reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216C — Energy Planning And Conservation › Section 216C.402 — Grant Program; Manufacturers' Certification Of Auto Dealers To Sell Electric Vehicles.

216C.402 GRANT PROGRAM; MANUFACTURERS' CERTIFICATION OF AUTO DEALERS TO SELL ELECTRIC VEHICLES.
Subdivision 1.
Establishment.
A grant program is established in the department to award grants to dealers to offset the costs of obtaining the necessary training and equipment that is required by electric vehicle manufacturers in order to certify a dealer to sell electric vehicles produced by the manufacturer.
Subd. 2.
Application.
An application for a grant under this section must be made to the commissioner on a form developed by the commissioner. The commissioner must develop administrative procedures and processes to review applications and award grants under this section.
Subd. 3.
Eligible applicants.
An applicant for a grant awarded under this section must be a dealer of new motor vehicles licensed under chapter 168 operating under a franchise from a manufacturer of electric vehicles.
Subd. 4.
Account established; appropriation.
(a) An auto dealer certification grant account is established as a separate account in the special revenue fund in the state treasury. The commissioner shall credit to the account appropriations and transfers to the account. Earnings, including interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money in the account at the end of a fiscal year does not cancel to the general fund but remains available in the account until expended. The commissioner shall manage the account.
(b) Money in the account is appropriated to the commissioner to pay the reasonable costs of the department to administer this section.
Subd. 5.
Eligible expenditures.
Appropriations made to support the activities of this section must be used only to reimburse:
(1) a dealer for the reasonable costs to obtain training and certification for the dealer's employees from the electric vehicle manufacturer that awarded the franchise to the dealer;
(2) a dealer for the reasonable costs to purchase and install equipment to service and repair electric vehicles, as required by the electric vehicle manufacturer that awarded the franchise to the dealer; and
(3) the department for the reasonable costs to administer this section.
Subd. 6.
Limitation.
A grant awarded under this section to a single dealer must not exceed $40,000.
History:
2023 c 60 art 12 s 41
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216C — Energy Planning And Conservation › Section 216C.417 — Program Administration; "made In Minnesota" Solar Energy Production Incentives.

216C.417 PROGRAM ADMINISTRATION; "MADE IN MINNESOTA" SOLAR ENERGY PRODUCTION INCENTIVES.
Subdivision 1.
General provisions.
Payment of a "Made in Minnesota" solar energy production incentive to an owner whose application was approved by the commissioner of commerce under section 216C.415, by May 1, 2017, must be administered under the provisions of Minnesota Statutes 2016, sections 216C.411; 216C.413; 216C.414, subdivisions 1 to 3 and 5; and 216C.415. No incentive payments may be made under this section to an owner whose application was approved by the commissioner after May 1, 2017.
Subd. 2.
Appropriation.
(a) Unspent money remaining in the account established under Minnesota Statutes 2016, section 216C.412, on July 1, 2017, must be transferred to the renewable development account in the special revenue fund established under section 116C.779, subdivision 1.
(b) There is annually appropriated from the renewable development account in the special revenue fund established in section 116C.779 to the commissioner of commerce money sufficient to make the incentive payments required under Minnesota Statutes 2016, section 216C.415. Any funds appropriated under this paragraph that are unexpended at the end of a fiscal year cancel to the renewable development account.
(c) Notwithstanding Minnesota Statutes 2016, section 216C.412, subdivision 1, none of this appropriation may be used for administrative costs.
Subd. 3.
Eligibility window; payment duration.
(a) Payments may be made under this subdivision only for solar photovoltaic module installations that meet the requirements of subdivision 1 and that first begin generating electricity between January 1, 2014, and October 31, 2018.
(b) The payment eligibility window of the incentive begins and runs consecutively from the date the solar photovoltaic modules first begins generating electricity.
(c) An owner of solar photovoltaic modules may receive payments under this section for a particular module for a period of ten years, provided that sufficient funds are available in the account.
(d) No payment may be made under this section for electricity generated after October 31, 2028.
History:
2017 c 94 art 10 s 22
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216C — Energy Planning And Conservation › Section 216C.42 — Definitions; Energy Improvements For Buildings.

