Minnesota Legislature
HF 4975
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 04/29/2024 11:15am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/14/2024 | |
| 1st Engrossment | Posted on 04/29/2024 |
Current Version - 1st Engrossment
2.10 2.11
2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26
2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 3.1 3.2 3.3 3.4 3.5 3.6 3.7
3.8 3.9 3.10 3.11
3.12 3.13 3.14 3.15 3.16
3.17 3.18 3.20 3.19 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.13 5.12 5.14 5.15 5.16 5.17 5.18 5.19
5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 6.1 6.2 6.3
6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19
6.20
6.21 6.22
6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7
8.8 8.9 8.10 8.11 8.12 8.13 8.14
8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31
9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5
10.6 10.7
10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.19 10.18 10.21 10.20 10.23 10.22 10.24 10.26 10.25 10.28 10.27 10.30 10.29 10.31 10.32 10.33
10.34
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19
11.20 11.21
11.22 11.23 11.24 11.25 11.26 11.27 11.28
11.29 11.30
12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 16.1 16.2 16.3
16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1 20.2 20.3
20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 21.33 21.34
22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 22.31 22.32 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 24.32 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30
27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 28.1 28.2
28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15
31.16 31.17 31.18 31.19 31.20 31.21 31.22
31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28
33.29 33.30 33.31 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17
36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 37.1 37.2
37.3 37.4 37.5 37.6 37.7 37.8 37.9
37.10 37.11 37.12 37.13
37.14 37.15
37.16 37.17 37.19 37.18 37.20 37.21 37.23 37.22 37.24 37.25 37.26 37.27 37.28 37.29 37.30 38.2 38.1 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 38.35 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 39.33 39.34 39.35 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 40.33 40.34 40.35 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9 43.10 43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 46.33 46.34 46.35 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 48.35 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 49.36 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 50.36 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 52.34 52.35 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 53.35 53.36 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 55.32 55.33 55.34 55.35 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 56.32 56.33 56.34 56.35 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 57.34 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 58.31 58.32 58.33 58.34 58.35 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 59.32 59.33 59.34 59.35 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 60.31 60.32 60.33 60.34 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 61.34 61.35 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 62.33 62.34 62.35 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 63.30 63.31 63.32 63.33 63.34 63.35 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 64.31 64.32 64.33 64.34 64.35 65.1 65.2 65.3 65.4 65.5 65.6 65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 65.33 65.34 66.1 66.2 66.3 66.4 66.5 66.6 66.7 66.8 66.9
66.10
66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 67.1 67.2 67.3
67.4
67.5 67.6
67.7 67.8 67.9 67.10 67.11 67.12 67.13 67.14 67.15 67.16
67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 68.1 68.2 68.3 68.4 68.5
68.6 68.7 68.8 68.9 68.10 68.11 68.12
68.13 68.14 68.15 68.16 68.17 68.18 68.19
68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 69.1 69.2
69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13
69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12
70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29
71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21
71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 72.1 72.2 72.3 72.4 72.5 72.6
72.7 72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30
72.31 72.32 72.33 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17
73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29 73.30 73.31
74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23
74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 75.1 75.2 75.3
75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17
75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 76.1 76.2 76.3
76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 77.1 77.2
77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 78.1 78.2 78.3 78.4
78.5 78.6 78.7 78.8 78.9 78.10 78.11
78.12 78.13
78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26
78.27 78.28 78.29 79.1 79.2 79.3 79.4 79.5 79.6 79.7
79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12
80.13 80.14 80.15 80.16 80.17 80.18 80.19
80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 81.1 81.2 81.3 81.4 81.5
81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15
81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15
82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 83.1 83.2 83.3 83.4
83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15
83.16 83.17 83.18 83.19 83.20
83.21 83.22 83.23 83.24
83.25 83.26 83.27 83.28 83.29 83.30
84.1 84.2 84.3 84.4
84.5 84.6 84.7 84.8
84.9 84.10 84.11 84.12 84.13
84.14 84.15 84.16 84.17 84.18
84.19 84.20 84.21 84.22 84.23
84.24 84.25 84.26
84.27 84.28 84.29 85.1 85.2 85.3 85.4
85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 86.1 86.2
86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20
86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9
87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 88.1 88.2 88.3
88.4
88.5 88.6
88.7 88.8
88.9 88.10
88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 89.1 89.2 89.3 89.4 89.5 89.6 89.7 89.8 89.9 89.10 89.11
89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20
89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28 89.29 89.30 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8 90.9
90.10 90.11 90.12 90.13 90.14 90.15 90.16 90.17
90.18 90.19
90.20 90.21 90.22 90.23 90.24 90.25 90.26 90.27 90.28 90.29 90.30 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13
91.14 91.15 91.16 91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 91.32 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20 92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 93.1 93.2 93.3 93.4 93.5 93.6
93.7
93.8 93.9 93.10 93.11 93.12 93.13 93.14 93.15 93.16 93.17 93.18 93.19 93.20 93.21 93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 93.33 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9 94.10 94.11 94.12 94.13 94.14 94.15
94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 95.1 95.2 95.3 95.4 95.5 95.6 95.7 95.8 95.9
95.10 95.11 95.12 95.13 95.14 95.15
95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23
95.24 95.25 95.26 95.27 95.28 95.29
96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8
96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21
96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 97.1 97.2 97.3 97.4
97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 98.1 98.2 98.3 98.4 98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27
98.28 98.29 98.30
99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8
99.9 99.10 99.11 99.12
99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20
99.21 99.22 99.23 99.24
99.25 99.26 99.27 99.28 99.29 99.30 99.31 100.1 100.2 100.3 100.4 100.5 100.6
100.7 100.8 100.9 100.10
100.11 100.12
100.13 100.14 100.15 100.16 100.17
100.18
100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27
100.28 100.29
100.30 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9
101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 101.31 101.32 101.33 101.34 101.35 101.36 102.1 102.2
102.3 102.4 102.5 102.6 102.7 102.8 102.9 102.10 102.11 102.12 102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31
102.32 102.33
102.34 103.1 103.2 103.3 103.4 103.5 103.6 103.7 103.8 103.9 103.10 103.11 103.12 103.13
103.14 103.15 103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 103.33 103.34 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13
104.14 104.15
104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 105.31 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 107.1 107.2 107.3 107.4 107.5 107.6 107.7
107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17
107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 109.1 109.2 109.3
109.4
109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17
110.18
110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13
111.14 111.15
111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 112.1 112.2 112.3 112.4 112.5
112.6 112.7 112.8
112.9 112.10 112.11
112.12
112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11
113.12
113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17
114.18
114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30
115.31 115.32
116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20
117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 118.1 118.2 118.3 118.4 118.5
118.6
118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22 118.23 118.24
118.25 118.26 118.27
119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 120.1 120.2 120.3 120.4 120.5 120.6 120.7 120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8 121.9 121.10 121.11 121.12 121.13 121.14 121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 121.31 121.32 121.33 121.34 121.35 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19 122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 122.34 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 125.1 125.2 125.3 125.4 125.5 125.6 125.7 125.8 125.9 125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 125.31 125.32 125.33 125.34 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9 126.10 126.11 126.12
