.................... moves to amend H.F. No. 1440, the first engrossment, as follows:
Delete everything after the enacting clause and insert:
"Section 1. Minnesota Statutes 2010, section 103G.535, subdivision 4, is amended to
Subd. 4. Municipality or town approval. (a)
If the dam, dam site, or power
generation plant is located in or contiguous to a municipality or town, other than the lessor
political subdivision, the lease or agreement is not effective unless it is approved by the
governing body of the municipality or town.
1.9(b) A hydroelectric facility that (1) meets the definition of an eligible energy
1.10technology under section 216B.1691, subdivision 1, paragraph (a) clause (3), (2) is located
1.11in a city of the first class, and (3) has been granted a license or amended license by the
1.12Federal Energy Regulatory Commission under the Federal Power Act, United States
1.13Code, title 16, chapter 12, subchapter 1, does not require any permit, entitlement, license,
1.14easement, authorization, or consent of any kind from the city, a municipal board, or any
1.15other political subdivision and municipal or town approval under paragraph (a) is not
1.16required. Municipal land use rules, regulations, ordinances, authorizations, or consents do
1.17not apply to the hydroelectric facility. If the hydroelectric facility uses property owned by
1.18or under the control of a municipal board or political subdivision, that municipal board
1.19or political subdivision may impose a reasonable annual fee for use by the facility of the
1.20property. The fee must be based on the facility's annual energy production and not exceed
1.21four percent of the facility's annual gross revenue. The facility's gross revenue is subject
1.22to verification by the municipal board or political subdivision.
1.23EFFECTIVE DATE.This section is effective the day following final enactment.
Amend the title accordingly