1.1 	A bill for an act
1.2 	relating to energy; increasing the capacity of wind energy conversion systems 
1.3 	over which counties have authority to issue site permits;amending Minnesota 
1.4 	Statutes 2008, sections 216F.01, subdivisions 2, 3; 216F.02; 216F.08.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 216F.01, subdivision 2, is amended to read:
1.7 		Subd. 2.Large wind energy conversion system or LWECS. "Large wind energy 
1.8 	conversion system" or "LWECS" means any combination of WECS with a combined 
1.9 	nameplate capacity ~~of 5,000~~ greater than 25,000 kilowatts ~~or more~~.

1.10 	Sec. 2. Minnesota Statutes 2008, section 216F.01, subdivision 3, is amended to read:
1.11 		Subd. 3.Small wind energy conversion system or SWECS. "Small wind energy 
1.12 	conversion system" or "SWECS" means any combination of WECS with a combined 
1.13 	nameplate capacity ~~of~~ less than ~~5,000~~ or equal to 25,000 kilowatts.

1.14 	Sec. 3. Minnesota Statutes 2008, section 216F.02, is amended to read:
1.15 	216F.02 EXEMPTIONS.
1.16 	(a) The requirements of chapter 216E do not apply to the siting of ~~LWECS~~ a WECS 
1.17 	with a combined nameplate greater than 5,000 kilowatts that applies to the commission for 
1.18 	a site permit, except for sections 216E.01; 216E.03, subdivision 7; 216E.08; 216E.11; 
1.19 	216E.12; 216E.14; 216E.15; 216E.17; and 216E.18, subdivision 3, which do apply. 
1.20 	(b) Any person may construct an SWECS with a combined nameplate capacity of 
1.21 	less than 5,000  kilowatts without complying with chapter 216E or this chapter. 
2.1 	(c) Nothing in this chapter shall preclude a local governmental unit from establishing 
2.2 	requirements for the siting and construction of SWECS. 

2.3 	Sec. 4. Minnesota Statutes 2008, section 216F.08, is amended to read:
2.4 	216F.08 PERMIT AUTHORITY; ASSUMPTION BY COUNTIES.
2.5 	(a) A county board may, by resolution and upon written notice to the Public Utilities 
2.6 	Commission, assume responsibility for processing applications for permits required under 
2.7 	this chapter for ~~LWECS with a combined nameplate capacity of less than 25,000 kilowatts~~
2.8 	SWECS. The responsibility for permit application processing, if assumed by a county, 
2.9 	may be delegated by the county board to an appropriate county officer or employee. 
2.10 	~~Processing by~~ A county shall ~~be done~~ process applications in accordance with procedures 
2.11 	and processes established under chapter 394. 
2.12 	(b) A county board that exercises its option under paragraph (a) may issue, deny, 
2.13 	modify, impose conditions upon, or revoke permits pursuant to this section. The action of 
2.14 	~~the~~ a county board ~~about~~ with respect to a permit application is final, subject to appeal as 
2.15 	provided in section 394.27. 
2.16 	(c) The commission shall, by order, establish general permit standards~~, including~~ 
2.17 	~~appropriate property line set-backs,~~ governing site permits for LWECS and SWECS 
2.18 	with a combined nameplate capacity of 25,000 kilowatts under this section. ~~The order~~ 
2.19 	~~must consider existing and historic commission standards for wind permits issued by the~~ 
2.20 	~~commission.~~ The general permit standards ~~shall~~ may apply to permits issued by counties 
2.21 	and shall apply to permits issued by the commission for LWECS and SWECS with a 
2.22 	combined nameplate capacity of less than 25,000 kilowatts. The general permit standards 
2.23 	must establish a setback for a WECS from a road or property line equal to 1.1 times the 
2.24 	maximum tip height of a rotor blade measured from ground level when the blade is in a 
2.25 	vertical position. Counties are encouraged to consider an identical setback standard in 
2.26 	permits they issue. The commission or a county may grant a variance from a general 
2.27 	permit standard if the variance is found to be in the public interest. Permit standards 
2.28 	established by a county under this section supersede general permit standards established 
2.29 	by the commission.
2.30 	(d) Upon request by a county, the commission and the commissioner of commerce 
2.31 	shall provide technical assistance to a county with respect to ~~the processing of LWECS~~
2.32 	SWECS site permit applications.

2.33 	Sec. 5. EFFECTIVE DATE.
 2.34 	Sections 1 to 4 are effective the day following final enactment.