Minnesota Legislature
HF 1182
1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:27pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to eminent domain; clarifying use of eminent domain authority by public
1.3service corporations; requiring a report;amending Minnesota Statutes 2008,
1.4sections 117.225; 216E.03, subdivision 7; Minnesota Statutes 2009 Supplement,
1.5section 117.189.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2009 Supplement, section 117.189, is amended to read:
1.8117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.
1.9 Sections117.031 ;
117.036 ;
117.055 , subdivision 2, paragraph (b);
117.186 ;
117.187 ;
1.10117.188
; and
117.52 , subdivisions 1a and 4, do not apply to the use of eminent domain
1.11authority by public service corporations for any purpose other than construction or
1.12expansion of:
1.13(1) a high-voltage transmission line of 100 kilovolts or more, or ancillary
1.14substations; or
1.15(2) a natural gas, petroleum, or petroleum products pipeline, or ancillary compressor
1.16stations or pumping stations.
1.17 For purposes of an award of appraisal fees under section117.085 , the fees awarded
1.18may not exceed $1,500 for all types of property except for a public service corporation's
1.19use of eminent domain for a high-voltage transmission line, where the award may not
1.20exceed $3,000.
1.21For purposes of this section, "pipeline" does not include a natural gas distribution
1.22line transporting gas to an end user.
1.23EFFECTIVE DATE.This section is effective the day following final enactment
1.24and applies to eminent domain proceedings or actions commenced on or after that date.
2.1"Commenced" means when service of notice of the petition under Minnesota Statutes,
2.2section 117.055, is made.
2.3 Sec. 2. Minnesota Statutes 2008, section 117.225, is amended to read:
2.4117.225 EASEMENT DISCHARGE.
2.5Whenever claiming that an easement acquired by condemnation is not being used for
2.6the purposes for which it was acquired, the underlying fee owner may apply to the district
2.7court of the county in which the land is situated for an order discharging the easement,
2.8upon such terms as are just and equitable. Due notice of said application shall be given
2.9to all interested parties. Provided, however, this section shall not apply to easements
2.10acquired by condemnation by a public service corporation now or hereafter doing business
2.11in the state of Minnesota for any purpose other than construction or expansion of:
2.12(1) a high-voltage transmission line of 100 kilovolts or more, including ancillary
2.13substations; or
2.14(2) a natural gas, petroleum, or petroleum products pipeline, including ancillary
2.15compressor stations or pumping stations.
2.16For purposes of this section, "pipeline" does not include a natural gas distribution
2.17line transporting gas to an end user.
2.18EFFECTIVE DATE.This section is effective the day following final enactment
2.19and applies to eminent domain proceedings or actions commenced on or after that date.
2.20"Commenced" means when service of notice of the petition under Minnesota Statutes,
2.21section 117.055, is made.
2.22 Sec. 3. Minnesota Statutes 2008, section 216E.03, subdivision 7, is amended to read:
2.23 Subd. 7. Considerations in designating sites and routes. (a) The commission's
2.24site and route permit determinations must be guided by the state's goals to conserve
2.25resources, minimize environmental impacts, minimize human settlement and other land
2.26use conflicts, and ensure the state's electric energy security through efficient, cost-effective
2.27power supply and electric transmission infrastructure.