216C.42 DEFINITIONS; ENERGY IMPROVEMENTS FOR BUILDINGS.
Subdivision 1.
Scope.
For the purpose of this section and section 216C.43, the terms defined in this section have the meanings given them.
Subd. 2.
Energy improvement project.
"Energy improvement project" means a project to improve energy efficiency in a building or facility, including the design, acquisition, installation, construction, and commissioning of equipment or improvements to a building or facility, and training of building or facility staff necessary to properly operate and maintain the equipment or improvements.
Subd. 3.
Energy project study.
"Energy project study" means a technical and financial study of one or more energy improvement projects, including:
(1) an analysis of historical energy consumption and cost data;
(2) a description of existing equipment, structural elements, operating characteristics, and other conditions affecting energy use;
(3) a description of the proposed energy improvement projects;
(4) a detailed budget for the proposed project;
(5) calculations sufficient to demonstrate the expected energy savings; and
(6) if a geothermal energy improvement, whether the project is calculated to produce savings in terms of nongeothermal energy and costs.
Subd. 4.
Financing agreement.
"Financing agreement" means a tax-exempt lease-purchase agreement entered into by a local government and a financial institution under a standard project financing agreement offered under section 216C.43, subdivision 6.
Subd. 5.
Local government.
"Local government" means a Minnesota county, statutory or home rule charter city, town, school district, park district, or any combination of those units operating under an agreement to exercise powers jointly.
Subd. 6.
Program.
"Program" means the energy improvement financing program for local governments authorized by section 216C.43.
Subd. 7.
Supplemental cash flow agreement.
"Supplemental cash flow agreement" means an agreement by the commissioner to lend funds to a local government up to an amount necessary to ensure that the cumulative payments made by the local government under a financing agreement minus the amount loaned by the commissioner do not exceed the actual energy and operating cost savings attributable to the energy improvement project for the term of the supplemental cash flow agreement.
History:
2008 c 356 s 9
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216C — Energy Planning And Conservation › Section 216C.50 — Propane Education And Research Council.

216C.50 PROPANE EDUCATION AND RESEARCH COUNCIL.
Subdivision 1.
Council.
Propane producers and propane retail marketers, as defined by United States Code, title 15, section 6402, may form a propane education and research council for the purpose of establishing, supporting, or conducting research, training, and education programs concerning the safe and efficient use of propane.
Subd. 2.
Organization.
Organization and membership of the council shall be in compliance with United States Code, title 15, sections 6403, subsections (a) and (b), and 6404, subsection (c), and must abide by the requirements of United States Code, title 15, section 6409. The council is established upon certification by the commissioner of public safety that the council has been organized in compliance with United States Code, title 15, sections 6403, subsections (a) and (b), and 6404, subsection (c).
Subd. 3.
Assessment.
A propane education and research council, established and certified pursuant to subdivision 2, may assess propane producers and retail marketers an amount not to exceed the maximum assessment authorized in United States Code, title 15, section 6405(a), per gallon of odorized propane in a manner established by the council in compliance with United States Code, title 15, section 6405, subsections (a) to (c). Propane producers and retail marketers shall be responsible for the amounts assessed.
Subd. 4.
Annual report.
A propane education and research council collecting assessments pursuant to subdivision 3 shall annually report to the commissioner of public safety, detailing collections and expenditures made pursuant to this section.
History:
2001 c 130; 2004 c 222 s 1; 2016 c 189 art 6 s 14
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216C — Energy Planning And Conservation › Section 216C.51 — Utility Diversity Reporting.

