Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 10

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/11/2022 11:11am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/07/2021
1st Engrossment Posted on 03/18/2021

Current Version - 1st Engrossment

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8
1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3
2.4 2.5 2.6 2.7 2.8
2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28
2.29 2.30 2.31 2.32 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11
3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20
3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25
5.26 5.27 5.28 5.29 5.30 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10
6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25
6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 7.1 7.2
7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13
9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27
9.28 9.29 9.30 9.31 9.32 9.33 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8
10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17
10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26
11.27 11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30
12.31 12.32 12.33

A bill for an act
relating to energy; establishing a Clean Energy First Act; amending Minnesota
Statutes 2020, sections 216B.16, subdivisions 6, 13; 216B.1645, subdivisions 1,
2; 216B.1691, subdivision 9; 216B.2422, subdivisions 1, 2, 3, 4, 5, by adding
subdivisions; 216E.03, subdivision 10; 216F.04.

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

Section 1. new text begin TITLE.
new text end

new text begin This act may be referred to as the "Clean Energy First Act."
new text end

Sec. 2.

Minnesota Statutes 2020, section 216B.16, subdivision 6, is amended to read:


Subd. 6.

Factors considered, generally.

The commission, in the exercise of its powers
under this chapter to determine just and reasonable rates for public utilities, shall give due
consideration to the public need for adequate, efficient, and reasonable service and to the
need of the public utility for revenue sufficient to enable it to meet the cost of furnishing
the service, including adequate provision for depreciation of its utility property used and
useful in rendering service to the public, and to earn a fair and reasonable return upon the
investment in such property. In determining the rate base upon which the utility is to be
allowed to earn a fair rate of return, the commission shall give due consideration to evidence
of the cost of the property when first devoted to public use, to prudent acquisition cost to
the public utility less appropriate depreciation on each, to construction work in progress, to
offsets in the nature of capital provided by sources other than the investors, and to other
expenses of a capital nature. For purposes of determining rate base, the commission shall
consider the original cost of utility property included in the base and shall make no allowance
for its estimated current replacement value. If the commission orders a generating facility
to terminate its operations before the end of the facility's physical life in order to comply
with a specific state or federal energy deleted text begin statute ordeleted text end policy, the commission may allow the public
utility to recover any positive net book value of the facility as determined by the commission.

Sec. 3.

Minnesota Statutes 2020, section 216B.16, subdivision 13, is amended to read:


Subd. 13.

Economic and community development.

The commission may allow a
public utility to recover from ratepayers thenew text begin reasonablenew text end expenses incurrednew text begin (1)new text end for economic
and community developmentnew text begin , and (2) to employ local workers to construct and maintain
generation facilities that supply power to the utility's customers
new text end .

Sec. 4.

Minnesota Statutes 2020, section 216B.1645, subdivision 1, is amended to read:


Subdivision 1.

Commission authority.

Upon the petition of a public utility, the Public
Utilities Commission shall approve or disapprove power purchase contracts, investments,
or expenditures entered into or made by the utility to satisfy the wind and biomass mandates
contained in sections 216B.169, 216B.2423, and 216B.2424, deleted text begin anddeleted text end to satisfy the renewable
new text begin and solarnew text end energy deleted text begin objectives anddeleted text end standards set forth in section 216B.1691, new text begin and to provide
additional clean energy resources beyond the proportions required by the wind and biomass
mandates and renewable and solar energy standards,
new text end including reasonable investments and
expendituresnew text begin , net of revenues,new text end made to:

(1) transmit the electricity generated from sources developed under those sections that
is ultimately used to provide service to the utility's retail customers, including studies
necessary to identify new transmission facilities needed to transmit electricity to Minnesota
retail customers from generating facilities constructed to satisfy the renewable energy
objectives and standards, provided that the costs of the studies have not been recovered
previously under existing tariffs and the utility has filed an application for a certificate of
need or for certification as a priority project under section 216B.2425 for the new
transmission facilities identified in the studies;

(2) provide storage facilities for renewable energy generation facilities that contribute
to the reliability, efficiency, or cost-effectiveness of the renewable facilities; or

(3) develop renewable energy sources from the account required in section 116C.779.

Sec. 5.

Minnesota Statutes 2020, section 216B.1645, subdivision 2, is amended to read:


Subd. 2.

Cost recovery.

