Engrossments
Introduction		Posted on 03/06/2024

ARTICLE 1

MINNESOTA ENERGY INFRASTRUCTURE PERMITTING ACT

Section 1.

new text begin [216I.01] CITATION.
new text end

new text begin This chapter may be cited as the "Minnesota Energy Infrastructure Permitting Act."
new text end

Sec. 2.

new text begin [216I.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin For purposes of this chapter, the terms defined in this
section have the meanings given, unless context clearly indicates or provides otherwise.
new text end

new text begin Subd. 2. new text end

new text begin Associated facility. new text end

new text begin "Associated facility" means a building, equipment,
communication instrumentation, or other physical structure that is necessary to operate a
large energy infrastructure facility. Associated facility includes transmission lines designed
for and capable of operating at 100 kilovolts or less that interconnect the large energy
infrastructure facility with the existing high-voltage transmission system.
new text end

new text begin Subd. 3. new text end

new text begin Commission. new text end

new text begin "Commission" means the Public Utilities Commission.
new text end

new text begin Subd. 4. new text end

new text begin Construction. new text end

new text begin "Construction" means any clearing of land, excavation, or other
action that adversely affects the site's or route's natural environment. Construction does not
include changes needed to temporarily use sites or routes for nonutility purposes, or uses
in securing survey or geological data, including necessary borings to ascertain foundation
conditions.
new text end

new text begin Subd. 5. new text end

new text begin Cultivated agricultural land. new text end

new text begin "Cultivated agricultural land" has the meaning
given in section 216G.01, subdivision 4.
new text end

new text begin Subd. 6. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Commerce.
new text end

new text begin Subd. 7. new text end

new text begin Energy storage system. new text end

new text begin "Energy storage system" means equipment and
associated facilities designed with a nameplate capacity of 10,000 kilowatts or more that is
capable of storing generated electricity for a period of time and delivering the electricity
for use after storage.
new text end

new text begin Subd. 8. new text end

new text begin High-voltage transmission line. new text end

new text begin "High-voltage transmission line" means a
conductor of electric energy and associated facilities that is (1) designed for and capable of
operation at a nominal voltage of 100 kilovolts or more, and (2) is greater than 1,500 feet
in length.
new text end

new text begin Subd. 9. new text end

new text begin Large electric power generating plant. new text end

new text begin "Large electric power generating
plant" means electric power generating equipment and associated facilities designed for or
capable of operation at a capacity of 50,000 kilowatts or more.
new text end

new text begin Subd. 10. new text end

new text begin Large energy infrastructure facility. new text end

new text begin "Large energy infrastructure facility"
means a high-voltage transmission line, a large electric power generating plant, an energy
storage system, a large wind energy conversion system, and any associated facility.
new text end

new text begin Subd. 11. new text end

new text begin Large wind energy conversion system. new text end

new text begin "Large wind energy conversion
system" means any combination of wind energy conversion systems with a combined
nameplate capacity of 5,000 kilowatts or more, and may include transmission lines designed
for and capable of operating at 100 kilovolts or less that interconnect a large wind energy
conversion system with a high-voltage transmission line.
new text end

new text begin Subd. 12. new text end

new text begin Permittee. new text end

new text begin "Permittee" means a person to whom a site or route permit is
issued.
new text end

new text begin Subd. 13. new text end

new text begin Person. new text end

new text begin "Person" means an individual, partnership, joint venture, private or
public corporation, association, firm, public service company, cooperative, political
subdivision, municipal corporation, government agency, public utility district, or any other
entity, public or private, however organized.
new text end

new text begin Subd. 14. new text end

new text begin Route. new text end

new text begin "Route" means the location of a high-voltage transmission line between
two end points. The route may have a variable width of up to 1.25 miles.
new text end

new text begin Subd. 15. new text end

new text begin Site. new text end

new text begin "Site" means the location of a large electric power generating plant, solar
energy generating system, energy storage system, or large wind energy conversion system.
new text end

new text begin Subd. 16. new text end

new text begin Small wind energy conversion system. new text end

new text begin "Small wind energy conversion
system" means any combination of wind energy conversion systems with a combined
nameplate capacity of less than 5,000 kilowatts.
new text end

new text begin Subd. 17. new text end

new text begin Solar energy generating system. new text end

new text begin "Solar energy generating system" means a
set of devices whose primary purpose is to produce electricity by means of any combination
of collecting, transferring, or converting solar-generated energy with a combined nameplate
capacity of 50,000 kilowatts alternating current or more.
new text end

new text begin Subd. 18. new text end

new text begin Utility. new text end

new text begin "Utility" means any entity engaged or intending to engage in generating,
transmitting, or distributing electric energy in Minnesota. Utility includes but is not limited
to a private investor-owned utility, cooperatively owned utility, and public or municipally
owned utility.
new text end

new text begin Subd. 19. new text end

new text begin Wind energy conversion system. new text end

new text begin "Wind energy conversion system" means
a device, including but not limited to a wind charger, windmill, or wind turbine and associated
facilities, that converts wind energy to electrical energy.
new text end

Sec. 3.

new text begin [216I.03] SITING AUTHORITY.
new text end

new text begin Subdivision 1. new text end

new text begin Jurisdiction. new text end

new text begin (a) The commission has the authority to provide for site
and route selection for large energy infrastructure facilities. The commission must issue
permits for large energy infrastructure facilities in a timely fashion and in a manner consistent
with the overall determination of need for the project under section 216B.2425 or 216B.243,
if applicable.
new text end

new text begin (b) The scope of an environmental review conducted under this chapter must not include:
(1) questions of need, including size, type, and timing; (2) alternative system configurations;
or (3) voltage.
new text end

new text begin Subd. 2. new text end

new text begin Interstate routes. new text end

new text begin If a route is proposed in two or more states, the commission
must attempt to reach an agreement with affected states on the entry and exit points before
designating a route. The commission, in discharge of the commission's duties under this
chapter, may make joint investigations, hold joint hearings within or outside of the state,
and issue joint or concurrent orders in conjunction or concurrence with any official or agency
of any state or of the United States. The commission may, pursuant to any consent of
Congress, negotiate and enter into any agreements or compacts with agencies of other states
for cooperative efforts to certify the construction, operation, and maintenance of large
electric power facilities in a manner consistent with this chapter's requirements and to enforce
the respective state laws regarding large electric power facilities.
new text end

Sec. 4.

new text begin [216I.04] APPLICABILITY DETERMINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin This section may be used to determine: (1) whether a proposal
meets the definition of large energy infrastructure facility and is subject to the commission's
siting or routing jurisdiction under this chapter; or (2) which review process is applicable
at the time of the initial application.
new text end

new text begin Subd. 2. new text end

new text begin Solar, wind, or energy storage facilities. new text end

new text begin For solar energy generating systems,
large wind energy conversion systems, or energy storage systems, the alternating current
nameplate capacity of one solar energy generating system, wind energy conversion system,
or energy storage system must be combined with the alternating current nameplate capacity
of any other solar energy generating system, wind energy conversion system, or energy
storage system that:
new text end

new text begin (1) is constructed within the same 12-month period; and
new text end

new text begin (2) exhibits characteristics of being a single development, including but not limited to
ownership structure, an umbrella sales arrangement, shared interconnection, revenue-sharing
arrangements, and common debt or equity financing.
new text end

new text begin Subd. 3. new text end

new text begin Transmission lines. new text end

new text begin For transmission lines, the petitioner must describe the
applicability question and provide sufficient facts to support the determination.
new text end

new text begin Subd. 4. new text end

new text begin Forms; assistance; written determination. new text end

new text begin (a) The commission must provide
forms and assistance to help applicants make a request for an applicability determination.
new text end

new text begin (b) Upon written request from an applicant, the commission must provide a written
determination regarding applicability under this section. The commission must provide the
written determination within 30 days of the date the request was received or 30 days of the
date information that the commission requested from the applicant is received, whichever
is later.
new text end

Sec. 5.