126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25 126.26 126.27 126.28 126.29 126.30 127.1 127.2 127.3 127.4 127.5 127.6
127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 129.1 129.2 129.3 129.4 129.5 129.6
129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31 130.32 130.33 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 131.32 131.33 131.34 132.1 132.2
132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12
134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27
135.28 135.29 135.30 135.31 135.32 136.1 136.2 136.3 136.4 136.5 136.6 136.7 136.8
136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25
136.26 136.27
137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11 137.12 137.13 137.14 137.15 137.16 137.17 137.18 137.19
137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28
137.29 137.30 137.31 137.32 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 138.33 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 140.1 140.2
140.3
140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18
140.19 140.20 140.21 140.22 140.23
140.24 140.25
140.26 140.27
140.28 140.29 140.30 140.31 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 141.32 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16 142.17 142.18 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30
143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 145.1 145.2 145.3 145.4 145.5 145.6
145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28
146.29
146.30 146.31 146.32 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 148.1 148.2 148.3 148.4
148.5 148.6
148.7 148.8
148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 153.1 153.2
153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 154.1 154.2 154.3 154.4 154.5 154.6
154.7 154.8 154.9 154.10 154.11
154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29
155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29
156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31 156.32 157.1 157.2 157.3 157.4 157.5
157.6 157.7 157.8 157.9 157.10 157.11 157.12 157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27 157.28 157.29 157.30 157.31 157.32 157.33 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15 158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26
159.27 159.28 159.29 159.30 159.31 159.32 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 160.33 160.34 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 161.34 161.35
162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13 162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27
162.28 162.29 162.30 162.31 162.32 162.33 163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26 163.27 163.28 163.29 163.30 163.31 163.32 163.33 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11 164.12 164.13
164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 164.33 164.34 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 165.33 165.34 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16
166.17 166.18 166.19 166.20 166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 166.34 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26 167.27 167.28 167.29
167.30 167.31 167.32 167.33 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28
168.29 168.30 168.31 168.32 168.33 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14
169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25 169.26 169.27 169.28 169.29 169.30 169.31 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22 170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32
171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15 171.16 171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 172.1 172.2 172.3 172.4 172.5
172.6 172.7 172.8 172.9 172.10 172.11 172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32 173.33 174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17 174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 175.1 175.2 175.3 175.4 175.5 175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13
175.14
175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 175.31 175.32 176.1 176.2 176.3 176.4
176.5 176.6 176.7 176.8
176.9 176.10 176.11 176.12 176.13
176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22
176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 177.1 177.2
177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12
177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25
177.26 177.27 177.28 177.29 177.30 178.1 178.2 178.3
178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11
178.12 178.13 178.14 178.15 178.16 178.17 178.18 178.19
178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27
179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28
180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 180.31 180.32 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8
181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23
181.24 181.25 181.26 181.27 181.28 181.29 181.30 182.1 182.2 182.3 182.4
182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18
182.19 182.20 182.21 182.22 182.23
A bill for an act
relating to state government operations and finance; modifying fees assessed by
the Department of Commerce; modifying appropriations to the Office of Cannabis
Management; modifying provisions governing cannabis and health responsibilities;
modifying insurance assessments and fees; giving various rights to consumers
regarding personal data; placing obligations on certain businesses regarding
consumer data; providing for enforcement by the attorney general; state
government; authorizing supplemental agriculture appropriations; modifying
appropriations; providing broadband appropriation transfer authority; making
policy and technical changes to agriculture provisions; establishing and modifying
agriculture programs; requiring an application for federal broadband aid;
establishing a supplemental budget for energy, transmission, and renewable energy
purposes; adding and modifying provisions governing geothermal energy, electric
transmission, solar energy, and other energy policy; establishing programs;
requiring reports; appropriating money; making technical changes; amending
Minnesota Statutes 2022, sections 3.7371, subdivisions 2, 3, by adding subdivisions;
17.133, subdivision 1; 18B.01, by adding a subdivision; 18B.26, subdivision 6;
18B.28, by adding a subdivision; 18B.305, subdivision 2; 18B.32, subdivisions 1,
3, 4, 5; 18B.33, subdivisions 1, 5, 6; 18B.34, subdivisions 1, 4; 18B.35, subdivision
1; 18B.36, subdivisions 1, 2; 18B.37, subdivisions 2, 3; 18C.005, subdivision 33,
by adding subdivisions; 18C.115, subdivision 2; 18C.215, subdivision 1; 18C.221;
18C.70, subdivision 5; 18C.71, subdivision 4; 18C.80, subdivision 2; 18D.301,
subdivision 1; 28A.10; 28A.21, subdivision 6; 31.74; 31.94; 32D.30; 41B.039,
subdivision 2; 41B.04, subdivision 8; 41B.042, subdivision 4; 41B.043, subdivision
1b; 41B.045, subdivision 2; 41B.047, subdivision 1; 45.0135, subdivision 7;
62Q.73, subdivision 3; 116J.396, by adding a subdivision; 216B.16, subdivisions
6c, 7b; 216B.2402, subdivisions 4, 10, by adding a subdivision; 216B.2403,
subdivisions 2, 3, 5, 8; 216B.241, subdivisions 1c, 2, 11, 12; 216B.2421,
subdivision 2; 216B.2425, subdivisions 1, 2, by adding a subdivision; 216B.2427,
subdivision 1, by adding a subdivision; 216B.243, subdivisions 3, 9; 216B.246,
subdivision 3; 216C.10; 216C.435, subdivisions 3a, 3b, 4, 10, by adding
subdivisions; 216C.436, subdivisions 1, 4, 7, 8, 10; 216E.03, as amended; 216E.04,
as amended; 216F.02; 223.17, subdivision 6; 232.21, subdivisions 3, 7, 11, 12,
13; Minnesota Statutes 2023 Supplement, sections 17.055, subdivision 3; 17.133,
subdivision 3; 17.134, by adding a subdivision; 18C.421, subdivision 1; 18C.425,
subdivision 6; 18K.06; 41A.19; 116C.779, subdivision 1; 144.197; 216B.243,
subdivision 8; 216C.08; 216C.09; 216C.331, subdivision 1; 216C.435, subdivision
8; 216C.436, subdivisions 1b, 2; 216E.10, subdivision 3; 342.15, by adding a
subdivision; 342.72; Laws 2023, chapter 43, article 1, sections 2; 4; Laws 2023,
chapter 63, article 9, sections 10; 19; 20; proposing coding for new law in
Minnesota Statutes, chapters 13; 18B; 18C; 216C; 216E; proposing coding for
new law as Minnesota Statutes, chapter 325O; repealing Minnesota Statutes 2022,
sections 3.7371, subdivision 7; 34.07; 216E.08, subdivisions 1, 4; 216F.01,
subdivision 1; 216F.012; 216F.015; 216F.03; Minnesota Statutes 2023 Supplement,
section 216F.04; Minnesota Rules, parts 1506.0010; 1506.0015; 1506.0020;
1506.0025; 1506.0030; 1506.0035; 1506.0040; 7850.2400; 7850.3600.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2023, chapter 63, article 9, to the
agencies and for the purposes specified in this article. The appropriations are from the
general fund, or another named fund, and are available for the fiscal years indicated for
each purpose. The figures "2024" and "2025" used in this article mean that the addition to
or subtraction from the appropriation listed under them is available for the fiscal year ending
June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The
second year" is fiscal year 2025. Supplemental appropriations and reductions to
appropriations for the fiscal year ending June 30, 2024, are effective the day following final
enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin OFFICE OF CANNABIS
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
2,727,000 new text end |
||
new text begin
(a) Enforcement of Temporary Regulations
new text end
new text begin
$1,107,000 in fiscal year 2025 is for regulation
of products subject to the requirements of
Minnesota Statutes, section 151.72. This is a
onetime appropriation.
