Bill Text: MN HF811 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Wind project setbacks established.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-04-26 - Motion to recall and re-refer, motion prevailed Agriculture and Rural Development Policy and Finance [HF811 Detail]
Download: Minnesota-2011-HF811-Introduced.html
1.2relating to energy; establishing setbacks for certain wind projects;amending
1.3Minnesota Statutes 2010, section 216F.08.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 216F.08, is amended to read:
1.6216F.08 PERMIT AUTHORITY; ASSUMPTION BY COUNTIES.
1.7 (a) A county board may, by resolution and upon written notice to the Public Utilities
1.8Commission, assume responsibility for processing applications for permits required
1.9under this chapter for LWECS with a combined nameplate capacity of less than 25,000
1.10kilowatts. The responsibility for permit application processing, if assumed by a county,
1.11may be delegated by the county board to an appropriate county officer or employee.
1.12Processing by a county shall be done in accordance with procedures and processes
1.13established under chapter 394.
1.14 (b) A county board that exercises its option under paragraph (a) may issue, deny,
1.15modify, impose conditions upon, or revoke permits pursuant to this section. The action
1.16of the county board about a permit application is final, subject to appeal as provided
1.17in section394.27 .
1.18 (c) The commission shall, by order, establish general permit standards, including
1.19appropriate property line set-backs, governing site permits for LWECS under this section.
1.20The order must consider existing and historic commission standards for wind permits
1.21issued by the commission. The general permit standards shall apply to permits issued by
1.22counties and to permits issued by the commission for LWECS with a combined nameplate
1.23capacity of less than 25,000 kilowatts. The commission or a county may grant a variance
1.24from a general permit standard if the variance is found to be in the public interest.
2.1 (d) The commission and the commissioner of commerce shall provide technical
2.2assistance to a county with respect to the processing of LWECS site permit applications.
2.3(e) No site permit may be issued by the commission under section 216F.04 or by a
2.4county under this section that allows construction of an LWECS within one-half mile of
2.5the property line of a nonparticipating landowner located in a township whose population
2.6density exceeds ....... persons per square mile.
2.7For the purposes of this paragraph, "nonparticipating landowner" means a landowner
2.8who has not executed an easement agreement to participate in an LWECS.
2.9EFFECTIVE DATE.This section is effective the day following final enactment
2.10and applies to all LWECS for which permit applications are filed on or after that date.
1.3Minnesota Statutes 2010, section 216F.08.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 216F.08, is amended to read:
1.6216F.08 PERMIT AUTHORITY; ASSUMPTION BY COUNTIES.
1.7 (a) A county board may, by resolution and upon written notice to the Public Utilities
1.8Commission, assume responsibility for processing applications for permits required
1.9under this chapter for LWECS with a combined nameplate capacity of less than 25,000
1.10kilowatts. The responsibility for permit application processing, if assumed by a county,
1.11may be delegated by the county board to an appropriate county officer or employee.
1.12Processing by a county shall be done in accordance with procedures and processes
1.13established under chapter 394.
1.14 (b) A county board that exercises its option under paragraph (a) may issue, deny,
1.15modify, impose conditions upon, or revoke permits pursuant to this section. The action
1.16of the county board about a permit application is final, subject to appeal as provided
1.17in section
1.18 (c) The commission shall, by order, establish general permit standards, including
1.19appropriate property line set-backs, governing site permits for LWECS under this section.
1.20The order must consider existing and historic commission standards for wind permits
1.21issued by the commission. The general permit standards shall apply to permits issued by
1.22counties and to permits issued by the commission for LWECS with a combined nameplate
1.23capacity of less than 25,000 kilowatts. The commission or a county may grant a variance
1.24from a general permit standard if the variance is found to be in the public interest.
2.1 (d) The commission and the commissioner of commerce shall provide technical
2.2assistance to a county with respect to the processing of LWECS site permit applications.
2.3(e) No site permit may be issued by the commission under section 216F.04 or by a
2.4county under this section that allows construction of an LWECS within one-half mile of
2.5the property line of a nonparticipating landowner located in a township whose population
2.6density exceeds ....... persons per square mile.
2.7For the purposes of this paragraph, "nonparticipating landowner" means a landowner
2.8who has not executed an easement agreement to participate in an LWECS.
2.9EFFECTIVE DATE.This section is effective the day following final enactment
2.10and applies to all LWECS for which permit applications are filed on or after that date.