new text begin [216I.05] DESIGNATING SITES AND ROUTES.
new text end

new text begin Subdivision 1. new text end

new text begin Site permit. new text end

new text begin (a) A person is prohibited from constructing a large electric
generating plant, a solar energy generating system, an energy storage system, or a large
wind energy conversion system without a site permit issued by the commission. A person
may construct a large electric generating plant, an energy storage system, a solar energy
generating system, or a large wind energy conversion system only on a site approved by
the commission.
new text end

new text begin (b) The commission must incorporate into one proceeding the route selection for a
high-voltage transmission line that is directly associated with and necessary to interconnect
the large electric generating plant, energy storage system, solar energy generating system,
or wind energy conversion system to the transmission system if the applications are submitted
jointly under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Route permit. new text end

new text begin A person is prohibited from constructing a high-voltage
transmission line without a route permit issued by the commission. A person may construct
a high-voltage transmission line only along a route approved by the commission.
new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin (a) A person that seeks to construct a large energy infrastructure
facility must apply to the commission for a site or route permit, as applicable.
new text end

new text begin (b) The application must contain:
new text end

new text begin (1) a statement of proposed ownership of the facility at the time of filing the application
and after commercial operation;
new text end

new text begin (2) the name of any person or organization initially named as permittee or permittees
and the name of any other person to whom the permit may be transferred if transfer of the
permit is contemplated;
new text end

new text begin (3) a description of the proposed large energy infrastructure facility and all associated
facilities;
new text end

new text begin (4) the environmental information required under subdivision 4;
new text end

new text begin (5) the names of each owner described under subdivision 8;
new text end

new text begin (6) United States Geological Survey topographical maps, or other maps acceptable to
the commission, that show the entire proposed large energy infrastructure facility;
new text end

new text begin (7) a document that identifies existing utility and public rights-of-way along or near the
large energy infrastructure facility;
new text end

new text begin (8) the engineering and operational design concepts for the proposed large energy
infrastructure facility;
new text end

new text begin (9) a cost analysis of the proposed large energy infrastructure facility, including the costs
to construct, operate, and maintain the facility;
new text end

new text begin (10) a description of possible design options to accommodate the large energy
infrastructure facility's future expansion;
new text end

new text begin (11) the procedures and practices proposed to acquire, construct, maintain, and restore
the large energy infrastructure facility's right-of-way or site;
new text end

new text begin (12) a list and brief description of federal, state, and local permits that may be required
for the proposed large energy infrastructure facility;
new text end

new text begin (13) a discussion regarding whether a certificate of need application is required and, if
a certificate of need application is required, whether the certificate of need application has
been submitted;
new text end

new text begin (14) a discussion regarding any other sites or routes that were considered and rejected
by the applicant; and
new text end

new text begin (15) any information the commission requires pursuant to an administrative rule.
new text end

new text begin Subd. 4. new text end

new text begin Environmental information. new text end

new text begin (a) An applicant for a site or route permit must
include in the application environmental information for each proposed site or route. The
environmental information submitted must include:
new text end

new text begin (1) a description of each site or route's environmental setting;
new text end

new text begin (2) a description of the effects the facility's construction and operation has on human
settlement, including but not limited to public health and safety, displacement, noise,
aesthetics, socioeconomic impacts, cultural values, recreation, and public services;
new text end

new text begin (3) a description of the facility's effects on land-based economies, including but not
limited to agriculture, forestry, tourism, and mining;
new text end

new text begin (4) a description of the facility's effects on archaeological and historic resources;
new text end

new text begin (5) a description of the facility's effects on the natural environment, including effects
on air and water quality resources, flora, and fauna;
new text end

new text begin (6) a description of the facility's effects on rare and unique natural resources;
new text end

new text begin (7) a list that identifies human and natural environmental effects that are unavoidable if
the facility is approved at a specific site or route; and
new text end

new text begin (8) a description of (i) measures that might be implemented to mitigate the potential
human and environmental impacts identified in clauses (1) to (7), and (ii) the estimated
costs of the potential mitigative measures.
new text end

new text begin (b) An applicant that applies using the standard process under section 216I.06 may
include the environmental information required under paragraph (a) in the applicant's
environmental assessment.
new text end

new text begin Subd. 5. new text end

new text begin Preapplication coordination. new text end

new text begin At least 30 days before filing an application
with the commission, an applicant must provide notice to: (1) each local unit of government
within which a site or route may be proposed; (2) Minnesota Tribal governments, as defined
under section 10.65, subdivision 2; and (3) the state technical resource agencies. The notice
must describe the proposed project and provide the entities receiving the notice an opportunity
for preapplication coordination or feedback.
new text end

new text begin Subd. 6. new text end

new text begin Preapplication review. new text end

new text begin (a) Before submitting an application under this chapter,
an applicant must provide a draft application to commission staff for review. A draft
application must not be filed electronically.
new text end

new text begin (b) Commission staff's draft application review must focus on the application's
completeness and clarifications that may assist the commission's review of the application.
Upon completion of the preapplication review under this subdivision, commission staff
must provide the applicant a summary of the completeness review. The applicant may
include the completeness review summary with the applicant's application under subdivision
3.
new text end

new text begin Subd. 7. new text end

new text begin Complete applications. new text end

new text begin (a) The commission or the commission's designee
must determine whether an application is complete and advise the applicant of any
deficiencies within ten days of the date an application is received.
new text end

new text begin (b) An application is not incomplete if: (1) information that is not included in the
application may be obtained from the applicant prior to the initial public meeting; and (2)
the information that is not included in the application is not essential to provide adequate
notice.
new text end

new text begin Subd. 8. new text end

new text begin Application notice. new text end

new text begin (a) Within 15 days after the date the commission determines
an application is complete, the commission must:
new text end

new text begin (1) publish notice of the application in a legal newspaper of general circulation in each
county in which the site or route is proposed;
new text end

new text begin (2) provide notice of the application to any regional development commission, Minnesota
Tribal government, county, incorporated municipality, and town in which any part of the
site or route is proposed;
new text end

new text begin (3) provide notice of the application and description of the proposed project to each
owner whose property is within or adjacent to the proposed site or route for the large energy
infrastructure facility; and
new text end

new text begin (4) provide notice to persons who have requested to be placed on a list maintained by
the commission to receive notice of proposed large energy infrastructure facilities.
new text end

new text begin (b) The commission must identify a standard format and content for application notice.
At a minimum, the notice must include: (1) a description of the proposed project, including
a map displaying the general area of the proposed site or route; (2) a description detailing
how a person may receive more information and future notices regarding the application;
and (3) a location where a copy of the application may be reviewed.
new text end

new text begin (c) The notice must also provide information regarding the date and location of the public
meeting where the public can learn more about the proposed project and the commission's
review process.
new text end

new text begin (d) For the purposes of providing mailed notice under this subdivision, an owner is the
person indicated in the records of the county auditor or, in a county where tax statements
are mailed by the county treasurer, in the records of the county treasurer. If necessary, other
appropriate records may be used for purposes of providing mailed notice. The failure to
provide mailed notice to a property owner or defects in the notice do not invalidate the
proceedings, provided a bona fide attempt to comply with this subdivision has been made.
new text end

new text begin Subd. 9. new text end

new text begin Public meeting. new text end

new text begin (a) Within 20 days after the date the commission determines
an application is complete, the commission must hold at least one public meeting in a
location near the proposed large energy infrastructure facility project's location to explain
the permitting process, present major issues, and respond to questions raised by the public.
new text end

new text begin (b) At the public meeting and in written comments accepted at least ten days following
the date of the public meeting, the commission must accept comments on potential impacts,
permit conditions, and alternatives the commission should evaluate when considering the
application.
new text end

new text begin Subd. 10. new text end

new text begin Draft permit; additional considerations. new text end

new text begin Within 30 days after the date the
public comment period closes following the public meeting in subdivision 9, the commission
must:
new text end

new text begin (1) prepare a draft site or route permit for the large energy infrastructure facility. The
draft permit must identify the person or persons who are the permittee, describe the proposed
project, and include proposed permit conditions. A draft site permit does not authorize a
person to construct a large energy infrastructure facility. The commission may change the
draft site permit in any respect before final issuance or may deny the permit; and
new text end

new text begin (2) identify any issues or alternatives the department must evaluate in the department's
environmental impact statement prepared under section 216I.06 or the addendum prepared
under section 216I.07.
new text end

new text begin Subd. 11. new text end

new text begin Designating sites and routes; considerations. new text end

new text begin (a) The commission's site and
route permit determinations must be guided by the state's goals to conserve resources,
minimize environmental impacts, minimize human settlement and other land use conflicts,
and ensure the state's energy security through efficient, cost-effective energy supply and
infrastructure.
new text end

new text begin (b) To facilitate studying, researching, evaluating, and designating sites and routes, the
commission must be guided by but is not limited to:
new text end

new text begin (1) evaluating research and investigations relating to: (i) large energy infrastructure
facilities' effects on land, water, and air resources; and (ii) the effects water and air discharges
and electric and magnetic fields resulting from large energy infrastructure facilities have
on public health and welfare, vegetation, animals, materials, and aesthetic values, including
baseline studies, predictive modeling, and evaluating new or improved methods to minimize
adverse impacts of water and air discharges and other matters pertaining to large energy
infrastructure facilities' effects on the water and air environment;
new text end

new text begin (2) conducting environmental evaluation of sites and routes that are proposed for future
development and expansion, and the relationship of proposed sites and routes for future
development and expansion to Minnesota's land, water, air, and human resources;
new text end

new text begin (3) evaluating the effects of measures designed to minimize adverse environmental
effects;
new text end

new text begin (4) evaluating the potential for beneficial uses of waste energy from proposed large
electric power generating plants;
new text end