new text end
new text begin
(b) Product Testing
new text end
new text begin
$771,000 in fiscal year 2025 is for testing
products regulated under Minnesota Statutes,
section 151.72, and chapter 342. The base for
this appropriation is $690,000 in fiscal year
2026 and each year thereafter.
new text end
new text begin
(c) Reference Laboratory
new text end
new text begin
$849,000 in fiscal year 2025 is to operate a
state reference laboratory. The base for this
appropriation is $632,000 in fiscal year 2026
and $696,000 in fiscal year 2027.
new text end
Sec. 3. new text begin DEPARTMENT OF HEALTH
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
5,500,000 new text end |
||
new text begin
$5,500,000 in fiscal year 2025 is for the
purposes outlined in Minnesota Statutes,
section 342.72.
new text end
Sec. 4. new text begin ATTORNEY GENERAL.
new text end
new text begin
The general fund appropriation base for the attorney general is increased by $988,000
in fiscal year 2026 and $748,000 in fiscal year 2027 for staffing and other costs related to
potential violations, compliance monitoring, and enforcement of the Minnesota Consumer
Data Privacy Act.
new text end
Sec. 5.
Laws 2023, chapter 63, article 9, section 10, is amended to read:
Sec. 10. HEALTH
|
||||||
Subdivision 1.Total Appropriation
|
$ |
3,300,000 |
$ |
deleted text begin
20,252,000
deleted text end
new text begin
17,525,000 new text end |
||
The base for this appropriation is deleted text begin $19,064,000deleted text end new text begin
$17,742,000new text end in fiscal year 2026 and deleted text begin each fiscal
year thereafterdeleted text end new text begin $17,678,000 in fiscal year
2027new text end .
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Subd. 2.Youth new text begin Prevention and new text end Educationnew text begin
|
-0- |
deleted text begin
5,000,000
deleted text end
new text begin
4,363,000 new text end |
||||
For new text begin administration and new text end grants under Minnesota
Statutes, section 144.197, subdivision 1.new text begin Of
the amount appropriated, $2,863,000 is for
program operations and administration and
$1,500,000 is for grants. The base for this
appropriation is $4,534,000 in fiscal year 2026
and $4,470,000 in fiscal year 2027.
new text end
Subd. 3.new text begin Prevention and new text end Education deleted text begin Grantsdeleted text end for
|
-0- |
deleted text begin
2,000,000
deleted text end
new text begin
1,788,000 new text end |
||||
For deleted text begin grants underdeleted text end new text begin a coordinated prevention and
education program for pregnant and
breastfeeding individuals undernew text end Minnesota
Statutes, section 144.197, subdivision 2.new text begin The
base for this appropriation is $1,834,000
beginning in fiscal year 2026.
new text end
Subd. 4.Local and Tribal Health Departments
|
-0- |
10,000,000 |
||||
For new text begin administration and new text end grants under Minnesota
Statutes, section 144.197, subdivision 4.new text begin Of
the amount appropriated, $1,094,000 is for
administration and $8,906,000 is for grants.
new text end
Subd. 5.Cannabis Data Collection and Biennial
|
493,000 |
493,000 |
||||
For reports under Minnesota Statutes, section
144.196.
Subd. 6.Administration for Expungement
|
71,000 |
71,000 |
||||
For administration related to orders issued by
the Cannabis Expungement Board. The base
for this appropriation is $71,000 in fiscal year
2026, $71,000 in fiscal year 2027, $71,000 in
fiscal year 2028, $71,000 in fiscal year 2029,
and $0 in fiscal year 2030.
Subd. 7.Grants to the Minnesota Poison Control
|
910,000 |
810,000 |
||||
For new text begin administration and new text end grants under Minnesota
Statutes, section 145.93.new text begin Of the amount
appropriated in fiscal year 2025, $15,000 is
for administration and $795,000 is for grants.
new text end
Subd. 8.Temporary Regulation of Edible
|
1,107,000 |
deleted text begin
1,107,000
deleted text end
new text begin
-0- new text end |
||||
For temporary regulation under the health
enforcement consolidation act of edible
products extracted from hemp. new text begin The
commissioner may transfer encumbrances and
unobligated amounts to the Office of Cannabis
Management for this purpose. new text end This is a
onetime appropriation.
Subd. 9.Testingdeleted text begin .
|
719,000 |
deleted text begin
771,000
deleted text end
new text begin
-0- new text end |
||||
For testing of edible cannabinoid products.
deleted text begin The base for this appropriation is $690,000 in
fiscal year 2026 and each fiscal year thereafter.deleted text end new text begin
The commissioner may transfer encumbrances
and unobligated amounts to the Office of
Cannabis Management for this purpose.
new text end
Sec. 6.
Laws 2023, chapter 63, article 9, section 19, is amended to read:
Sec. 19. APPROPRIATION AND BASE REDUCTIONS.
deleted text begin (a)deleted text end The commissioner of management and budget must reduce general fund appropriations
to the commissioner of corrections by $165,000 in fiscal year 2024 and $368,000 in fiscal
year 2025. The commissioner must reduce the base for general fund appropriations to the
commissioner of corrections by $460,000 in fiscal year 2026 and $503,000 in fiscal year
2027.
deleted text begin
(b) The commissioner of management and budget must reduce general fund appropriations
to the commissioner of health by $260,000 in fiscal year 2025 for the administration of the
medical cannabis program. The commissioner must reduce the base for general fund
appropriations to the commissioner of health by $781,000 in fiscal year 2026 and each fiscal
year thereafter.
deleted text end
deleted text begin
(c) The commissioner of management and budget must reduce state government special
revenue fund appropriations to the commissioner of health by $1,141,000 in fiscal year
2025 for the administration of the medical cannabis program. The commissioner must reduce
the base for state government special revenue fund appropriations to the commissioner of
health by $3,424,000 in fiscal year 2026 and each fiscal year thereafter.
deleted text end
Sec. 7.
Laws 2023, chapter 63, article 9, section 20, is amended to read:
Sec. 20. TRANSFERS.
deleted text begin (a)deleted text end $1,000,000 in fiscal year 2024 and $1,000,000 in fiscal year 2025 are transferred
from the general fund to the dual training account in the special revenue fund under
Minnesota Statutes, section 136A.246, subdivision 10, for grants to employers in the legal
cannabis industry. The base for this transfer is $1,000,000 in fiscal year 2026 and each fiscal
year thereafter. The commissioner may use up to six percent of the amount transferred for
administrative costs. The commissioner shall give priority to applications from employers
who are, or who are training employees who are, eligible to be social equity applicants
under Minnesota Statutes, section 342.17. After June 30, 2025, any unencumbered balance
from this transfer may be used for grants to any eligible employer under Minnesota Statutes,
section 136A.246.
deleted text begin
(b) $5,500,000 in fiscal year 2024 and $5,500,000 in fiscal year 2025 are transferred
from the general fund to the substance use treatment, recovery, and prevention grant account
established under Minnesota Statutes, section 342.72. The base for this transfer is $5,500,000
in fiscal year 2026 and each fiscal year thereafter.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 2
CANNABIS AND HEALTH-RELATED RESPONSIBILITIES
Section 1.
Minnesota Statutes 2023 Supplement, section 144.197, is amended to read:
144.197 CANNABIS new text begin AND SUBSTANCE MISUSE PREVENTION AND
new text end EDUCATION PROGRAMS.
Subdivision 1.
Youth new text begin prevention and new text end educationnew text begin programnew text end .
