Minnesota Legislature
HF 1182
2nd Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:27pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to eminent domain; clarifying use of eminent domain authority by public
1.3service corporations; regulating the granting of route permits for high-voltage
1.4transmission lines; requiring a report;amending Minnesota Statutes 2008,
1.5sections 117.225; 216E.03, subdivision 7; Minnesota Statutes 2009 Supplement,
1.6section 117.189.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2009 Supplement, section 117.189, is amended to read:
1.9117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.
1.10 Sections117.031 ;
117.036 ;
117.055 , subdivision 2, paragraph (b);
117.186 ;
117.187 ;
1.11117.188
; and
117.52 , subdivisions 1a and 4, do not apply to the use of eminent domain
1.12authority by public service corporations for any purpose other than construction or
1.13expansion of:
1.14(1) a high-voltage transmission line of 100 kilovolts or more, or ancillary
1.15substations; or
1.16(2) a natural gas, petroleum, or petroleum products pipeline, or ancillary compressor
1.17stations or pumping stations.
1.18 For purposes of an award of appraisal fees under section117.085 , the fees awarded
1.19may not exceed $1,500 for all types of property except for a public service corporation's
1.20use of eminent domain for a high-voltage transmission line, where the award may not
1.21exceed $3,000.
1.22For purposes of this section, "pipeline" does not include a natural gas distribution
1.23line transporting gas to an end user.
2.1EFFECTIVE DATE.This section is effective the day following final enactment
2.2and applies to eminent domain proceedings or actions commenced on or after that date.
2.3"Commenced" means when service of notice of the petition under Minnesota Statutes,
2.4section 117.055, is made.
2.5 Sec. 2. Minnesota Statutes 2008, section 117.225, is amended to read:
2.6117.225 EASEMENT DISCHARGE.
2.7Whenever claiming that an easement acquired by condemnation is not being used for
2.8the purposes for which it was acquired, the underlying fee owner may apply to the district
2.9court of the county in which the land is situated for an order discharging the easement,
2.10upon such terms as are just and equitable. Due notice of said application shall be given
2.11to all interested parties. Provided, however, this section shall not apply to easements
2.12acquired by condemnation by a public service corporation now or hereafter doing business
2.13in the state of Minnesota for any purpose other than construction or expansion of:
2.14(1) a high-voltage transmission line of 100 kilovolts or more, including ancillary
2.15substations; or
2.16(2) a natural gas, petroleum, or petroleum products pipeline, including ancillary
2.17compressor stations or pumping stations.
2.18For purposes of this section, "pipeline" does not include a natural gas distribution
2.19line transporting gas to an end user.
2.20EFFECTIVE DATE.This section is effective the day following final enactment
2.21and applies to eminent domain proceedings or actions commenced on or after that date.
2.22"Commenced" means when service of notice of the petition under Minnesota Statutes,
2.23section 117.055, is made.
2.24 Sec. 3. Minnesota Statutes 2008, section 216E.03, subdivision 7, is amended to read:
2.25 Subd. 7. Considerations in designating sites and routes. (a) The commission's
2.26site and route permit determinations must be guided by the state's goals to conserve
2.27resources, minimize environmental impacts, minimize human settlement and other land
2.28use conflicts, and ensure the state's electric energy security through efficient, cost-effective
2.29power supply and electric transmission infrastructure.
2.30 (b) To facilitate the study, research, evaluation, and designation of sites and routes,
2.31the commission shall be guided by, but not limited to, the following considerations:
2.32(1) evaluation of research and investigations relating to the effects on land, water
2.33and air resources of large electric power generating plants and high-voltage transmission
3.1lines and the effects of water and air discharges and electric and magnetic fields resulting
3.2from such facilities on public health and welfare, vegetation, animals, materials and
3.3aesthetic values, including baseline studies, predictive modeling, and evaluation of new or
3.4improved methods for minimizing adverse impacts of water and air discharges and other
3.5matters pertaining to the effects of power plants on the water and air environment;
3.6(2) environmental evaluation of sites and routes proposed for future development and
3.7expansion and their relationship to the land, water, air and human resources of the state;
3.8(3) evaluation of the effects of new electric power generation and transmission
3.9technologies and systems related to power plants designed to minimize adverse
3.10environmental effects;
3.11(4) evaluation of the potential for beneficial uses of waste energy from proposed
3.12large electric power generating plants;
3.13(5) analysis of the direct and indirect economic impact of proposed sites and routes
3.14including, but not limited to, productive agricultural land lost or impaired;
3.15(6) evaluation of adverse direct and indirect environmental effects that cannot be
3.16avoided should the proposed site and route be accepted;
3.17(7) evaluation of alternatives to the applicant's proposed site or route proposed
3.18pursuant to subdivisions 1 and 2;
3.19(8) evaluation of potential routes that would use or parallel existing railroad and
3.20highway rights-of-way;
3.21(9) evaluation of governmental survey lines and other natural division lines of
3.22agricultural land so as to minimize interference with agricultural operations;
3.23(10) evaluation of the future needs for additional high-voltage transmission lines
3.24in the same general area as any proposed route, and the advisability of ordering the
3.25construction of structures capable of expansion in transmission capacity through multiple
3.26circuiting or design modifications;
3.27(11) evaluation of irreversible and irretrievable commitments of resources should the
3.28proposed site or route be approved; and
3.29(12) when appropriate, consideration of problems raised by other state and federal
3.30agencies and local entities.
3.31(c) If the commission's rules are substantially similar to existing regulations of a
3.32federal agency to which the utility in the state is subject, the federal regulations must
3.33be applied by the commission.
3.34(d) No site or route shall be designated which violates state agency rules.
3.35(e) The commission must make specific findings that it has considered locating a
3.36route for a high-voltage transmission line on an existing high-voltage transmission route
4.1and the use of parallel existing highway right-of-way and, to the extent those are not used
4.2for the route, the commission must state the reasons.
4.3EFFECTIVE DATE.This section is effective the day following final enactment
4.4and applies to route applications filed on and after that date.
4.5 Sec. 4. TRANSMISSION LINE ROUTING.
4.6(a) The Public Utilities Commission and the commissioner of transportation must
4.7cooperate to implement the policy in Minnesota Statutes, section 216E.03, subdivision 7,
4.8paragraph (e).
4.9(b) The commission must report any statutory amendments required for the
4.10implementation of Minnesota Statutes, section 216E.03, subdivision 7, paragraph (e)
4.11to the chairs and ranking minority members of the energy and transportation policy
4.12committees of the legislature by January 15, 2011.
4.13EFFECTIVE DATE.This section is effective the day following final enactment.
1.3service corporations; regulating the granting of route permits for high-voltage
1.4transmission lines; requiring a report;amending Minnesota Statutes 2008,
1.5sections 117.225; 216E.03, subdivision 7; Minnesota Statutes 2009 Supplement,
1.6section 117.189.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2009 Supplement, section 117.189, is amended to read:
1.9117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.
1.10 Sections
1.12authority by public service corporations for any purpose other than construction or
1.13expansion of:
1.14(1) a high-voltage transmission line of 100 kilovolts or more, or ancillary
1.15substations; or
1.16(2) a natural gas, petroleum, or petroleum products pipeline, or ancillary compressor
1.17stations or pumping stations.
1.18 For purposes of an award of appraisal fees under section
1.19may not exceed $1,500 for all types of property except for a public service corporation's
1.20use of eminent domain for a high-voltage transmission line, where the award may not
1.21exceed $3,000.
1.22For purposes of this section, "pipeline" does not include a natural gas distribution
1.23line transporting gas to an end user.
2.1EFFECTIVE DATE.This section is effective the day following final enactment
2.2and applies to eminent domain proceedings or actions commenced on or after that date.
2.3"Commenced" means when service of notice of the petition under Minnesota Statutes,
2.4section 117.055, is made.
2.5 Sec. 2. Minnesota Statutes 2008, section 117.225, is amended to read:
2.6117.225 EASEMENT DISCHARGE.
2.7Whenever claiming that an easement acquired by condemnation is not being used for
2.8the purposes for which it was acquired, the underlying fee owner may apply to the district
2.9court of the county in which the land is situated for an order discharging the easement,
2.10upon such terms as are just and equitable. Due notice of said application shall be given
2.11to all interested parties. Provided, however, this section shall not apply to easements
2.12acquired by condemnation by a public service corporation now or hereafter doing business
2.13in the state of Minnesota for any purpose other than construction or expansion of:
2.14(1) a high-voltage transmission line of 100 kilovolts or more, including ancillary
2.15substations; or
2.16(2) a natural gas, petroleum, or petroleum products pipeline, including ancillary
2.17compressor stations or pumping stations.
