HF 813

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 04/14/2016 04:24pm

A bill for an act
relating to energy; modifying environmental review requirements for certain
cogeneration facilities; clarifying definitions pertaining to energy facilities;
amending Minnesota Statutes 2014, sections 216E.03, subdivision 5; 216H.01,
by adding a subdivision; 216H.03, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 216E.03, subdivision 5, is amended to read:

Subd. 5.

Environmental review.

new text begin (a) new text end The commissioner of the Department of
Commerce shall prepare for the commission an environmental impact statement on each
proposed large electric generating plant or high-voltage transmission line for which a
complete application has been submitted. The commissioner shall not consider whether
or not the project is needed. No other state environmental review documents shall be
required. The commissioner shall study and evaluate any site or route proposed by an
applicant and any other site or route the commission deems necessary that was proposed in
a manner consistent with rules concerning the form, content, and timeliness of proposals
for alternate sites or routes.

new text begin (b) For a cogeneration facility, as defined in section 216H.01, subdivision 1a, that is
a large electric power generating plant and is not proposed by a utility, the commissioner
must make a finding in the environmental impact statement whether the project is likely to
result in a net reduction of carbon dioxide emissions, considering both the utility providing
electric service to the proposed cogeneration facility and any reduction in carbon dioxide
emissions as a result of increased efficiency from the production of thermal energy on the
part of the customer operating or owning the proposed cogeneration facility.
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

Sec. 2.

Minnesota Statutes 2014, section 216H.01, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Cogeneration facility or combined heat and power facility.
new text end

new text begin "Cogeneration facility" or "combined heat and power facility" means a facility that:
new text end

new text begin (1) has the meaning given in United States Code, title 16, section 796, clause (18),
paragraph (A); and
new text end

new text begin (2) meets the applicable operating and efficiency standards contained in Code of
Federal Regulations, title 18, part 292.205.
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

Sec. 3.

Minnesota Statutes 2014, section 216H.03, subdivision 1, is amended to read:

Subdivision 1.

Definition; new large energy facility.

For the purpose of this
section, "new large energy facility" means a large energy facility, as defined in section
216B.2421, subdivision 2, clause (1), that is not in operation as of January 1, 2007,
but does not include a facility that (1) uses natural gas as a primary fuel, (2) is new text begin a
cogeneration facility or combined heat and power facility, or is new text end designed to provide
peaking, intermediate, emergency backup, or contingency services, (3) uses a simple cycle
or combined cycle turbine technology, and (4) is capable of achieving full load operations
within 45 minutes of startup for a simple cycle facility, or is capable of achieving
minimum load operations within 185 minutes of startup for a combined cycle facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end