SF 3320

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/10/2025 09:12 a.m.

A bill for an act
relating to natural resources; providing for evaluation and permitting of projects
requiring large water appropriations; amending Minnesota Statutes 2024, sections
103G.265, by adding a subdivision; 103G.271, by adding a subdivision; 116D.04,
by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 103G.265, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Preapplication evaluation of large water appropriation projects. new text end

new text begin (a) This
subdivision applies to a project for which the proposed consumptive use exceeds 100,000,000
gallons per year or 250,000 gallons per day, whether under an existing permit, as the result
of a permit amendment, or under a new individual permit.
new text end

new text begin (b) To ensure that a project is compatible with the needs of other current and future
water users, to help maintain the water allocation priorities established under section
103G.261, to ensure adequate water supply in areas of the state with limited water
availability, and to promote a more efficient and timely permitting process, potential
applicants or persons working on behalf of potential applicants are encouraged to discuss
the project with the commissioner as early in the project development process as possible,
preferably before a final project site has been selected, project design has been finalized,
or land has been acquired.
new text end

new text begin (c) A city or county employee who has been contacted by a person regarding a project
that is likely to be subject to this subdivision must, even if no final decision has been made
on the project's location, notify the commissioner in writing within ten business days of the
contact, providing the name of and contact information for the person and potential project
locations.
new text end

new text begin (d) In response to a contact from a potential applicant, the commissioner may request
preapplication information that is helpful in assisting the commissioner to assess the factors
affecting the ability of a water source to meet a project's water use needs at potential
locations, including:
new text end

new text begin (1) a project description, including all potential locations;
new text end

new text begin (2) the project's estimated maximum daily, seasonal, and annual water use rates and
volumes;
new text end

new text begin (3) the anticipated source of water;
new text end

new text begin (4) water quality or temperature requirements; and
new text end

new text begin (5) any additional information the commissioner requires to assist in assessing the ability
of a water source to meet a project's water use needs.
new text end

new text begin (e) The commissioner must evaluate the information supplied by a potential applicant
under this subdivision and must respond in writing, which may be electronically transmitted,
describing potential water availability constraints at each potential project location.
new text end

new text begin (f) In determining the impact of a potential project on water quality and quantity, the
commissioner may consult with the commissioners of health, agriculture, the Pollution
Control Agency, and other state agencies.
new text end

new text begin (g) Any communication made or information exchanged under this subdivision between
a potential applicant and a government agency, or between government agencies, is nonpublic
data, as defined in section 13.02, until the project is either abandoned or the applicant files
an application for a water use permit under section 103G.285 or 103G.287, after which the
data is public.
new text end

new text begin (h) None of the discussions, filings, or evaluations made under this subdivision preclude
or supplant environmental review, preliminary well construction approval, appropriation
permit review, or any other requirements under federal, state, or local law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2024, section 103G.271, is amended by adding a subdivision
to read:

new text begin Subd. 5b. new text end

new text begin Large water appropriation projects; permit conditions. new text end

new text begin In issuing water-use
permits to applicants that meet the criteria in section 103G.265, subdivision 5, the
commissioner must ensure that:
new text end

new text begin (1) water resources of the state are used in the public interest and public health, safety,
and welfare are adequately protected;
new text end

new text begin (2) technologies that promote water conservation and the efficient use of water are fully
considered; and
new text end

new text begin (3) water use conflicts are addressed as prescribed in Minnesota Rules, part 6115.0740.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2024, section 116D.04, is amended by adding a subdivision to
read:

new text begin Subd. 18. new text end

new text begin Data centers; environmental review. new text end

new text begin (a) Notwithstanding any law to the
contrary, the proposed construction of a data center or the expansion of the average hourly
load of an existing data center by 100 megawatts or more requires preparation of an
environmental impact statement according to subdivision 2a. The responsible governmental
unit for the environmental impact statement is the Public Utilities Commission.
new text end

new text begin (b) For purposes of this subdivision, "average hourly load" means the amount of electricity
consumed by a facility each hour, averaged over an entire year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end