Starting July 1, 2025, all energy facility applications in Minnesota for siting, routing, and need must comply with Minnesota’s Energy Infrastructure Permitting Act (the Permitting Act). Under the new framework, the Minnesota Public Utilities Commission (PUC) will oversee the permitting process for energy infrastructure projects from the preapplication stage to final permit approval or denial. The PUC published guidance materials and instructional videos on its website to help applicants and stakeholders understand these permitting reforms.
What Types of Energy Projects are Affected by the New Law?
- Energy storage systems with a capacity of 10 MW or greater
- Solar facilities with a capacity of 50 MW or greater
- Wind facilities with a capacity of 5 MW or greater (unless the local county permits wind facilities up to 25 MW)
- Power plants with a capacity of 50 MW or greater
- Intrastate pipelines transporting hazardous liquids
- High-voltage transmission lines unless exempt
How Does the Permitting Act Change the Process for Carbon-Free Facilities and Transmission?
The Permitting Act streamlines the permitting process, making it easier for applicants and affected communities. It consolidates staff from the Department of Commerce’s Energy Environmental Review and Analysis (EERA) unit and the PUC’s Energy Facilities Permitting unit into a single team under the authority of the PUC—renamed the Energy Infrastructure Permitting (EIP) Unit. Public hearings and comment periods will continue to provide the public with ample opportunities to participate throughout the process.
One of the biggest shifts is the creation of a unified permitting process for solar, wind, energy storage, and transmission infrastructure. The Permitting Act also exempts wind, solar, and storage facilities, along with transmission feeder lines interconnecting these facilities, from the certificate of need requirement. Certain qualifying high-voltage transmission lines are also exempt from certificate of need requirements. Applicants proposing a high-voltage transmission line are only required to propose a single route under the new law.
What Are the New Review Categories?
The Permitting Act consolidates review into two categories: Standard Review and Major Review. Most projects will go through the Standard Review, which is a six-month process and will require an environmental assessment (EA). Under the Standard Review, applicants are required to prepare their own EA for review by EIP staff in their application. Larger, more complex projects that do not qualify for the Standard Review will go through the Major Review process, which is a twelve-month process and will require an environmental impact statement (EIS) prepared by the PUC. The PUC may extend its timeline to make a final decision up to three months regardless of the review category.
What Are Applicants Required to Do Before Applying?
Prior to filing an application, applicants are required to consult with federal, state, local, and Tribal governments. Draft application guidance can be found on the PUC’s website, along with an application completeness checklist, application map requirements, and decommissioning plan guidance for solar, wind, and storage facilities.
Tribal engagement guidance is forthcoming and expected to be added on July 1.
Where Can I Learn More?
The Permitting Act can be found in the Minnesota Statutes chapter 216I. Starting July 1, more information and ongoing updates can be found at mn.gov/puc/eip. This site will house all official permitting documents, guidance, timelines, and forms necessary for compliance.
