1.1                          A bill for an act
  1.2             relating to utilities; energy; excepting cogeneration 
  1.3             plants from the requirements of the power plant siting 
  1.4             act; preempting local siting regulations for 
  1.5             cogeneration plants; amending Minnesota Statutes 1994, 
  1.6             sections 116C.52, subdivision 5; and 116C.61, 
  1.7             subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 116C.52, 
  1.10  subdivision 5, is amended to read: 
  1.11     Subd. 5.  [LARGE ELECTRIC POWER GENERATING PLANT; EXCLUDING 
  1.12  COGENERATION FACILITIES.] "Large electric power generating 
  1.13  plant" shall mean electric power-generating equipment and 
  1.14  associated facilities, other than a cogeneration facility, 
  1.15  designed for or capable of operation at a capacity of 50,000 
  1.16  kilowatts or more.  "Cogeneration" has the meaning given it in 
  1.17  section 216B.166. 
  1.18     Sec. 2.  Minnesota Statutes 1994, section 116C.61, 
  1.19  subdivision 1, is amended to read: 
  1.20     Subdivision 1.  [REGIONAL, COUNTY AND LOCAL ORDINANCES, 
  1.21  RULES, REGULATIONS; PRIMARY RESPONSIBILITY AND REGULATION OF 
  1.22  SITE DESIGNATION, IMPROVEMENT AND USE.] To assure the paramount 
  1.23  and controlling effect of the provisions herein over other state 
  1.24  agencies, regional, county and local governments, and special 
  1.25  purpose government districts, the issuance of a certificate of 
  1.26  site compatibility or transmission line construction permit and 
  2.1   subsequent purchase and use of such site or route locations for 
  2.2   large electric power-generating plant and high-voltage 
  2.3   transmission line purposes shall be the sole site approval 
  2.4   required to be obtained by the utility.  Such certificate or 
  2.5   permit shall supersede and preempt all zoning, building, or land 
  2.6   use rules, regulations, or ordinances promulgated by regional, 
  2.7   county, and local governments and special purpose government 
  2.8   districts.  All zoning, building, or land use rules, 
  2.9   regulations, or ordinances promulgated by regional, county, and 
  2.10  local governments and special purpose government districts are 
  2.11  likewise preempted with regard to the siting of a cogeneration 
  2.12  facility.  The siting of a cogeneration facility must be made in 
  2.13  consultation with those local units of government of the area in 
  2.14  which the facility is proposed to be built.