SF4479

Purpose

• Allow counties to designate certain farmland as “agricultural priority land” and place those parcels on an agricultural priority land list.
• Create protections that limit the ability to issue site permits for large electric power generating plants on land on that list, aiming to preserve agricultural land while allowing county-approved energy projects under certain conditions.

Key Provisions

• Definitions and governing bodies

  • Defines terms used in the act, including the Minnesota Public Utilities Commission (the Commission) and “large electric power generating plant.”
  • CPI rating is the crop productivity index from the USDA’s Web Soil Survey (NRCS).
  • A large electric power generating plant is defined as the type of facility described in current law (216I.02, subdivision 9).

• Creation of the agricultural priority land list (Subdivision 2)

  • Any county may designate parcels within its borders as agricultural priority land and put them on an agricultural priority land list.
  • A parcel qualifies if:
  • more than 50% of its area has a CPI rating greater than 75, or
  • it has been improved with irrigation or drainage and is classified by the NRCS as prime farmland if irrigated, or prime farmland if drained.
  • The list must include for each parcel: legal description, CPI rating (or estimated yield if the higher-CPI criterion doesn’t apply), and total acreage.

• Submission and updates of the list (Subdivision 3)

  • Counties that create the list must submit it to the Commission, which must acknowledge receipt within 30 days.
  • Counties can revise the list within one year of the initial submission; thereafter, revisions are required every five years on the anniversary date of the initial acknowledgment.
  • Counties must inform the Commission in writing if there are no revisions.

• Private owner notice and opt-out (Subdivision 3)

  • At least 90 days before the initial submission, and 90 days before any revised submission, counties must notify private landowners by certified mail about the parcels proposed for inclusion.
  • Notices must include a map, an advisory about the owner’s right to opt out, and instructions and deadlines for opting out.
  • Private owners who want to opt out must contact the county at least 30 days before the county submits the list to the Commission.

• Effect on site permits (Subdivision 4)

  • After a county submits the priority land list, the Commission cannot issue a site permit for a large electric power generating plant located on a parcel on that list, unless specifically allowed under the act.
  • The Commission may issue a site permit for such a plant only if the county board of commissioners passes a resolution consenting to the permit.

Notable Changes to Existing Law

• Adds a new mechanism under Minnesota Statutes Chapter 394 that empowers counties to designate agricultural priority land and restrict certain energy-related developments on those parcels.
• Creates a formal, government-to-government process involving counties and the Minnesota Public Utilities Commission for designating land, notifying private landowners, allowing opt-outs, and governing permit issuance.
• Introduces a mandatory opt-out framework for landowners and ties permit authority to county consent rather than automatic approval on designated parcels.

Practical Implications

• Farmland protection: More farmland with high productivity or prime farmland status can be shielded from siting large electric power plants without county agreement.
• Local control: Counties gain scheduling and veto-like authority over certain energy infrastructure through the opt-out and consent mechanisms.
• Ownership rights: Property owners receive notice and an opt-out option if their land might be designated.

Terminology to Watch

• Agricultural priority land list
• CPI rating (crop productivity index)
• Web Soil Survey (NRCS, USDA)
• Prime farmland (irrigated or drained status)
• Large electric power generating plant
• Site permit
• Minnesota Public Utilities Commission (Commission)
• Opt-out (private landowner opt-out)
• County board of commissioners (county consent)

Relevant Terms - agricultural priority land - CPI rating - Web Soil Survey - prime farmland - irrigated - drainage - NRCS - large electric power generating plant - site permit - Minnesota Public Utilities Commission - opt-out - certified mail - county consent - county board of commissioners