Legalectric

I’ve been hearing from a couple of sources lately that the 2024 Omnibus (Ominous) Bill took away local control over energy projects. See Section 3 [216I.03 SITING AUTHORITY] HERE!

NOT TRUE!!! That’s how it’s been since 1973, started as 116C, and in 2005 changed to 216E:

2023 – what it was before 2024 changes – https://www.revisor.mn.gov/statutes/2023/cite/216E.05 

1973 – 51 years prior to 2024: https://www.revisor.mn.gov/laws/1973/0/Session+Law/Chapter/591/pdf/#laws.0.3.0

First, the definition of what’s covered:

Then, statement of the siting authority — originally it was the EQB and that was changed in 2005 to the Public Utilities Commission.

Here’s the change of jurisdiction from EQB to Public Utilities Commission:

Note that “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.” This is why it’s important to participate in the Certificate of Need docket.

Local review IS allowed for “small” projects: 

Where APPLICANT requests of local gov’t and local gov’t agrees, beginning in 2001 — this also is nothing new:

2001 – https://www.revisor.mn.gov/statutes/2023/cite/216E.05 

2024 – https://www.revisor.mn.gov/statutes/cite/216I.08

Adding to hearing about it, just yesterday, I was told, emphatically, several times, that “our” State Senator Steve Drazkowski is saying that the 2024 Energy Omnibus Bill took authority away from local governments. Nope, nope, nope, that didn’t happen!

DID YOU REALLY SAY THAT, STEVE?

IT’S NOT TRUE!!!!

If anyone tries to tell you that the 2024 Energy Omnibus (Ominous) Bill took away local control over energy projects, be sure to correct them — it’s a problem having false information flying around!

I was also told that Drazkowski had authored a bill to “return” jurisdiction to local governments, but I cannot find it, will continue looking.

So… once more with feeling… SINCE 1973 – PUC jurisdiction over energy project is NOT new:

www.revisor.mn.gov/laws/1973/0/Session+Law/Chapter/591/pdf/#laws.0.3.0