SF 1096

as introduced - 89th Legislature (2015 - 2016) Posted on 02/24/2015 10:31am

A bill for an act
relating to energy; providing for local authority over permit applications by large
energy facilities powered by solar generating systems; requiring surety bonds for
certain solar generating facilities; proposing coding for new law in Minnesota
Statutes, chapter 216B.

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

Section 1.

new text begin [216B.2435] SOLAR FACILITY PERMIT AUTHORITY;
ASSUMPTION BY COUNTIES.
new text end

new text begin (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 large energy facilities, as defined by section 216B.2421, powered by
solar energy generating systems. 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.
new text end

new text begin (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.
new text end

new text begin (c) The commission shall, by order, establish general permit standards, including
appropriate property line set-backs, governing site permits for large energy facilities
powered by solar energy generating systems under this section. The order must consider
existing and historic commission standards for solar permits issued by the commission.
The general permit standards shall apply to permits issued by counties and to permits issued
by the commission for large energy facilities powered by solar energy generating systems.
new text end

new text begin (d) The commission and the commissioner of commerce shall provide technical
assistance to a county with respect to the processing of site permit applications for large
energy facilities powered by solar energy generating systems.
new text end

new text begin (e) This section does not apply to construction of solar energy generating systems
that are intended solely for private, nonindustrial, noncommercial use.
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 [216B.495] SURETY BONDS; LARGE SOLAR ENERGY FACILITIES.
new text end

new text begin (a) A large energy facility, as defined in section 216B.2421, that is powered by a
solar energy generating system must maintain a current, valid corporate surety bond issued
by a surety company admitted to do business in Minnesota in an amount sufficient to pay
the entire cost of (1) disassembling and removing the solar energy generating system, and
(2) land reclamation, in the event the large energy facility discontinues operations.
new text end

new text begin (b) The commission or a county board may not approve an application for a
certificate of need under section 216B.243 or 216B.2435 unless the applicant demonstrates
it meets the requirements of paragraph (a).
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