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HF 1440

2nd Engrossment - 87th Legislature (2011 - 2012) Posted on 04/27/2011 04:44pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to energy; providing for exception to municipal approval for
hydroelectric facility; amending Minnesota Statutes 2010, section 103G.535,
subdivision 4.

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

Section 1.

Minnesota Statutes 2010, section 103G.535, subdivision 4, is amended to
read:


Subd. 4.

Municipality or town approval.

new text begin (a) new text end If the dam, dam site, or power
generation plant is located in or contiguous to a municipality or town, other than the lessor
political subdivision, the lease or agreement is not effective unless it is approved by the
governing body of the municipality or town.

new text begin (b) A hydroelectric facility that (1) meets the definition of an eligible energy
technology under section 216B.1691, subdivision 1, paragraph (a) clause (3), (2) is located
in a city of the first class, and (3) has been granted a license or amended license by the
Federal Energy Regulatory Commission under the Federal Power Act, United States
Code, title 16, chapter 12, subchapter 1, does not require any permit, entitlement, license,
easement, authorization, or consent of any kind from the city, a municipal board, or any
other political subdivision, and municipal or town approval under paragraph (a) is not
required. Municipal land use rules, regulations, ordinances, authorizations, or consents do
not apply to the hydroelectric facility. If the hydroelectric facility uses property owned by
or under the control of a municipal board or political subdivision, that municipal board
or political subdivision may impose a reasonable annual fee for use by the facility of the
property. The fee must be based on the facility's annual energy production and not exceed
four percent of the facility's annual gross revenue. The facility's gross revenue is subject
to verification by the municipal board or political subdivision.
 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