The expenses incurred by the utility over the duration of the
approved contract or useful life of the investment deleted text begin anddeleted text end new text begin ,new text end expenditures made pursuant to section
116C.779 deleted text begin shall bedeleted text end new text begin , and the expenses incurred to employ local workers to construct and
maintain generation facilities that supply power to the utility's customers are
new text end recoverable
from the ratepayers of the utilitydeleted text begin ,deleted text end to the extent deleted text begin theydeleted text end new text begin the expenses or expendituresnew text end are not
offset by utility revenues attributable to the contracts, investments, or expendituresnew text begin , and if
the expenses or expenditures are deemed reasonable by the commission
new text end . Upon petition by
a public utility, the commission shall approve or approve as modified a rate schedule
providing for the automatic adjustment of charges to recover the expenses or costs approved
by the commission under subdivision 1, which, in the case of transmission expenditures,
are limited to the portion of actual transmission costs that are directly allocable to the need
to transmit power from the renewable sources of energy. The commission may not approve
recovery of the costs for that portion of the power generated from sources governed by this
section that the utility sells into the wholesale market.

Sec. 6.

Minnesota Statutes 2020, section 216B.1691, subdivision 9, is amended to read:


Subd. 9.

Local benefits.

The commission shall take all reasonable actions within its
statutory authority to ensure this section is implemented to maximize benefits to Minnesota
citizensnew text begin and local workers, as defined in section 216B.2422, subdivision 1new text end , balancing factors
such as local ownership of or participation in energy productiondeleted text begin ,deleted text end new text begin ; local job impacts, as
defined in section 216B.2422, subdivision 1;
new text end development and ownership of eligible energy
technology facilities by independent power producersdeleted text begin ,deleted text end new text begin ;new text end Minnesota utility ownership of
eligible energy technology facilitiesdeleted text begin ,deleted text end new text begin ;new text end the costs of energy generation to satisfy the renewable
standarddeleted text begin ,deleted text end new text begin ;new text end and the reliability of electric service to Minnesotans.

Sec. 7.

Minnesota Statutes 2020, section 216B.2422, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For purposes of this section, the terms defined in this
subdivision have the meanings given them.

(b) "Utility" means an entity with the capability of generating 100,000 kilowatts or more
of electric power and serving, either directly or indirectly, the needs of 10,000 retail
customers in Minnesota. Utility does not include federal power agencies.

(c) "Renewable energy" means electricity generated through use of any of the following
resources:

(1) wind;

(2) solar;

(3) geothermal;

(4) hydro;

(5) trees or other vegetation;

(6) landfill gas; or

(7) predominantly organic components of wastewater effluent, sludge, or related
by-products from publicly owned treatment works, but not including incineration of
wastewater sludge.

(d) "Resource plan" means a set of resource options that a utility could use to meet the
service needs of its customers over a forecast period, including an explanation of the supply
and demand circumstances under which, and the extent to which, each resource option
would be used to meet those service needs. These resource options include using,
refurbishing, and constructing utility plant and equipment, buying power generated by other
entities, controlling customer loads, and implementing customer energy conservation.

(e) "Refurbish" means to rebuild or substantially modify an existing electricity generating
resource of 30 megawatts or greater.

(f) "Energy storage system" means a commercially available technology that:

(1) uses mechanical, chemical, or thermal processes to:

(i) store energy, deleted text begin including energy generated from renewable resources and energy that
would otherwise be wasted,
deleted text end and deliver the stored energy for use at a later time; or

(ii) store thermal energy for direct use for heating or cooling at a later time in a manner
that reduces the demand for electricity at the later time;

deleted text begin (2) is composed of stationary equipment;
deleted text end

deleted text begin (3)deleted text end new text begin (2)new text end if being used for electric grid benefits, isnew text begin (i)new text end operationally visiblenew text begin to the distribution
or transmission entity managing it,
new text end andnew text begin (ii)new text end capable of being controlled by the distribution
or transmission entity deleted text begin managing it,deleted text end to enable and optimize the safe and reliable operation
of the electric system; and

deleted text begin (4)deleted text end new text begin (3)new text end achieves any of the following:

(i) reduces peak or electrical demand;

(ii) defers the need or substitutes for an investment in electric generation, transmission,
or distribution assets;

(iii) improves the reliable operation of the electrical transmission or distribution systemsdeleted text begin ,
while ensuring transmission or distribution needs are not created
deleted text end ; deleted text begin ordeleted text end new text begin and
new text end

