Minnesota Legislature
SF 1891
as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:24am
Current Version - as introduced
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A bill for an act
relating to energy; increasing the capacity of wind energy conversion systems
over which counties have authority to issue site permits; amending Minnesota
Statutes 2008, sections 216F.01, subdivisions 2, 3; 216F.02; 216F.08.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 216F.01, subdivision 2, is amended to read:
Subd. 2.
Large wind energy conversion system or LWECS.
"Large wind energy
conversion system" or "LWECS" means any combination of WECS with a combined
nameplate capacity deleted text begin of 5,000deleted text end new text begin greater than 25,000new text end kilowatts deleted text begin or moredeleted text end .
Sec. 2.
Minnesota Statutes 2008, section 216F.01, subdivision 3, is amended to read:
Subd. 3.
Small wind energy conversion system or SWECS.
"Small wind energy
conversion system" or "SWECS" means any combination of WECS with a combined
nameplate capacity deleted text begin ofdeleted text end less than deleted text begin 5,000deleted text end new text begin or equal to 25,000new text end kilowatts.
Sec. 3.
Minnesota Statutes 2008, section 216F.02, is amended to read:
216F.02 EXEMPTIONS.
(a) The requirements of chapter 216E do not apply to the siting of deleted text begin LWECSdeleted text end new text begin a WECS
with a combined nameplate greater than 5,000 kilowatts that applies to the commission for
a site permitnew text end , except for sections 216E.01; 216E.03, subdivision 7; 216E.08; 216E.11;
216E.12; 216E.14; 216E.15; 216E.17; and 216E.18, subdivision 3, which do apply.
(b) Any person may construct an SWECSnew text begin with a combined nameplate capacity of
less than 5,000 kilowattsnew text end without complying with chapter 216E or this chapter.
(c) Nothing in this chapter shall preclude a local governmental unit from establishing
requirements for the siting and construction of SWECS.
Sec. 4.
Minnesota Statutes 2008, 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 deleted text begin LWECS with a combined nameplate capacity of less than 25,000 kilowattsdeleted text end new text begin
SWECSnew text end . 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.
deleted text begin Processing bydeleted text end A county shall deleted text begin be donedeleted text end new text begin process applicationsnew text end 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
deleted text begin thedeleted text end new text begin anew text end county board deleted text begin aboutdeleted text end new text begin with respect tonew text end a permit application is final, subject to appeal as
provided in section 394.27.
(c) The commission shall, by order, establish general permit standardsdeleted text begin , including
appropriate property line set-backs,deleted text end governing site permits for LWECSnew text begin and SWECS
with a combined nameplate capacity of 25,000 kilowattsnew text end under this section. deleted text begin The order
must consider existing and historic commission standards for wind permits issued by the
commission.deleted text end The general permit standards deleted text begin shalldeleted text end new text begin maynew text end apply to permits issued by counties
and new text begin shall apply new text end to permits issued by the commission for LWECS new text begin and SWECS new text end with a
combined nameplate capacity of less than 25,000 kilowatts.new text begin The general permit standards
must establish a setback for a WECS from a road or property line equal to 1.1 times the
maximum tip height of a rotor blade measured from ground level when the blade is in a
vertical position. Counties are encouraged to consider an identical setback standard in
permits they issue.new text end 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.new text begin Permit standards
established by a county under this section supersede general permit standards established
by the commission.
new text end
(d) new text begin Upon request by a county, new text end the commission and the commissioner of commerce
shall provide technical assistance to a county with respect to deleted text begin the processing of LWECSdeleted text end new text begin
SWECSnew text end site permit applications.
Sec. 5. new text begin EFFECTIVE DATE.
new text end
new text begin
Sections 1 to 4 are effective the day following final enactment.
new text end