HF 2862

Introduction - 94th Legislature (2025 - 2026)

Posted on 03/26/2025 11:33 a.m.

A bill for an act
relating to energy; providing a certificate of need exemption to certain electric
generating facilities; amending Minnesota Statutes 2024, section 216B.243,
subdivision 8.

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

Section 1.

Minnesota Statutes 2024, 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 216I.02, subdivision
12, or a solar energy generating system, as defined in section 216I.02, subdivision 18, for
which a site permit application is submitted by an independent power producer under chapter
216I;

(8) a large wind energy conversion system, as defined in section 216I.02, subdivision
12, or a solar energy generating system, as defined in section 216I.02, subdivision 18,
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 increase;

(9) energy storage systems, as defined in section 216I.02, subdivision 6;

(10) transmission lines that directly interconnect large wind energy conversion systems,
solar energy generating systems, or energy storage systems to the transmission system; deleted text begin or
deleted text end

(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 deleted text begin . deleted text end new text begin ; or
new text end

new text begin (12) a new or modified electric generating facility that is primarily intended to provide
power to a data center if the electric generating facility complies with section 216B.1691,
subdivision 2g.
new text end

(b) For the purpose of this subdivision deleted text begin , deleted text end new text begin :
new text end

new text begin (1) "data center" means a physical location that stores a large group of networked
computer servers that are used to remotely store, process, or distribute large amounts of
digital data; and
new text end

new text begin (2) new text end "repowering project" means:

deleted text begin (1) deleted text end new text begin (i) new text end 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;

deleted text begin (2) deleted text end new text begin (ii) new text end replacing turbines in a large wind energy conversion system without increasing
the nameplate capacity of the system; or

deleted text begin (3) deleted text end new text begin (iii) new text end increasing the nameplate capacity of a large wind energy conversion system.