new text begin (5) analyzing the direct and indirect economic impact of proposed sites and routes,
including but not limited to productive agricultural land lost or impaired;
new text end

new text begin (6) evaluating adverse direct and indirect environmental effects that are unavoidable
should the proposed site and route be accepted;
new text end

new text begin (7) evaluating alternatives to the applicant's proposed site or route, if applicable;
new text end

new text begin (8) when appropriate, evaluating potential routes that would use or parallel existing
railroad and highway rights-of-way;
new text end

new text begin (9) evaluating governmental survey lines and other natural division lines of agricultural
land to minimize interference with agricultural operations;
new text end

new text begin (10) evaluating the future needs for large energy infrastructure facilities in the same
general area as any proposed site or route;
new text end

new text begin (11) evaluating irreversible and irretrievable commitments of resources should the
proposed site or route be approved;
new text end

new text begin (12) when appropriate, considering the potential impacts raised by other state and federal
agencies and local entities;
new text end

new text begin (13) evaluating the benefits of the proposed facility with respect to (i) the protection and
enhancement of environmental quality, and (ii) the reliability of state and regional energy
supplies;
new text end

new text begin (14) evaluating the proposed facility's impact on socioeconomic factors; and
new text end

new text begin (15) evaluating the proposed facility's employment and economic impacts in the facility
site's vicinity and throughout Minnesota, including the quantity, quality, and compensation
level of construction and permanent jobs. The commission must consider a facility's local
employment and economic impacts, and may reject or place conditions on a site or route
permit based on the local employment and economic impacts.
new text end

new text begin (c) If the commission's rules are substantially similar to existing federal agency
regulations the utility is subject to, the commission must apply the federal regulations.
new text end

new text begin (d) The commission is prohibited from designating a site or route that violates state
agency rules.
new text end

new text begin (e) When applicable, the commission must make a specific finding that the commission
considered locating a route for a high-voltage transmission line on an existing high-voltage
transmission route and using parallel existing highway right-of-way. To the extent an existing
high-voltage transmission route or parallel existing right-of-way is not used for the route,
the commission must state the reasons.
new text end

new text begin Subd. 12. new text end

new text begin Final decision. new text end

new text begin (a) The commission is prohibited from issuing a site permit
in violation of the site selection standards and criteria established under this section and in
rules the commission adopts. When the commission designates a site, the commission must
issue a site permit to the applicant with any appropriate conditions. The commission must
publish a notice of the commission's decision in the Environmental Quality Board Monitor
within 30 days of the date the commission issues the site permit.
new text end

new text begin (b) The commission is prohibited from issuing a route permit in violation of the route
selection standards and criteria established under this section and in rules the commission
adopts. When the commission designates a route, the commission must issue a permit for
the construction of a high-voltage transmission line that specifies the design, routing,
right-of-way preparation, and facility construction the commission deems necessary,
including any other appropriate conditions. The commission may order the construction of
high-voltage transmission line facilities that are capable of expanding transmission capacity
through multiple circuiting or design modifications. The commission must publish a notice
of the commission's decision in the Environmental Quality Board Monitor within 30 days
of the date the commission issues the route permit.
new text end

new text begin (c) The commission must require as a condition of permit issuance, including the issuance
of a modified permit for a repowering project, as defined in section 216B.243, subdivision
8, paragraph (b), that the recipient of a site permit to construct a large electric power
generating plant, including all of the permit recipient's construction contractors and
subcontractors on the project: (1) must pay no less than the prevailing wage rate, as defined
in section 177.42; and (2) is subject to the requirements and enforcement provisions under
sections 177.27, 177.30, 177.32, 177.41 to 177.435, and 177.45.
new text end

new text begin Subd. 13. new text end

new text begin Commission; technical expertise and other assistance. new text end

new text begin The commission
must consult with other state agencies and obtain technical expertise and other assistance
for activities and proceedings under this chapter.
new text end

Sec. 6.

new text begin [216I.06] APPLICATIONS; MAJOR REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Environmental review. new text end

new text begin (a) The commission must prepare an
environmental impact statement on each proposed large energy infrastructure facility for
which a complete application has been submitted. For the purposes of environmental review,
the commission is prohibited from considering whether or not the project is needed. No
other state environmental review documents are required. The commission must study and
evaluate any site or route approved by the commission under section 216I.05, subdivision
10.
new text end

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 commission 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
resulting from increased efficiency from thermal energy production on the part of the
customer that operates or owns the proposed cogeneration facility.
new text end

new text begin (c) The commission must publish a draft environmental impact statement no later than
90 days after the date the commission votes under section 216I.05, subdivision 10. The
public may provide comments on the draft environmental impact statement at the public
hearing and comment period under subdivision 2.
new text end

new text begin (d) The commission must publish a final environmental impact statement responding to
the timely substantive comments on the draft environmental impact statement consistent
with the scoping decision. The final environmental impact statement must discuss at
appropriate points in the final environmental impact statement any reasonable opposing
views relating to scoping issues that were not adequately discussed in the draft environmental
impact statement and must indicate a response to the reasonable opposing views. When
making the commission's final decision, the commission must consider the final
environmental impact statement and the entirety of the record related to human and
environmental impacts.
new text end

new text begin Subd. 2. new text end

new text begin Public hearing. new text end

new text begin (a) No later than ten days after the date the draft environmental
impact statement is published, the commission must hold a public hearing on an application
for a large energy infrastructure facility site or route permit. A hearing held to designate a
site or route must be conducted by an administrative law judge from the Office of
Administrative Hearings pursuant to the contested case procedures under sections 14.57 to
14.62. The commission must provide notice of the hearing at least ten days before but no
earlier than 45 days before the date the hearing commences. The commission must provide
notice by (1) publishing in a legal newspaper of general circulation in the county in which
the public hearing is to be held, and (2) mailing to chief executives of the regional
development commissions, counties, organized towns, townships, and incorporated
municipalities in which a site or route is proposed. Any person may appear at the hearings
and offer testimony and exhibits without the necessity of intervening as a formal party to
the proceedings. The administrative law judge may allow any person to ask questions of
other witnesses. The administrative law judge must hold a portion of the hearing in the area
where the large energy infrastructure facility's location is proposed. The commission and
administrative law judge must accept written comments within 20 days of the public hearing's
date.
new text end

new text begin Subd. 3. new text end

new text begin Administrative law judge report. new text end

new text begin The administrative law judge must issue a
report and recommendations no later than 30 days after the date the public comment period
under subdivision 2 closes.
new text end

new text begin Subd. 4. new text end

new text begin Timing. new text end

new text begin The commission must make a final decision on an application within
60 days of the date the administrative law judge's report is received. A final decision on the
site or route permit request must be made within one year of the date the commission
determines an application is complete. The commission may extend the time limit under
this subdivision for up to three months for just cause or upon agreement with the applicant.
new text end

Sec. 7.

new text begin [216I.07] APPLICATIONS; STANDARD REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Standard review. new text end

new text begin An applicant who seeks a site or route permit for one
of the projects identified in this section may follow the procedures under this section in lieu
of the procedures under section 216I.06. The applicant must notify the commission at the
time the application is submitted which procedure the applicant has elected to follow.
new text end

new text begin Subd. 2. new text end

new text begin Applicable projects. new text end

new text begin The requirements and procedures under this section apply
to:
new text end

new text begin (1) large electric power generating plants with a capacity of less than 80 megawatts;
new text end

new text begin (2) large electric power generating plants that are fueled by natural gas;
new text end

new text begin (3) high-voltage transmission lines with a capacity between 100 and 300 kilovolts;
new text end

new text begin (4) high-voltage transmission lines with a capacity in excess of 300 kilovolts and less
than 30 miles in length in Minnesota;
new text end

new text begin (5) high-voltage transmission lines with a capacity in excess of 300 kilovolts, if at least
80 percent of the distance of the line in Minnesota, as proposed by the applicant, is located
along existing high-voltage transmission line right-of-way;
new text end

new text begin (6) solar energy systems;
new text end

new text begin (7) energy storage systems; and
new text end

new text begin (8) large wind energy conversion systems.
new text end

new text begin Subd. 3. new text end

new text begin Environmental review. new text end

new text begin (a) For the projects identified in subdivision 2 and
following the procedures under this section, the applicant must prepare and submit an
environmental assessment with the application. A draft of the environmental assessment
must also be provided to commission staff as part of the preapplication review under section
216I.05, subdivision 6. The environmental assessment must (1) contain information regarding
the proposed project's human and environmental impacts, and (2) address mitigating measures
for identified impacts. The environmental assessment is the only state environmental review
document that must be prepared for the proposed project.
new text end

