SF 4296

1st Engrossment - 94th Legislature (2025 - 2026)

Posted on 03/19/2026 09:38 a.m.

A bill for an act
relating to local government; requiring public hearings and certain disclosures
prior to approval of data center development; proposing coding for new law in
Minnesota Statutes, chapter 462.

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

Section 1.

new text begin [462.3599] DATA CENTERS.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Armed with a firearm" has the meaning given in section 326.32, subdivision 1a.
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new text begin (c) "Armed with a weapon" has the meaning given in section 326.32, subdivision 1b.
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new text begin (d) "Data center" means a facility composed of one or more buildings that has a primary
purpose of providing for the storage, management, or processing of digital data.
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new text begin (e) "End user" means the owner or operator of a constructed data center.
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new text begin (f) "Municipality" means a county, home rule charter or statutory city, or town.
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new text begin (g) "Security guard" has the meaning given in section 326.32, subdivision 13.
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new text begin Subd. 2. new text end

new text begin Public hearings required. new text end

new text begin A municipality must hold at least two public hearings
prior to the approval of a rezoning petition or an application for a conditional use or special
use permit made for the construction of a data center.
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new text begin Subd. 3. new text end

new text begin Disclosures required. new text end

new text begin (a) At least one public hearing under subdivision 2 must
be solely for the purpose of informing the public of the petition or application. The
municipality must disclose the following information at least 48 hours before the public
hearing:
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new text begin (1) the name of the petitioner or applicant;
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new text begin (2) the name of the anticipated end user of the proposed data center;
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new text begin (3) the location and size of the proposed data center;
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new text begin (4) if the data center is located within or abuts an area zoned for residential use, the
estimated number of security guards employed to protect the data center site during and
after construction and whether any security guard will be armed with a firearm or armed
with a weapon; and
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new text begin (5) the estimated scope of utilities necessary for operation of the proposed data center,
including but not limited to fuel lines, sewer, stormwater, and electricity.
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new text begin (b) Forty-eight hours before any public meeting held to vote on approval of a petition
or application, the municipality must disclose the information required under paragraph (a).
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new text begin (c) A municipality may make the disclosures required under this subdivision by posting
the information on the municipality's website or by making the same information available
for inspection at a reasonable time and place.
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new text begin Subd. 4. new text end

new text begin Effect of private agreements. new text end

new text begin The disclosure requirements under subdivision
3 apply notwithstanding any nondisclosure agreement or other contract signed by a
municipality or an agent of a municipality.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2026, and applies to agreements
entered into before, on, or after that date.
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