Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3320 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	25-05195 as introduced03/26/25 REVISOR CKM/ES
26	26	SENATE
27	27	STATE OF MINNESOTA
28	28	S.F. No. 3320NINETY-FOURTH SESSION
29	29	(SENATE AUTHORS: JOHNSON STEWART)
30	30	OFFICIAL STATUSD-PGDATE
31	31	Introduction and first reading04/07/2025
32	32	Referred to Environment, Climate, and Legacy 2.1contact, providing the name of and contact information for the person and potential project
33	33	2.2locations.
34	34	2.3 (d) In response to a contact from a potential applicant, the commissioner may request
35	35	2.4preapplication information that is helpful in assisting the commissioner to assess the factors
36	36	2.5affecting the ability of a water source to meet a project's water use needs at potential
37	37	2.6locations, including:
38	38	2.7 (1) a project description, including all potential locations;
39	39	2.8 (2) the project's estimated maximum daily, seasonal, and annual water use rates and
40	40	2.9volumes;
41	41	2.10 (3) the anticipated source of water;
42	42	2.11 (4) water quality or temperature requirements; and
43	43	2.12 (5) any additional information the commissioner requires to assist in assessing the ability
44	44	2.13of a water source to meet a project's water use needs.
45	45	2.14 (e) The commissioner must evaluate the information supplied by a potential applicant
46	46	2.15under this subdivision and must respond in writing, which may be electronically transmitted,
47	47	2.16describing potential water availability constraints at each potential project location.
48	48	2.17 (f) In determining the impact of a potential project on water quality and quantity, the
49	49	2.18commissioner may consult with the commissioners of health, agriculture, the Pollution
50	50	2.19Control Agency, and other state agencies.
51	51	2.20 (g) Any communication made or information exchanged under this subdivision between
52	52	2.21a potential applicant and a government agency, or between government agencies, is nonpublic
53	53	2.22data, as defined in section 13.02, until the project is either abandoned or the applicant files
54	54	2.23an application for a water use permit under section 103G.285 or 103G.287, after which the
55	55	2.24data is public.
56	56	2.25 (h) None of the discussions, filings, or evaluations made under this subdivision preclude
57	57	2.26or supplant environmental review, preliminary well construction approval, appropriation
58	58	2.27permit review, or any other requirements under federal, state, or local law.
59	59	2.28 EFFECTIVE DATE.This section is effective the day following final enactment.
60	60	2Section 1.
61	61	25-05195 as introduced03/26/25 REVISOR CKM/ES 3.1 Sec. 2. Minnesota Statutes 2024, section 103G.271, is amended by adding a subdivision
62	62	3.2to read:
63	63	3.3 Subd. 5b.Large water appropriation projects; permit conditions.In issuing water-use
64	64	3.4permits to applicants that meet the criteria in section 103G.265, subdivision 5, the
65	65	3.5commissioner must ensure that:
66	66	3.6 (1) water resources of the state are used in the public interest and public health, safety,
67	67	3.7and welfare are adequately protected;
68	68	3.8 (2) technologies that promote water conservation and the efficient use of water are fully
69	69	3.9considered; and
70	70	3.10 (3) water use conflicts are addressed as prescribed in Minnesota Rules, part 6115.0740.
71	71	3.11 EFFECTIVE DATE.This section is effective the day following final enactment.
72	72	3.12 Sec. 3. Minnesota Statutes 2024, section 116D.04, is amended by adding a subdivision to
73	73	3.13read:
74	74	3.14 Subd. 18.Data centers; environmental review.(a) Notwithstanding any law to the
75	75	3.15contrary, the proposed construction of a data center or the expansion of the average hourly
76	76	3.16load of an existing data center by 100 megawatts or more requires preparation of an
77	77	3.17environmental impact statement according to subdivision 2a. The responsible governmental
78	78	3.18unit for the environmental impact statement is the Public Utilities Commission.
79	79	3.19 (b) For purposes of this subdivision, "average hourly load" means the amount of electricity
80	80	3.20consumed by a facility each hour, averaged over an entire year.
81	81	3.21 EFFECTIVE DATE.This section is effective the day following final enactment.
82	82	3Sec. 3.
83	83	25-05195 as introduced03/26/25 REVISOR CKM/ES