Legalectric

EQB Meeting

Wednesday, August 20 from 1 – 4:00 p.m.

520 Lafayette Road, St. Paul, lower level conference room – south

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The topic at hand is use and misuse of AUARs as evidenced by so many data center projects proposed and shuttled through via AUAR environmental review, and support for EQB’s workplan and development of AUAR Guidance. USE OF AUARs for review of these many data centers — just NOPE! (this isn’t a general call to action — it’s not about all the known impacts of data centers, the noise, the water use, need for protective zoning including protective setbacks, size and height restrictions — all legitimate issues — but that’s for another time).

I first became aware of the use of Alternative Urban Area Review (AUAR) way back in March 2023, so filed scoping comments on the data center project proposed on the north-east corner of Northfield (map above), brought to us by our good friends at Xcel:

Xcel/Northfield AUAR! Old news, but… January 25th, 2025

It was clear that a data center was wha was contemplated, despite no application… yet. And right now there are a handful of data center projects in southern/southeast Minnesota, most proposed by developer tract, and again, these are beyond contemplated, planned already, but no application… yet… It’s one of those nudge-nudge wink-wink things…

… yes, for Cannon Falls, it’s clearly a data center in the works, not yet applied for but plans all drawn up and ready to go. I got specific info through a FOIA request:

Here’s some of that info received in response to the Data Practices Act Request:

Tract Data Center in Cannon Falls – 6/24/25

Despite the pretty firm plans, lots of money into drawing up those plans, it’s environmentally reviewed via an AUAR. WHAT?

The AUAR is to be used as “a planning tool to understand how different development scenarios will affect the environment of their community before the development occurs. The process is designed to look at the cumulative impacts of anticipated development scenarios within a given geographic area.”

Earth to Mars, see Minn. R. 4410.3610: “The procedures of this part may not be used to review any project meeting the requirements for a mandatory EAW in part 4410.4300, subparts 2 to 13, 15 to 17, 18, item C, D, or E, or 24, or a mandatory EIS in part 4410.4400, subparts 2 to 10, 12, 13, or 25.”

As far as specific projects go, AUAR can be used…

… but sufficient information must be provided for review, and that is NOT happening.

I’d written about this in my comments on the Cannon Falls “AUAR” because it was clear this was for a data center and insufficient info was presented — this pretty much sums it up:

The disingenuous use of AUAR is an open secret that needs to be brought into the sunlight and STOPPED!!

Here’s my full comment:

In addition to Cannon Falls, the RGU, and Randolph Township, which will lose land due to annexation by Cannon Falls for the project, I sent my comment to the EQB for consideration at their next meeting. They need to know in technicolor what’s happening.

The next EQB meeting is coming up — August 20, 2025! Here’s the Board’s packet, my comment is towards the end, starting on p. 142 of 173:

The good news is that AUAR Guidance is on the FY 2026 EQB workplan, starting on p. 133 of 173, and continue searching for “AUAR” in the packet, looking at AUAR from different angles:

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Unfortunately, AUAR Guidance is deemed a low-medium priority (p. 138 of 173):

The work on AUAR Guidance is happening right now, July through November!

Work has begun, but with the handful of AUAR reviews of data center projects, it’s a little late! HURRY UP!

Another issue — with these many data center projects queuing up, consideration of cumulative impacts is crucial:

And btw, here’s one that caught my attention, Energy Infrastructure Permitting, nerd that I am, for sure I’ll be commenting on this: