HF 3977

as introduced - 90th Legislature (2017 - 2018) Posted on 03/19/2018 03:03pm

A bill for an act
relating to agriculture; providing that bee and apiary solar farms are an agricultural
use for purposes of mandatory review of certain state agency actions; modifying
requirements for a solar generation site claimed to provide habitat beneficial to
birds and pollinators; providing that a bee and apiary solar farm is an agricultural
use for purposes of a metropolitan agricultural preserve; amending Minnesota
Statutes 2016, sections 17.81, subdivision 4; 216B.1642; 473H.02, subdivision 3,
by adding a subdivision; 473H.05, subdivision 1.

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

Section 1.

Minnesota Statutes 2016, section 17.81, subdivision 4, is amended to read:

Subd. 4.

Agricultural use.

"Agricultural use" means use of land for the production of
livestock, dairy animals, dairy products, poultry and poultry products, fur bearing animals,
horticultural and nursery stock which is under chapter 18H, fruit of all kinds, vegetables,
forage, grains, bees, and apiary products. Wetlands, pasture new text begin , bee and apiary solar farms, new text end
and woodlands accompanying land in agricultural use shall be considered to be in agricultural
use.

Sec. 2.

Minnesota Statutes 2016, section 216B.1642, is amended to read:

216B.1642 SOLAR SITE MANAGEMENT.

Subdivision 1.

Site management practices.

An owner of a ground-mounted solar site
with a generating capacity of more than 40 kilowatts may follow site management practices
that (1) provide native perennial vegetation and foraging habitat beneficial to gamebirds,
songbirds, and pollinators, deleted text begin and deleted text end (2) reduce storm water runoff and erosion new text begin , and (3) improve
soil health and water quality new text end at the solar generation site. To the extent practicable, when
establishing perennial vegetation and beneficial foraging habitat, a solar site owner shall
use native plant species and seed mixes under Department of Natural Resources "Prairie
Establishment & Maintenance Technical Guidance for Solar Projects."

Subd. 2.

Recognition of beneficial habitat.

An owner of a solar site implementing deleted text begin solar
site deleted text end management practices under this section may claim that the site provides benefits to
gamebirds, songbirds, and pollinators only if the site adheres to guidance set forth by the
deleted text begin pollinator plan provided by the Board of Water and Soil Resources or any other gamebird,
songbird, or pollinator foraging-friendly deleted text end new text begin pollinator-friendly new text end vegetation standard established
by the Board of Water and Soil Resources. An owner making a beneficial habitat claim
must make the site's vegetation management plan available to the public and provide a copy
of the plan to a Minnesota nonprofit solar industry trade association.

new text begin Subd. 3. new text end

new text begin Site management for production of bee and apiary products. new text end

new text begin An owner of
a solar site implementing management practices under this section may claim that the site
is used for, and beneficial to, agricultural bee and apiary production only if the site:
new text end

new text begin (1) adheres to guidance established by the Board of Water and Soil Resources at a level
to meet or exceed the qualifications for exemplary pollinator habitat, which may require,
at the solar site owner's expense, regular compliance reporting to, and on-site inspection
by, the Board of Water and Soil Resources or a local soil and water conservation district
staff person acting on the board's behalf; and
new text end

new text begin (2) is used for agricultural production of bee or apiary products for commercial sale,
with annual production reporting to the commissioner of agriculture.
new text end

Sec. 3.

Minnesota Statutes 2016, section 473H.02, subdivision 3, is amended to read:

Subd. 3.

Agricultural use.

"Agricultural use" means the production for sale of livestock,
dairy animals, dairy products, poultry or poultry products, fur-bearing animals, horticultural
or nursery stock, fruit, vegetables, forage, grains, or bees and apiary products. Wetlands,
pasture new text begin , bee and apiary solar farms, new text end and woodlands accompanying land in agricultural use
shall be deemed to be in agricultural use.

Sec. 4.

Minnesota Statutes 2016, section 473H.02, is amended by adding a subdivision to
read:

new text begin Subd. 4a. new text end

new text begin Bee and apiary solar farm. new text end

new text begin "Bee and apiary solar farm" means the site of a
ground-mounted photovoltaic solar energy system with a generating capacity of more than
40 kilowatts that is used for, and beneficial to, agricultural bee and apiary production under
section 216B.1642, subdivision 3.
new text end

Sec. 5.

Minnesota Statutes 2016, section 473H.05, subdivision 1, is amended to read:

Subdivision 1.

Before June 1 for next year's taxes.

An owner or owners of certified
long-term agricultural land may apply to the authority with jurisdiction over the land on
forms provided by the commissioner of agriculture for the creation of an agricultural preserve
at any time. Land for which application is received prior to June 1 of any year shall be
assessed pursuant to section 473H.10 for taxes payable in the following year. Land for
which application is received on or after June 1 of any year shall be assessed pursuant to
section 473H.10 in the following year. The application shall be executed and acknowledged
in the manner required by law to execute and acknowledge a deed and shall contain at least
the following information and such other information as the commissioner deems necessary:

(a) Legal description of the area proposed to be designated and parcel identification
numbers if so designated by the county auditor and the certificate of title number if the land
is registered;

(b) Name and address of owner;

(c) An affidavit by the authority evidencing that the land is certified long-term agricultural
land at the date of application;

(d) A statement by the owner covenanting that the land shall be kept in agricultural use,
and shall be used in accordance with the provisions of sections 473H.02 to 473H.17 which
exist on the date of application and providing that the restrictive covenant shall be binding
on the owner or the owner's successor or assignee, and shall run with the land. new text begin A covenant
made under this paragraph before January 1, 2019, is not violated if the owner installs a bee
and apiary solar farm on the land.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

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