Minnesota Legislature
HF 2883
as introduced - 88th Legislature (2013 - 2014) Posted on 03/10/2014 01:10pm
Bill Text Versions
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| Introduction | Posted on 03/10/2014 |
Current Version - as introduced
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3.1
A bill for an act
relating to energy; modifying provisions regarding power plant carbon dioxide
emissions; amending Minnesota Statutes 2012, section 216H.03, subdivisions 2,
3, 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 216H.03, subdivision 2, is amended to read:
Subd. 2.
Definition; statewide power sector carbon dioxide emissions.
For the
purpose of this section, "statewide power sector carbon dioxide emissions" means the total
annual emissions of carbon dioxide from the generation of electricity within the state and
all emissions of carbon dioxide from the generation of electricity deleted text begin imported fromdeleted text end outside
the state deleted text begin and consumed indeleted text end new text begin that is procured by a retail supplier of electricity for distribution
and sale tonew text end Minnesotanew text begin retail customersnew text end . Emissions of carbon dioxide associated with
transmission and distribution line losses are included in this definition. Carbon dioxide that
is injected into geological formations to prevent its release to the atmosphere in compliance
with applicable laws, and emissions of carbon dioxide associated with the combustion of
biomass, as defined in section 216B.2411, subdivision 2, paragraph (c), clauses (1) to (4),
are not counted as contributing to statewide power sector carbon dioxide emissions.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 2.
Minnesota Statutes 2012, section 216H.03, subdivision 3, is amended to read:
Subd. 3.
Long-term increased emissions from power plants prohibited.
Unless
preempted by federal law, until a comprehensive and enforceable state law or rule
pertaining to greenhouse gases that directly limits and substantially reduces, over time,
statewide power sector carbon dioxide emissions is enacted and in effect, and except as
allowed in subdivisions 4 to 7, on and after August 1, 2009, no person shall:
(1) construct within the state a new large energy facility that would contribute to
statewide power sector carbon dioxide emissions;
(2) deleted text begin import or commit to import from outside the statedeleted text end new text begin sellnew text end powernew text begin , other than through
tariffed energy purchases from a regional transmission organization, to Minnesota retail
customersnew text end from a new large energy facility that would contribute to statewide power
sector carbon dioxide emissions; or
(3) enter into a new long-term power purchase agreement that would increase
statewide power sector carbon dioxide emissions. For purposes of this section, a long-term
power purchase agreement means an agreement to purchase 50 megawatts of capacity
or more for a term exceeding five years.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 3.
Minnesota Statutes 2012, section 216H.03, subdivision 4, is amended to read:
Subd. 4.
Exception for facilities that offset emissions.
(a) The prohibitions in
subdivision 3 do not apply if the project proponent new text begin or retail supplier of electricity to
Minnesota retail customers new text end demonstrates to the Public Utilities Commission's satisfaction
that it will offset the new contribution to statewide power sector carbon dioxide emissions
with a carbon dioxide reduction project identified in paragraph (b) and in compliance
with paragraph (c).
(b) A project proponent new text begin or retail supplier of electricity to Minnesota retail customers
new text end may offset in an amount equal to or greater than the proposed new contribution to
statewide power sector carbon dioxide emissions in either, or a combination of both, of
the following ways:
(1) by reducing an existing facility's contribution to statewide power sector carbon
dioxide emissions; or
(2) by purchasing carbon dioxide allowances from a state or group of states that has a
carbon dioxide cap and trade system in place that produces verifiable emissions reductions.
(c) The Public Utilities Commission shall not find that a proposed carbon dioxide
reduction project identified in paragraph (b)new text begin , clause (1),new text end acceptably offsets a new
contribution to statewide power sector carbon dioxide emissions unless the proposed
offsets are permanent, quantifiable, verifiable, enforceable, and would not have otherwise
occurred. This section does not exempt emissions that have been offset under this
subdivision and emissions exempted under subdivisions 5 to 7 from a cap and trade
system if adopted by the state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end