The commissioner of health,
in consultation with the commissioners of human services and education and in collaboration
with local health departmentsnew text begin and Tribal health departmentsnew text end , shall conduct a long-term,
coordinated deleted text begin educationdeleted text end program to raise public awareness about deleted text begin and address the top threedeleted text end new text begin
substance misuse prevention, treatment options, and recovery options. The program must
addressnew text end adverse health effectsdeleted text begin , as determined by the commissioner,deleted text end associated with the use
of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products by persons under age 25. In conducting this education program, the
commissioner shall engage and consult with youth around the state on program content and
on methods to effectively disseminate program information to youth around the state.
Subd. 2.
new text begin Prevention and new text end education new text begin program new text end for pregnant and breastfeeding
individualsdeleted text begin ;deleted text end new text begin andnew text end individuals who may become pregnant.
The commissioner of health,
in consultation with the commissioners of human services and education, shall conduct a
long-term, coordinated new text begin prevention new text end program deleted text begin to educatedeleted text end new text begin focused on (1) preventing substance
use bynew text end pregnant individuals, breastfeeding individuals, and individuals who may become
pregnantnew text begin , and (2) raising public awareness of the risks of substance use while pregnant or
breastfeeding. The program must include educationnew text end on the adverse health effects of prenatal
exposure to cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products and on the adverse health effects experienced by infants
and children who are exposed to cannabis flower, cannabis products, lower-potency hemp
edibles, or hemp-derived consumer products in breast milk, from secondhand smoke, or by
ingesting cannabinoid products. deleted text begin Thisdeleted text end new text begin The prevention and new text end education program must also
educate individuals on what constitutes a substance use disorder, signs of a substance use
disorder, and treatment options for persons with a substance use disorder.new text begin The prevention
and education program must also provide resources, including training resources, technical
assistance, or educational materials, to local public health home visiting programs, Tribal
home visiting programs, and child welfare workers.
new text end
deleted text begin Subd. 3. deleted text end
deleted text begin Home visiting programs. deleted text end
deleted text begin
The commissioner of health shall provide training,
technical assistance, and education materials to local public health home visiting programs
and Tribal home visiting programs and child welfare workers regarding the safe and unsafe
use of cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived
consumer products in homes with infants and young children. Training, technical assistance,
and education materials shall address substance use, the signs of a substance use disorder,
treatment options for persons with a substance use disorder, the dangers of driving under
the influence of cannabis flower, cannabis products, lower-potency hemp edibles, or
hemp-derived consumer products, how to safely consume cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products in homes with infants
and young children, and how to prevent infants and young children from being exposed to
cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer
products by ingesting cannabinoid products or through secondhand smoke.
deleted text end
Subd. 4.
Local and Tribal health departments.
The commissioner of health shall
distribute grants to local health departments and Tribal health departments for deleted text begin thesedeleted text end new text begin thenew text end
departments to create deleted text begin and disseminate educational materials on cannabis flower, cannabis
products, lower-potency hemp edibles, and hemp-derived consumer products and to provide
safe use and prevention training, education, technical assistance, and community engagement
regarding cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived
consumer products.deleted text end new text begin prevention, education, and recovery programs focusing on substance
misuse prevention and treatment options. The programs may include specific cannabis-related
initiatives.
new text end
Sec. 2.
Minnesota Statutes 2023 Supplement, section 342.15, is amended by adding a
subdivision to read:
new text begin Subd. 1a. new text end
new text begin Transmission of fees. new text end
new text begin
A cannabis business background check account is
established as a separate account in the special revenue fund. All fees received by the office
under subdivision 1 must be deposited in the account and are appropriated to the office to
pay for the criminal records checks conducted by the Bureau of Criminal Apprehension and
Federal Bureau of Investigation.
new text end
Sec. 3.
Minnesota Statutes 2023 Supplement, section 342.72, is amended to read:
342.72 SUBSTANCE USE TREATMENT, RECOVERY, AND PREVENTION
GRANTS.
Subdivision 1.
deleted text begin Accountdeleted text end new text begin Grant programnew text end establisheddeleted text begin ; appropriationdeleted text end .
A substance use
treatment, recovery, and prevention grant deleted text begin accountdeleted text end new text begin programnew text end is deleted text begin created in the special revenue
funddeleted text end new text begin established and must be administered by the commissioner of healthnew text end . deleted text begin Money in the
account, including interest earned, is appropriated to the office for the purposes specified
in this section. Of the amount transferred from the general fund to the account, the office
may use up to five percent for administrative expenses.
deleted text end
deleted text begin Subd. 2. deleted text end
deleted text begin Acceptance of gifts and grants. deleted text end
deleted text begin
Notwithstanding sections 16A.013 to 16A.016,
the office may accept money contributed by individuals and may apply for grants from
charitable foundations to be used for the purposes identified in this section. The money
accepted under this section must be deposited in the substance use treatment, recovery, and
prevention grant account created under subdivision 1.
deleted text end
Subd. 3.
Disposition of money; grants.
(a) deleted text begin Money in thedeleted text end Substance use treatment,
recovery, and prevention deleted text begin grant accountdeleted text end new text begin grantsnew text end must be distributed as follows:
(1) at least 75 percent of the money is for grants for substance use disorder and mental
health recovery and prevention programs. Funds must be used for recovery and prevention
activitiesnew text begin , including substance use prevention for youth,new text end and supplies that assist individuals
and families to initiate, stabilize, and maintain long-term recovery from substance use
disorders and co-occurring mental health conditions. Recovery and prevention activities
may include prevention education, school-linked behavioral health, school-based peer
programs, peer supports, self-care and wellness, culturally specific healing, community
public awareness, mutual aid networks, telephone recovery checkups, mental health
warmlines, harm reduction, recovery community organization development, first episode
psychosis programs, and recovery housing; and
(2) up to 25 percent of the money is for substance use disorder treatment programs as
defined in chapter 245G and may be used to implement, strengthen, or expand supportive
services and activities that are not covered by medical assistance under chapter 256B,
MinnesotaCare under chapter 256L, or the behavioral health fund under chapter 254B.
Services and activities may include adoption or expansion of evidence-based practices;
competency-based training; continuing education; culturally specific and culturally responsive
services; sober recreational activities; developing referral relationships; family preservation
and healing; and start-up or capacity funding for programs that specialize in adolescent,
culturally specific, culturally responsive, disability-specific, co-occurring disorder, or family
treatment services.
(b) The deleted text begin officedeleted text end new text begin commissioner of healthnew text end shall consult with the Governor's Advisory Council
on Opioids, Substance Use, and Addiction; the commissioner of human services; and deleted text begin the
commissioner of healthdeleted text end new text begin the Office of Cannabis Managementnew text end to develop an appropriate
application process, establish grant requirements, determine what organizations are eligible
to receive grants, and establish reporting requirements for grant recipients.
Subd. 4.
Reports to the legislature.