2.28 (b) To facilitate the study, research, evaluation, and designation of sites and routes,
2.29the commission shall be guided by, but not limited to, the following considerations:
2.30(1) evaluation of research and investigations relating to the effects on land, water
2.31and air resources of large electric power generating plants and high-voltage transmission
2.32lines and the effects of water and air discharges and electric and magnetic fields resulting
2.33from such facilities on public health and welfare, vegetation, animals, materials and
3.1aesthetic values, including baseline studies, predictive modeling, and evaluation of new or
3.2improved methods for minimizing adverse impacts of water and air discharges and other
3.3matters pertaining to the effects of power plants on the water and air environment;
3.4(2) environmental evaluation of sites and routes proposed for future development and
3.5expansion and their relationship to the land, water, air and human resources of the state;
3.6(3) evaluation of the effects of new electric power generation and transmission
3.7technologies and systems related to power plants designed to minimize adverse
3.8environmental effects;
3.9(4) evaluation of the potential for beneficial uses of waste energy from proposed
3.10large electric power generating plants;
3.11(5) analysis of the direct and indirect economic impact of proposed sites and routes
3.12including, but not limited to, productive agricultural land lost or impaired;
3.13(6) evaluation of adverse direct and indirect environmental effects that cannot be
3.14avoided should the proposed site and route be accepted;
3.15(7) evaluation of alternatives to the applicant's proposed site or route proposed
3.16pursuant to subdivisions 1 and 2;
3.17(8) evaluation of potential routes that would use or parallel existing railroad and
3.18highway rights-of-way;
3.19(9) evaluation of governmental survey lines and other natural division lines of
3.20agricultural land so as to minimize interference with agricultural operations;
3.21(10) evaluation of the future needs for additional high-voltage transmission lines
3.22in the same general area as any proposed route, and the advisability of ordering the
3.23construction of structures capable of expansion in transmission capacity through multiple
3.24circuiting or design modifications;
3.25(11) evaluation of irreversible and irretrievable commitments of resources should the
3.26proposed site or route be approved; and
3.27(12) when appropriate, consideration of problems raised by other state and federal
3.28agencies and local entities.
3.29(c) If the commission's rules are substantially similar to existing regulations of a
3.30federal agency to which the utility in the state is subject, the federal regulations must
3.31be applied by the commission.
3.32(d) No site or route shall be designated which violates state agency rules.
3.33(e) The commission must make specific findings that it has considered locating a
3.34route for a high-voltage transmission line on an existing high-voltage transmission route
3.35and the use of parallel existing highway right-of-way and, to the extent those are not used
3.36for the route, the commission must state the reasons.
4.1EFFECTIVE DATE.This section is effective the day following final enactment
4.2and applies to route applications filed on and after that date.
4.3 Sec. 4. TRANSMISSION LINE ROUTING.
4.4(a) The Public Utilities Commission and the commissioner of transportation must
4.5cooperate to implement the policy in Minnesota Statutes, section 216E.03, subdivision 7,
4.6paragraph (e).
4.7(b) The commission must report any statutory amendments required for the
4.8implementation of Minnesota Statutes, section 216E.03, subdivision 7, paragraph (e)
4.9to the chairs and ranking minority members of the energy and transportation policy
4.10committees of the legislature by January 15, 2011.
4.11EFFECTIVE DATE.This section is effective the day following final enactment.
1.3service corporations; requiring a report;amending Minnesota Statutes 2008,
1.4sections 117.225; 216E.03, subdivision 7; Minnesota Statutes 2009 Supplement,
1.5section 117.189.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.7 Section 1. Minnesota Statutes 2009 Supplement, section 117.189, is amended to read:
1.8117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.
1.9 Sections
1.11authority by public service corporations for any purpose other than construction or
1.12expansion of:
1.13(1) a high-voltage transmission line of 100 kilovolts or more, or ancillary
1.14substations; or
1.15(2) a natural gas, petroleum, or petroleum products pipeline, or ancillary compressor
1.16stations or pumping stations.
1.17 For purposes of an award of appraisal fees under section
1.18may not exceed $1,500 for all types of property except for a public service corporation's
1.19use of eminent domain for a high-voltage transmission line, where the award may not
1.20exceed $3,000.
1.21For purposes of this section, "pipeline" does not include a natural gas distribution
1.22line transporting gas to an end user.
1.23EFFECTIVE DATE.This section is effective the day following final enactment
1.24and applies to eminent domain proceedings or actions commenced on or after that date.
2.1"Commenced" means when service of notice of the petition under Minnesota Statutes,
2.2section 117.055, is made.
2.3 Sec. 2. Minnesota Statutes 2008, section 117.225, is amended to read:
2.4117.225 EASEMENT DISCHARGE.
2.5Whenever claiming that an easement acquired by condemnation is not being used for
2.6the purposes for which it was acquired, the underlying fee owner may apply to the district
2.7court of the county in which the land is situated for an order discharging the easement,
2.8upon such terms as are just and equitable. Due notice of said application shall be given
2.9to all interested parties. Provided, however, this section shall not apply to easements
2.10acquired by condemnation by a public service corporation now or hereafter doing business
2.11in the state of Minnesota for any purpose other than construction or expansion of:
2.12(1) a high-voltage transmission line of 100 kilovolts or more, including ancillary
2.13substations; or
2.14(2) a natural gas, petroleum, or petroleum products pipeline, including ancillary
2.15compressor stations or pumping stations.