(iv) deleted text begin lowers customer costsdeleted text end new text begin produces a net ratepayer benefitnew text end by storing energy when the
cost of generating or purchasing deleted text begin itdeleted text end new text begin energynew text end is low and delivering deleted text begin itdeleted text end new text begin energynew text end to customers when
the costs are high.

new text begin (g) Clean energy resource means:
new text end

new text begin (1) renewable energy, as defined in section 216B.2422, subdivision 1, paragraph (c);
new text end

new text begin (2) an energy storage system storing energy generated by renewable energy or a
carbon-free resource;
new text end

new text begin (3) energy efficiency, as defined in section 216B.241, subdivision 1;
new text end

new text begin (4) load management, as defined in section 216B.241, subdivision 1; or
new text end

new text begin (5) a carbon-free resource that the commission has determined is cost competitive under
subdivision 4, paragraph (h).
new text end

new text begin (h) "Carbon-free resource" means a generation technology that, when operating, does
not contribute to statewide greenhouse gas emissions, as defined in section 216H.01,
subdivision 2.
new text end

new text begin (i) "Nonrenewable energy facility" means a generation facility that does not use a
renewable energy or other clean energy resource. Nonrenewable facility does not include
a nuclear facility.
new text end

new text begin (j) "Local job impacts" means the impacts of a certificate of need, a power purchase
agreement, or commission approval of a new or refurbished energy facility on the availability
of construction employment opportunities to local workers.
new text end

new text begin (k) "Local workers" means workers employed to construct and maintain energy
infrastructure that are Minnesota residents, residents of the utility's service territory, or who
permanently reside within 150 miles of a proposed new or refurbished energy facility.
new text end

new text begin (l) "Statewide greenhouse gas emissions" has the meaning given in section 216H.02,
subdivision 1.
new text end

Sec. 8.

Minnesota Statutes 2020, section 216B.2422, subdivision 2, is amended to read:


Subd. 2.

Resource plan filing and approval.

(a) A utility shall file a resource plan with
the commission periodically in accordance with rules adopted by the commission. The
commission shall approve, reject, or modify the plan of a public utility, as defined in section
216B.02, subdivision 4, consistent with the public interest.

(b) In the resource plan proceedings of all other utilities, the commission's order shall
be advisory and the order's findings and conclusions shall constitute prima facie evidence
which may be rebutted by substantial evidence in all other proceedings. With respect to
utilities other than those defined in section 216B.02, subdivision 4, the commission shall
consider the filing requirements and decisions in any comparable proceedings in another
jurisdiction.

(c) As a part of its resource plan filing, a utility shall include the least cost plan for
meeting 50 deleted text begin anddeleted text end new text begin ,new text end 75new text begin , and 100new text end percent of all energy needs from both new and refurbished
generating facilities through a combination of deleted text begin conservation and renewabledeleted text end new text begin cleannew text end energynew text begin and
carbon-free
new text end resources.

Sec. 9.

Minnesota Statutes 2020, section 216B.2422, subdivision 3, is amended to read:


Subd. 3.

Environmental costs.

deleted text begin (a)deleted text end The commission shall, to the extent practicable,
quantify and establish a range of environmental costs associated with each method of
electricity generation. A utility shall use the values established by the commission in
conjunction with other external factors, including socioeconomic costs, when evaluating
and selecting resource options in all proceedings before the commission, includingnew text begin but not
limited to for power purchase agreement,
new text end resource plannew text begin ,new text end and certificate of need proceedings.new text begin
When evaluating resource options, the commission must include and consider the
environmental cost values adopted under this subdivision. When considering the costs of a
nonrenewable energy facility under this section, the commission must consider only nonzero
values for the environmental costs that must be analyzed under this subdivision, including
both the low and high values of any cost range adopted by the commission.
new text end

deleted text begin (b) The commission shall establish interim environmental cost values associated with
each method of electricity generation by March 1, 1994. These values expire on the date
the commission establishes environmental cost values under paragraph (a).
deleted text end

Sec. 10.

Minnesota Statutes 2020, section 216B.2422, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Favored electric resources; state policy. new text end

new text begin It is the policy of the state that: (1)
in order to hasten the achievement of the greenhouse gas reduction goals under section
216H.02, the renewable energy standard under section 216B.1691, subdivision 2a, and the
solar energy standard under section 216B.1691, subdivision 2f; and (2) given the significant
and continuing reductions in the cost of wind technologies, solar technologies, energy
storage systems, demand-response technologies, and energy efficiency technologies and
strategies, the favored method to meet electricity demand in Minnesota is a combination of
clean energy resources.
new text end

Sec. 11.

