health in supporting HIAs, including independent contractors, technical assistance, and community grants.
• Introduces explicit consideration of cumulative health effects and stronger public engagement requirements (including Tribal Nations and local communities) in the environmental review process.
• Requires the EQB to modify rules to integrate health impact considerations into EAWs and EIS decisions.
• Shifts some cost responsibilities to project proposers for EIS and HIA work, with payment timelines and potential permit-issuance delays until costs are paid.
• Creates specific exemptions and thresholds related to energy facility projects (ethanol/biobutanol) and other facilities, with conditions for when review is still required.
• Establishes new timelines and processes for EIS development, comment periods, and potential consolidated hearings to streamline multi-permit reviews.

Definitions Snapshot (key terms used)

• health impact assessment (HIA)
• environmental impact statement (EIS)
• environmental assessment worksheet (EAW)
• Environmental Quality Board (EQB)
• responsible governmental unit
• major governmental action
• cumulative health effects
• tribal nations
• independent contractor
• public engagement
• environmental review

Relevant Terms - health impact assessment - environmental impact statement - environmental assessment worksheet - Environmental Quality Board - responsible governmental unit - major governmental action - cumulative health effects - tribal nations - independent contractor - public engagement - environmental review - costs and funding - permit issuance - exemptions (ethanol/biobutanol facilities) - rulemaking - appropriation

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