By January 15deleted text begin , 2024, anddeleted text end each deleted text begin January 15deleted text end deleted text begin thereafterdeleted text end new text begin
yearnew text end , the deleted text begin officedeleted text end new text begin commissioner of healthnew text end must submit a report to the chairs and ranking
minority members of the committees of the house of representatives and the senate having
jurisdiction over health and human services policy and finance that details deleted text begin grants awarded
fromdeleted text end the substance use treatment, recovery, and prevention deleted text begin grant accountdeleted text end new text begin grants awardednew text end ,
including the total amount awarded, total number of recipients, and geographic distribution
of those recipients.new text begin Notwithstanding section 144.05, subdivision 7, the reporting requirement
under this subdivision does not expire.
new text end
Sec. 4. new text begin REPORT BY THE COMMISSIONER OF COMMERCE.
new text end
new text begin
By January 30, 2025, the commissioner of commerce must report to the chairs and
ranking minority members of the legislative committees with jurisdiction over commerce,
health, and human services, regarding the balance of the premium security plan account
under Minnesota Statutes, section 62E.25, subdivision 1, the estimated cost to continue the
premium security plan, and the plan's future interactions with public health programs. The
report must include an assessment of potential alternatives that would be available upon
expiration of the current waiver.
new text end
ARTICLE 3
INSURANCE ASSESSMENTS AND FEES
Section 1.
Minnesota Statutes 2022, section 45.0135, subdivision 7, is amended to read:
Subd. 7.
Assessment.
Each insurer authorized to sell insurance in the state of Minnesota,
including surplus lines carriers, and having Minnesota earned premium the previous calendar
year shall remit an assessment to the commissioner for deposit in the insurance fraud
prevention account on or before June 1 of each year. The amount of the assessment shall
be based on the insurer's total assets and on the insurer's total written Minnesota premium,
for the preceding fiscal year, as reported pursuant to section 60A.13. deleted text begin The assessment is
calculated to be an amount up to the followingdeleted text end new text begin Beginning with the payment due on or before
June 1, 2024, the assessment amount isnew text end :
| Total Assets |
Assessment |
|||
| Less than $100,000,000 |
$ |
deleted text begin
200
deleted text end
new text begin
400 new text end |
||
| $100,000,000 to $1,000,000,000 |
$ |
deleted text begin
750
deleted text end
new text begin
1,500 new text end |
||
| Over $1,000,000,000 |
$ |
deleted text begin
2,000 deleted text end new text begin 4,000 new text end |
||
| Minnesota Written Premium |
Assessment |
|||
| Less than $10,000,000 |
$ |
deleted text begin
200
deleted text end
new text begin
400 new text end |
||
| $10,000,000 to $100,000,000 |
$ |
deleted text begin
750
deleted text end
new text begin
1,500 new text end |
||
| Over $100,000,000 |
$ |
deleted text begin
2,000
deleted text end
new text begin
4,000 new text end |
||
For purposes of this subdivision, the following entities are not considered to be insurers
authorized to sell insurance in the state of Minnesota: risk retention groups; or township
mutuals organized under chapter 67A.
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 2022, section 62Q.73, subdivision 3, is amended to read:
Subd. 3.
Right to external review.
(a) Any enrollee or anyone acting on behalf of an
enrollee who has received an adverse determination may submit a written request for an
external review of the adverse determination, if applicable under section 62Q.68, subdivision
1, or 62M.06, to the commissioner of health if the request involves a health plan company
regulated by that commissioner or to the commissioner of commerce if the request involves
a health plan company regulated by that commissioner. Notification of the enrollee's right
to external review must accompany the denial issued by the insurer. deleted text begin The written request
must be accompanied by a filing fee of $25. The fee may be waived by the commissioner
of health or commerce in cases of financial hardship and must be refunded if the adverse
determination is completely reversed. No enrollee may be subject to filing fees totaling
more than $75 during a plan year for group coverage or policy year for individual coverage.
deleted text end
(b) Nothing in this section requires the commissioner of health or commerce to
independently investigate an adverse determination referred for independent external review.
(c) If an enrollee requests an external review, the health plan company must participate
in the external review. The cost of the external review deleted text begin in excess of the filing fee described
in paragraph (a) shalldeleted text end new text begin mustnew text end be borne by the health plan company.
(d) The enrollee must request external review within six months from the date of the
adverse determination.
ARTICLE 4
CONSUMER DATA PRIVACY
Section 1.
new text begin
[13.6505] ATTORNEY GENERAL DATA CODED ELSEWHERE.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
The section referred to in this section is codified outside this
chapter. Those sections classify attorney general data as other than public, place restrictions
on access to government data, or involve data sharing.
new text end
new text begin Subd. 2. new text end
new text begin Data privacy and protection assessments. new text end
new text begin
A data privacy and protection
assessment collected or maintained by the attorney general is classified under section
325O.08.
new text end
Sec. 2.
new text begin
[325O.01] CITATION.
new text end
new text begin
This chapter may be cited as the "Minnesota Consumer Data Privacy Act."
new text end
Sec. 3.
new text begin
[325O.02] DEFINITIONS.
new text end
new text begin
(a) For purposes of this chapter, the following terms have the meanings given.
new text end
new text begin
(b) "Affiliate" means a legal entity that controls, is controlled by, or is under common
control with another legal entity. For purposes of this paragraph, "control" or "controlled"
means: ownership of or the power to vote more than 50 percent of the outstanding shares
of any class of voting security of a company; control in any manner over the election of a
majority of the directors or of individuals exercising similar functions; or the power to
exercise a controlling influence over the management of a company.
new text end
new text begin
(c) "Authenticate" means to use reasonable means to determine that a request to exercise
any of the rights under section 325O.05, subdivision 1, paragraphs (b) to (h), is being made
by or rightfully on behalf of the consumer who is entitled to exercise the rights with respect
to the personal data at issue.
new text end
new text begin
(d) "Biometric data" means data generated by automatic measurements of an individual's
biological characteristics, including a fingerprint, a voiceprint, eye retinas, irises, or other
unique biological patterns or characteristics that are used to identify a specific individual.
Biometric data does not include:
new text end
new text begin
(1) a digital or physical photograph;
new text end
new text begin
(2) an audio or video recording; or
new text end
new text begin
(3) any data generated from a digital or physical photograph, or an audio or video
recording, unless the data is generated to identify a specific individual.
new text end
new text begin
(e) "Child" has the meaning given in United States Code, title 15, section 6501.
new text end
new text begin
(f) "Consent" means any freely given, specific, informed, and unambiguous indication
of the consumer's wishes by which the consumer signifies agreement to the processing of
personal data relating to the consumer. Acceptance of a general or broad terms of use or
similar document that contains descriptions of personal data processing along with other,
unrelated information does not constitute consent. Hovering over, muting, pausing, or closing
a given piece of content does not constitute consent. A consent is not valid when the
consumer's indication has been obtained by a dark pattern. A consumer may revoke consent
previously given, consistent with this chapter.
new text end
new text begin
(g) "Consumer" means a natural person who is a Minnesota resident acting only in an
individual or household context. Consumer does not include a natural person acting in a
commercial or employment context.
new text end
new text begin
(h) "Controller" means the natural or legal person who, alone or jointly with others,
determines the purposes and means of the processing of personal data.
new text end
new text begin
(i) "Decisions that produce legal or similarly significant effects concerning the consumer"
means decisions made by the controller that result in the provision or denial by the controller
of financial or lending services, housing, insurance, education enrollment or opportunity,
criminal justice, employment opportunities, health care services, or access to essential goods
or services.
new text end
new text begin
(j) "Dark pattern" means a user interface designed or manipulated with the substantial
effect of subverting or impairing user autonomy, decision making, or choice.
new text end
new text begin
(k) "Deidentified data" means data that cannot reasonably be used to infer information
about or otherwise be linked to an identified or identifiable natural person or a device linked
to an identified or identifiable natural person, provided that the controller that possesses the
data:
new text end
new text begin
(1) takes reasonable measures to ensure that the data cannot be associated with a natural
person;
new text end
new text begin
(2) publicly commits to process the data only in a deidentified fashion and not attempt
to reidentify the data; and
new text end
new text begin
(3) contractually obligates any recipients of the information to comply with all provisions
of this paragraph.
