1.1.................... moves to amend S. F. No. 4 as follows:
1.2Page 7, after line 19, insert:
1.3 "Sec. 2.
[561.20] NUISANCE LIABILITY OF WIND ENERGY CONVERSION
1.4SYSTEMS.
1.5 Subdivision 1. Definition. For the purposes of this section, "wind energy conversion
1.6system" has the meaning given in section 216C.06.
1.7 Subd. 2. Wind energy conversion system not a nuisance. (a) A wind energy
1.8conversion system is not and shall not become a private or public nuisance after two years
1.9from the date it begins generating electricity as a matter of law if the system:
1.10 (1) complies with the provisions of all applicable federal, state, or county laws,
1.11regulations, rules, and ordinances and any permits issued for it; and
1.12 (2) operates according to generally accepted practices.
1.13 (b) For a period of two years from the date it begins generating electricity, there is
1.14a rebuttable presumption that a wind energy conversion system in compliance with the
1.15requirements of paragraph (a), clauses (1) and (2), is not a public or private nuisance.
1.16 (c) The provisions of this subdivision do not apply:
1.17 (1) to any prosecution for the crime of public nuisance as provided in section
1.18609.74 or to an action by a public authority to abate a particular condition which is a
1.19public nuisance; or
1.20 (2) to any enforcement action brought by a local unit of government related to
1.21zoning under chapter 394 or 462.
1.22 Subd. 3. Existing contracts. This section shall not be construed to invalidate any
1.23contracts or commitments made before the effective date of this section.
1.24 Subd. 4. Severability. If a provision of this section, or application thereof to any
1.25person or set of circumstances, is held invalid or unconstitutional, the invalidity shall not
1.26affect other provisions or applications of this section which can be given effect without the
2.1invalid provision or application. To that end, the provisions of this section are declared to
2.2be severable.
2.3EFFECTIVE DATE.This section is effective the day following final enactment."
2.4Renumber the sections in sequence and correct the internal references
2.5Amend the title accordingly