* § 140. Applicability related to siting major renewable energy
facilities. 1. No person shall commence the preparation of a site for,
or begin the construction of, a major renewable energy facility in the
state, or increase the capacity of an existing major renewable energy
facility, without having first obtained a major renewable energy
facility siting permit pursuant to this article. Any major renewable
energy facility subject to this article with respect to which a siting
permit is issued shall not thereafter be built, maintained, or operated
except in conformity with such major renewable energy facility siting
permit and any terms, limitations, or conditions contained therein,
provided that nothing in this subdivision shall exempt such facility
from compliance with federal laws and regulations.

2. A major renewable energy facility siting permit issued by ORES may
be transferred or assigned, subject to the prior written approval of the
office of renewable energy siting and electric transmissions, to a
person that agrees to comply with the terms, limitations and conditions
contained in such major renewable energy facility siting permit.

3. ORES or a permittee may initiate an amendment to a major renewable
energy facility siting permit under this section. An amendment initiated
by ORES or a permittee that is likely to result in any material increase
in any adverse environmental impact or involves a substantial change to
the terms or conditions of a major renewable energy facility siting
permit shall comply with the public notice and hearing requirements of
this section.

4. Any hearings or dispute resolution proceedings initiated under this
article or pursuant to rules or regulations promulgated pursuant to this
section may be conducted by the executive director of ORES or any person
to whom the executive director shall delegate the power and authority to
conduct such hearings or proceedings in the name of ORES at any time and
place.

5. This section shall not apply:

(a) to normal repairs, maintenance, replacements, non-material
modifications and improvements of a major renewable energy facility
subject to this article, whenever built, which are performed in the
ordinary course of business and which do not constitute a violation of
any applicable existing permit; and

(b) to a major renewable energy facility if, on or before the
effective date of this article, an application has been made or granted
for a license, permit, certificate, consent or approval from any
federal, state or local commission, agency, board or regulatory body.

* NB Repealed December 31, 2040