216C.51 UTILITY DIVERSITY REPORTING.
Subdivision 1.
Public policy.
It is the public policy of this state to encourage each utility that serves Minnesota residents to focus on and improve the diversity of the utility's workforce and suppliers.
Subd. 2.
Definition.
As used in this section, "utility" has the meaning given to the term "public utility" in section 216B.02, subdivision 4.
Subd. 3.
Annual report.
(a) Beginning March 15, 2024, and each March 15 thereafter, each utility authorized to do business in Minnesota must file an annual diversity report to the commissioner in the public eDockets system that describes:
(1) the utility's goals and efforts to increase diversity in the workplace, including current workforce representation numbers and percentages; and
(2) all procurement goals and actual spending for female-owned, minority-owned, veteran-owned, and small business enterprises during the previous calendar year.
(b) The goals under paragraph (a), clause (2), must be expressed as a percentage of the total work performed by the utility submitting the report. The actual spending for female-owned, minority-owned, veteran-owned, and small business enterprises must also be expressed as a percentage of the total work performed by the utility submitting the report.
Subd. 4.
Report elements.
Each utility required to report under this section must include the following in the annual report:
(1) an explanation of the plan to increase diversity in the utility's workforce and among the utility's suppliers during the next year;
(2) an explanation of the plan to increase the goals;
(3) an explanation of the challenges faced to increase workforce and supplier diversity, including suggestions regarding actions the department could take to help identify potential employees and vendors;
(4) a list of the certifications the company recognizes;
(5) a point of contact for a potential employee or vendor that wishes to work for or do business with the utility; and
(6) a list of successful actions taken to increase workforce and supplier diversity, to encourage other companies to emulate best practices.
Subd. 5.
State data.
Each annual report must include as much state-specific data as possible. If the submitting utility does not submit state-specific data, the utility must include any relevant national data the utility possesses, explain why the utility could not submit state-specific data, and detail how the utility intends to include state-specific data in future reports, if possible.
Subd. 6.
Publication; retention.
The department must publish an annual report on the department's website and must maintain each annual report for at least five years.
History:
2023 c 60 art 12 s 47
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216D — Excavation Notice System › Section 216D.02 — Notice To Excavator Or Operator.

216D.02 NOTICE TO EXCAVATOR OR OPERATOR.
Subdivision 1.
Display and distribution.
Local governmental units that issue permits for an activity involving excavation must continuously display an excavator's and operator's notice at the location where permits are applied for and obtained. An excavator and operator's notice and a copy of sections 216D.03 to 216D.07 must be furnished to each person obtaining a permit for excavation.
Subd. 2.
Form.
The notification center shall prescribe an excavator and operator's notice. The notice must inform excavators and operators of their obligations to comply with sections 216D.03 to 216D.07. The center shall furnish to local governmental units:
(1) a copy of the notice and sections 216D.03 to 216D.07 in a form suitable for photocopying;
(2) a copy of the display and distribution requirements under subdivision 1; and
(3) the telephone number and mailing address of the notification center.
History:
1987 c 353 s 8
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216D — Excavation Notice System › Section 216D.05 — Precautions To Avoid Damage.

216D.05 PRECAUTIONS TO AVOID DAMAGE.
An excavator shall:
(1) plan the excavation to avoid damage to and minimize interference with underground facilities in and near the construction area;
(2) use white markings for proposed excavations except where it can be shown that it is not practical;
(3) maintain a clearance between an underground facility and the cutting edge or point of any mechanized equipment, considering the known limit of control of the cutting edge or point to avoid damage to the facility;
(4) provide support for underground facilities in and near the construction area, including during backfill operations, to protect the facilities; and
(5) conduct the excavation in a careful and prudent manner.
History:
1987 c 353 s 11; 1998 c 348 s 4; 2004 c 163 s 7
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216D — Excavation Notice System › Section 216D.06 — Damage To Facility.

216D.06 DAMAGE TO FACILITY.
Subdivision 1.
Notice; repair.
(a) If any damage occurs to an underground facility or its protective covering, the excavator shall notify the operator promptly. When the operator receives a damage notice, the operator shall promptly dispatch personnel to the damage area to investigate. If the damage results in the escape of any flammable, toxic, or corrosive gas or liquid or endangers life, health, or property, the excavator responsible shall immediately notify the operator and the 911 public safety answering point, as defined in section 403.02, subdivision 19, and take immediate action to protect the public and property. The excavator shall also attempt to minimize the hazard until arrival of the operator's personnel or until emergency responders have arrived and completed their assessment. The 911 public safety answering point shall maintain a response plan for notifications generated by this section.
(b) An excavator shall delay backfilling in the immediate area of the damaged underground facilities until the damage has been investigated by the operator, unless the operator authorizes otherwise. The repair of damage must be performed by the operator or by qualified personnel authorized by the operator.
(c) An excavator who knowingly damages an underground facility, and who does not notify the operator as soon as reasonably possible or who backfills in violation of paragraph (b), is guilty of a misdemeanor.
Subd. 2.
Cost reimbursement.
(a) If an excavator damages an underground facility, the excavator shall reimburse the operator for the cost of necessary repairs, and for a pipeline the cost of the product that was being carried in the pipeline and was lost as a direct result of the damage.
(b) Reimbursement is not required if the damage to the underground facility was caused by the sole negligence of the operator or the operator failed to comply with section 216D.04, subdivision 3.
Subd. 3.
Prima facie evidence of negligence.
It is prima facie evidence of the excavator's negligence in a civil court action if damage to the underground facilities of an operator resulted from excavation, and the excavator failed to give an excavation notice under section 216D.04 or provide support as required by section 216D.05.
History:
1987 c 353 s 12; 1999 c 43 s 1
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216D — Excavation Notice System › Section 216D.07 — Effect On Local Ordinances.

