216B.1642 SOLAR SITE MANAGEMENT.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Subdivision 1. Site management practices.

An owner of a ground-mounted solar site with a generating capacity of more than 40 kilowatts may follow site management practices that

(1)provide native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators, and

(2)reduce stormwater runoff and erosion at the solar generation site. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, a solar site owner shall use native plant species and seed mixes under Department of Natural Resources "Prairie Establishment & Maintenance Technical Guidance for Solar Projects."

Subd. 2. Recognition of beneficial habitat.

An owner of a solar site implementing solar site management practices under this section may claim that the site provides benefits to game birds, songbirds, and pollinators only if the site adheres to guidance set forth by the pollinator plan provided by the Board of Water and Soil Resources or any other game bird, songbird, or pollinator foraging-friendly vegetation standard established by the Board of Water and Soil Resources. An owner making a beneficial habitat claim must:

(1)make the site's vegetation management plan available to the public;

(2)provide a copy of the plan to a Minnesota nonprofit solar industry trade association; and

(3)report on its site management practices to the Board of Water and Soil Resources, on a standard reporting form developed by the board for solar site management practices, by June 1, 2020, and every third year thereafter. An owner that enters into operation after June 1, 2019, must report to the board on the progress made toward establishing beneficial habitat on or before June 1 of the year after operations commence and every third year thereafter.