2004 Minnesota Statutes

     116C.576 Local review of applications. 

    Subdivision 1.    Local review.  (a) Notwithstanding the 
 requirements of sections 116C.57 and 116C.575, an applicant who 
 seeks a site or route permit for one of the projects identified 
 in this section shall have the option of applying to those local 
 units of government that have jurisdiction over the site or 
 route for approval to build the project.  If local approval is 
 granted, a site or route permit is not required from the board.  
 If the applicant files an application with the board, the 
 applicant shall be deemed to have waived its right to seek local 
 approval of the project.  

    (b) A local unit of government with jurisdiction over a 
 project identified in this section to whom an applicant has 
 applied for approval to build the project may request the board 
 to assume jurisdiction and make a decision on a site or route 
 permit under the applicable provisions of sections 116C.52 to 
 116C.69.  A local unit of government must file the request with 
 the board within 60 days after an application for the project 
 has been filed with any one local unit of government.  If one of 
 the local units of government with jurisdiction over the project 
 requests the board to assume jurisdiction, jurisdiction over the 
 project transfers to the board.  If the local units of 
 government maintain jurisdiction over the project, the board 
 shall select the appropriate local unit of government to be the 
 responsible governmental unit to conduct environmental review of 
 the project.  

    Subd. 2.    Applicable projects.  Applicants may seek 
 approval from local units of government to construct the 
 following projects:  

    (1) large electric power generating plants with a capacity 
 of less than 80 megawatts; 

    (2) large electric power generating plants of any size that 
 burn natural gas and are intended to be a peaking plant; 

    (3) high voltage transmission lines of between 100 and 200 
 kilovolts; 

    (4) substations with a voltage designed for and capable of 
 operation at a nominal voltage of 100 kilovolts or more; 

    (5) a high voltage transmission line service extension to a 
 single customer between 200 and 300 kilovolts and less than ten 
 miles in length; and 

    (6) a high voltage transmission line rerouting to serve the 
 demand of a single customer when the rerouted line will be 
 located at least 80 percent on property owned or controlled by 
 the customer or the owner of the transmission line. 

    Subd. 3.    Notice of application.  Within ten days of 
 submission of an application to a local unit of government for 
 approval of an eligible project, the applicant shall notify the 
 board that the applicant has elected to seek local approval of 
 the proposed project.  

    HIST: 2001 c 212 art 7 s 15