Exemptions to the certificate of need requirement amended.

A bill for an act

relating to energy; amending the exemptions to the certificate of need requirement;

amending Minnesota Statutes 2024, section 216B.243, subdivision 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 216B.243, subdivision 8, is amended to read:

Subd. 8.

Exemptions.

(a) This section does not apply to:

(1) cogeneration or small power production facilities as defined in the Federal Power

Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and

paragraph (18), subparagraph (A), and having a combined capacity at a single site of less

than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or

any case where the commission has determined after being advised by the attorney general

that its application has been preempted by federal law;

(2) a high-voltage transmission line proposed primarily to distribute electricity to serve

the demand of a single customer at a single location, unless the applicant opts to request

that the commission determine need under this section or section
216B.2425
;

(3) the upgrade to a higher voltage of an existing transmission line that serves the demand

of a single customer that primarily uses existing rights-of-way, unless the applicant opts to

request that the commission determine need under this section or section
216B.2425
;

(4) a high-voltage transmission line of one mile or less required to connect a new or

upgraded substation to an existing, new, or upgraded high-voltage transmission line;

(5) conversion of the fuel source of an existing electric generating plant to using natural

gas;

(6) the modification of an existing electric generating plant to increase efficiency, as

long as the capacity of the plant is not increased more than ten percent or more than 100

megawatts, whichever is greater;

(7) a large wind energy conversion system, as defined in section
216I.02, subdivision

12
, or a solar energy generating system, as defined in section
216I.02, subdivision 18
, for

which a site permit application is submitted by an independent power producer under chapter

216I;

(8) a large wind energy conversion system, as defined in section
216I.02, subdivision

12
, or a solar energy generating system, as defined in section
216I.02, subdivision 18
,

engaging in a repowering project that:

(i) will not result in the system exceeding the nameplate capacity under its most recent

interconnection agreement; or

(ii) will result in the system exceeding the nameplate capacity under its most recent

interconnection agreement, provided that the Midcontinent Independent System Operator

has provided a signed generator interconnection agreement that reflects the expected net

power increase;

(9) energy storage systems, as defined in section
216I.02, subdivision 6
;

(10) transmission lines that directly interconnect large wind energy conversion systems,

solar energy generating systems, or energy storage systems to the transmission system;
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or
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(11) relocation of an existing
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high voltage
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high-voltage
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transmission line to new

right-of-way, provided that any new structures that are installed are not designed for and

capable of operation at higher voltage
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; or
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(12) an upgrade or rebuilding of an existing electric line and associated facilities with

a capacity of less than 100 kilovolts to a high-voltage transmission line with a capacity of

115 kilovolts, provided that at least 80 percent of the length of the upgraded or rebuilt

high-voltage transmission line in Minnesota is located along an existing electric line

right-of-way
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.

(b) For the purpose of this subdivision, "repowering project" means:

(1) modifying a large wind energy conversion system or a solar energy generating system

that is a large energy facility to increase its efficiency without increasing its nameplate

capacity;

(2) replacing turbines in a large wind energy conversion system without increasing the

nameplate capacity of the system; or

(3) increasing the nameplate capacity of a large wind energy conversion system.

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EFFECTIVE DATE.

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This section is effective the day following final enactment and

applies to any applicable project for which upgrading or rebuilding has begun on or after

that date.

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