HF 811

as introduced - 87th Legislature (2011 - 2012) Posted on 03/03/2011 10:56am

A bill for an act
relating to energy; establishing setbacks for certain wind projects; amending
Minnesota Statutes 2010, section 216F.08.

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

Section 1.

Minnesota Statutes 2010, section 216F.08, is amended to read:

216F.08 PERMIT AUTHORITY; ASSUMPTION BY COUNTIES.

(a) A county board may, by resolution and upon written notice to the Public Utilities
Commission, assume responsibility for processing applications for permits required
under this chapter for LWECS with a combined nameplate capacity of less than 25,000
kilowatts. The responsibility for permit application processing, if assumed by a county,
may be delegated by the county board to an appropriate county officer or employee.
Processing by a county shall be done in accordance with procedures and processes
established under chapter 394.

(b) A county board that exercises its option under paragraph (a) may issue, deny,
modify, impose conditions upon, or revoke permits pursuant to this section. The action
of the county board about a permit application is final, subject to appeal as provided
in section 394.27.

(c) The commission shall, by order, establish general permit standards, including
appropriate property line set-backs, governing site permits for LWECS under this section.
The order must consider existing and historic commission standards for wind permits
issued by the commission. The general permit standards shall apply to permits issued by
counties and to permits issued by the commission for LWECS with a combined nameplate
capacity of less than 25,000 kilowatts. The commission or a county may grant a variance
from a general permit standard if the variance is found to be in the public interest.

(d) The commission and the commissioner of commerce shall provide technical
assistance to a county with respect to the processing of LWECS site permit applications.

new text begin (e) No site permit may be issued by the commission under section 216F.04 or by a
county under this section that allows construction of an LWECS within one-half mile of
the property line of a nonparticipating landowner located in a township whose population
density exceeds ....... persons per square mile.
new text end

new text begin For the purposes of this paragraph, "nonparticipating landowner" means a landowner
who has not executed an easement agreement to participate in an LWECS.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to all LWECS for which permit applications are filed on or after that date.
new text end