Section 216E.001 — Citation.

216E.001 CITATION. This chapter shall be known as the “Minnesota Power Plant Siting Act.” History: 1973 c 591 s 1

Section 216E.01 — Definitions.

216E.01 DEFINITIONS. Subdivision 1. Applicability. As used in this chapter, the terms defined in this section have the meanings given them, unless otherwise provided or indicated by the context. Subd. 2. Commission. “Commission” means the Public Utilities Commission. Subd. 3. Construction. “Construction” means any clearing of land, excavation, or other action that would adversely affect […]

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 […]

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 […]

Section 216E.03 — Designating Sites And Routes.

216E.03 DESIGNATING SITES AND ROUTES. Subdivision 1. Site permit. No person may construct a large electric generating plant without a site permit from the commission. A large electric generating plant may be constructed only on a site approved by the commission. The commission must incorporate into one proceeding the route selection for a high-voltage transmission […]

Section 216E.04 — Alternative Review Of Applications.

216E.04 ALTERNATIVE REVIEW OF APPLICATIONS. Subdivision 1. Alternative review. An applicant who seeks a site permit or route permit for one of the projects identified in this section shall have the option of following the procedures in this section rather than the procedures in section 216E.03. The applicant shall notify the commission at the time […]

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 […]

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 generating plant or high-voltage transmission line 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 […]

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 of large electric generating power plants and routing of high-voltage transmission lines. At the meeting, the commission shall […]

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 […]

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 […]

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 […]

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 […]

Section 216E.12 — Eminent Domain Powers; Power Of Condemnation.

216E.12 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 […]

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; […]

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 […]

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 […]

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 […]

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 […]

Section 216E.18 — Biennial Report; Application Fees; Appropriation; Funding.

216E.18 BIENNIAL REPORT; APPLICATION FEES; APPROPRIATION; FUNDING. Subdivision 1. Biennial report. Before November 15 of each even-numbered year the commission shall prepare and submit to the legislature a report of its operations, activities, findings, and recommendations concerning this chapter. The report shall also contain information on the commission’s biennial expenditures, its proposed budget for the […]