1.1 	A bill for an act
1.2 	relating to energy; providing for exception to municipal approval for 
1.3 	hydroelectric facility;amending Minnesota Statutes 2010, section 103G.535, 
1.4 	subdivision 4.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2010, section 103G.535, subdivision 4, is amended to 
1.7 	read:
1.8 		Subd. 4.Municipality or town approval. (a) If the dam, dam site, or power 
1.9 	generation plant is located in or contiguous to a municipality or town, other than the lessor 
1.10 	political subdivision, the lease or agreement is not effective unless it is approved by the 
1.11 	governing body of the municipality or town.
1.12 	(b) If a pending or proposed hydroelectric facility meets the definition of an eligible 
1.13 	energy technology under section 216B.1691, subdivision 1, paragraph (a), clause (3), and 
1.14 	has been granted a license, or amended license, under the Federal Power Act, United States 
1.15 	Code, title 16, chapter 12, subchapter I, by the Federal Energy Regulatory Commission 
1.16 	for a facility located on land owned by or under control of a municipal board or political 
1.17 	subdivision of the state, the municipal board or political subdivision shall provide not later 
1.18 	than May 31, 2011, all permits, entitlements, authorizations, or consents of any kind 
1.19 	necessary for the development and operation of the facility. Municipal approval under 
1.20 	paragraph (a) is not required for projects meeting the requirements of this paragraph.
1.21 	(c) Neither the commissioner of revenue nor the commissioner of management 
1.22 	and budget shall release or disburse any funds or state aids to the Minneapolis Park and 
1.23 	Recreation Board until the board has approved all permits, entitlements, authorizations, or 
2.1 	consents of any kind necessary for the development and operation of the hydroelectric 
2.2 	facility with a Federal Energy Regulatory Commission license No. 11175.

2.3 	EFFECTIVE DATE. This section is effective the day following final enactment.