Minnesota Statutes 2020, section 216B.2422, subdivision 4, is amended to read:


Subd. 4.

Preference for deleted text begin renewabledeleted text end new text begin cleannew text end energy deleted text begin facilitydeleted text end new text begin resourcesnew text end .

new text begin (a) new text end The commission
shall not approve a new or refurbished nonrenewable energy facility in an integrated resource
plan or a certificate of need, pursuant to section 216B.243, nor shall the commissionnew text begin approve
a power purchase agreement or
new text end allow rate recovery pursuant to section 216B.16 for deleted text begin suchdeleted text end a
nonrenewable energy facility, unless the utility has demonstratednew text begin by clear and convincing
evidence
new text end that a renewable energy facilitynew text begin , alone or in combination with other clean energy
resources,
new text end is not in the public interest. deleted text begin When making the public interest determination, the
commission must consider:
deleted text end

deleted text begin (1) whether the resource plan helps the utility achieve the greenhouse gas reduction
goals under section 216H.02, the renewable energy standard under section 216B.1691, or
the solar energy standard under section 216B.1691, subdivision 2f;
deleted text end

deleted text begin (2) impacts on local and regional grid reliability;
deleted text end

deleted text begin (3) utility and ratepayer impacts resulting from the intermittent nature of renewable
energy facilities, including but not limited to the costs of purchasing wholesale electricity
in the market and the costs of providing ancillary services; and
deleted text end

deleted text begin (4) utility and ratepayer impacts resulting from reduced exposure to fuel price volatility,
changes in transmission costs, portfolio diversification, and environmental compliance
costs.
deleted text end

new text begin (b) In determining that a renewable energy facility, alone or in combination with other
clean energy resources, is not in the public interest, the commission must find by clear and
convincing evidence that using renewable or clean energy resources to meet the need for
resources is not affordable or reliable when compared with a nonrenewable energy facility
or nonclean energy resource.
new text end

new text begin (c) In determining whether a renewable or clean energy resource is not affordable, the
commission must consider utility and ratepayer effects resulting from:
new text end

new text begin (1) the intermittent nature of renewable energy facilities, including but not limited to
the cost to purchase wholesale electricity in the market and the cost to provide ancillary
services;
new text end

new text begin (2) reduced exposure to fuel price volatility, changes in transmission and distribution
costs, portfolio diversification, and environmental compliance costs; and
new text end

new text begin (3) other environmental costs resulting from a nonrenewable energy facility, as determined
by the commission under subdivision 3.
new text end

new text begin (d) In order to determine whether a renewable or clean energy resource is reliable, the
commission must consider, to the extent reasonable, the ability of the resources or facilities
of the utility and the regional electric grid to provide essential reliability services, including
frequency response, balancing services, and voltage control.
new text end

new text begin (e) The commission must make a written determination describing the commission's
findings and the reasoning behind the conclusions regarding whether a renewable or clean
energy resource is affordable and reliable under this subdivision. In making the public
interest determination under paragraph (a), the commission must also consider and make a
written determination as to whether the energy resources approved by the commission:
new text end

new text begin (1) help the state achieve the greenhouse gas reduction goals under section 216H.02;
and
new text end

new text begin (2) help the utility achieve the renewable energy standard under section 216B.1691,
subdivision 2a, or the solar energy standard under section 216B.1691, subdivision 2f.
new text end

new text begin (f) Nothing in this section impacts a decision to continue operating a nuclear facility
that is generating energy in Minnesota as of June 1, 2020. If a decision is made to retire an
existing nuclear electric generating unit, paragraphs (a) to (c) govern the process to identify
replacement resources.
new text end

new text begin (g) The commission may, by order, add to the list of resources the commission determines
are clean energy resources for the purposes of this section upon finding that the resource is
carbon-free and cost competitive when compared with other carbon-free alternatives.
new text end

new text begin (h) If the commission approves a public utility's integrated resource plan that includes
the retirement of a facility that contributes to statewide greenhouse gas emissions, the public
utility is entitled to own at least a portion of the generation, transmission, and other facilities
necessary to replace the accredited capacity and energy of the retiring facility, as determined
by the commission, provided that:
new text end

