Certificate of need requirement for large energy facilities has a new exemption

Any utility applying to site or construct a large energy facility in Minnesota must apply to the Public Utilities Commission and present a “determination of need” that shows that demand for electricity cannot be met more cost effectively through energy conservation and load-management measures.

But there are several exemptions to the requirement available, and a new law adds another.

It allows utilities to bypass the certificate of need process if upgrading or rebuilding 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. The exemption is available provided that at least 80% of the length of the upgrade or rebuilt high-voltage transmission line in Minnesota is located along an existing electric line right-of-way.

Sponsored by Rep. Athena Hollins (DFL-St. Paul) and Sen. Nick Frentz (DFL-North Mankato), the law took effect April 22, 2026, and applies to any applicable project for which upgrading or rebuilding has begun on or after that date.

HF3802*/SF3760/CH47

HF3802* / SF3760 / CH47