Minnesota Legislature
HF 190
as introduced - 88th Legislature (2013 - 2014) Posted on 01/28/2013 01:41pm
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A bill for an act
relating to energy; wind energy; adding a provision for siting wind energy
conversion systems; modifying county authority to enact siting standards;
amending Minnesota Statutes 2012, sections 216B.1691, subdivision 2b;
216F.081.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 216B.1691, subdivision 2b, is amended to
read:
Subd. 2b.
Modification or delay of standard.
(a) The commission shall modify or
delay the implementation of a standard obligation, in whole or in part, if the commission
determines it is in the public interest to do so. The commission, when requested to modify
or delay implementation of a standard, must consider:
(1) the impact of implementing the standard on its customers' utility costs, including
the economic and competitive pressure on the utility's customers;
(2) the effects of implementing the standard on the reliability of the electric system;
(3) technical advances or technical concerns;
(4) delays in acquiring sites or routes due to rejection or delays of necessary siting or
other permitting approvals;
(5) new text begin the availability of suitable sites for the location of eligible energy technology
facilities, considering local land use restrictions;
new text end
new text begin (6) new text end delays, cancellations, or nondelivery of necessary equipment for construction or
commercial operation of an eligible energy technology facility;
deleted text begin (6)deleted text end new text begin (7)new text end transmission constraints preventing delivery of service; and
deleted text begin (7)deleted text end new text begin (8)new text end other statutory obligations imposed on the commission or a utility.
The commission may modify or delay implementation of a standard obligation under
clauses (1) to (3) only if it finds implementation would cause significant rate impact,
requires significant measures to address reliability, or raises significant technical issues.
The commission may modify or delay implementation of a standard obligation under
clauses (4) to deleted text begin (6)deleted text end new text begin (8)new text end only if it finds that the circumstances described in those clauses were
due to circumstances beyond an electric utility's control and make compliance not feasible.
(b) When considering whether to delay or modify implementation of a standard
obligation, the commission must give due consideration to a preference for electric
generation through use of eligible energy technology and to the achievement of the
standards set by this section.
(c) An electric utility requesting a modification or delay in the implementation of a
standard must file a plan to comply with its standard obligation in the same proceeding
that it is requesting the delay.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2012, section 216F.081, is amended to read:
216F.081 APPLICATION OF COUNTY STANDARDS.
A county may adopt by ordinance deleted text begin standards fordeleted text end new text begin official controls restricting the
siting ofnew text end LWECS that are more stringent than standards in commission rules or in the
commission's permit standardsnew text begin , including prohibition of LWECS in districts established
by zoning ordinances as provided in chapter 394new text end . The commission, in considering a
permit application for LWECS in a county that has adopted more stringent deleted text begin standards
deleted text end new text begin official controlsnew text end , deleted text begin shalldeleted text end new text begin mustnew text end consider and apply those more stringent deleted text begin standards, unless the
commission finds good cause not to apply the standardsdeleted text end new text begin official controlsnew text end .
new text begin
For the purpose of this section, "official controls" has the meaning given in section
394.22, subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end