new text begin (1) for a public utility with more than 200,000 retail electric customers in Minnesota,
the approved resource plan projects that the public utility's contribution to statewide
greenhouse gas emissions is reduced by 80 percent or more, measured from 2005 to 2030;
new text end

new text begin (2) for a public utility with more than 100,000 but fewer than 200,000 retail electric
customers, the approved resource plan projects that the public utility's contribution to
statewide greenhouse gas emissions is reduced by 80 percent or more, measured from 2005
to 2035;
new text end

new text begin (3) for a public utility with fewer than 100,000 retail electric customers in Minnesota,
the approved resource plan projects that the public utility's contribution to statewide
greenhouse gas emissions is reduced by 65 percent or more, measured from 2005 to 2030;
and
new text end

new text begin (4) the commission determines that the public utility's ownership of clean energy and
carbon-free resources that replace retired facilities is reasonable and in the public interest.
new text end

new text begin (i) Utility purchases or contracts to purchase capacity, energy, or ancillary services from
an independent systems operator, an auction, or other market administered by an independent
systems operator, and whose term is one year or less, are not subject to this subdivision.
new text end

Sec. 12.

Minnesota Statutes 2020, section 216B.2422, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Preference for local job creation. new text end

new text begin As part of a resource plan filing, a utility
must report on associated local job impacts and the steps the utility and the utility's energy
suppliers and contractors are taking to maximize the availability of construction employment
opportunities for local workers. The commission must consider local job impacts and give
preference to proposals that maximize the creation of construction employment opportunities
for local workers, consistent with the public interest, when evaluating any utility proposal
that involves the selection or construction of facilities used to generate or deliver energy to
serve the utility's customers, including but not limited to an integrated resource plan, a
certificate of need, a power purchase agreement, or commission approval of a new or
refurbished electric generation facility. The commission must, to the maximum extent
possible, prioritize the hiring of workers from communities hosting retiring electric generation
facilities, including workers previously employed at the retiring facilities.
new text end

Sec. 13.

Minnesota Statutes 2020, section 216B.2422, subdivision 5, is amended to read:


Subd. 5.

Bidding; exemption from certificate of need proceeding.

(a) A utility may
select resources to meet its projected energy demand through a bidding process approved
or established by the commission. A utility shall use the environmental cost estimates
determined under subdivision 3 deleted text begin indeleted text end new text begin and consider local job impacts whennew text end evaluating bids
submitted in a process established under this subdivision.

(b) Notwithstanding any other provision of this section, if an electric power generating
plant, as described in section 216B.2421, subdivision 2, clause (1), is selected in a bidding
process approved or established by the commission, a certificate of need proceeding under
section 216B.243 is not required.

(c) A certificate of need proceeding is also not required for an electric power generating
plant that has been selected in a bidding process approved or established by the commission,
or such other selection process approved by the commission, to satisfy, in whole or in part,
the wind power mandate of section 216B.2423 or the biomass mandate of section 216B.2424.

Sec. 14.

Minnesota Statutes 2020, section 216B.2422, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Transmission planning in advance of generation retirement. new text end

new text begin A utility must
identify in a resource plan each nonrenewable energy facility on the utility's system that
has a depreciation term, probable service life, or operating license term that ends within 15
years of the resource plan filing date. For each nonrenewable energy facility identified, the
utility must include in the resource plan an initial plan to: (1) replace the nonrenewable
energy facility; and (2) upgrade any transmission or other grid capabilities needed to support
the retirement of that nonrenewable energy facility.
new text end

Sec. 15.

Minnesota Statutes 2020, section 216E.03, subdivision 10, is amended to read:


Subd. 10.

Final decision.

(a) No site permit shall be issued in violation of the site
selection standards and criteria established in this section and in rules adopted by the
commission. When the commission designates a site, it shall issue a site permit to the
applicant with any appropriate conditions. The commission shall publish a notice of its
decision in the State Register within 30 days of issuance of the site permit.