new text end
new text begin
(l) "Delete" means to remove or destroy information so that it is not maintained in human-
or machine-readable form and cannot be retrieved or utilized in the ordinary course of
business.
new text end
new text begin
(m) "Genetic information" has the meaning given in section 13.386, subdivision 1.
new text end
new text begin
(n) "Identified or identifiable natural person" means a person who can be readily
identified, directly or indirectly.
new text end
new text begin
(o) "Known child" means a person under circumstances where a controller has actual
knowledge of, or willfully disregards, that the person is under 13 years of age.
new text end
new text begin
(p) "Personal data" means any information that is linked or reasonably linkable to an
identified or identifiable natural person. Personal data does not include deidentified data or
publicly available information. For purposes of this paragraph, "publicly available
information" means information that (1) is lawfully made available from federal, state, or
local government records or widely distributed media, or (2) a controller has a reasonable
basis to believe has lawfully been made available to the general public.
new text end
new text begin
(q) "Process" or "processing" means any operation or set of operations that are performed
on personal data or on sets of personal data, whether or not by automated means, including
but not limited to the collection, use, storage, disclosure, analysis, deletion, or modification
of personal data.
new text end
new text begin
(r) "Processor" means a natural or legal person who processes personal data on behalf
of a controller.
new text end
new text begin
(s) "Profiling" means any form of automated processing of personal data to evaluate,
analyze, or predict personal aspects related to an identified or identifiable natural person's
economic situation, health, personal preferences, interests, reliability, behavior, location,
or movements.
new text end
new text begin
(t) "Pseudonymous data" means personal data that cannot be attributed to a specific
natural person without the use of additional information, provided that the additional
information is kept separately and is subject to appropriate technical and organizational
measures to ensure that the personal data are not attributed to an identified or identifiable
natural person.
new text end
new text begin
(u) "Sale," "sell," or "sold" means the exchange of personal data for monetary or other
valuable consideration by the controller to a third party. Sale does not include the following:
new text end
new text begin
(1) the disclosure of personal data to a processor who processes the personal data on
behalf of the controller;
new text end
new text begin
(2) the disclosure of personal data to a third party for purposes of providing a product
or service requested by the consumer;
new text end
new text begin
(3) the disclosure or transfer of personal data to an affiliate of the controller;
new text end
new text begin
(4) the disclosure of information that the consumer intentionally made available to the
general public via a channel of mass media and did not restrict to a specific audience;
new text end
new text begin
(5) the disclosure or transfer of personal data to a third party as an asset that is part of a
completed or proposed merger, acquisition, bankruptcy, or other transaction in which the
third party assumes control of all or part of the controller's assets; or
new text end
new text begin
(6) the exchange of personal data between the producer of a good or service and
authorized agents of the producer who sell and service the goods and services, to enable
the cooperative provisioning of goods and services by both the producer and the producer's
agents.
new text end
new text begin
(v) Sensitive data is a form of personal data. "Sensitive data" means:
new text end
new text begin
(1) personal data revealing racial or ethnic origin, religious beliefs, mental or physical
health condition or diagnosis, sexual orientation, or citizenship or immigration status;
new text end
new text begin
(2) the processing of biometric data or genetic information for the purpose of uniquely
identifying an individual;
new text end
new text begin
(3) the personal data of a known child; or
new text end
new text begin
(4) specific geolocation data.
new text end
new text begin
(w) "Specific geolocation data" means information derived from technology, including
but not limited to global positioning system level latitude and longitude coordinates or other
mechanisms, that directly identifies the geographic coordinates of a consumer or a device
linked to a consumer with an accuracy of more than three decimal degrees of latitude and
longitude or the equivalent in an alternative geographic coordinate system, or a street address
derived from the coordinates. Specific geolocation data does not include the content of
communications, the contents of databases containing street address information which are
accessible to the public as authorized by law, or any data generated by or connected to
advanced utility metering infrastructure systems or other equipment for use by a public
utility.
new text end
new text begin
(x) "Targeted advertising" means displaying advertisements to a consumer where the
advertisement is selected based on personal data obtained or inferred from the consumer's
activities over time and across nonaffiliated websites or online applications to predict the
consumer's preferences or interests. Targeted advertising does not include:
new text end
new text begin
(1) advertising based on activities within a controller's own websites or online
applications;
new text end
new text begin
(2) advertising based on the context of a consumer's current search query or visit to a
website or online application;
new text end
new text begin
(3) advertising to a consumer in response to the consumer's request for information or
feedback; or
new text end
new text begin
(4) processing personal data solely for measuring or reporting advertising performance,
reach, or frequency.
new text end
new text begin
(y) "Third party" means a natural or legal person, public authority, agency, or body other
than the consumer, controller, processor, or an affiliate of the processor or the controller.
new text end
new text begin
(z) "Trade secret" has the meaning given in section 325C.01, subdivision 5.
new text end
Sec. 4.
new text begin
[325O.03] SCOPE; EXCLUSIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
(a) This chapter applies to legal entities that conduct business in
Minnesota or produce products or services that are targeted to residents of Minnesota, and
that satisfy one or more of the following thresholds:
new text end
new text begin
(1) during a calendar year, controls or processes personal data of 100,000 consumers or
more, excluding personal data controlled or processed solely for the purpose of completing
a payment transaction; or
new text end
new text begin
(2) derives over 25 percent of gross revenue from the sale of personal data and processes
or controls personal data of 25,000 consumers or more.
new text end
new text begin
(b) A controller or processor acting as a technology provider under section 13.32 shall
comply with this chapter and section 13.32, except that when the provisions of section 13.32
conflict with this chapter, section 13.32 prevails.
