“Comp Plan Clarity” amendments supported by Environmental Groups added to Omnibus State & Local Government Bill
Contact: Peter Wagenius, Sierra Club Legislative Director, peter.wagenius@sierraclub.org | 612.799.5007
St. Paul, MN, May 7, 2024 — A bill to end the current litigation over the Minneapolis 2040 Comprehensive Plan passed the Minnesota House of Representatives by a 69-60 vote at 12:01 a.m. Tuesday morning. Two amendments added earlier in the evening to the Omnibus State & Local Government Bill (HF3431) would end the “Smart Growth Minneapolis v. City of Minneapolis” lawsuit and protect other cities from similar litigation.
The amendments were the culmination of months of advocacy by environmental organizations, housing proponents and other groups, including the City of Minneapolis. The coalition showed that lawsuits intended to block new housing construction in already-developed cities will worsen housing affordability and increase climate pollution.
A coalition letter in support of the amendments 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.”
Peter Wagenius, Legislative Director of the Sierra Club North Star Chapter said, “This is a crucial step forward. If the Senate follows the House’s lead, this will be an important victory for the environment and housing affordability. We cannot allow environmental laws to be misused to stop needed climate action.”
“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) and 20 co-authors.
The language of HF4028 was 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 support HF4028.
“Comp Plan Clarity” Amendments
The two “Comp Plan Clarity” amendments are different from HF4028 but achieve the same overall objectives to end the current lawsuit and protect cities from similar litigation.
The A60 amendment, offered by Rep Mike Howard (DFL - Richfield), exempts the current comprehensive plans of Minneapolis and Saint Paul from the Minneapolis Environmental Rights Act (MERA).
The A46 amendment, offered by Rep Ginny Klevorn (DFL - Plymouth), 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. The A46 amendment moves the exemption to statute, which has the effect of preempting other laws that may be interpreted as requiring such studies.
Both the A60 and A46 amendments passed on voice votes. A subsequent A49 amendment by Rep. Peggy Scott (R- Andover) to delete both “Comp Plan Clarity” amendments was debated and then defeated on a voice vote.
Opposing the A49 amendment, Rep. Jordan noted that the Minneapolis 2040 plan was robustly discussed by Minneapolis residents before its approval. “The idea that nobody in Minneapolis was consulted is completely inaccurate.” Jordan also listed by name the sixteen environmental organizations that supported the A46 and A60 amendments, noting “All of those are very strong environmental groups.”
Rep. Jordan said the Comp Plan Clarity amendments were “also supported by many housing organizations,” adding that Rep. Scott’s amendment would keep housing projects already stalled by the litigation from moving forward. “That’s what this (amendment) is; a block on housing,” said Jordan.
Housing Committee Chair Mike Howard (DFL - Richfield) acknowledged that “there are a few loud folks who did bring a lawsuit” but pushed back against the claim that city residents oppose new housing in Minneapolis. Howard noted the Minneapolis 2040 Comp Plan initially passed the Minneapolis City Council by a 12-1 vote and both the A46 and A60 amendments were supported by the City.
Rep. Howard also noted “This is an important bill not just for Minneapolis, but for all of the cities in the metro area,” calling the amended bill as “a good bill for our cities and a good bill for our environment.”
Next Up: Action Needed in the Senate
The Senate version of “Comp Plan Clarity,” SF4183, authored by Senator Omar Fateh (DFL-Minneapolis), 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 2024 legislative session must end by May 22, 2024.
An earlier news release on this issue is posted here.