1.2relating to energy; utilities; providing an exception to certificate of need
1.3requirements for certain electric generation facilities;amending Minnesota
1.4Statutes 2012, section 216B.243, subdivision 8.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 216B.243, subdivision 8, is amended to
1.7read:
1.8    Subd. 8. Exemptions. This section does not apply to:
1.9(1) cogeneration or small power production facilities as defined in the Federal Power
1.10Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and
1.11paragraph (18), subparagraph (A), and having a combined capacity at a single site of less
1.12than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or
1.13any case where the commission has determined after being advised by the attorney general
1.14that its application has been preempted by federal law;
1.15(2) a high-voltage transmission line proposed primarily to distribute electricity to
1.16serve the demand of a single customer at a single location, unless the applicant opts to
1.17request that the commission determine need under this section or section 216B.2425;
1.18(3) the upgrade to a higher voltage of an existing transmission line that serves the
1.19demand of a single customer that primarily uses existing rights-of-way, unless the applicant
1.20opts to request that the commission determine need under this section or section 216B.2425;
1.21(4) a high-voltage transmission line of one mile or less required to connect a new or
1.22upgraded substation to an existing, new, or upgraded high-voltage transmission line;
1.23(5) conversion of the fuel source of an existing electric generating plant to using
1.24natural gas; or
2.1(6) the modification of an existing electric generating plant to increase efficiency,
2.2as long as the capacity of the plant is not increased more than ten percent or more than
2.3100 megawatts, whichever is greater.; or
2.4(7) a wind energy conversion system or solar electric generation facility if the system
2.5or facility is owned and operated by an independent power producer and the electric output
2.6of the system or facility is not sold to an entity that provides retail service in Minnesota
2.7or wholesale electric service to another entity in Minnesota other than an entity that is a
2.8federally recognized regional transmission organization or independent system operator.
2.9EFFECTIVE DATE.This section is effective the day following final enactment.