new text begin (b) If after the public meeting the commission identifies other sites or routes or potential
impacts for review, the commission must prepare an addendum to the environmental
assessment that evaluates (1) the human and environmental impacts of the alternative site
or route, and (2) any additional mitigating measures related to the identified impacts. The
commission must electronically file the addendum no later than 30 days after the date of
the commission's vote under section 216I.05, subdivision 9. When making the commission's
final decision, the commission must consider the environmental assessment, the
environmental assessment addendum, if any, and the entirety of the record related to human
and environmental impacts.
new text end

new text begin Subd. 4. new text end

new text begin Public hearing. new text end

new text begin No later than 40 days after the date the commission issues a
draft permit under section 216I.05, subdivision 10, the commission must hold a public
hearing in the area where the facility's location is proposed. The commission must provide
notice of the public hearing in the same manner as required under section 216I.06, subdivision
2. The commission must conduct the public hearing under procedures established by the
commission and may request that an administrative law judge from the Office of
Administrative Hearings conduct the hearing. The applicant must be present at the hearing
to present evidence and to answer questions. The commission must provide opportunity at
the public hearing for any person to present comments and to ask questions of the applicant
and commission staff. The commission must also provide interested persons an opportunity
to submit written comments into the record up to 20 days after the public hearing.
new text end

new text begin Subd. 5. new text end

new text begin Timing. new text end

new text begin The commission must make a final decision on an application within
60 days of the date the public comment period following completion of the public hearing
closes. A final decision on the request for a site or route permit under this section must be
made within six months of the date the commission determines the application is complete.
The commission may extend the time limit under this subdivision for up to three months
for just cause or upon agreement with the applicant.
new text end

Sec. 8.

new text begin [216I.08] APPLICATIONS; LOCAL REVIEW.
new text end

new text begin Subdivision 1. new text end

new text begin Local review authorized. new text end

new text begin (a) Notwithstanding sections 216I.06 and
216I.07, an applicant who seeks a site or route permit for one of the projects identified in
subdivision 2 may apply to the local units of government that have jurisdiction over the site
or route for approval to build the project. If local approval is granted, a site or route permit
is not required from the commission. If the applicant files an application with the commission,
the applicant waives the applicant's right to seek local approval for the project.
new text end

new text begin (b) A local unit of government with jurisdiction over a project identified in this section
to whom an applicant has applied for approval to build the project may request that the
commission assume jurisdiction and make a decision on a site or route permit pursuant to
the applicable provisions under this chapter. A local unit of government must file the request
with the commission within 60 days of the date an applicant files an application for the
project with any one local unit of government. If one of the local units of government with
jurisdiction over the project requests that the commission assume jurisdiction, jurisdiction
over the project transfers to the commission. If the local units of government maintain
jurisdiction over the project, the commission must select the appropriate local unit of
government to be the responsible governmental unit to conduct the project's environmental
review.
new text end

new text begin Subd. 2. new text end

new text begin Applicable projects. new text end

new text begin An applicant may seek approval under this section from
a local unit of government to construct:
new text end

new text begin (1) large electric power generating plants and solar energy generating systems with a
capacity of less than 80 megawatts;
new text end

new text begin (2) large electric power generating plants of any size that burn natural gas and are intended
to be a peaking plant;
new text end

new text begin (3) high-voltage transmission lines with a capacity between 100 and 200 kilovolts;
new text end

new text begin (4) substations with a voltage designed for and capable of operation at a nominal voltage
of 100 kilovolts or more;
new text end

new text begin (5) a high-voltage transmission line service extension to a single customer between 200
and 300 kilovolts and less than ten miles in length;
new text end

new text begin (6) a high-voltage transmission line rerouting to serve the demand of a single customer
if at least 80 percent of the rerouted line is located on property owned or controlled by the
customer or the owner of the transmission line;
new text end

new text begin (7) energy storage systems; and
new text end

new text begin (8) large wind energy conversion systems with a capacity less than 25 megawatts.
new text end

new text begin Subd. 3. new text end

new text begin Notice of application. new text end

new text begin An applicant must notify the commission that the
applicant has elected to seek local approval of the proposed project within ten days of the
date the applicant submits an application to a local unit of government to approve an eligible
project.
new text end

new text begin Subd. 4. new text end

new text begin Environmental review. new text end

new text begin A local unit of government that maintains jurisdiction
over a qualifying project must prepare or request that the applicant prepare an environmental
assessment on the project. The local unit of government must afford the public an opportunity
to participate in developing the scope of the environmental assessment before the
environmental assessment is prepared. Upon completing the environmental assessment, the
local unit of government must publish notice in the EQB Monitor that indicates (1) the
environmental assessment is available for review, (2) how a copy of the document may be
reviewed, (3) that the public may comment on the document, and (4) the procedure for
submitting comments to the local unit of government. Upon completion of the environmental
assessment, the local unit of government must provide a copy of the environmental
assessment to the commission. The local unit of government is prohibited from making a
final decision on the permit until at least ten days after the date the notice appears in the
EQB Monitor. If more than one local unit of government has jurisdiction over a project and
the local units of government cannot agree which local unit of government prepares the
environmental assessment, any local unit of government or the applicant may request that
the commission select the appropriate local unit of government to be the responsible
governmental unit to conduct an environmental review of the project.
new text end

Sec. 9.

new text begin [216I.09] MINOR ALTERATIONS; PERMIT AMENDMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to a project that:
new text end

new text begin (1) upgrades or rebuilds an existing electric line and associated facilities to a voltage
capable of operating between 100 kilovolts and 300 kilovolts, provided not more than one
mile of the upgrade or rebuilding is located more than 50 feet from either side of the
centerline of the existing electric line;
new text end

new text begin (2) reroutes a high-voltage transmission line to serve the demand of a single customer,
if at least 80 percent of the rerouted line is located on property owned or controlled by the
customer or the owner of the transmission line;
new text end

new text begin (3) repowers or refurbishes a large electric power generating plant, a large wind energy
conversion system, a solar energy generating system, or an energy storage system that
increases the efficiency of the system, provided the project does not increase the developed
area within the permitted site or increase the nameplate capacity of the facility's most recent
interconnection agreement. For a large electric power generating plant, an increase in
efficiency is a reduction in the amount of British thermal units required to produce a kilowatt
hour of electricity at the facility;
new text end

new text begin (4) is requested by the owner of the large energy infrastructure facility to modify any
provision or condition of a site or route permit issued by the commission; and
new text end

new text begin (5) changes a large energy infrastructure facility in a manner that does not result in a
significant change to the facility's human and environmental impact.
new text end

new text begin Subd. 2. new text end

new text begin Application. new text end

new text begin A person that seeks authorization to make a minor alteration in
a large energy infrastructure facility must apply to the commission. The application must
be in writing and must (1) describe the alteration to be made or the amendment sought, and
(2) explain why the request meets the eligibility criteria under subdivision 1. The application
must describe any changes to the environmental impacts evaluated by the commission as
part of the initial permit approval.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin The commission must mail notice that the application was received to
the persons on the general list and to the persons on the project contact list, if a project list
exists.
new text end

new text begin Subd. 4. new text end

new text begin Public comment. new text end

new text begin The commission must provide at least a ten-day period for
interested persons to submit comments on the application or to request that the matter be
brought to the commission for consideration. The applicant may respond to submitted
comments within seven days of the date the comment period closes.
new text end

new text begin Subd. 5. new text end

new text begin Timing. new text end

new text begin Within twenty days of the date the public comment period closes, the
commission must decide whether to authorize the minor alteration or permit amendment,
bring the matter to the commission for consideration, or determine that the application
requires a permitting decision under another section in this chapter.
new text end

new text begin Subd. 6. new text end

new text begin Decision. new text end

new text begin The commission may authorize a minor alteration or amendment but
impose reasonable conditions on the approval. The commission must notify the applicant
in writing of the commission's decision and send a copy of the decision to any person who
requested notification or filed comments on the application.
new text end

new text begin Subd. 7. new text end

new text begin Local review. new text end

new text begin For a large electric power generating plant or high-voltage
transmission line that was not issued a permit by the commission, the owner or operator of
the nonpermitted facility may seek approval of a project listed under subdivision 1 from
the local unit of government if the facility qualifies for standard review under section 216I.07
or local review under section 216I.08.
new text end

Sec. 10.

new text begin [216I.10] EXEMPT PROJECTS.
new text end

new text begin Subdivision 1. new text end

new text begin Permit not required. new text end

new text begin A permit issued by the commission is not required
to construct:
new text end

new text begin (1) a small wind energy conversion system;
new text end

new text begin (2) a power plant or solar generating system with a capacity of less than 50 megawatts;
new text end

new text begin (3) an energy storage system with a capacity of less than ten megawatts;
new text end

new text begin (4) a transmission line that (i) has a capacity of 100 kilovolts or more, and (ii) is less
than 1,500 feet in length; and
new text end

new text begin (5) a transmission line that has a capacity of less than 100 kilovolts.
new text end

new text begin Subd. 2. new text end

new text begin Other approval. new text end

new text begin A person that proposes a facility listed in subdivision 1 must
(1) obtain any approval required by local, state, or federal units of government with
jurisdiction over the project, and (2) comply with the environmental review requirements
under chapter 116D and Minnesota Rules, chapter 4410.
new text end