(b) No route permit shall be issued in violation of the route selection standards and
criteria established in this section and in rules adopted by the commission. When the
commission designates a route, it shall issue a permit for the construction of a high-voltage
transmission line specifying the design, routing, right-of-way preparation, and facility
construction it deems necessary, and with any other appropriate conditions. The commission
may order the construction of high-voltage transmission line facilities that are capable of
expansion in transmission capacity through multiple circuiting or design modifications. The
commission shall publish a notice of its decision in the State Register within 30 days of
issuance of the permit.

new text begin (c) The commission shall require, as a condition of permit issuance, that the recipient
of a site permit to construct a large electric power generating plant and all of the permit
recipient's construction contractors and subcontractors on the project pay no less than the
prevailing wage rate, as defined in section 177.42. The commission shall also require, as a
condition of modifying a site permit for a large electric power generating plant repowering
project, as defined in section 216B.243, subdivision 8, paragraph (b), that the recipient of
the site permit and all of the permit recipient's construction contractors and subcontractors
on the repowering project pay no less than the prevailing wage rate, as defined in section
177.42.
new text end

new text begin (d) The commission may require, as a condition of permit issuance, that the recipient of
a site permit to construct a large electric power generating plant and all of the permit
recipient's construction contractors and subcontractors on the project participate in
apprenticeship programs that are registered with the Minnesota Department of Labor and
Industry or the Office of Apprenticeship of the United States Department of Labor for the
work on the project. The commission may also require, as a condition of modifying a site
permit for a large electric power generating plant repowering project as defined in section
216B.243, subdivision 8, paragraph (b), that the recipient of the site permit and all of the
permit recipient's construction contractors and subcontractors on the repowering project
participate in apprenticeship programs that are registered with the Minnesota Department
of Labor and Industry or the Office of Apprenticeship of the United States Department of
Labor for the work on the project. In deciding whether to require participation in
apprenticeship programs that are registered with the Minnesota Department of Labor and
Industry or the Office of Apprenticeship of the United States Department of Labor under
this paragraph, the commission shall consider relevant factors, including the direct and
indirect economic impact as well as the quality, efficiency, and safety of construction on
the project.
new text end

Sec. 16.

Minnesota Statutes 2020, section 216F.04, is amended to read:


216F.04 SITE PERMIT.

(a) No person may construct an LWECS without a site permit issued by the Public
Utilities Commission.

(b) Any person seeking to construct an LWECS shall submit an application to the
commission for a site permit in accordance with this chapter and any rules adopted by the
commission. The permitted site need not be contiguous land.

(c) The commission shall make a final decision on an application for a site permit for
an LWECS within 180 days after acceptance of a complete application by the commission.
The commission may extend this deadline for cause.

(d) The commission may place conditions in a permit and may deny, modify, suspend,
or revoke a permit.

new text begin (e) The commission shall require, as a condition of permit issuance, that the recipient
of a site permit to construct an LWECS with a nameplate capacity above 25,000 kilowatts
and all of the permit recipient's construction contractors and subcontractors on the project
pay no less than the prevailing wage rate, as defined in section 177.42. The commission
shall also require, as a condition of modifying a site permit for an LWECS repowering
project, as defined in section 216B.243, subdivision 8, paragraph (b), that the recipient of
the site permit and all of the permit recipient's construction contractors and subcontractors
on the repowering project pay no less than the prevailing wage rate as defined in section
177.42.
new text end

new text begin (f) The commission may require, as a condition of permit issuance, that the recipient of
a site permit to construct an LWECS with a nameplate capacity above 25,000 kilowatts and
all of the permit recipient's construction contractors and subcontractors on the project
participate in apprenticeship programs that are registered with the Minnesota Department
of Labor and Industry or the Office of Apprenticeship of the United States Department of
Labor for the work on the project. The commission may also require, as a condition of
modifying a site permit for an LWECS repowering project as defined in section 216B.243,
subdivision 8, paragraph (b), that the recipient of the site permit and all of the permit
recipient's construction contractors and subcontractors on the repowering project participate
in apprenticeship programs that are registered with the Minnesota Department of Labor and
Industry or the Office of Apprenticeship of the United States Department of Labor for the
work on the project. In deciding whether to require participation in apprenticeship programs
that are registered with the Minnesota Department of Labor and Industry or the Office of
Apprenticeship of the United States Department of Labor under this paragraph, the
commission shall consider relevant factors, including the direct and indirect economic
impact as well as the quality, efficiency, and safety of construction on the project.
new text end

Sec. 17. new text begin EFFECTIVE DATE.
new text end

new text begin This act is effective August 1, 2021, and applies to dockets initiated at the Public Utilities
Commission on or after that date.
new text end