SB 625

This bill changes the procedures for obtaining permits from the Department of

Natural Resources (DNR) for utility facilities that undertake construction activities

affecting navigable waters. The bill also exempts certain utility projects from

requirements to obtain permits from DNR and from certain shoreland zoning

ordinances.

Procedures under current law

Under current law, with certain exceptions, a public utility may not begin

construction on a utility project unless the Public Service Commission (PSC) has

issued a certificate for the project. A public utility is a company or political

subdivision that produces or delivers heat, light, water, or power to or for the public.

Current law also prohibits any person, including a public utility, from constructing

a large electric generating facility or a high-voltage transmission line (electric

facility) without another type of certificate from the PSC. Current law also generally

requires a person, including a public utility or electric facility (utility), to obtain a

permit from DNR before engaging in an activity affecting navigable waters. Those

permits include permits for the placement of a structure in navigable waters, for the

construction or maintenance of a dam, or for activities affecting a wetland (DNR

permits). Generally, under current law, a person must submit an application to DNR

for each required permit. If the applicant is a utility that is required to obtain a

certificate from the PSC, however, the utility must submit a single application to

DNR requesting all of the DNR permits that the utility requires for a given project

affecting navigable waters (utility application) and must follow a different procedure

for obtaining these DNR permits (utility application procedure).

Under current law, a person proposing to submit a utility application to DNR

must first notify DNR of the intention to file that application. After DNR receives

the notice, DNR must confer with that person and, in cooperation with the PSC,

make certain assessments and analyses concerning the project. Once the utility

application is complete, DNR may schedule the matter for a public hearing. DNR

must grant or deny the application within 30 days of the date on which the PSC

issues its decision on the utility's application for a certificate.

Current law also specifies that as a part of the utility application procedure,

DNR must review the proposed utility project to assess whether the location, site, or

route is capable of meeting the criteria for obtaining the required DNR permits and

must provide this information to the PSC. DNR must also participate in PSC

investigations or proceedings relating to the application for a certificate for the

utility project. If the PSC issues the certificate for that utility project, after

considering DNR's participation in the PSC's proceedings and after considering

certain other factors, DNR may not require the applicant to make any further

analysis of project alternatives, except that DNR may identify adjustments that may

be required to address permitting issues within the location, site, or route for which