Sec. 11.

new text begin [216I.11] PERMITTING REQUIREMENTS; EXCEPTIONS FOR CERTAIN
FACILITIES.
new text end

new text begin Subdivision 1. new text end

new text begin Permit not required. new text end

new text begin The following projects do not constitute the
construction of a large energy infrastructure facility and may be constructed without a permit
issued by the commission:
new text end

new text begin (1) maintaining or repairing an existing large energy infrastructure facility within an
existing site or right-of-way;
new text end

new text begin (2) adding equipment at an existing substation that does not (i) require more than a
one-acre expansion of the land needed for the substation, and (ii) involve an increase in the
voltage or changes in the location of existing transmission lines, except that up to the first
five transmission line structures outside the substation may be moved to accommodate the
equipment additions, provided the structures are not moved more than 500 feet from the
existing right-of-way;
new text end

new text begin (3) reconductoring or reconstructing a high-voltage transmission line that does not result
in a change to voltage or a change in right-of-way;
new text end

new text begin (4) relocating a high-voltage transmission line that is required by a local or state agency
as part of road, street, or highway construction;
new text end

new text begin (5) converting the fuel source of a large electric power generating plant to natural gas,
provided the plant is not expanded beyond the developed portion of the plant site; and
new text end

new text begin (6) starting up an existing large electric power generating plant that has been closed for
any period of time at no more than the large electric power generating plant's previous
capacity rating and in a manner that does not involve changing the fuel or expanding the
developed portion of the plant site.
new text end

new text begin Subd. 2. new text end

new text begin Minor alteration or amendment. new text end

new text begin If a modification or other change to an
existing large energy infrastructure facility does not qualify for an exception under
subdivision 1, the modification or change may qualify as a minor alteration or amendment
under section 216I.09.
new text end

new text begin Subd. 3. new text end

new text begin Notice. new text end

new text begin A person that proposes to implement changes to a large energy
infrastructure facility under subdivision 1, clauses (2) to (5), must notify the commission
in writing at least 30 days before commencing construction of the modification or change.
new text end

Sec. 12. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor shall renumber each section of Minnesota Statutes in Column A with the
number in Column B.
new text end

	new text begin Column A new text end	new text begin Column B new text end
	new text begin 216E.06 new text end	new text begin 216I.12 new text end
	new text begin 216E.07 new text end	new text begin 216I.13 new text end
	new text begin 216E.08, subdivision 2 new text end	new text begin 216I.14, subdivision 1 new text end
	new text begin 216E.08, subdivision 3 new text end	new text begin 216I.14, subdivision 2 new text end
	new text begin 216E.09 new text end	new text begin 216I.15 new text end
	new text begin 216E.10 new text end	new text begin 216I.16 new text end
	new text begin 216F.084 new text end	new text begin 216I.17 new text end
	new text begin 216E.11 new text end	new text begin 216I.18 new text end
	new text begin 216E.12 new text end	new text begin 216I.19 new text end
	new text begin 216E.03, subdivision 8 new text end	new text begin 216I.20 new text end
	new text begin 216E.13 new text end	new text begin 216I.21 new text end
	new text begin 216E.14 new text end	new text begin 216I.22 new text end
	new text begin 216E.15 new text end	new text begin 216I.23 new text end
	new text begin 216E.16 new text end	new text begin 216I.24 new text end
	new text begin 216E.17 new text end	new text begin 216I.25 new text end
	new text begin 216E.18, subdivision 2a new text end	new text begin 216I.26, subdivision 1 new text end
	new text begin 216E.18, subdivision 3 new text end	new text begin 216I.26, subdivision 2 new text end

Sec. 13. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Minnesota Statutes, chapter 216E, repeals. new text end

new text begin (a) new text end new text begin Minnesota Statutes
2022, sections 216E.001; 216E.01, subdivisions 1, 2, 3, 4, 5, 7, 8, 9, and 10; 216E.02;
216E.03, subdivisions 2, 3a, 3b, 4, and 9; 216E.04, subdivisions 1, 3, 4, 5, 6, 7, 8, and 9;
216E.05, subdivisions 1 and 3; 216E.08, subdivisions 1 and 4; and 216E.18, subdivisions
1 and 2, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2023 Supplement, sections 216E.01, subdivisions 3a, 6, and 9a;
216E.03, subdivisions 1, 3, 5, 6, 7, 10, and 11; 216E.04, subdivision 2; and 216E.05,
subdivision 2, new text end new text begin are repealed.
new text end

new text begin Subd. 2. new text end

new text begin Minnesota Statutes, chapter 216F, repeals. new text end

new text begin (a) new text end new text begin Minnesota Statutes 2022,
sections 216F.01; 216F.011; 216F.012; 216F.015; 216F.02; 216F.03; 216F.05; 216F.06;
216F.07; 216F.08; and 216F.081, new text end new text begin are repealed.
new text end

new text begin (b) new text end new text begin Minnesota Statutes 2023 Supplement, section 216F.04, new text end new text begin is repealed.
new text end

new text begin Subd. 3. new text end

new text begin Minnesota Rules, chapter 7854, repeals. new text end

new text begin Minnesota Rules, parts 7854.0100;
7854.0200; 7854.0300; 7854.0400; 7854.0500; 7854.0600; 7854.0700; 7854.0800;
7854.0900; 7854.1000; 7854.1100; 7854.1200; 7854.1300; 7854.1400; and 7854.1500, new text end new text begin are
repealed.
new text end

new text begin Subd. 4. new text end

new text begin Minnesota Rules, chapter 7850, repeals. new text end

new text begin Minnesota Rules, parts 7850.1000;
7850.1100; 7850.1200; 7850.1300; 7850.1400; 7850.1500; 7850.1600; 7850.1700;
7850.1800; 7850.1900; 7850.2000; 7850.2100; 7850.2200; 7850.2300; 7850.2400;
7850.2500; 7850.2600; 7850.2700; 7850.2800; 7850.2900; 7850.3000; 7850.3100;
7850.3200; 7850.3300; 7850.3400; 7850.3500; 7850.3600; 7850.3700; 7850.3800;
7850.3900; 7850.4000; 7850.4100; 7850.4200; 7850.4500; 7850.4600; 7850.4700;
7850.4800; 7850.4900; 7850.5000; 7850.5100; 7850.5200; 7850.5300; 7850.5400;
7850.5500; and 7850.5600, new text end new text begin are repealed.
new text end

Sec. 14. new text begin EFFECTIVE DATE.
new text end

new text begin This article is effective January 1, 2025.
new text end

ARTICLE 2

CERTIFICATES OF NEED

Section 1.

Minnesota Statutes 2022, section 216B.2421, subdivision 2, is amended to read:

Subd. 2.

Large energy facility.

"Large energy facility" means:

(1) any electric power generating plant or combination of plants at a single site with a
combined capacity of 50,000 kilowatts or more and transmission lines directly associated
with the plant that are necessary to interconnect the plant to the transmission system;

(2) any high-voltage transmission line with a capacity of deleted text begin 200deleted text end new text begin 300new text end kilovolts or more and
greater than deleted text begin 1,500 feetdeleted text end new text begin one milenew text end in lengthnew text begin in Minnesotanew text end ;

(3) any high-voltage transmission line with a capacity of 100 kilovolts or more with
more than ten miles of its length in Minnesota deleted text begin or that crosses a state linedeleted text end ;

(4) any pipeline greater than six inches in diameter and having more than 50 miles of
its length in Minnesota used for the transportation of coal, crude petroleum or petroleum
fuels or oil, or their derivatives;

(5) any pipeline for transporting natural or synthetic gas at pressures in excess of deleted text begin 200deleted text end new text begin
275new text end pounds per square inch with more than 50 miles of its length in Minnesota;

(6) any facility designed for or capable of storing on a single site more than 100,000
gallons of liquefied natural gas or synthetic gas;

(7) any underground gas storage facility requiring a permit pursuant to section 103I.681;

(8) any nuclear fuel processing or nuclear waste storage or disposal facility; and

(9) any facility intended to convert any material into any other combustible fuel and
having the capacity to process in excess of 75 tons of the material per hour.

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 2022, section 216B.243, subdivision 3, is amended to read:

Subd. 3.

Showing required for construction.

