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HF 1891

as introduced - 87th Legislature (2011 - 2012) Posted on 01/24/2012 10:47am

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

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Current Version - as introduced

1.1A bill for an act
1.2relating to energy; wind energy; adding a provision for siting wind energy
1.3conversion systems; modifying county authority to enact siting standards;
1.4amending Minnesota Statutes 2010, sections 216B.1691, subdivision 2b;
1.5216F.081.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2010, section 216B.1691, subdivision 2b, is amended to
1.8read:
1.9    Subd. 2b. Modification or delay of standard. (a) The commission shall modify or
1.10delay the implementation of a standard obligation, in whole or in part, if the commission
1.11determines it is in the public interest to do so. The commission, when requested to modify
1.12or delay implementation of a standard, must consider:
1.13(1) the impact of implementing the standard on its customers' utility costs, including
1.14the economic and competitive pressure on the utility's customers;
1.15(2) the effects of implementing the standard on the reliability of the electric system;
1.16(3) technical advances or technical concerns;
1.17(4) delays in acquiring sites or routes due to rejection or delays of necessary siting or
1.18other permitting approvals;
1.19(5) the availability of suitable sites for the location of eligible energy technology
1.20facilities, considering local land use restrictions;
1.21(6) delays, cancellations, or nondelivery of necessary equipment for construction or
1.22commercial operation of an eligible energy technology facility;
1.23(6) (7) transmission constraints preventing delivery of service; and
1.24(7) (8) other statutory obligations imposed on the commission or a utility.
2.1The commission may modify or delay implementation of a standard obligation under
2.2clauses (1) to (3) only if it finds implementation would cause significant rate impact,
2.3requires significant measures to address reliability, or raises significant technical issues.
2.4The commission may modify or delay implementation of a standard obligation under
2.5clauses (4) to (6) (8) only if it finds that the circumstances described in those clauses were
2.6due to circumstances beyond an electric utility's control and make compliance not feasible.
2.7    (b) When considering whether to delay or modify implementation of a standard
2.8obligation, the commission must give due consideration to a preference for electric
2.9generation through use of eligible energy technology and to the achievement of the
2.10standards set by this section.
2.11(c) An electric utility requesting a modification or delay in the implementation of a
2.12standard must file a plan to comply with its standard obligation in the same proceeding
2.13that it is requesting the delay.
2.14EFFECTIVE DATE.This section is effective the day following final enactment.

2.15    Sec. 2. Minnesota Statutes 2010, section 216F.081, is amended to read:
2.16216F.081 APPLICATION OF COUNTY STANDARDS.
2.17    A county may adopt by ordinance standards for official controls restricting the
2.18siting of LWECS that are more stringent than standards in commission rules or in the
2.19commission's permit standards, including prohibition of LWECS in districts established
2.20in zoning ordinances as provided in chapter 394. The commission, in considering a
2.21permit application for LWECS in a county that has adopted more stringent standards
2.22official controls, shall must consider and apply those more stringent standards, unless the
2.23commission finds good cause not to apply the standards official controls.
2.24For the purpose of this section, "official controls" has the meaning given in section
2.25394.22, subdivision 6.
2.26EFFECTIVE DATE.This section is effective the day following final enactment.

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