Minn. Stat. § 216I.01
Citation
This chapter may be cited as the "Minnesota Energy Infrastructure Permitting Act."
Minnesota Statutes Chapter 216I — Energy Infrastructure Permitting
Minnesota · statute · Minn. Stat. ch. 216I · 28 active provisions
Minn. Stat. § 216I.02
Definitions
Subdivision 1. Applicability. For purposes of this chapter, the terms defined in this section have the meanings given, unless context clearly indicates or provides otherwise. Subd. 2. Associated facility. "Associated facility" means a building, equipment, communication instrumentation, or other physical structure that…
Minn. Stat. § 216I.03
Siting Authority
Subdivision 1. Policy. The legislature hereby declares it is the policy of the state to locate large electric power facilities in an orderly manner that is compatible with environmental preservation and the efficient use of resources. In accordance with the policy, the commission must choose locations that minimize adv…
Minn. Stat. § 216I.04
Applicability Determination
Subdivision 1. Generally. This section may be used to determine: (1) whether a proposal meets the definition of large energy infrastructure facility and is subject to the commission's siting or routing jurisdiction under this chapter; or (2) which review process is applicable at the time of the initial application. Sub…
Minn. Stat. § 216I.05
Designating Sites and Routes
Subdivision 1. Site permit. (a) A person is prohibited from constructing a large electric generating plant, a solar energy generating system, an energy storage system, or a large wind energy conversion system without a site permit issued by the commission. A person may construct a large electric generating plant, an en…
Minn. Stat. § 216I.06
Applications; Major Review
Subdivision 1. Environmental review. (a) The commission must prepare an environmental impact statement on each proposed large energy infrastructure facility for which a complete application has been submitted. An environmental impact statement means a detailed written statement that describes a large energy infrastruct…
Minn. Stat. § 216I.07
Applications; Standard Review
Subdivision 1. Standard review. An applicant who seeks a site or route permit for which the applicant's proposal is one of the projects identified in this section may follow the procedures under this section in lieu of the procedures under section 216I.06. The applicant must notify the commission at the time the applic…
Minn. Stat. § 216I.08
Applications; Local Review
Subdivision 1. Local review authorized. (a) Notwithstanding sections 216I.06 and 216I.07, an applicant who seeks a site or route permit for one of the projects identified in subdivision 2 may apply to the local units of government that have jurisdiction over the site or route for approval to build the project. If local…
Minn. Stat. § 216I.09
Permit Amendments
Subdivision 1. Applicability. This section applies to a request by the owner of the large energy infrastructure facility to modify any provision or condition of a site or route permit issued by the commission, including the following: (1) upgrades or rebuilds an existing electric line and associated facilities to a vol…
Minn. Stat. § 216I.10
Exempt Projects
Subdivision 1. Permit not required. A permit issued by the commission is not required to construct: (1) a small wind energy conversion system; (2) a power plant or solar energy generating system with a capacity of less than 50 megawatts; (3) an energy storage system with a capacity of less than ten megawatts; (4) a tra…
Minn. Stat. § 216I.11
Permitting Requirements; Exceptions for Certain Facilities
Subdivision 1. Permit not required. The following projects do not constitute the construction of a large energy infrastructure facility and may be constructed without a permit issued by the commission: (1) maintaining or repairing an existing large energy infrastructure facility within an existing site or right-of-way;…
Minn. Stat. § 216I.12
Emergency Permits
Subdivision 1. Utility emergency action. Any utility whose system requires the immediate construction of a large energy infrastructure facility due to a major unforeseen event may apply to the commission for an emergency permit. The application must provide notice in writing of the major unforeseen event and the need f…
Minn. Stat. § 216I.13
Permit Transfer
Subdivision 1. Application. A permittee holding a large energy infrastructure facility site or route permit may request that the commission transfer the permittee's permit. The permittee must provide the name of the existing permittee, the name and description of the entity to which the permit is to be transferred, the…
Minn. Stat. § 216I.14
Permit Revocation or Suspension
Subdivision 1. Initiation of action to revoke or suspend. The commission may initiate action to consider revoking or suspending a permit on the commission's own motion or upon the request of any person who has made a prima facie showing by affidavit and documentation that a violation of this chapter or the permit has o…
Minn. Stat. § 216I.15
Annual Hearing
The commission must hold an annual public hearing at a time and place prescribed by rule in order to afford interested persons an opportunity to be heard regarding any matters relating to the siting and routing of large energy infrastructure facilities. At the meeting, the commission must advise the public of the permi…
Minn. Stat. § 216I.16
Public Participation
Subdivision 1. Public participation; generally. The commission must adopt broad spectrum citizen participation as a principal of operation. The form of public participation must not be limited to public meetings and hearings and must be consistent with the commission's rules and guidelines under section 216I.26. Subd.…
Minn. Stat. § 216I.17
Public Meetings; Transcripts; Written Records
Meetings of the commission, including hearings, shall be open to the public. Minutes shall be kept of commission meetings and a complete record of public hearings shall be kept. All books, records, files, and correspondence of the commission shall be available for public inspection at any reasonable time. The commissio…
Minn. Stat. § 216I.18
Application to Local Regulation and Other State Permits
Subdivision 1. Site or route permit prevails over local provisions. To assure the paramount and controlling effect of the provisions herein over other state agencies, regional, county, and local governments, and special purpose government districts, the issuance of a site permit or route permit and subsequent purchase…
Minn. Stat. § 216I.19
Wind Turbine Lighting Systems
Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given. (b) "Duration" means the length of time during which the lights of a wind turbine lighting system are lit. (c) "Intensity" means the brightness of a wind turbine lighting system's lights. (d) "Light-mitigating…
Minn. Stat. § 216I.20
Improvement of Sites and Routes
A permittee that acquires a site or route in accordance with this chapter may proceed to construct or improve the site or route for the intended purposes at any time, subject to section 216I.18, subdivision 2, provided that if the construction and improvement has not commenced within four years after a permit for the s…
Minn. Stat. § 216I.21
Eminent Domain Powers; Power of Condemnation
Subdivision 1. Generally. Nothing in this section shall invalidate the power of eminent domain vested in utilities by statute or common law existing as of May 24, 1973, except to the extent modified herein. The power of eminent domain shall continue to exist for utilities and may be used according to law to accomplish…
Minn. Stat. § 216I.22
Sites and Routes; Recording Survey Points
The permanent location of monuments or markers found or placed by a utility in a survey of right-of-way for a route shall be placed on record in the office of the county recorder or registrar of titles. No fee shall be charged to the utility for recording this information.
Minn. Stat. § 216I.23
Failure to Act
If the commission fails to act within the times specified under this chapter, the applicant or any affected person may seek an order of the district court requiring the commission to designate or refuse to designate a site or route.
Minn. Stat. § 216I.24
Revocation or Suspension
A site or route permit may be revoked or suspended by the commission after adequate notice of the alleged grounds for revocation or suspension and a full and fair hearing in which the affected permittee has an opportunity to confront any witness and respond to any evidence against the permittee and to present rebuttal…
Minn. Stat. § 216I.25
Judicial Review
Any applicant, party, or person aggrieved by the issuance of a site or route permit, minor alteration, amendment, or emergency permit from the commission, by a certification of continuing suitability filed by a permittee with the commission, or by a final order in accordance with any rules promulgated by the commission…
Page 1 of 2Next →