No proposed large energy facility shall
be certified for construction unless the applicant can show that demand for electricity cannot
be met more cost effectively through energy conservation and load-management measures
and unless the applicant has otherwise justified its need. In assessing need, the commission
shall evaluate:

(1) the accuracy of the long-range energy demand forecasts on which the necessity for
the facility is based;

(2) the effect of existing or possible energy conservation programs under sections 216C.05
to 216C.30 and this section or other federal or state legislation on long-term energy demand;

(3) the relationship of the proposed facility to overall state deleted text begin energy needs, as described
in the most recent state energy policy and conservation report prepared under section
216C.18, or, in the case of a high-voltage transmission line, the relationship of the proposed
line todeleted text end new text begin andnew text end regional energy needsdeleted text begin , as presented in the transmission plan submitted under
section 216B.2425deleted text end ;

(4) promotional activities that may have given rise to the demand for this facility;

(5) benefits of this facility, including its uses to protect or enhance environmental quality,
and to increase reliability of energy supply in Minnesota and the region;

(6) possible alternatives for satisfying the energy demand or transmission needs including
but not limited to potential for increased efficiency and upgrading of existing energy
generation and transmission facilities, load-management programs, and distributed generation;

(7) the policies, rules, and regulations of other state and federal agencies and local
governments;

(8) any feasible combination of energy conservation improvements, required under
section 216B.241, that can (i) replace part or all of the energy to be provided by the proposed
facility, and (ii) compete with it economically;

(9) with respect to a high-voltage transmission line, the benefits of enhanced regional
reliability, access, or deliverability to the extent these factors improve the robustness of the
transmission system or lower costs for electric consumers in Minnesota;

(10) whether the applicant or applicants are in compliance with applicable provisions
of sections 216B.1691 and 216B.2425, subdivision 7, and have filed or will file by a date
certain an application for certificate of need under this section or for certification as a priority
electric transmission project under section 216B.2425 for any transmission facilities or
upgrades identified under section 216B.2425, subdivision 7;

(11) whether the applicant has made the demonstrations required under subdivision 3a;
and

(12) if the applicant is proposing a nonrenewable generating plant, the applicant's
assessment of the risk of environmental costs and regulation on that proposed facility over
the expected useful life of the plant, including a proposed means of allocating costs associated
with that risk.

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 2022, section 216B.243, subdivision 3a, is amended to read:

Subd. 3a.

Use of renewable resource.

The commission may not issue a certificate of
need under this section for a large energy facility that generates electric power deleted text begin by means
of a nonrenewable energy source, or that transmits electric power generateddeleted text end by means of a
nonrenewable energy source, unless the applicant for the certificate has demonstrated to
the commission's satisfaction that it has explored the possibility of generating power by
means of renewable energy sources and has demonstrated that the alternative selected is
less expensive deleted text begin (deleted text end new text begin , new text end including environmental costsdeleted text begin )deleted text end new text begin ,new text end than power generated by a renewable
energy source. For purposes of this subdivision, "renewable energy source" includes hydro,
wind, solar, and geothermal energy and the use of trees or other vegetation as fuel.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2022, section 216B.243, subdivision 4, is amended to read:

Subd. 4.

Application for certificate; hearing.

Any person proposing to construct a
large energy facility shall apply for a certificate of need and for a site or route permit under
chapter deleted text begin 216Edeleted text end new text begin 216Inew text end prior to construction of the facility. The application shall be on forms
and in a manner established by the commission. In reviewing each application the commission
shall hold at least one public hearing pursuant to chapter 14. The public hearing shall be
held at a location and hour reasonably calculated to be convenient for the public. An objective
of the public hearing shall be to obtain public opinion on the necessity of granting a certificate
of need and, if a joint hearing is held, a site or route permit. The commission shall designate
a commission employee whose duty shall be to facilitate citizen participation in the hearing
process. Unless the commission determines that a joint hearing on siting and need under
this subdivision and deleted text begin section 216E.03, subdivision 6deleted text end new text begin chapter 216Inew text end deleted text begin ,deleted text end is not feasible or more
efficient, or otherwise not in the public interest, a joint hearing under deleted text begin those subdivisions
shalldeleted text end new text begin this subdivision and chapter 216I mustnew text end be held.new text begin When the commission authorizes a
joint hearing under this subdivision, only the environmental requirements and review under
chapter 216I apply to the certificate of need process.
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. 5.

Minnesota Statutes 2023 Supplement, section 216B.243, subdivision 8, is amended
to read:

Subd. 8.

Exemptions.

(a) This section does not apply to:

(1) cogeneration or small power production facilities as defined in the Federal Power
Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and
paragraph (18), subparagraph (A), and having a combined capacity at a single site of less
than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or
any case where the commission has determined after being advised by the attorney general
that its application has been preempted by federal law;

(2) a high-voltage transmission line proposed primarily to distribute electricity to serve
the demand of a single customer at a single location, unless the applicant opts to request
that the commission determine need under this section or section 216B.2425;

(3) the upgrade to a higher voltage of an existing transmission line that serves the demand
of a single customer that primarily uses existing rights-of-way, unless the applicant opts to
request that the commission determine need under this section or section 216B.2425;

(4) a high-voltage transmission line of one mile or less required to connect a new or
upgraded substation to an existing, new, or upgraded high-voltage transmission line;

(5) conversion of the fuel source of an existing electric generating plant to using natural
gas;

(6) the modification of an existing electric generating plant to increase efficiency, as
long as the capacity of the plant is not increased more than ten percent or more than 100
megawatts, whichever is greater;

(7) a large wind energy conversion system, as defined in section deleted text begin 216F.01, subdivision
2deleted text end new text begin 216I.02, subdivision 11new text end , or a solar energy generating system, as defined in section deleted text begin 216E.01,
subdivision 9adeleted text end new text begin 216I.02, subdivision 17new text end , for which a site permit application is submitted by
an independent power producer under chapter deleted text begin 216E or 216Fdeleted text end new text begin 216Inew text end ; deleted text begin or
deleted text end

(8) a large wind energy conversion system, as defined in section deleted text begin 216F.01, subdivision
2deleted text end new text begin 216I.02, subdivision 11new text end , or a solar energy generating system deleted text begin that is a large energy facilitydeleted text end ,
as defined in section deleted text begin 216B.2421, subdivision 2deleted text end new text begin 216I.02, subdivision 17new text end , engaging in a
repowering project that:

(i) will not result in the system exceeding the nameplate capacity under its most recent
interconnection agreement; or

(ii) will result in the system exceeding the nameplate capacity under its most recent
interconnection agreement, provided that the Midcontinent Independent System Operator
has provided a signed generator interconnection agreement that reflects the expected net
power increasedeleted text begin .deleted text end new text begin ;
new text end

new text begin (9) energy storage systems, as defined in section 216I.02, subdivision 7;
new text end

new text begin (10) transmission lines directly associated with large wind energy conversion systems,
solar energy generating systems, or energy storage systems that are necessary to interconnect
the facility to the transmission system; or
new text end

new text begin (11) relocation of an existing high voltage transmission line to new right-of-way, provided
that any new structures that are installed are not designed for and capable of operation at
higher voltage.
new text end

(b) For the purpose of this subdivision, "repowering project" means:

(1) modifying a large wind energy conversion system or a solar energy generating system
that is a large energy facility to increase its efficiency without increasing its nameplate
capacity;

(2) replacing turbines in a large wind energy conversion system without increasing the
nameplate capacity of the system; or

(3) increasing the nameplate capacity of a large wind energy conversion system.

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2022, section 216B.243, subdivision 9, is amended to read:

Subd. 9.

Renewable energy standard facilities.

This section does not apply to deleted text begin a wind
energy conversion system or a solar electric generation facility that isdeleted text end new text begin the energy resources
identified in section 216B.1691, subdivision 1, paragraphs (b) and (c), that arenew text end intended to
be used to meet the obligations of section 216B.1691; provided that, after notice and
comment, the commission determines that the facility is a reasonable and prudent approach
to meeting a utility's obligations under that section. When making this determination, the
commission must consider:

(1) the size of the facility relative to a utility's total need for renewable resources;

(2) alternative approaches for supplying the renewable energy to be supplied by the
proposed facility;

(3) the facility's ability to promote economic development, as required under section
216B.1691, subdivision 9;

(4) the facility's ability to maintain electric system reliability;

(5) impacts on ratepayers; and

(6) other criteria as the commission may determine are relevant.

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

CONFORMING CHANGES

Section 1.

Minnesota Statutes 2022, section 216A.037, subdivision 1, is amended to read:

Subdivision 1.

Ex parte communications prohibitions; rules.

(a) The commission
shall adopt rules under chapter 14 prescribing permissible and impermissible ex parte
communications. The ex parte rules may prohibit only ex parte communications, directly
or indirectly, between a commissioner and a participant or party under the commission's
rules of practice and procedure relating to:

(1) a material issue during a pending contested case proceeding;

(2) a material issue in a rulemaking proceeding after the beginning of commission
deliberations;

(3) a material issue in a disputed formal petition; and

(4) any other communication impermissible by law.

