HF3940 (Legislative Session 94 (2025-2026))

Rulemaking to require environmental impact statement for large animal projects required.

Related bill: SF4275

AI Generated Summary

Purpose

The bill aims to require an environmental review for very large livestock operations. Specifically, it would compel the state to assess and disclose environmental impacts before building or expanding a feedlot that can hold 10,000 animal units or more.

Main Provisions

  • Mandatory environmental review: The Environmental Quality Board must change the state's rules to require an environmental impact statement (EIS) for the construction of an animal feedlot facility with a capacity of 10,000 or more animal units, or for expanding an existing feedlot so the total capacity reaches 10,000 or more animal units.
  • Rulemaking authority: The commissioner may use a "good cause" exemption to adopt these rules, meaning the rules could be approved outside the standard lengthy rulemaking process.
  • Exemption notes for rulemaking: The proposed change would not follow the usual Minn. Stat. 14.386 process, except as allowed under Minn. Stat. 14.388.

How this changes current law

  • Adds mandatory environmental review: Previously, large feedlots might not have been required to prepare an EIS under rule, but this bill would require an environmental impact statement for the largest livestock projects (10,000+ animal units).
  • Accelerated rulemaking path: The bill gives the ruling body a mechanism to adopt the rules more quickly by using a good-cause exemption, rather than waiting through the standard rulemaking timeline.

Implementation and scope

  • Who is affected: Developers and operators of large animal feedlots (and expansions reaching 10,000 animal units) would need to prepare an EIS before proceeding.
  • Process focus: The Environmental Quality Board would update Minnesota Rules part 4410.4400 to implement this requirement.

Potential implications

  • Environmental review process added: Projects would undergo more thorough assessment of environmental impacts, including potential effects and mitigation measures.
  • Time and cost considerations: The EIS requirement could lengthen project timelines and increase upfront planning costs.
  • Public involvement: EIS processes typically involve documentation of impacts, consideration of alternatives, and opportunities for public comment.

Limitations

  • The text provided ends mid-section; the bill’s full scope, definitions, and any sunset or transitional provisions are not included here.

Terminology and definitions (for clarity)

  • Environmental Impact Statement (EIS)
  • Environmental Quality Board (EQB)
  • Minnesota Rules part 4410.4400
  • animal feedlot facility
  • animal units
  • 10,000 animal units threshold
  • good-cause exemption
  • Minnesota Statutes section 14.388
  • Minnesota Statutes section 14.386

Relevant Terms - Environmental Impact Statement (EIS) - Environmental Quality Board (EQB) - Minnesota Rules part 4410.4400 - animal feedlot facility - animal units - 10,000 animal units - expansion - construction - rulemaking - good-cause exemption - Minnesota Statutes section 14.388 - Minnesota Statutes section 14.386

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
March 05, 2026HouseActionIntroduction and first reading, referred toEnvironment and Natural Resources Finance and Policy

Citations

 
[
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill allows the commissioner to use the 'good cause' exemption under Minn. Stat. § 14.388, subd. 1, cl. 3 to adopt rules implementing the mandatory environmental impact statement for large livestock projects, and clarifies that Minn. Stat. § 14.386 does not apply except as provided under Minn. Stat. § 14.388.",
      "modified": [
        "Incorporates existing rulemaking exemption to support new environmental impact statement requirements for large livestock projects; clarifies interaction with § 14.386."
      ]
    },
    "citation": "14.388",
    "subdivision": "subdivision 1 clause 3"
  },
  {
    "analysis": {
      "added": [],
      "removed": [],
      "summary": "This bill references Minn. Stat. § 14.386 and states that it does not apply except as provided under Minn. Stat. § 14.388.",
      "modified": [
        "Specifies the non-applicability of § 14.386 to the extent governed by § 14.388."
      ]
    },
    "citation": "14.386",
    "subdivision": ""
  }
]

Progress through the legislative process

17%
In Committee
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