216D.07 EFFECT ON LOCAL ORDINANCES.
(a) Sections 216D.01 to 216D.07 do not affect or impair local ordinances, charters, or other provisions of law requiring permits to be obtained before excavating.
(b) A person with a permit for excavation from the state or a public agency is subject to sections 216D.01 to 216D.07. The state or public agency that issued a permit for excavation is not liable for the actions of an excavator who fails to comply with sections 216D.01 to 216D.07.
History:
1987 c 353 s 13
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216D — Excavation Notice System › Section 216D.08 — Civil Penalties; Proceeds To Safety Account; Rules.

216D.08 CIVIL PENALTIES; PROCEEDS TO SAFETY ACCOUNT; RULES.
Subdivision 1.
Penalties.
A person who is engaged in excavation for remuneration or an operator other than an operator subject to section 299F.59, subdivision 1, who violates sections 216D.01 to 216D.07 is subject to a civil penalty to be imposed by the commissioner not to exceed $1,000 for each violation per day of violation. An operator subject to section 299F.59, subdivision 1, who violates sections 216D.01 to 216D.07 is subject to a civil penalty to be imposed under section 299F.60. The district court may hear, try, and determine actions commenced under this section. Trials under this section must be to the court sitting without a jury. If the fine exceeds the maximum limit for conciliation court, the person appealing the fine may request the commissioner to conduct an administrative hearing under chapter 14.
Subd. 2.
Settlement.
The commissioner may negotiate a compromise settlement of a civil penalty. In determining the amount of the penalty, or the amount of the compromise settlement, the commissioner shall consider the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance, after notification of a violation. Unless the commissioner chooses to proceed in district court under subdivision 1, the contested case and judicial review provisions of chapter 14 apply to the orders of the commissioner imposing a penalty under sections 216D.01 to 216D.07. The amount of the penalty, when finally determined, may be deducted from sums owing by the state of Minnesota to the person charged.
Subd. 3.
Credited to pipeline safety account; appropriation.
Penalties collected under this section must be deposited in the state treasury and credited to the pipeline safety account to be applied to the reduction of expenses or costs assessed by the commissioner against persons regulated under this chapter. Penalties collected under this section are annually appropriated to the commissioner of public safety.
Subd. 4.
Rules.
The commissioner shall adopt rules establishing reasonable guidelines for imposing penalties. The rules must provide for notice that a penalty is assessed and may exempt activities from penalties unless the excavator or operator as defined in this section has evidenced a course of action in disregard of this chapter.
History:
1989 c 244 s 6; 1998 c 348 s 5,6; 2005 c 136 art 8 s 4,5
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216D — Excavation Notice System › Section 216D.09 — Injunctive Relief.

216D.09 INJUNCTIVE RELIEF.
Subdivision 1.
Jurisdiction.
The district courts of the state of Minnesota have jurisdiction, subject to the provisions of the statutes and the rules of practice and procedure of the state of Minnesota relative to civil actions in the district courts, to restrain violations of sections 216D.01 to 216D.07, on petition by the attorney general on behalf of the state of Minnesota. When practicable, the commissioner shall give notice to a person against whom an action for injunctive relief is contemplated and afford the person an opportunity to present views and, except in the case of a knowing and willful violation, shall afford the person reasonable opportunity to achieve compliance. However, the failure to give the notice and afford an opportunity to present views does not preclude the granting of appropriate relief.
Subd. 2.
Venue.
Actions under this section must be brought in district court in the district where the defendant's principal place of business in the state is located, and process in these cases may be served in any other district in the state of Minnesota where the defendant may be found or in which the defendant is an inhabitant or transacts business.
History:
1989 c 244 s 7
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.02 — Siting Authority.