(b) The commission may apply ex parte prohibitions, prospectively and after notice to
affected parties, to other commission proceedings as the commission deems necessary.

(c) A contested case is pending from the time the commission refers the matter to the
Office of Administrative Hearings until the commission has issued its final order, and the
time to petition for reconsideration has expired or the commission has issued an order finally
disposing an application for reconsideration, whichever is later.

new text begin (d) Commission staff and consultants that provide technical expertise under section
216I.04, subdivision 13, and carry out environmental review and other activities identified
in chapters 216G and 216I are not parties, participants, or decision making personnel, as
defined under Minnesota Rules, part 7845.7000.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 216E.06, is amended to read:

216E.06 EMERGENCY deleted text begin PERMITdeleted text end new text begin PERMITSnew text end .

new text begin Subdivision 1. new text end

new text begin Utility emergency action. new text end

deleted text begin (a)deleted text end Any utility whose deleted text begin electric powerdeleted text end system
requires the immediate construction of a large deleted text begin electric powerdeleted text end new text begin energy infrastructurenew text end facility
due to a major unforeseen event may apply to the commission for an emergency permit.
The application deleted text begin shalldeleted text end new text begin mustnew text end provide notice in writing of the major unforeseen event and the
need for immediate construction. The permit must be issued in a timely manner, no later
than 195 days after the commission's acceptance of the application and upon a finding by
the commission that (1) a demonstrable emergency exists, (2) the emergency requires
immediate construction, and (3) adherence to the procedures and time schedules specified
deleted text begin in section 216E.03 would jeopardizedeleted text end new text begin under this chapter jeopardizesnew text end the utility's electric
power system or deleted text begin would jeopardizedeleted text end new text begin jeopardizesnew text end the utility's ability to meet the electric needs
of deleted text begin itsdeleted text end new text begin the utility'snew text end customers in an orderly and timely manner.

new text begin Subd. 2. new text end

new text begin Utility emergency procedures. new text end

deleted text begin (b)deleted text end A public hearing to determine if an
emergency exists must be held within 90 days of the application. The commission, after
notice and hearing, deleted text begin shalldeleted text end new text begin mustnew text end adopt rules specifying the criteria for emergency certification.

Sec. 3.

Minnesota Statutes 2023 Supplement, section 216E.07, is amended to read:

216E.07 ANNUAL HEARING.

The commission deleted text begin shalldeleted text end new text begin mustnew text end hold an annual public hearing at a time and place prescribed
by rule in order to afford interested persons an opportunity to be heard regarding any matters
relating to the siting and routing of large deleted text begin electric powerdeleted text end new text begin energy infrastructurenew text end facilities. At
the meeting, the commission deleted text begin shalldeleted text end new text begin mustnew text end advise the public of the permits issued by the
commission in the past year. The commission deleted text begin shalldeleted text end new text begin mustnew text end provide at least ten days but no
more than 45 days' notice of the annual meeting by mailing or serving electronically, as
provided in section 216.17, a notice to those persons who have requested notice and by
publication in the EQB Monitor and the commission's weekly calendar.

Sec. 4.

Minnesota Statutes 2022, section 216E.08, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Otherdeleted text end Public participation.

The commission deleted text begin shalldeleted text end new text begin mustnew text end adopt broad spectrum
citizen participation as a principal of operation. The form of public participation deleted text begin shalldeleted text end new text begin mustnew text end
not be limited to publicnew text begin meetings andnew text end hearings deleted text begin and advisory task forcesdeleted text end and deleted text begin shalldeleted text end new text begin mustnew text end be
consistent with the commission's rules and guidelines deleted text begin as provided for indeleted text end new text begin undernew text end section
deleted text begin 216E.16deleted text end new text begin 216I.24new text end .

Sec. 5.

Minnesota Statutes 2023 Supplement, section 216E.10, subdivision 1, is amended
to read:

Subdivision 1.

Site or route permit prevails over local provisions.

To assure the
paramount and controlling effect of the provisions herein over other state agencies, regional,
county, and local governments, and special purpose government districts, the issuance of a
site permit or route permit and subsequent purchase and use of deleted text begin suchdeleted text end new text begin thenew text end site or route locations
for large deleted text begin electric powerdeleted text end new text begin energy infrastructurenew text end facility purposes deleted text begin shall bedeleted text end new text begin isnew text end the sole site or
route approval required to be obtained by the deleted text begin utilitydeleted text end new text begin permitteenew text end . deleted text begin Suchdeleted text end new text begin Thenew text end permit deleted text begin shall
supersededeleted text end new text begin supersedesnew text end and deleted text begin preemptdeleted text end new text begin preemptsnew text end all zoning, building, or land use rules,
regulations, or ordinances promulgated by regional, county, local and special purpose
government.

Sec. 6.

Minnesota Statutes 2023 Supplement, section 216E.10, subdivision 2, is amended
to read:

Subd. 2.

Other state permits.

Notwithstanding anything herein to the contrary, deleted text begin utilities
shalldeleted text end new text begin a permittee mustnew text end obtain state permits that may be required to construct and operate
large deleted text begin electric powerdeleted text end new text begin energy infrastructurenew text end facilities. A state agency in processing a deleted text begin utility'sdeleted text end new text begin
permittee'snew text end facility permit application deleted text begin shall bedeleted text end new text begin isnew text end bound to the decisions of the commissiondeleted text begin ,deleted text end
with respect tonew text begin (1)new text end the site or route designation, and deleted text begin with respect todeleted text end new text begin (2)new text end other matters for
which authority has been granted to the commission by this chapter.

Sec. 7.

Minnesota Statutes 2023 Supplement, section 216E.10, subdivision 3, is amended
to read:

Subd. 3.

State agency participation.

(a) new text begin A new text end state deleted text begin agenciesdeleted text end new text begin agencynew text end authorized to issue
permits required deleted text begin for construction or operation ofdeleted text end new text begin to construct or operate anew text end large deleted text begin electric
power facilities shalldeleted text end new text begin energy infrastructure facility mustnew text end participate during routing and siting
at public hearings and all other activities of the commission on specific site or route
designations and design considerations of the commission, and deleted text begin shalldeleted text end new text begin mustnew text end clearly state
whether the site or route being considered for designation or permit and other design matters
under consideration for approval deleted text begin will be in compliancedeleted text end new text begin compliesnew text end with state agency standards,
rules, or policies.

(b) An applicant for a permit under this section or under chapter 216G deleted text begin shalldeleted text end new text begin mustnew text end notify
the commissioner of agriculture if the proposed project deleted text begin will impactdeleted text end new text begin impactsnew text end cultivated
agricultural landdeleted text begin , as that term is defined in section 216G.01, subdivision 4deleted text end . The commissioner
may participate and advise the commission as to whether to grant a permit for the project
and the best options for mitigating adverse impacts to agricultural lands if the permit is
granted. The Department of Agriculture deleted text begin shall bedeleted text end new text begin isnew text end the lead agency on the development of
any agricultural mitigation plan required for the project.

new text begin (c) The Minnesota State Historic Preservation Office must comply with the requirements
of this section. The commission's consideration of Minnesota State Historic Preservation
Office's comments satisfies the requirements of section 138.665, when applicable.
new text end

Sec. 8.

Minnesota Statutes 2022, section 216E.11, is amended to read:

216E.11 IMPROVEMENT OF SITES AND ROUTES.

deleted text begin Utilities that have acquireddeleted text end new text begin A permittee that acquiresnew text end a site or route in accordance with
this chapter may proceed to construct or improve the site or route for the intended purposes
at any time, subject to section deleted text begin 216E.10, subdivision 2deleted text end new text begin 216I.16, subdivision 2new text end , provided that
if the construction and improvement has not commenced within four years after a permit
for the site or route has been issued, deleted text begin thendeleted text end the deleted text begin utilitydeleted text end new text begin permitteenew text end must certify to the commission
that the site or route continues to meet the conditions upon which the site or route permit
was issued.

Sec. 9.

Minnesota Statutes 2022, section 216E.13, is amended to read:

216E.13 FAILURE TO ACT.

If the commission fails to act within the times specified deleted text begin in section 216E.03deleted text end new text begin under this
chapternew text end , the applicant or any affected person may seek an order of the district court requiring
the commission to designate or refuse to designate a site or route.

Sec. 10.

Minnesota Statutes 2022, section 216E.14, is amended to read:

216E.14 REVOCATION OR SUSPENSION.

A site or route permit may be revoked or suspended by the commission after adequate
notice of the alleged grounds for revocation or suspension and a full and fair hearing in
which the affected deleted text begin utilitydeleted text end new text begin permitteenew text end has an opportunity to confront any witness and respond
to any evidence against deleted text begin itdeleted text end new text begin the permitteenew text end and to present rebuttal or mitigating evidence upon
a finding by the commission of:

(1) any false statement knowingly made in the application or in accompanying statements
or studies required of the applicant, if a true statement would have warranted a change in
the commission's findings;

(2) failure to comply with material conditions of the site certificate or construction
permit, or failure to maintain health and safety standards; or

(3) any material violation of the provisions of this chapter, any rule promulgated pursuant
thereto, or any order of the commission.

