§ 140 — Applicability related to siting major renewable energy facilities

* § 140. Applicability related to siting major renewable energy\nfacilities. 1. No person shall commence the preparation of a site for,\nor begin the construction of, a major renewable energy facility in the\nstate, or increase the capacity of an existing major renewable energy\nfacility, without having first obtained a major renewable energy\nfacility siting permit pursuant to this article. Any major renewable\nenergy facility subject to this article with respect to which a siting\npermit is issued shall not thereafter be built, maintained, or operated\nexcept in conformity with such major renewable energy facility siting\npermit and any terms, limitations, or conditions contained therein,\nprovided that nothing in this subdivision shall exempt such facility\nfrom compliance with federal laws and regulations.\n 2. A major renewable energy facility siting permit issued by ORES may\nbe transferred or assigned, subject to the prior written approval of the\noffice of renewable energy siting and electric transmissions, to a\nperson that agrees to comply with the terms, limitations and conditions\ncontained in such major renewable energy facility siting permit.\n 3. ORES or a permittee may initiate an amendment to a major renewable\nenergy facility siting permit under this section. An amendment initiated\nby ORES or a permittee that is likely to result in any material increase\nin any adverse environmental impact or involves a substantial change to\nthe terms or conditions of a major renewable energy facility siting\npermit shall comply with the public notice and hearing requirements of\nthis section.\n 4. Any hearings or dispute resolution proceedings initiated under this\narticle or pursuant to rules or regulations promulgated pursuant to this\nsection may be conducted by the executive director of ORES or any person\nto whom the executive director shall delegate the power and authority to\nconduct such hearings or proceedings in the name of ORES at any time and\nplace.\n 5. This section shall not apply:\n (a) to normal repairs, maintenance, replacements, non-material\nmodifications and improvements of a major renewable energy facility\nsubject to this article, whenever built, which are performed in the\nordinary course of business and which do not constitute a violation of\nany applicable existing permit; and\n (b) to a major renewable energy facility if, on or before the\neffective date of this article, an application has been made or granted\nfor a license, permit, certificate, consent or approval from any\nfederal, state or local commission, agency, board or regulatory body.\n * NB Repealed December 31, 2040\n