216E.02 SITING AUTHORITY.
Subdivision 1.
Policy.
The legislature hereby declares it to be the policy of the state to locate large electric power facilities in an orderly manner compatible with environmental preservation and the efficient use of resources. In accordance with this policy the commission shall choose locations that minimize adverse human and environmental impact while insuring continuing electric power system reliability and integrity and insuring that electric energy needs are met and fulfilled in an orderly and timely fashion.
Subd. 2.
Jurisdiction.
The commission is hereby given the authority to provide for site and route selection for large electric power facilities. The commission shall issue permits for large electric power facilities in a timely fashion and in a manner consistent with the overall determination of need for the project under section 216B.243 or 216B.2425. Questions of need, including size, type, and timing; alternative system configurations; and voltage must not be included in the scope of environmental review conducted under this chapter.
Subd. 3.
Interstate routes.
If a route is proposed in two or more states, the commission shall attempt to reach agreement with affected states on the entry and exit points prior to designating a route. The commission, in discharge of its duties pursuant to this chapter may make joint investigations, hold joint hearings within or without the state, and issue joint or concurrent orders in conjunction or concurrence with any official or agency of any state or of the United States. The commission may negotiate and enter into any agreements or compacts with agencies of other states, pursuant to any consent of Congress, for cooperative efforts in certifying the construction, operation, and maintenance of large electric power facilities in accord with the purposes of this chapter and for the enforcement of the respective state laws regarding such facilities.
History:
1973 c 591 s 3; 1975 c 271 s 6; 1977 c 439 s 6; 2001 c 212 art 7 s 3,4; 2005 c 97 art 3 s 3,19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.021 — Solar Energy System Size Determination.

216E.021 SOLAR ENERGY SYSTEM SIZE DETERMINATION.
(a) This section must be used to determine whether a combination of solar energy generating systems meets the definition of large electric power generating plant and is subject to the commission's siting authority jurisdiction under this chapter. The alternating current nameplate capacity of one solar energy generating system must be combined with the alternating current nameplate capacity of any other solar energy generating system that:
(1) is constructed within the same 12-month period as the solar energy generating system; and
(2) exhibits characteristics of being a single development, including but not limited to ownership structure, an umbrella sales arrangement, shared interconnection, revenue sharing arrangements, and common debt or equity financing.
(b) The commissioner of commerce shall provide forms and assistance for applicants to make a request for a size determination. Upon written request of an applicant, the commissioner shall provide a written size determination within 30 days of receipt of the request and of any information requested by the commissioner. In the case of a dispute, the chair of the Public Utilities Commission shall make the final size determination.
History:
2014 c 254 s 18
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.05 — Local Review Of Applications.

216E.05 LOCAL REVIEW OF APPLICATIONS.
Subdivision 1.
Local review.
(a) Notwithstanding the requirements of sections 216E.03 and 216E.04, 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 commission. If the applicant files an application with the commission, 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 commission to assume jurisdiction and make a decision on a site or route permit under the applicable provisions of this chapter. A local unit of government must file the request with the commission 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 commission to assume jurisdiction, jurisdiction over the project transfers to the commission. If the local units of government maintain jurisdiction over the project, the commission 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;
(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; and
(7) energy storage systems.
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 commission that the applicant has elected to seek local approval of the proposed project.
History:
2001 c 212 art 7 s 15; 2005 c 97 art 3 s 19; 2023 c 60 art 12 s 56
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.06 — Emergency Permit.

216E.06 EMERGENCY PERMIT.
(a) Any utility whose electric power system requires the immediate construction of a large electric power facility due to a major unforeseen event may apply to the commission for an emergency permit. The application shall provide notice in writing of the major unforeseen event and the need for immediate construction. The permit must be issued in a timely manner, no later than 195 days after the commission's acceptance of the application and upon a finding by the commission that (1) a demonstrable emergency exists, (2) the emergency requires immediate construction, and (3) adherence to the procedures and time schedules specified in section 216E.03 would jeopardize the utility's electric power system or would jeopardize the utility's ability to meet the electric needs of its customers in an orderly and timely manner.
(b) A public hearing to determine if an emergency exists must be held within 90 days of the application. The commission, after notice and hearing, shall adopt rules specifying the criteria for emergency certification.
History:
2001 c 212 art 7 s 16; 2005 c 97 art 3 s 8; 2023 c 60 art 12 s 57
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.07 — Annual Hearing.