2.18For purposes of this section, "pipeline" does not include a natural gas distribution
2.19line transporting gas to an end user.
2.20EFFECTIVE DATE.This section is effective the day following final enactment
2.21and applies to eminent domain proceedings or actions commenced on or after that date.
2.22"Commenced" means when service of notice of the petition under Minnesota Statutes,
2.23section 117.055, is made.
2.24 Sec. 3. Minnesota Statutes 2008, section 216E.03, subdivision 7, is amended to read:
2.25 Subd. 7. Considerations in designating sites and routes. (a) The commission's
2.26site and route permit determinations must be guided by the state's goals to conserve
2.27resources, minimize environmental impacts, minimize human settlement and other land
2.28use conflicts, and ensure the state's electric energy security through efficient, cost-effective
2.29power supply and electric transmission infrastructure.
2.30 (b) To facilitate the study, research, evaluation, and designation of sites and routes,
2.31the commission shall be guided by, but not limited to, the following considerations:
2.32(1) evaluation of research and investigations relating to the effects on land, water
2.33and air resources of large electric power generating plants and high-voltage transmission
3.1lines and the effects of water and air discharges and electric and magnetic fields resulting
3.2from such facilities on public health and welfare, vegetation, animals, materials and
3.3aesthetic values, including baseline studies, predictive modeling, and evaluation of new or
3.4improved methods for minimizing adverse impacts of water and air discharges and other
3.5matters pertaining to the effects of power plants on the water and air environment;
3.6(2) environmental evaluation of sites and routes proposed for future development and
3.7expansion and their relationship to the land, water, air and human resources of the state;
3.8(3) evaluation of the effects of new electric power generation and transmission
3.9technologies and systems related to power plants designed to minimize adverse
3.10environmental effects;
3.11(4) evaluation of the potential for beneficial uses of waste energy from proposed
3.12large electric power generating plants;
3.13(5) analysis of the direct and indirect economic impact of proposed sites and routes
3.14including, but not limited to, productive agricultural land lost or impaired;
3.15(6) evaluation of adverse direct and indirect environmental effects that cannot be
3.16avoided should the proposed site and route be accepted;
3.17(7) evaluation of alternatives to the applicant's proposed site or route proposed
3.18pursuant to subdivisions 1 and 2;
3.19(8) evaluation of potential routes that would use or parallel existing railroad and
3.20highway rights-of-way;
3.21(9) evaluation of governmental survey lines and other natural division lines of
3.22agricultural land so as to minimize interference with agricultural operations;
3.23(10) evaluation of the future needs for additional high-voltage transmission lines
3.24in the same general area as any proposed route, and the advisability of ordering the
3.25construction of structures capable of expansion in transmission capacity through multiple
3.26circuiting or design modifications;
3.27(11) evaluation of irreversible and irretrievable commitments of resources should the
3.28proposed site or route be approved; and
3.29(12) when appropriate, consideration of problems raised by other state and federal
3.30agencies and local entities.
3.31(c) If the commission's rules are substantially similar to existing regulations of a
3.32federal agency to which the utility in the state is subject, the federal regulations must
3.33be applied by the commission.
3.34(d) No site or route shall be designated which violates state agency rules.
3.35(e) The commission must make specific findings that it has considered locating a
3.36route for a high-voltage transmission line on an existing high-voltage transmission route
4.1and the use of parallel existing highway right-of-way and, to the extent those are not used
4.2for the route, the commission must state the reasons.
4.3EFFECTIVE DATE.This section is effective the day following final enactment
4.4and applies to route applications filed on and after that date.
4.5 Sec. 4. TRANSMISSION LINE ROUTING.
4.6(a) The Public Utilities Commission and the commissioner of transportation must
4.7cooperate to implement the policy in Minnesota Statutes, section 216E.03, subdivision 7,
4.8paragraph (e).
4.9(b) The commission must report any statutory amendments required for the
4.10implementation of Minnesota Statutes, section 216E.03, subdivision 7, paragraph (e)
4.11to the chairs and ranking minority members of the energy and transportation policy
4.12committees of the legislature by January 15, 2011.
4.13EFFECTIVE DATE.This section is effective the day following final enactment.