1.1.................... moves to amend H.F. No. 863, the delete everything amendment
1.2(A09-0329), as follows:
1.3Page 17, after line 30, insert:

1.4    "Sec. 19. Minnesota Statutes 2008, section 216F.01, subdivision 2, is amended to read:
1.5    Subd. 2. Large wind energy conversion system or LWECS. "Large wind energy
1.6conversion system" or "LWECS" means any combination of WECS with a combined
1.7nameplate capacity of 5,000 greater than 25,000 kilowatts or more.
1.8EFFECTIVE DATE.This section is effective the day following final enactment.

1.9    Sec. 20. Minnesota Statutes 2008, section 216F.01, subdivision 3, is amended to read:
1.10    Subd. 3. Small wind energy conversion system or SWECS. "Small wind energy
1.11conversion system" or "SWECS" means any combination of WECS with a combined
1.12nameplate capacity of less than 5,000 or equal to 25,000 kilowatts.
1.13EFFECTIVE DATE.This section is effective the day following final enactment.

1.14    Sec. 21. Minnesota Statutes 2008, section 216F.012, is amended to read:
1.15216F.012 SIZE ELECTION.
1.16    (a) A wind energy conversion system of less than 25 megawatts of nameplate
1.17capacity as determined under section 216F.011 is a small wind energy conversion system
1.18if, by July 1, 2009, the owner so elects in writing and submits a completed application for
1.19zoning approval and the written election to the county or counties in which the project is
1.20proposed to be located. The owner must notify the Public Utilities Commission of the
1.21election at the time the owner submits the election to the county.
1.22    (b) Notwithstanding paragraph (a), A wind energy conversion system with a
1.23nameplate capacity exceeding five megawatts that is proposed to be located wholly or
1.24partially within a wind access buffer adjacent to state lands that are part of the outdoor
1.25recreation system, as enumerated in section 86A.05, is a large wind energy conversion
2.1system. The Department of Natural Resources shall negotiate in good faith with a system
2.2owner regarding siting and may support the system owner in seeking a variance from the
2.3system setback requirements if it determines that a variance is in the public interest.
2.4    (c) The Public Utilities Commission shall issue an annual report to the chairs
2.5and ranking minority members of the house of representatives and senate committees
2.6with primary jurisdiction over energy policy and natural resource policy regarding any
2.7variances applied for and not granted for systems subject to paragraph (b).
2.8EFFECTIVE DATE.This section is effective July 1, 2009.

2.9    Sec. 22. Minnesota Statutes 2008, section 216F.02, is amended to read:
2.10216F.02 EXEMPTIONS.
2.11(a) The requirements of chapter 216E do not apply to the siting of LWECS a WECS
2.12with a combined nameplate greater than 5,000 kilowatts that applies to the commission for
2.13a site permit, except for sections 216E.01; 216E.03, subdivision 7; 216E.08; 216E.11;
2.14216E.12 ; 216E.14; 216E.15; 216E.17; and 216E.18, subdivision 3, which do apply.
2.15(b) Any person may construct an SWECS with a combined nameplate capacity less
2.16than or equal to 5,000 kilowatts without complying with chapter 216E or this chapter.
2.17(c) Nothing in this chapter shall preclude a local governmental unit from establishing
2.18requirements for the siting and construction of SWECS.
2.19EFFECTIVE DATE.This section is effective the day following final enactment.

2.20    Sec. 23. Minnesota Statutes 2008, section 216F.08, is amended to read:
2.22    (a) A county board may, by resolution and upon written notice to the Public Utilities
2.23Commission, assume responsibility for processing applications for permits required under
2.24this chapter for LWECS with a combined nameplate capacity of less than 25,000 kilowatts
2.25SWECS. The responsibility for permit application processing, if assumed by a county,
2.26may be delegated by the county board to an appropriate county officer or employee.
2.27Processing by A county shall be done process applications in accordance with procedures
2.28and processes established under chapter 394.
2.29    (b) A county board that exercises its option under paragraph (a) may issue, deny,
2.30modify, impose conditions upon, or revoke permits pursuant to this section. The action of
2.31the a county board about with respect to a permit application is final, subject to appeal as
2.32provided in section 394.27.
2.33    (c) The commission shall, by order, establish general permit standards, including
2.34appropriate property line set-backs, governing site permits for LWECS under this section
3.1and SWECS. The order must consider existing and historic commission standards for
3.2wind permits issued by the commission. The general permit standards shall may apply
3.3to permits issued by counties and shall apply to permits issued by the commission for
3.4LWECS with a combined nameplate capacity of less than 25,000 kilowatts and SWECS.
3.5The general permit standards must establish a setback for a SWECS from a road or
3.6property line equal to 1.1 times the maximum tip height of a rotor blade measured from
3.7ground level when the blade is in a vertical position. Counties are encouraged to consider
3.8an identical setback standard in permits they issue. The commission or a county may grant
3.9a variance from a general permit standard if the variance is found to be in the public
3.10interest. Permit standards established by a county under this section supersede general
3.11permit standards established by the commission.
3.12    (d) Upon request by a county, the commission and the commissioner of commerce
3.13shall provide technical assistance to a county with respect to the processing of LWECS
3.14SWECS site permit applications.
3.15EFFECTIVE DATE.This section is effective the day following final enactment."
3.16Renumber the sections in sequence and correct the internal references
3.17Amend the title accordingly