216E.07 ANNUAL HEARING.
The commission shall 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 electric power facilities. At the meeting, the commission shall advise the public of the permits issued by the commission in the past year. The commission shall provide at least ten days but no more than 45 days' notice of the annual meeting by mailing or serving electronically, as provided in section 216.17, a notice to those persons who have requested notice and by publication in the EQB Monitor and the commission's weekly calendar.
History:
1973 c 591 s 8; 1975 c 271 s 6; 1977 c 439 s 11; 1980 c 615 s 60; 1982 c 424 s 130; 1984 c 640 s 32; 2001 c 212 art 7 s 17; 2005 c 97 art 3 s 9; 2007 c 10 s 12; 2023 c 60 art 12 s 58
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.08 — Public Participation.

216E.08 PUBLIC PARTICIPATION.
Subdivision 1.
Advisory task force.
The commission may appoint one or more advisory task forces to assist it in carrying out its duties. Task forces appointed to evaluate sites or routes considered for designation shall be comprised of as many persons as may be designated by the commission, but at least one representative from each of the following: Regional development commissions, counties and municipal corporations and one town board member from each county in which a site or route is proposed to be located. No officer, agent, or employee of a utility shall serve on an advisory task force. Reimbursement for expenses incurred shall be made pursuant to the rules governing state employees. The task forces expire as provided in section 15.059, subdivision 6. At the time the task force is appointed, the commission shall specify the charge to the task force. The task force shall expire upon completion of its charge, upon designation by the commission of alternative sites or routes to be included in the environmental impact statement, or upon the specific date identified by the commission in the charge, whichever occurs first.
Subd. 2.
Other public participation.
The commission shall adopt broad spectrum citizen participation as a principal of operation. The form of public participation shall not be limited to public hearings and advisory task forces and shall be consistent with the commission's rules and guidelines as provided for in section 216E.16.
Subd. 3.
Public advisor.
The commission shall designate one staff person for the sole purpose of assisting and advising those affected and interested citizens on how to effectively participate in site or route proceedings.
Subd. 4.
Scientific advisory task force.
The commission may appoint one or more advisory task forces composed of technical and scientific experts to conduct research and make recommendations concerning generic issues such as health and safety, underground routes, double circuiting and long-range route and site planning. Reimbursement for expenses incurred shall be made pursuant to the rules governing reimbursement of state employees. The task forces expire as provided in section 15.059, subdivision 6. The time allowed for completion of a specific site or route procedure may not be extended to await the outcome of these generic investigations.
History:
1973 c 591 s 9; 1975 c 271 s 6; 1977 c 439 s 12,13; 1985 c 248 s 70; 1988 c 629 s 19-21; 2001 c 212 art 7 s 18,19; 2005 c 97 art 3 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.09 — Public Meetings; Transcripts; Written Records.

216E.09 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 commission shall also be subject to chapter 13D.
History:
1973 c 591 s 10; 1975 c 271 s 6; 2001 c 212 art 7 s 20; 2005 c 97 art 3 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.10 — Application To Local Regulation And Other State Permits.

216E.10 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 and use of such site or route locations for large electric power facility purposes shall be the sole site or route approval required to be obtained by the utility. Such permit shall supersede and preempt all zoning, building, or land use rules, regulations, or ordinances promulgated by regional, county, local and special purpose government.
Subd. 2.
Other state permits.
Notwithstanding anything herein to the contrary, utilities shall obtain state permits that may be required to construct and operate large electric power facilities. A state agency in processing a utility's facility permit application shall be bound to the decisions of the commission, with respect to the site or route designation, and with respect to other matters for which authority has been granted to the commission by this chapter.
Subd. 3.
State agency participation.
(a) State agencies authorized to issue permits required for construction or operation of large electric power facilities shall participate during routing and siting at public hearings and all other activities of the commission on specific site or route designations and design considerations of the commission, and shall clearly state whether the site or route being considered for designation or permit and other design matters under consideration for approval will be in compliance with state agency standards, rules, or policies.
(b) An applicant for a permit under this section or under chapter 216G shall notify the commissioner of agriculture if the proposed project will impact cultivated agricultural land, as that term is defined in section 216G.01, subdivision 4. The commissioner may participate and advise the commission as to whether to grant a permit for the project and the best options for mitigating adverse impacts to agricultural lands if the permit is granted. The Department of Agriculture shall be the lead agency on the development of any agricultural mitigation plan required for the project.
History:
1973 c 591 s 11; 1975 c 271 s 6; 1977 c 439 s 14,15; 1985 c 248 s 70; 2001 c 212 art 7 s 21,22; 2005 c 97 art 3 s 10,19; 2023 c 60 art 12 s 59
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.11 — Improvement Of Sites And Routes.