new text end
new text begin Subd. 2. new text end
new text begin Exclusions. new text end
new text begin
(a) This chapter does not apply to the following entities, activities,
or types of information:
new text end
new text begin
(1) a government entity, as defined by section 13.02, subdivision 7a;
new text end
new text begin
(2) a federally recognized Indian tribe;
new text end
new text begin
(3) information that meets the definition of:
new text end
new text begin
(i) protected health information, as defined by and for purposes of the Health Insurance
Portability and Accountability Act of 1996, Public Law 104-191, and related regulations;
new text end
new text begin
(ii) health records, as defined in section 144.291, subdivision 2;
new text end
new text begin
(iii) patient identifying information for purposes of Code of Federal Regulations, title
42, part 2, established pursuant to United States Code, title 42, section 290dd-2;
new text end
new text begin
(iv) identifiable private information for purposes of the federal policy for the protection
of human subjects, Code of Federal Regulations, title 45, part 46; identifiable private
information that is otherwise information collected as part of human subjects research
pursuant to the good clinical practice guidelines issued by the International Council for
Harmonisation; the protection of human subjects under Code of Federal Regulations, title
21, parts 50 and 56; or personal data used or shared in research conducted in accordance
with one or more of the requirements set forth in this paragraph;
new text end
new text begin
(v) information and documents created for purposes of the federal Health Care Quality
Improvement Act of 1986, Public Law 99-660, and related regulations; or
new text end
new text begin
(vi) patient safety work product for purposes of Code of Federal Regulations, title 42,
part 3, established pursuant to United States Code, title 42, sections 299b-21 to 299b-26;
new text end
new text begin
(4) information that is derived from any of the health care-related information listed in
clause (3), but that has been deidentified in accordance with the requirements for
deidentification set forth in Code of Federal Regulations, title 45, part 164;
new text end
new text begin
(5) information originating from, and intermingled to be indistinguishable with, any of
the health care-related information listed in clause (3) that is maintained by:
new text end
new text begin
(i) a covered entity or business associate, as defined by the Health Insurance Portability
and Accountability Act of 1996, Public Law 104-191, and related regulations;
new text end
new text begin
(ii) a health care provider, as defined in section 144.291, subdivision 2; or
new text end
new text begin
(iii) a program or a qualified service organization, as defined by Code of Federal
Regulations, title 42, part 2, established pursuant to United States Code, title 42, section
290dd-2;
new text end
new text begin
(6) information that is:
new text end
new text begin
(i) maintained by an entity that meets the definition of health care provider under Code
of Federal Regulations, title 45, section 160.103, to the extent that the entity maintains the
information in the manner required of covered entities with respect to protected health
information for purposes of the Health Insurance Portability and Accountability Act of
1996, Public Law 104-191, and related regulations;
new text end
new text begin
(ii) included in a limited data set, as described under Code of Federal Regulations, title
45, part 164.514(e), to the extent that the information is used, disclosed, and maintained in
the manner specified by that part;
new text end
new text begin
(iii) maintained by, or maintained to comply with the rules or orders of, a self-regulatory
organization as defined by United States Code, title 15, section 78c(a)(26); or
new text end
new text begin
(iv) originated from, or intermingled with, information described in clause (9) and that
a licensed residential mortgage originator, as defined under section 58.02, subdivision 19,
or residential mortgage servicer, as defined under section 58.02, subdivision 20, collects,
processes, uses, or maintains in the same manner as required under the laws and regulations
specified in clause (9);
new text end
new text begin
(7) information used only for public health activities and purposes, as described under
Code of Federal Regulations, title 45, part 164.512;
new text end
new text begin
(8) an activity involving the collection, maintenance, disclosure, sale, communication,
or use of any personal data bearing on a consumer's credit worthiness, credit standing, credit
capacity, character, general reputation, personal characteristics, or mode of living by a
consumer reporting agency, as defined in United States Code, title 15, section 1681a(f), by
a furnisher of information, as set forth in United States Code, title 15, section 1681s-2, who
provides information for use in a consumer report, as defined in United States Code, title
15, section 1681a(d), and by a user of a consumer report, as set forth in United States Code,
title 15, section 1681b, except that information is only excluded under this paragraph to the
extent that the activity involving the collection, maintenance, disclosure, sale, communication,
or use of the information by the agency, furnisher, or user is subject to regulation under the
federal Fair Credit Reporting Act, United States Code, title 15, sections 1681 to 1681x, and
the information is not collected, maintained, used, communicated, disclosed, or sold except
as authorized by the Fair Credit Reporting Act;
new text end
new text begin
(9) personal data collected, processed, sold, or disclosed pursuant to the federal
Gramm-Leach-Bliley Act, Public Law 106-102, and implementing regulations, if the
collection, processing, sale, or disclosure is in compliance with that law;
new text end
new text begin
(10) personal data collected, processed, sold, or disclosed pursuant to the federal Driver's
Privacy Protection Act of 1994, United States Code, title 18, sections 2721 to 2725, if the
collection, processing, sale, or disclosure is in compliance with that law;
new text end
new text begin
(11) personal data regulated by the federal Family Educational Rights and Privacy Act,
United States Code, title 20, section 1232g, and implementing regulations;
new text end
new text begin
(12) personal data collected, processed, sold, or disclosed pursuant to the federal Farm
Credit Act of 1971, as amended, United States Code, title 12, sections 2001 to 2279cc, and
implementing regulations, Code of Federal Regulations, title 12, part 600, if the collection,
processing, sale, or disclosure is in compliance with that law;
new text end
new text begin
(13) data collected or maintained:
new text end
new text begin
(i) in the course of an individual acting as a job applicant to or an employee, owner,
director, officer, medical staff member, or contractor of a business if the data is collected
and used solely within the context of the role;
new text end
new text begin
(ii) as the emergency contact information of an individual under item (i) if used solely
for emergency contact purposes; or
new text end
new text begin
(iii) that is necessary for the business to retain to administer benefits for another individual
relating to the individual under item (i) if used solely for the purposes of administering those
benefits;
new text end
new text begin
(14) personal data collected, processed, sold, or disclosed pursuant to the Minnesota
Insurance Fair Information Reporting Act in sections 72A.49 to 72A.505;
new text end
new text begin
(15) data collected, processed, sold, or disclosed as part of a payment-only credit, check,
or cash transaction where no data about consumers, as defined in section 325O.02, are
retained;
new text end
new text begin
(16) a state or federally chartered bank or credit union, or an affiliate or subsidiary that
is principally engaged in financial activities, as described in United States Code, title 12,
section 1843(k);
new text end
new text begin
(17) information that originates from, or is intermingled so as to be indistinguishable
from, information described in clause (8) and that a person licensed under chapter 56 collects,
processes, uses, or maintains in the same manner as is required under the laws and regulations
specified in clause (8);
new text end
new text begin
(18) an insurance company, as defined in section 60A.02, subdivision 4, an insurance
producer, as defined in section 60K.31, subdivision 6, a third-party administrator of
self-insurance, or an affiliate or subsidiary of any entity identified in this clause that is
principally engaged in financial activities, as described in United States Code, title 12,
section 1843(k), except that this clause does not apply to a person that, alone or in
combination with another person, establishes and maintains a self-insurance program that
does not otherwise engage in the business of entering into policies of insurance;
new text end
new text begin
(19) a small business, as defined by the United States Small Business Administration
under Code of Federal Regulations, title 13, part 121, except that a small business identified
in this clause is subject to section 325O.075;
new text end
new text begin
(20) a nonprofit organization that is established to detect and prevent fraudulent acts in
connection with insurance; and
new text end
new text begin
(21) an air carrier subject to the federal Airline Deregulation Act, Public Law 95-504,
only to the extent that an air carrier collects personal data related to prices, routes, or services
and only to the extent that the provisions of the Airline Deregulation Act preempt the
requirements of this chapter.
new text end
new text begin
(b) Controllers that are in compliance with the Children's Online Privacy Protection Act,
United States Code, title 15, sections 6501 to 6506, and implementing regulations, shall be
deemed compliant with any obligation to obtain parental consent under this chapter.
new text end
Sec. 5.
new text begin
[325O.04] RESPONSIBILITY ACCORDING TO ROLE.
new text end
new text begin
(a) Controllers and processors are responsible for meeting the respective obligations
established under this chapter.
new text end
new text begin
(b) Processors are responsible under this chapter for adhering to the instructions of the
controller and assisting the controller to meet the controller's obligations under this chapter.