2.16For purposes of this section, "pipeline" does not include a natural gas distribution
2.17line transporting gas to an end user.
2.18EFFECTIVE DATE.This section is effective the day following final enactment
2.19and applies to eminent domain proceedings or actions commenced on or after that date.
2.20"Commenced" means when service of notice of the petition under Minnesota Statutes,
2.21section 117.055, is made.
2.22 Sec. 3. Minnesota Statutes 2008, section 216E.03, subdivision 7, is amended to read:
2.23 Subd. 7. Considerations in designating sites and routes. (a) The commission's
2.24site and route permit determinations must be guided by the state's goals to conserve
2.25resources, minimize environmental impacts, minimize human settlement and other land
2.26use conflicts, and ensure the state's electric energy security through efficient, cost-effective
2.27power supply and electric transmission infrastructure.
2.28 (b) To facilitate the study, research, evaluation, and designation of sites and routes,
2.29the commission shall be guided by, but not limited to, the following considerations:
2.30(1) evaluation of research and investigations relating to the effects on land, water
2.31and air resources of large electric power generating plants and high-voltage transmission
2.32lines and the effects of water and air discharges and electric and magnetic fields resulting
2.33from such facilities on public health and welfare, vegetation, animals, materials and
3.1aesthetic values, including baseline studies, predictive modeling, and evaluation of new or
3.2improved methods for minimizing adverse impacts of water and air discharges and other
3.3matters pertaining to the effects of power plants on the water and air environment;
3.4(2) environmental evaluation of sites and routes proposed for future development and
3.5expansion and their relationship to the land, water, air and human resources of the state;
3.6(3) evaluation of the effects of new electric power generation and transmission
3.7technologies and systems related to power plants designed to minimize adverse
3.8environmental effects;
3.9(4) evaluation of the potential for beneficial uses of waste energy from proposed
3.10large electric power generating plants;
3.11(5) analysis of the direct and indirect economic impact of proposed sites and routes
3.12including, but not limited to, productive agricultural land lost or impaired;
3.13(6) evaluation of adverse direct and indirect environmental effects that cannot be
3.14avoided should the proposed site and route be accepted;
3.15(7) evaluation of alternatives to the applicant's proposed site or route proposed
3.16pursuant to subdivisions 1 and 2;
3.17(8) evaluation of potential routes that would use or parallel existing railroad and
3.18highway rights-of-way;
3.19(9) evaluation of governmental survey lines and other natural division lines of
3.20agricultural land so as to minimize interference with agricultural operations;
3.21(10) evaluation of the future needs for additional high-voltage transmission lines
3.22in the same general area as any proposed route, and the advisability of ordering the
3.23construction of structures capable of expansion in transmission capacity through multiple
3.24circuiting or design modifications;
3.25(11) evaluation of irreversible and irretrievable commitments of resources should the
3.26proposed site or route be approved; and
3.27(12) when appropriate, consideration of problems raised by other state and federal
3.28agencies and local entities.
3.29(c) If the commission's rules are substantially similar to existing regulations of a
3.30federal agency to which the utility in the state is subject, the federal regulations must
3.31be applied by the commission.
3.32(d) No site or route shall be designated which violates state agency rules.
3.33(e) The commission must make specific findings that it has considered locating a
3.34route for a high-voltage transmission line on an existing high-voltage transmission route
3.35and the use of parallel existing highway right-of-way and, to the extent those are not used
3.36for the route, the commission must state the reasons.
4.1EFFECTIVE DATE.This section is effective the day following final enactment
4.2and applies to route applications filed on and after that date.
4.3 Sec. 4. TRANSMISSION LINE ROUTING.
4.4(a) The Public Utilities Commission and the commissioner of transportation must
4.5cooperate to implement the policy in Minnesota Statutes, section 216E.03, subdivision 7,
4.6paragraph (e).
4.7(b) The commission must report any statutory amendments required for the
4.8implementation of Minnesota Statutes, section 216E.03, subdivision 7, paragraph (e)
4.9to the chairs and ranking minority members of the energy and transportation policy
4.10committees of the legislature by January 15, 2011.
4.11EFFECTIVE DATE.This section is effective the day following final enactment.