1.1                          A bill for an act 
  1.2             relating to utilities; providing for environmental 
  1.3             quality board jurisdiction over transmission lines 
  1.4             less than 200 kilovolts; adding a high voltage 
  1.5             transmission line that crosses the state boundary to 
  1.6             the definition of a large energy facility; making 
  1.7             technical change; amending Minnesota Statutes 1996, 
  1.8             section 216B.2421, subdivision 2; proposing coding for 
  1.9             new law in Minnesota Statutes, chapter 116C. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  [116C.571] [INTERMEDIATE VOLTAGE TRANSMISSION 
  1.12  LINES.] 
  1.13     Subdivision 1.  [INTERMEDIATE VOLTAGE TRANSMISSION LINE 
  1.14  DEFINED.] "Intermediate voltage transmission line" means a 
  1.15  transmission line that is less than 200 kilovolts and greater 
  1.16  than 65 kilovolts. 
  1.17     Subd. 2.  [ENVIRONMENTAL QUALITY BOARD JURISDICTION.] (a) 
  1.18  The environmental quality board shall have and assert 
  1.19  jurisdiction under section 116C.57 over the routing and 
  1.20  permitting of an intermediate voltage transmission line only if: 
  1.21     (1) the utility includes the intermediate transmission line 
  1.22  in an application to the board for a construction permit for a 
  1.23  high voltage transmission line; and 
  1.24     (2) the intermediate voltage transmission line is routed 
  1.25  through the same corridor as the proposed high voltage 
  1.26  transmission line.  
  1.27     (b) If the requirements of paragraph (a) are met, the board 
  2.1   shall include the intermediate voltage transmission line in the 
  2.2   construction permit for the proposed high voltage transmission 
  2.3   line.  Section 116C.61 applies to all transmission lines 
  2.4   included in a construction permit. 
  2.5      (c) If the requirements of paragraph (a) are not met, 
  2.6   section 116C.61 does not apply, and the routing and permitting 
  2.7   of the intermediate voltage transmission line remains subject to 
  2.8   all applicable local requirements. 
  2.9      Sec. 2.  Minnesota Statutes 1996, section 216B.2421, 
  2.10  subdivision 2, is amended to read: 
  2.11     Subd. 2.  [LARGE ENERGY FACILITY.] "Large energy facility" 
  2.12  means: 
  2.13     (a) any electric power generating plant or combination of 
  2.14  plants at a single site with a combined capacity of 80,000 
  2.15  kilowatts or more, or any facility of 50,000 kilowatts or more 
  2.16  which requires oil, natural gas, or natural gas liquids as a 
  2.17  fuel and for which an installation permit has not been applied 
  2.18  for by May 19, 1977 pursuant to Minn. Reg. APC 3(a) rule; 
  2.19     (b) any high voltage transmission line: 
  2.20     (1) with a capacity of 200 kilovolts or more and with more 
  2.21  than 50 miles of its length in Minnesota; or, any high voltage 
  2.22  transmission line 
  2.23     (2) with a capacity of 300 kilovolts or more with more than 
  2.24  25 miles of its length in Minnesota; or 
  2.25     (3) with a capacity of 200 kilovolts or more that crosses 
  2.26  the Minnesota state boundary; 
  2.27     (c) any pipeline greater than six inches in diameter and 
  2.28  having more than 50 miles of its length in Minnesota used for 
  2.29  the transportation of coal, crude petroleum or petroleum fuels 
  2.30  or oil or their derivatives; 
  2.31     (d) any pipeline for transporting natural or synthetic gas 
  2.32  at pressures in excess of 200 pounds per square inch with more 
  2.33  than 50 miles of its length in Minnesota; 
  2.34     (e) any facility designed for or capable of storing on a 
  2.35  single site more than 100,000 gallons of liquefied natural gas 
  2.36  or synthetic gas; 
  3.1      (f) any underground gas storage facility requiring permit 
  3.2   pursuant to section 103I.681; 
  3.3      (g) any nuclear fuel processing or nuclear waste storage or 
  3.4   disposal facility; and 
  3.5      (h) any facility intended to convert any material into any 
  3.6   other combustible fuel and having the capacity to process in 
  3.7   excess of 75 tons of the material per hour. 
  3.8      Sec. 3.  [EFFECT ON PENDING APPLICATIONS.] 
  3.9      (a) A utility that has filed an application for a permit 
  3.10  under Minnesota Statutes, section 116C.57, subdivision 2, which 
  3.11  is pending approval of the environmental quality board as of 
  3.12  February 1, 1997, is not required to resubmit any previously 
  3.13  accepted permit applications or to reinitiate ongoing permitting 
  3.14  proceedings under that section as a result of the enactment of 
  3.15  section 2. 
  3.16     (b) Proceedings under Minnesota Statutes, section 216B.243, 
  3.17  for a certificate of need for a project that has a pending 
  3.18  application for a permit under Minnesota Statutes, section 
  3.19  116C.57, subdivision 2, as of February 1, 1997, must be 
  3.20  evaluated by the public utilities commission based on the 
  3.21  criteria existing in law and commission rules as of the 
  3.22  effective date of this act, with particular attention and 
  3.23  emphasis given to criteria that address regional and interstate 
  3.24  effects and benefits.  These proceedings must not be delayed by 
  3.25  any rulemaking the commission undertakes related to Minnesota 
  3.26  Statutes, section 216B.243. 
  3.27     Sec. 4.  [EFFECTIVE DATE.] 
  3.28     This act is effective the day following final enactment and 
  3.29  applies to projects for which a permit under Minnesota Statutes, 
  3.30  section 116C.57, subdivision 2, has not been granted as of 
  3.31  February 1, 1997.