Sec. 11.

Minnesota Statutes 2022, section 216E.15, is amended to read:

216E.15 JUDICIAL REVIEW.

Any applicant, party or person aggrieved by the issuance of a site or route permitnew text begin , minor
alteration, amendment,new text end or emergency permit from the commission or a certification of
continuing suitability filed by a deleted text begin utilitydeleted text end new text begin permitteenew text end with the commission or by a final order in
accordance with any rules promulgated by the commission, may appeal to the court of
appeals in accordance with chapter 14. The appeal deleted text begin shalldeleted text end new text begin mustnew text end be filed within 30 days after
the deleted text begin publication in the State Register ofdeleted text end new text begin date thenew text end notice of the deleted text begin issuance of the permit by the
commission ordeleted text end new text begin commission's permit issuance is published in the EQ Monitor,new text end certificationnew text begin
isnew text end filed with the commissionnew text begin ,new text end or the deleted text begin filing ofdeleted text end any final ordernew text begin is filednew text end by the commission.

Sec. 12.

Minnesota Statutes 2022, section 216E.16, is amended to read:

216E.16 RULES.

new text begin Subdivision 1. new text end

new text begin Commission rules. new text end

The commission, in order to give effect to the purposes
of this chapter, may adopt rules consistent with this chapter, including promulgation of site
and route designation criteria, the description of the information to be furnished by the
utilities, establishment of minimum guidelines for public participation in the development,
revision, and enforcement of any rule, plan, or program established by the commission,
procedures for the revocation or suspension of a site or route permit, and the procedure and
timeliness for proposing alternative routes and sites. deleted text begin Nodeleted text end new text begin Anew text end rule adopted by the commission
deleted text begin shalldeleted text end new text begin must notnew text end grant priority to state-owned wildlife management areas over agricultural
lands in the designation of route avoidance areas. deleted text begin The provisions ofdeleted text end Chapter 14 deleted text begin shall applydeleted text end new text begin
appliesnew text end to the appeal of rules adopted by the commission to the same extent as it applies to
review of rules adopted by any other agency of state government.

new text begin Subd. 2. new text end

new text begin Office of Administrative Hearings rules. new text end

The chief administrative law judge
deleted text begin shalldeleted text end new text begin mustnew text end adopt procedural rules for public hearings relating to the site and route permit
process. The rules deleted text begin shalldeleted text end new text begin mustnew text end attempt to maximize citizen participation in these processes
consistent with the time limits for commission decision established deleted text begin in sections 216E.03,
subdivision 10, and 216E.04, subdivision 7deleted text end new text begin under this chapternew text end .

Sec. 13.

Minnesota Statutes 2022, section 216E.18, subdivision 2a, is amended to read:

Subd. 2a.

deleted text begin Routedeleted text end Application fee; appropriation.

deleted text begin Everydeleted text end new text begin Annew text end applicant for a deleted text begin transmission
linedeleted text end new text begin site ornew text end route permit deleted text begin shalldeleted text end new text begin mustnew text end pay to the deleted text begin commissioner of commercedeleted text end new text begin commissionnew text end a fee
to cover the necessary and reasonable costs incurred by the commission deleted text begin in actingdeleted text end new text begin to actnew text end on
the permit application and deleted text begin carryingdeleted text end new text begin carrynew text end out the requirements of this chapter. The
commission may adopt rules providing for deleted text begin thedeleted text end new text begin feenew text end payment deleted text begin of the feedeleted text end . Section 16A.1283
does not apply to deleted text begin thedeleted text end establishment of deleted text begin thisdeleted text end new text begin thenew text end feenew text begin under this subdivisionnew text end . All money received
deleted text begin pursuant todeleted text end new text begin undernew text end this subdivision deleted text begin shalldeleted text end new text begin mustnew text end be deposited in a special account. Money in
the account is appropriated to the deleted text begin commissioner of commercedeleted text end new text begin commissionnew text end to pay expenses
incurred deleted text begin in processingdeleted text end new text begin to processnew text end applications fornew text begin site andnew text end route permits in accordance with
this chapter andnew text begin ,new text end in the event deleted text begin thedeleted text end expenses are less than the fee paid, to refund the excessnew text begin
fee paidnew text end to the applicant.

Sec. 14. new text begin ADMINISTRATIVE RULEMAKING.
new text end

new text begin (a) The commissioner of commerce must adopt rules, using the expedited process under
Minnesota Statutes, section 14.389, that amend Minnesota Rules, chapter 7849, to conform
with the changes made in this act.
new text end

new text begin (b) The commissioner of the Pollution Control Agency must adopt rules, using the
expedited process under Minnesota Statutes, section 14.389, that amend Minnesota Rules,
chapter 4410, to conform with the changes made in this act.
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. 15. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 13 are effective January 1, 2025.
new text end

HF 4700

Bill Text Versions

Current Version - as introduced

ARTICLE 1

MINNESOTA ENERGY INFRASTRUCTURE PERMITTING ACT

Section 1.

new text begin [216I.01] CITATION. new text end

Sec. 2.

new text begin [216I.02] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin Subd. 2. new text end

new text begin Associated facility. new text end

new text begin Subd. 3. new text end

new text begin Commission. new text end

new text begin Subd. 4. new text end

new text begin Construction. new text end

new text begin Subd. 5. new text end

new text begin Cultivated agricultural land. new text end

new text begin Subd. 6. new text end

new text begin Department. new text end

new text begin Subd. 7. new text end

new text begin Energy storage system. new text end

new text begin Subd. 8. new text end

new text begin High-voltage transmission line. new text end

new text begin Subd. 9. new text end

new text begin Large electric power generating plant. new text end

new text begin Subd. 10. new text end

new text begin Large energy infrastructure facility. new text end

new text begin Subd. 11. new text end

new text begin Large wind energy conversion system. new text end

new text begin Subd. 12. new text end

new text begin Permittee. new text end

new text begin Subd. 13. new text end

new text begin Person. new text end

new text begin Subd. 14. new text end

new text begin Route. new text end

new text begin Subd. 15. new text end

new text begin Site. new text end

new text begin Subd. 16. new text end

new text begin Small wind energy conversion system. new text end

new text begin Subd. 17. new text end

new text begin Solar energy generating system. new text end

new text begin Subd. 18. new text end

new text begin Utility. new text end

new text begin Subd. 19. new text end

new text begin Wind energy conversion system. new text end

Sec. 3.

new text begin [216I.03] SITING AUTHORITY. new text end

new text begin Subdivision 1. new text end

new text begin Jurisdiction. new text end

new text begin Subd. 2. new text end

new text begin Interstate routes. new text end

Sec. 4.

new text begin [216I.04] APPLICABILITY DETERMINATION. new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin Subd. 2. new text end

new text begin Solar, wind, or energy storage facilities. new text end

new text begin Subd. 3. new text end

new text begin Transmission lines. new text end

new text begin Subd. 4. new text end

new text begin Forms; assistance; written determination. new text end

Sec. 5.

new text begin [216I.05] DESIGNATING SITES AND ROUTES. new text end

new text begin Subdivision 1. new text end

new text begin Site permit. new text end

new text begin Subd. 2. new text end

new text begin Route permit. new text end

new text begin Subd. 3. new text end

new text begin Application. new text end

new text begin Subd. 4. new text end

new text begin Environmental information. new text end

new text begin Subd. 5. new text end

new text begin Preapplication coordination. new text end

new text begin Subd. 6. new text end

new text begin Preapplication review. new text end

new text begin Subd. 7. new text end

new text begin Complete applications. new text end

new text begin Subd. 8. new text end

new text begin [216I.01] CITATION.
new text end

new text begin [216I.02] DEFINITIONS.
new text end

new text begin [216I.03] SITING AUTHORITY.
new text end

new text begin [216I.04] APPLICABILITY DETERMINATION.
new text end

new text begin [216I.05] DESIGNATING SITES AND ROUTES.
new text end

new text begin [216I.06] APPLICATIONS; MAJOR REVIEW.
new text end

new text begin [216I.07] APPLICATIONS; STANDARD REVIEW.
new text end

new text begin [216I.08] APPLICATIONS; LOCAL REVIEW.
new text end

new text begin [216I.09] MINOR ALTERATIONS; PERMIT AMENDMENTS.
new text end

new text begin [216I.10] EXEMPT PROJECTS.
new text end

new text begin [216I.11] PERMITTING REQUIREMENTS; EXCEPTIONS FOR CERTAIN
FACILITIES.
new text end