216E.11 IMPROVEMENT OF SITES AND ROUTES.
Utilities that have acquired 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 216E.10, subdivision 2, provided that if the construction and improvement has not commenced within four years after a permit for the site or route has been issued, then the utility must certify to the commission that the site or route continues to meet the conditions upon which the site or route permit was issued.
History:
1973 c 591 s 12; 1975 c 271 s 6; 1977 c 439 s 16; 2001 c 212 art 7 s 23; 2005 c 97 art 3 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.13 — Failure To Act.

216E.13 FAILURE TO ACT.
If the commission fails to act within the times specified in section 216E.03, 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.
History:
1973 c 591 s 14; 1975 c 271 s 6; 1977 c 439 s 19; 2001 c 212 art 7 s 24; 2005 c 97 art 3 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.14 — Revocation Or Suspension.

216E.14 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 utility has an opportunity to confront any witness and respond to any evidence against it and to present rebuttal or mitigating evidence upon a finding by the commission of:
(1) any false statement knowingly made in the application or in accompanying statements or studies required of the applicant, if a true statement would have warranted a change in the commission's findings;
(2) failure to comply with material conditions of the site certificate or construction permit, or failure to maintain health and safety standards; or
(3) any material violation of the provisions of this chapter, any rule promulgated pursuant thereto, or any order of the commission.
History:
1977 c 439 s 20; 1978 c 658 s 1; 2001 c 212 art 7 s 25; 2005 c 97 art 3 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.15 — Judicial Review.

216E.15 JUDICIAL REVIEW.
Any applicant, party or person aggrieved by the issuance of a site or route permit or emergency permit from the commission or a certification of continuing suitability filed by a utility with the commission or by a final order in accordance with any rules promulgated by the commission, may appeal to the court of appeals in accordance with chapter 14. The appeal shall be filed within 30 days after the publication in the State Register of notice of the issuance of the permit by the commission or certification filed with the commission or the filing of any final order by the commission.
History:
1973 c 591 s 15; 1975 c 271 s 6; 1977 c 439 s 21; 1980 c 509 s 28; 1982 c 424 s 130; 1983 c 247 s 54; 2001 c 212 art 7 s 26; 2005 c 97 art 3 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.16 — Rules.

216E.16 RULES.
The commission, in order to give effect to the purposes of this chapter, may adopt rules consistent with this chapter, including promulgation of site and route designation criteria, the description of the information to be furnished by the utilities, establishment of minimum guidelines for public participation in the development, revision, and enforcement of any rule, plan, or program established by the commission, procedures for the revocation or suspension of a site or route permit, and the procedure and timeliness for proposing alternative routes and sites. No rule adopted by the commission shall grant priority to state-owned wildlife management areas over agricultural lands in the designation of route avoidance areas. The provisions of chapter 14 shall apply to the appeal of rules adopted by the commission to the same extent as it applies to review of rules adopted by any other agency of state government.
The chief administrative law judge shall adopt procedural rules for public hearings relating to the site and route permit process. The rules shall attempt to maximize citizen participation in these processes consistent with the time limits for commission decision established in sections 216E.03, subdivision 10, and 216E.04, subdivision 7.
History:
1973 c 591 s 16; 1975 c 271 s 6; 1977 c 439 s 22; 1978 c 658 s 2; 1982 c 424 s 130; 1984 c 640 s 32; 2001 c 212 art 7 s 27; 2005 c 97 art 3 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216E — Electric Power Facility Permits › Section 216E.17 — Enforcement, Penalties.

216E.17 ENFORCEMENT, PENALTIES.
Subdivision 1.
Criminal penalty.
Any person who violates this chapter or any rule promulgated hereunder, or knowingly submits false information in any report required by this chapter is guilty of a misdemeanor for the first offense and a gross misdemeanor for the second and each subsequent offense. Each day of violation shall constitute a separate offense.
Subd. 2.
Enforcement.
The provisions of this chapter or any rules promulgated hereunder may be enforced by injunction, action to compel performance or other appropriate action in the district court of the county wherein the violation takes place. The attorney general shall bring any action under this subdivision upon the request of the commission.
Subd. 3.
Civil penalty.
When the court finds that any person has violated this chapter, any rule hereunder, knowingly submitted false information in any report required by this chapter, or has violated any court order issued under this chapter, the court may impose a civil penalty of not more than $10,000 for each violation. These penalties shall be paid to the general fund in the state treasury.
History:
1973 c 591 s 18; 1975 c 271 s 6; 1977 c 439 s 24; 2005 c 97 art 3 s 19
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216F — Wind Energy Conversion Systems › Section 216F.01 — Definitions.

