Plain English Breakdown
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HF4290 • 2026
Counties allowed to designate agricultural lands as unsuitable for electric power facilities.
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
The plain English breakdown is still being put together. The official documents below are already here.
Authors added Schwartz and Allen
Introduction and first reading, referred to Agriculture Finance and Policy
Counties allowed to designate agricultural lands as unsuitable for electric power facilities.
A bill for an act relating to local government; allowing counties to designate certain agricultural lands as unsuitable for electric power facilities; proposing coding for new law in Minnesota Statutes, chapter 394. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. new text begin [394.306] AGRICULTURAL PRIORITY LAND LIST. new text end 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. new text end new text begin (b) "Commission" means the Minnesota Public Utilities Commission. new text end new text begin (c) "CPI rating" means the crop productivity index rating assigned by the most recent version of the Web Soil Survey conducted by the United States Department of Agriculture Natural Resources Conservation Service. new text end new text begin (d) "Large electric power generating plant" has the meaning given in section 216I.02, subdivision 9. new text end new text begin Subd. 2. new text end new text begin Creation of agricultural priority land list. new text end new text begin (a) Any county may designate parcels of land within the county's boundaries as agricultural priority land and place the land on an agricultural priority land list. new text end new text begin (b) A parcel qualifies for a county's agricultural priority land list if: new text end new text begin (1) more than 50 percent of the land area of the parcel has a CPI rating of more than 75; or new text end new text begin (2) the parcel has been improved with irrigation or drainage and has been classified by the Natural Resources Conservation Service as prime farmland if irrigated, or prime farmland if drained. new text end new text begin (c) The priority land list must include the total acreage within the county designated as agricultural priority land and, if revised, specific reasons for the revisions. The priority land list also must include the following information regarding each included parcel: new text end new text begin (1) the legal description of the parcel; new text end new text begin (2) the CPI rating of the parcel, or the estimated yield of the parcel if qualified under paragraph (b), clause (2); and new text end new text begin (3) the total acreage of the parcel. new text end new text begin Subd. 3. new text end new text begin Submission of list; landowner opt-out. new text end new text begin (a) A county that has created an agricultural priority land list must submit the list to the commission. The commission must acknowledge receipt of the list in writing within 30 days. A county may submit a revised list to the commission within one year of the county's initial submission. A county thereafter must submit a revised list to the commission every five years on the calendar date the county received an initial acknowledgment from the commission. The county must inform the commission in writing if the county has no revision to the list. new text end new text begin (b) Ninety days before initial submission, and 90 days before submission of any revised list, a county must notify by certified mail all private owners of parcels the county intends to include on the list. The mailing to private owners must include a map showing potentially included parcels, an advisory of an owner's right to opt-out a parcel from inclusion, instructions on how to advise the county of an opt-out, and the opt-out deadline. A private owner who intends to opt-out a parcel must contact the county at least 30 days before the county submits a list to the commission. new text end new text begin Subd. 4. new text end new text begin Effect of list on site permits. new text end new text begin (a) Notwithstanding sections 216I.03 and 216I.18, after a county submits a priority land list to the commission, the commission must not issue a site permit for a large electric power generating plant located on a parcel included on a county's priority land list except as expressly provided in paragraph (b). new text end new text begin (b) The commission may issue a site permit for a large electric power generating plant located on a parcel included on a county's priority land list if the county board of commissioners passes a resolution consenting to the permit. new text end new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2027. new text end