HF 2059

as introduced - 94th Legislature (2025 - 2026) Posted on 03/10/2025 02:44pm

A bill for an act
relating to energy; requiring local governments to establish residential instant solar
permitting platforms; requiring a report; 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.1697] INSTANT SOLAR PERMITTING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Applicable permitting authority" means a unit of local government in Minnesota
with more than 5,000 residents that reviews and issues permits to install residential
photovoltaic systems within the unit of local government's jurisdiction.
new text end

new text begin (c) "Manual review" means the review of a permit application and associated documents
or review of a prerequisite application or associated documents, the approval of which is
conditional for receiving a permit, for a residential photovoltaic system by an individual
who is a representative of a permitting authority.
new text end

new text begin (d) "Residential instant solar permitting platform" means software or a combination of
software that automates plan review, automatically produces code-compliant approvals,
accepts online payments for permitting fees if permitting fees are levied, and instantly issues
permits and permit revisions for residential photovoltaic system permit applications submitted
to the applicable permitting authority upon the online submission of permitting fee payments,
if permitting fees are levied, and a code compliant application. The residential instant solar
permitting platform must be available for photovoltaic systems up to the maximum capacity
allowed with a 200-amp main service disconnect that provides electrical power to a one-
or two-family dwelling, and that may include an energy storage system, a main panel
upgrade, or a main breaker derate.
new text end

new text begin Subd. 2. new text end

new text begin Residential instant solar permitting platforms. new text end

new text begin (a) An applicable permitting
authority must adopt a residential instant solar permitting platform. The applicable permitting
authority must anticipate that the residential instant solar permitting platform has the
capability to process at least 75 percent of the residential photovoltaic permit applications
submitted on existing construction in Minnesota.
new text end

new text begin (b) Notwithstanding other laws or rules, an applicable permitting authority must not
require manual review for a photovoltaic system approved by the residential instant solar
permitting platform at any time during the permitting and inspection processes.
new text end

new text begin (c) Paragraph (b) does not preclude an inspector from examining a construction document.
new text end

new text begin Subd. 3. new text end

new text begin Compliance report. new text end

new text begin (a) An applicable permitting authority must submit a
compliance report to the department when the applicable permitting authority is in compliance
with subdivision 2. The report must be submitted within 60 days of the date that the
applicable permitting authority is first compliant with subdivision 2. The department may
set guidelines for reports submitted under this subdivision. The report must include the
following:
new text end

new text begin (1) the date of compliance;
new text end

new text begin (2) the software used for compliance;
new text end

new text begin (3) confirmation that the applicable permitting authority is:
new text end

new text begin (i) using a residential instant solar permitting platform to instantly issue permits and
permit revisions for residential photovoltaic systems; and
new text end

new text begin (ii) not requiring manual review at any time during the permitting and inspection process;
and
new text end

new text begin (4) an explanation describing why the applicable permitting authority anticipates the
residential instant solar permitting platform has the capability to process at least 75 percent
of the residential photovoltaic permit applications submitted on existing construction in
Minnesota. An applicable permitting authority may provide an explanation that is based on
a statement from the provider of the residential instant solar permitting platform and other
information that supports a finding that a residential instant solar permitting platform has
the capability to process at least 75 percent of the residential photovoltaic permit applications.
new text end

new text begin (b) The department may determine if the applicable permitting authority's compliance
report submitted under paragraph (a) is accurate, make the findings publicly available, and
take action to encourage and enforce compliance with subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Annual report. new text end

new text begin (a) An applicable permitting authority must submit an annual
report to the department regarding use of the residential instant solar permitting platform.
Beginning April 1, 2027, an applicable permitting authority must annually report to the
department by April 1 each year until April 1, 2036. The report must cover the previous
calendar year and must include:
new text end

new text begin (1) the number of permits issued through the residential instant solar permitting platform
and the relevant characteristics of the permitted systems;
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new text begin (2) the number of residential photovoltaic permits issued by means other than the
residential instant solar permitting platform and the relevant characteristics of the alternatively
permitted systems;
new text end

new text begin (3) the software used for compliance;
new text end

new text begin (4) confirmation that the applicable permitting authority is:
new text end

new text begin (i) using a residential instant solar permitting platform to instantly issue permits and
permit revisions for residential photovoltaic systems; and
new text end

new text begin (ii) not requiring manual review at any time during the permitting and inspection process;
and
new text end

new text begin (5) a plan to increase use of the residential instant solar permitting platform if fewer
than 75 percent of the residential photovoltaic permits for existing construction are issued
through the residential instant solar permitting platform.
new text end

new text begin (b) The department may determine if the applicable permitting authority's annual report
submitted under paragraph (a) is accurate, make the findings publicly available, and take
action at the department's discretion to encourage and enforce compliance with subdivision
2.
new text end

new text begin Subd. 5. new text end

new text begin Self-certification. new text end

new text begin An applicable permitting authority must self-certify the
applicable permitting authority's compliance with this section when applying for funding
from the department after the applicable date in subdivision 2. An applicable permitting
authority that fails to comply with this section may be ineligible for funding opportunities
offered by the department. The department may condition or deny an applicable permitting
authority direct funding from a department program if the applicable permitting authority
does not comply with this section. This subdivision does not apply to the $2,000,000 in
funds available pursuant to section 216C.48.
new text end

new text begin Subd. 6. new text end

new text begin Inspections. new text end

new text begin (a) An applicable permitting authority must inspect completed
projects permitted by the residential instant solar permitting platform.
new text end

new text begin (b) An applicable permitting authority must provide an option for a remote inspection
via recorded video or photo that may be submitted electronically for projects permitted by
the residential instant solar permitting platform. An inspection under this paragraph must
not cost more than or result in greater delay than an in-person inspection.
new text end

new text begin (c) An applicable permitting authority must not require more than one inspection for a
project permitted by the residential instant solar permitting platform unless the first inspection
was failed.
new text end

new text begin Subd. 7. new text end

new text begin Exemption. new text end

new text begin An applicable permitting authority that does not require a permit
for residential photovoltaic solar systems is exempt from this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2026.
new text end