Minnesota 2025-2026 Regular Session

Minnesota House Bill HF3007 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to natural resources; providing for evaluation and permitting of projects
3	3	1.3 requiring large water appropriations; amending Minnesota Statutes 2024, sections
4	4	1.4 103G.265, by adding a subdivision; 103G.271, by adding a subdivision; 116D.04,
5	5	1.5 by adding a subdivision.
6	6	1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
7	7	1.7 Section 1. Minnesota Statutes 2024, section 103G.265, is amended by adding a subdivision
8	8	1.8to read:
9	9	1.9 Subd. 5.Preapplication evaluation of large water appropriation projects.(a) This
10	10	1.10subdivision applies to a project for which the proposed consumptive use exceeds 100,000,000
11	11	1.11gallons per year or 250,000 gallons per day, whether under an existing permit, as the result
12	12	1.12of a permit amendment, or under a new individual permit.
13	13	1.13 (b) To ensure that a project is compatible with the needs of other current and future
14	14	1.14water users, to help maintain the water allocation priorities established under section
15	15	1.15103G.261, to ensure adequate water supply in areas of the state with limited water
16	16	1.16availability, and to promote a more efficient and timely permitting process, potential
17	17	1.17applicants or persons working on behalf of potential applicants are encouraged to discuss
18	18	1.18the project with the commissioner as early in the project development process as possible,
19	19	1.19preferably before a final project site has been selected, project design has been finalized,
20	20	1.20or land has been acquired.
21	21	1.21 (c) A city or county employee who has been contacted by a person regarding a project
22	22	1.22that is likely to be subject to this subdivision must, even if no final decision has been made
23	23	1.23on the project's location, notify the commissioner in writing within ten business days of the
24	24	1Section 1.
25	25	REVISOR CKM/ES 25-0519503/26/25
26	26	State of Minnesota
27	27	This Document can be made available
28	28	in alternative formats upon request
29	29	HOUSE OF REPRESENTATIVES
30	30	H. F. No. 3007
31	31	NINETY-FOURTH SESSION
32	32	Authored by Fischer and Acomb04/01/2025
33	33	The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy 2.1contact, providing the name of and contact information for the person and potential project
34	34	2.2locations.
35	35	2.3 (d) In response to a contact from a potential applicant, the commissioner may request
36	36	2.4preapplication information that is helpful in assisting the commissioner to assess the factors
37	37	2.5affecting the ability of a water source to meet a project's water use needs at potential
38	38	2.6locations, including:
39	39	2.7 (1) a project description, including all potential locations;
40	40	2.8 (2) the project's estimated maximum daily, seasonal, and annual water use rates and
41	41	2.9volumes;
42	42	2.10 (3) the anticipated source of water;
43	43	2.11 (4) water quality or temperature requirements; and
44	44	2.12 (5) any additional information the commissioner requires to assist in assessing the ability
45	45	2.13of a water source to meet a project's water use needs.
46	46	2.14 (e) The commissioner must evaluate the information supplied by a potential applicant
47	47	2.15under this subdivision and must respond in writing, which may be electronically transmitted,
48	48	2.16describing potential water availability constraints at each potential project location.
49	49	2.17 (f) In determining the impact of a potential project on water quality and quantity, the
50	50	2.18commissioner may consult with the commissioners of health, agriculture, the Pollution
51	51	2.19Control Agency, and other state agencies.
52	52	2.20 (g) Any communication made or information exchanged under this subdivision between
53	53	2.21a potential applicant and a government agency, or between government agencies, is nonpublic
54	54	2.22data, as defined in section 13.02, until the project is either abandoned or the applicant files
55	55	2.23an application for a water use permit under section 103G.285 or 103G.287, after which the
56	56	2.24data is public.
57	57	2.25 (h) None of the discussions, filings, or evaluations made under this subdivision preclude
58	58	2.26or supplant environmental review, preliminary well construction approval, appropriation
59	59	2.27permit review, or any other requirements under federal, state, or local law.
60	60	2.28 EFFECTIVE DATE.This section is effective the day following final enactment.
61	61	2Section 1.
62	62	REVISOR CKM/ES 25-0519503/26/25 3.1 Sec. 2. Minnesota Statutes 2024, section 103G.271, is amended by adding a subdivision
63	63	3.2to read:
64	64	3.3 Subd. 5b.Large water appropriation projects; permit conditions.In issuing water-use
65	65	3.4permits to applicants that meet the criteria in section 103G.265, subdivision 5, the
66	66	3.5commissioner must ensure that:
67	67	3.6 (1) water resources of the state are used in the public interest and public health, safety,
68	68	3.7and welfare are adequately protected;
69	69	3.8 (2) technologies that promote water conservation and the efficient use of water are fully
70	70	3.9considered; and
71	71	3.10 (3) water use conflicts are addressed as prescribed in Minnesota Rules, part 6115.0740.
72	72	3.11 EFFECTIVE DATE.This section is effective the day following final enactment.
73	73	3.12 Sec. 3. Minnesota Statutes 2024, section 116D.04, is amended by adding a subdivision to
74	74	3.13read:
75	75	3.14 Subd. 18.Data centers; environmental review.(a) Notwithstanding any law to the
76	76	3.15contrary, the proposed construction of a data center or the expansion of the average hourly
77	77	3.16load of an existing data center by 100 megawatts or more requires preparation of an
78	78	3.17environmental impact statement according to subdivision 2a. The responsible governmental
79	79	3.18unit for the environmental impact statement is the Public Utilities Commission.
80	80	3.19 (b) For purposes of this subdivision, "average hourly load" means the amount of electricity
81	81	3.20consumed by a facility each hour, averaged over an entire year.
82	82	3.21 EFFECTIVE DATE.This section is effective the day following final enactment.
83	83	3Sec. 3.
84	84	REVISOR CKM/ES 25-0519503/26/25