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Minnesota Legislature

Office of the Revisor of Statutes

HF 894

as introduced - 91st Legislature (2019 - 2020) Posted on 04/01/2019 05:39pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/07/2019

Current Version - as introduced

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A bill for an act
relating to energy; creating a process to address certain noise complaints resulting
from wind energy siting; amending Minnesota Statutes 2018, sections 216F.01,
by adding subdivisions; 216F.02; proposing coding for new law in Minnesota
Statutes, chapter 216F.

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

Section 1.

Minnesota Statutes 2018, section 216F.01, is amended by adding a subdivision
to read:


new text begin Subd. 1a. 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 EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2018, section 216F.01, is amended by adding a subdivision to
read:


new text begin Subd. 1b. new text end

new text begin Department. new text end

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

Minnesota Statutes 2018, section 216F.02, is amended to read:


216F.02 EXEMPTIONS.

(a) The requirements of chapter 216E do not apply to the siting of LWECS, except for
sections 216E.01; 216E.03, subdivision 7; 216E.08; 216E.11; 216E.12; 216E.14; 216E.15;
216E.17; and 216E.18, subdivision 3, which do apply.

(b) Any person may construct an SWECS without complying with chapter 216E deleted text beginor this
chapter
deleted text end.

(c) new text beginExcept as provided in section 216F.10, new text endnothing in this chapter deleted text beginshall precludedeleted text endnew text begin precludesnew text end
a local governmental unit from establishing requirements for the siting and construction of
SWECS.

Sec. 4.

new text begin [216F.10] SETBACKS; WIND ENERGY CONVERSION SYSTEMS.
new text end

new text begin (a) Notwithstanding any other law, rule, or order of the commission, a site permit for a
wind energy conversion system (WECS) issued by the commission or by a county that has
assumed that authority under section 216F.08 must comply with the requirements of this
section.
new text end

new text begin (b) A site permit must not be issued for a WECS with a minimum distance to the residence
in closest proximity to the WECS that is less than ten times the height of the WECS.
new text end

new text begin (c) A site permit must not be issued for a WECS with a minimum distance from the
property line of any parcel adjacent to the parcel on which the WECS is constructed that is
less than 1.5 times the height of the WECS, except that the minimum distance for a WECS
whose height is 350 feet or greater is 1,640 feet.
new text end

new text begin (d) For the purposes of this section:
new text end

new text begin (1) distance must be measured from the tip of the WECS blade at its closest point to the
nearest residence or property line of an adjacent parcel, as applicable; and
new text end

new text begin (2) height must be measured from the ground to the tip of a blade in the center upright
position.
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.

new text begin [216F.11] NOISE COMPLAINTS; EVALUATION.
new text end

new text begin Subdivision 1. new text end

new text begin Complaints; forwarding. new text end

new text begin By October 1, 2019, the Department of
Commerce, Pollution Control Agency, the commission, and any political subdivision of the
state must forward to the department a copy of each complaint received before August 1,
2019, alleging noise pollution from a large wind energy conversion system (LWECS), as
defined in section 216F.01, subdivision 2, that was filed with those agencies by a person
whose primary residence is located within one mile of a LWECS. The agencies and political
subdivisions must forward subsequent noise pollution complaints received regarding LWECS
to the department on a monthly basis.
new text end

new text begin Subd. 2. new text end

new text begin Complaints; evaluation; investigation. new text end

new text begin The department must review and
evaluate (1) complaints forwarded to it under subdivision 1, and (2) complaints alleging
noise pollution from a LWECS that are filed with the department. The department must
contact the complainant to ascertain whether the situation alleged in the complaint is still
ongoing, and may conduct a site investigation for ongoing complaints. Pollution Control
Agency staff may accompany commission staff to a site investigation and measure the level
of noise, including low-frequency noise, at the residence.
new text end

new text begin Subd. 3. new text end

new text begin Commission action. new text end

new text begin (a) If the department determines that there is a likelihood
of an association between the health conditions alleged in a complaint and the operation of
a LWECS, the department must forward that determination and any supporting documentation
and materials to the commission. The commission must evaluate the information and
determine under the applicable rules whether there is good cause to (1) modify the permit
of the LWECS owner or operator, or (2) revoke the permit.
new text end

new text begin (b) Within 30 days of a commission decision to modify or revoke a permit under
paragraph (a), the owner or operator of the LWECS subject to the modification or revocation
and the landowner whose complaint resulted in the decision may jointly notify the
commission that they have jointly elected to proceed under the provisions of subdivision
4. If a joint election is made under this paragraph, the modification or revocation is stayed
as provided in subdivision 4.
new text end

new text begin Subd. 4. new text end

new text begin Buyout. new text end

new text begin (a) A LWECS that is subject to a commission decision under
subdivision 3 to modify or revoke a permit must, at the election of the landowner whose
complaint resulted in the modification or revocation, purchase at fair market value all
contiguous land owned in fee by the landowner that the landowner wishes to sell. Upon the
landowner's election under this subdivision, the easement interest over and adjacent to the
lands designated by the landowner to be acquired in fee automatically converts into a fee
taking.
new text end

new text begin (b) The commission's decision to modify or revoke a LWECS permit under subdivision
3 is stayed for 120 days from receipt of the notice provided under subdivision 3, paragraph
(b). If the owner or operator of the LWECS has not made an acceptable written offer to
acquire the land designated by the landowner within the 120-day period, as evidenced by
written notice from the landowner to the commission to that effect, the commission must
proceed with the modification or revocation of the permit.
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