“Comp Plan Clarity” language supported by environmental groups passed both the House and Senate on the last day of session.
Contact: Peter Wagenius, Sierra Club Legislative Director, peter.wagenius@sierraclub.org
St. Paul, MN — A bill to end the current litigation over the Minneapolis 2040 Comprehensive Plan passed the Minnesota Senate by a 34-14 vote at 11:41 p.m. Sunday, May 19. The language to end the “Smart Growth Minneapolis v. City of Minneapolis” lawsuit and protect other cities from similar litigation was included in the Omnibus Tax Bill HF 5247. That Omnibus Tax bill was amended to include HF5242/SF5284, the Omnibus Transportation, Housing and Labor Supplemental Appropriations Bill. The next stop for this bill is the Governor’s desk because an identical bill had previously passed the Minnesota House of Representatives by a 70-50 vote shortly beforehand. (NOTE: There are 134 Representatives and 67 Senators; some Republican legislators did not vote, likely due to objections over procedure.)
Final passage of language to end the litigation was the culmination of months of advocacy by environmental organizations, housing proponents and other groups, including the City of Minneapolis. Throughout the legislative session, coalition partners argued that litigation intended to block new housing construction in already developed cities will worsen housing affordability and increase climate pollution.
A coalition letter in support of these provisions explained, “The same local policies that are harming housing affordability are also exacerbating the climate crisis. They force development to the periphery of the region, which dramatically increases climate pollution by forcing longer commutes by car, destroying greenfields and habitats, requiring more street and sewer infrastructure for each home, and more.” The letter was signed by Minnesota Housing Partnership, Move Minnesota, ISAIAH, Sustain Saint Paul, Neighbors for More Neighbors and Sierra Club.
Peter Wagenius, Legislative Director of the Sierra Club North Star Chapter said, “I’m proud of the environmental community for leading on this particular bill, and I’m excited for what this broader coalition can do in the future to reform land use policies both for climate and for housing affordability. We will be back next year to build on this victory.”
“Comp Plan Clarity” Bill
A bill to end the Minneapolis lawsuit, HF4028, called “Comp Plan Clarity,” had earlier passed the House Environment Committee. It was authored by Rep. Sydney Jordan (DFL- Minneapolis). The Senate version of “Comp Plan Clarity,” SF4183, authored by Senator Omar Fateh (DFL-Minneapolis), had passed both the Senate Transportation Committee and the Senate Environment, Climate and Legacy Committee. It was also heard in the Senate State & Local Government Committee and held over for possible inclusion in the Omnibus State & Local Government Bill.
The language of HF4028/SF4183was developed by Sierra Club North Star Chapter and other environmental organizations at the urging of the Minnesota Chapter of the American Planning Association (APA). Representatives of both Sierra Club and APA local chapters testified in multiple committees in support of HF4028 and its Senate Companion SF4183. Thirteen environmental organizations listed here supported HF4028.
“Comp Plan Clarity” Amendments
The two “Comp Plan Clarity” provisions (Article 15, Sections 26 and 51) which passed the House and Senate on Sunday are different from HF4028 but achieve the same overall objectives to end the current lawsuit and protect cities from similar litigation.
Section 26 makes clear in statute that neither a City nor the Met Council must complete environmental review (an EIS or AUAR or EAW) prior to adopting or approving a comp plan. This was already the law, but it was in a rule. Section 26 moves the exemption to statute, which has the effect of preempting other laws that may be interpreted as requiring such studies. Section 51 exempts the current comprehensive plans of Minneapolis and Saint Paul from the Minneapolis Environmental Rights Act (MERA). More detail can be found in this Q & A Document shared with legislators.
The two Comp Plan Clarity provisions had previously passed the House of Representatives by a 69-60 vote on May 7, 2024 as part of the Omnibus State & Local Government Bill. Details of that vote can be found in this May 7 news release. When it became clear there might not be a Senate companion to that bill, Senate Majority Leader Erin Murphy (DFL - Saint Paul) worked with advocates to find a new legislative vehicle.
Until Sunday, the Minnesota Senate had not previously had a floor vote on Comp Plan Clarity.
Earlier news releases on this topic were posted on March 5 and May 7.
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