HF 2240

as introduced - 89th Legislature (2015 - 2016) Posted on 04/20/2015 11:52am

A bill for an act
relating to energy; requiring the Public Utilities Commission to provide a
property rights ombudsman to assist landowners affected by the construction
of large energy facilities; providing for an assessment by the commission to
reimburse the costs of the property rights ombudsman; amending Minnesota
Statutes 2014, section 216B.62, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 216E.

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

Section 1.

Minnesota Statutes 2014, section 216B.62, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Assessment for property rights ombudsman. new text end

new text begin The commission may
assess any public utility, cooperative electric association, generation and transmission
cooperative electric association, municipal electric or natural gas utility, municipal power
agency, transmission company, or other entity that proposes the construction of a large
energy facility, as defined in section 216B.2421, or files an application for a site or route
permit under chapter 216E, the proportional costs incurred by the commission's property
rights ombudsman in responding to inquiries from landowners affected by the proposed
project, as described in section 216E.085.
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.

new text begin [216E.085] PROPERTY RIGHTS OMBUDSMAN.
new text end

new text begin (a) The commission shall provide a property rights ombudsman to assist landowners
who may be affected by the construction of a large energy facility, as defined in section
216B.2421, or by the construction of a large electric power facility, as defined in section
216E.01, that requires a site or route permit under chapter 216E.
new text end

new text begin (b) The ombudsman shall provide impartial information to landowners owning
property at or near a proposed facility identified in paragraph (a), including but not
limited to:
new text end

new text begin (1) the steps and procedures an acquiring authority must comply with when
attempting to acquire a right-of-way or site by negotiation or eminent domain;
new text end

new text begin (2) the timelines and procedures associated with the various procedures under
clause (1);
new text end

new text begin (3) legal options and rights of property owners faced with a right-of-way acquisition,
including rights for reimbursement of appraisal and relocation costs;
new text end

new text begin (4) information on how to find appraisers and attorneys specializing in right-of-way
acquisition to assist landowners; and
new text end

new text begin (5) the steps and procedures a proposer must comply with when seeking a certificate
of need under chapter 216B or a site or route permit under chapter 216E.
new text end

new text begin (c) The commission's cost of providing a property rights ombudsman shall be
reimbursed on a prorated basis by the proposers of a project that generates inquiries to the
property rights ombudsman, as specified in section 216B.62, subdivision 9.
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