216F.01 DEFINITIONS.
Subdivision 1.
Scope.
As used in this chapter, the terms defined in section 216E.01 and this section have the meanings given them, unless otherwise provided or indicated by the context or by this section.
Subd. 2.
Large wind energy conversion system or LWECS.
"Large wind energy conversion system" or "LWECS" means any combination of WECS with a combined nameplate capacity of 5,000 kilowatts or more.
Subd. 3.
Small wind energy conversion system or SWECS.
"Small wind energy conversion system" or "SWECS" means any combination of WECS with a combined nameplate capacity of less than 5,000 kilowatts.
Subd. 4.
Wind energy conversion system or WECS.
"Wind energy conversion system" or "WECS" means any device such as a wind charger, windmill, or wind turbine and associated facilities that converts wind energy to electrical energy.
History:
1995 c 203 s 1
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216F — Wind Energy Conversion Systems › Section 216F.011 — Size Determination.

216F.011 SIZE DETERMINATION.
(a) The total size of a combination of wind energy conversion systems for the purpose of determining what jurisdiction has siting authority under this chapter must be determined according to this section. The nameplate capacity of one wind energy conversion system must be combined with the nameplate capacity of any other wind energy conversion system that:
(1) is located within five miles of the wind energy conversion system;
(2) is constructed within the same 12-month period as the wind energy conversion system; and
(3) exhibits characteristics of being a single development, including, but not limited to, ownership structure, an umbrella sales arrangement, shared interconnection, revenue sharing arrangements, and common debt or equity financing.
(b) The commissioner shall provide forms and assistance for project developers to make a request for a size determination. Upon written request of a project developer, the commissioner of commerce shall provide a written size determination within 30 days of receipt of the request and of any information requested by the commissioner. In the case of a dispute, the chair of the Public Utilities Commission shall make the final size determination.
(c) An application to a county for a permit under this chapter for a wind energy conversion system is not complete without a size determination made under this section.
History:
2007 c 136 art 4 s 12
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216F — Wind Energy Conversion Systems › Section 216F.012 — Size Election.

216F.012 SIZE ELECTION.
(a) A wind energy conversion system of less than 25 megawatts of nameplate capacity as determined under section 216F.011 is a small wind energy conversion system if, by July 1, 2009, the owner so elects in writing and submits a completed application for zoning approval and the written election to the county or counties in which the project is proposed to be located. The owner must notify the Public Utilities Commission of the election at the time the owner submits the election to the county.
(b) Notwithstanding paragraph (a), a wind energy conversion system with a nameplate capacity exceeding five megawatts that is proposed to be located wholly or partially within a wind access buffer adjacent to state lands that are part of the outdoor recreation system, as enumerated in section 86A.05, is a large wind energy conversion system. The Department of Natural Resources shall negotiate in good faith with a system owner regarding siting and may support the system owner in seeking a variance from the system setback requirements if it determines that a variance is in the public interest.
History:
2008 c 296 art 1 s 18; 1Sp2021 c 4 art 8 s 25
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216F — Wind Energy Conversion Systems › Section 216F.02 — Exemptions.

216F.02 EXEMPTIONS.
(a) The requirements of chapter 216E do not apply to the siting of LWECS, except for sections 216E.01; 216E.03, subdivision 7; 216E.08; 216E.11; 216E.12; 216E.14; 216E.15; 216E.17; and 216E.18, subdivision 3, which do apply.
(b) Any person may construct an SWECS without complying with chapter 216E or this chapter.
(c) Nothing in this chapter shall preclude a local governmental unit from establishing requirements for the siting and construction of SWECS.
History:
1995 c 203 s 2
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216F — Wind Energy Conversion Systems › Section 216F.03 — Siting Of Lwecs.

216F.03 SITING OF LWECS.
The legislature declares it to be the policy of the state to site LWECS in an orderly manner compatible with environmental preservation, sustainable development, and the efficient use of resources.
History:
1995 c 203 s 3