Assistance under this paragraph shall include the following:
new text end
new text begin
(1) taking into account the nature of the processing, the processor shall assist the controller
by appropriate technical and organizational measures, insofar as this is possible, for the
fulfillment of the controller's obligation to respond to consumer requests to exercise their
rights pursuant to section 325O.05; and
new text end
new text begin
(2) taking into account the nature of processing and the information available to the
processor, the processor shall assist the controller in meeting the controller's obligations in
relation to the security of processing the personal data and in relation to the notification of
a breach of the security of the system pursuant to section 325E.61, and shall provide
information to the controller necessary to enable the controller to conduct and document
any data privacy and protection assessments required by section 325O.08.
new text end
new text begin
(c) A contract between a controller and a processor shall govern the processor's data
processing procedures with respect to processing performed on behalf of the controller. The
contract shall be binding and clearly set forth instructions for processing data, the nature
and purpose of processing, the type of data subject to processing, the duration of processing,
and the rights and obligations of both parties. The contract shall also require that the
processor:
new text end
new text begin
(1) ensure that each person processing the personal data is subject to a duty of
confidentiality with respect to the data; and
new text end
new text begin
(2) engage a subcontractor only (i) after providing the controller with an opportunity to
object, and (ii) pursuant to a written contract in accordance with paragraph (e) that requires
the subcontractor to meet the obligations of the processor with respect to the personal data.
new text end
new text begin
(d) Taking into account the context of processing, the controller and the processor shall
implement appropriate technical and organizational measures to ensure a level of security
appropriate to the risk and establish a clear allocation of the responsibilities between the
controller and the processor to implement the technical and organizational measures.
new text end
new text begin
(e) Processing by a processor shall be governed by a contract between the controller and
the processor that is binding on both parties and that sets out the processing instructions to
which the processor is bound, including the nature and purpose of the processing, the type
of personal data subject to the processing, the duration of the processing, and the obligations
and rights of both parties. The contract shall include the requirements imposed by this
paragraph, paragraphs (c) and (d), as well as the following requirements:
new text end
new text begin
(1) at the choice of the controller, the processor shall delete or return all personal data
to the controller as requested at the end of the provision of services, unless retention of the
personal data is required by law;
new text end
new text begin
(2) upon a reasonable request from the controller, the processor shall make available to
the controller all information necessary to demonstrate compliance with the obligations in
this chapter; and
new text end
new text begin
(3) the processor shall allow for, and contribute to, reasonable assessments and inspections
by the controller or the controller's designated assessor. Alternatively, the processor may
arrange for a qualified and independent assessor to conduct, at least annually and at the
processor's expense, an assessment of the processor's policies and technical and organizational
measures in support of the obligations under this chapter. The assessor must use an
appropriate and accepted control standard or framework and assessment procedure for
assessments as applicable, and shall provide a report of an assessment to the controller upon
request.
new text end
new text begin
(f) In no event shall any contract relieve a controller or a processor from the liabilities
imposed on a controller or processor by virtue of the controller's or processor's roles in the
processing relationship under this chapter.
new text end
new text begin
(g) Determining whether a person is acting as a controller or processor with respect to
a specific processing of data is a fact-based determination that depends upon the context in
which personal data are to be processed. A person that is not limited in the person's processing
of personal data pursuant to a controller's instructions, or that fails to adhere to a controller's
instructions, is a controller and not a processor with respect to a specific processing of data.
A processor that continues to adhere to a controller's instructions with respect to a specific
processing of personal data remains a processor. If a processor begins, alone or jointly with
others, determining the purposes and means of the processing of personal data, the processor
is a controller with respect to the processing.
new text end
Sec. 6.
new text begin
[325O.05] CONSUMER PERSONAL DATA RIGHTS.
new text end
new text begin Subdivision 1. new text end
new text begin Consumer rights provided. new text end
new text begin
(a) Except as provided in this chapter, a
controller must comply with a request to exercise the consumer rights provided in this
subdivision.
new text end
new text begin
(b) A consumer has the right to confirm whether or not a controller is processing personal
data concerning the consumer and access the categories of personal data the controller is
processing.
new text end
new text begin
(c) A consumer has the right to correct inaccurate personal data concerning the consumer,
taking into account the nature of the personal data and the purposes of the processing of the
personal data.
new text end
new text begin
(d) A consumer has the right to delete personal data concerning the consumer.
new text end
new text begin
(e) A consumer has the right to obtain personal data concerning the consumer, which
the consumer previously provided to the controller, in a portable and, to the extent technically
feasible, readily usable format that allows the consumer to transmit the data to another
controller without hindrance, where the processing is carried out by automated means.
new text end
new text begin
(f) A consumer has the right to opt out of the processing of personal data concerning
the consumer for purposes of targeted advertising, the sale of personal data, or profiling in
furtherance of automated decisions that produce legal effects concerning a consumer or
similarly significant effects concerning a consumer.
new text end
new text begin
(g) If a consumer's personal data is profiled in furtherance of decisions that produce
legal effects concerning a consumer or similarly significant effects concerning a consumer,
the consumer has the right to question the result of the profiling, to be informed of the reason
that the profiling resulted in the decision, and, if feasible, to be informed of what actions
the consumer might have taken to secure a different decision and the actions that the
consumer might take to secure a different decision in the future. The consumer has the right
to review the consumer's personal data used in the profiling. If the decision is determined
to have been based upon inaccurate personal data, taking into account the nature of the
personal data and the purposes of the processing of the personal data, the consumer has the
right to have the data corrected and the profiling decision reevaluated based upon the
corrected data.
new text end
new text begin
(h) A consumer has a right to obtain a list of the specific third parties to which the
controller has disclosed the consumer's personal data. If the controller does not maintain
the information in a format specific to the consumer, a list of specific third parties to whom
the controller has disclosed any consumers' personal data may be provided instead.
new text end
new text begin Subd. 2. new text end
new text begin Exercising consumer rights. new text end
new text begin
(a) A consumer may exercise the rights set forth
in this section by submitting a request, at any time, to a controller specifying which rights
the consumer wishes to exercise.
new text end
new text begin
(b) In the case of processing personal data concerning a known child, the parent or legal
guardian of the known child may exercise the rights of this chapter on the child's behalf.
new text end
new text begin
(c) In the case of processing personal data concerning a consumer legally subject to
guardianship or conservatorship under sections 524.5-101 to 524.5-502, the guardian or the
conservator of the consumer may exercise the rights of this chapter on the consumer's behalf.
new text end
new text begin
(d) A consumer may designate another person as the consumer's authorized agent to
exercise the consumer's right to opt out of the processing of the consumer's personal data
for purposes of targeted advertising and sale under subdivision 1, paragraph (f), on the
consumer's behalf. A consumer may designate an authorized agent by way of, among other
things, a technology, including but not limited to an Internet link or a browser setting,
browser extension, or global device setting, indicating the consumer's intent to opt out of
the processing. A controller shall comply with an opt-out request received from an authorized
agent if the controller is able to verify, with commercially reasonable effort, the identity of
the consumer and the authorized agent's authority to act on the consumer's behalf.
new text end
new text begin Subd. 3. new text end
new text begin Universal opt-out mechanisms. new text end
new text begin
(a) A controller must allow a consumer to opt
out of any processing of the consumer's personal data for the purposes of targeted advertising,
or any sale of the consumer's personal data through an opt-out preference signal sent, with
the consumer's consent, by a platform, technology, or mechanism to the controller indicating
the consumer's intent to opt out of the processing or sale. The platform, technology, or
mechanism must:
new text end
new text begin
(1) not unfairly disadvantage another controller;
new text end
new text begin
(2) not make use of a default setting, but require the consumer to make an affirmative,
freely given, and unambiguous choice to opt out of the processing of the consumer's personal
data;
new text end
new text begin
(3) be consumer-friendly and easy to use by the average consumer;
new text end
new text begin
(4) be as consistent as possible with any other similar platform, technology, or mechanism
required by any federal or state law or regulation; and
new text end
new text begin
(5) enable the controller to accurately determine whether the consumer is a Minnesota
resident and whether the consumer has made a legitimate request to opt out of any sale of
the consumer's personal data or targeted advertising. For purposes of this paragraph, the
use of an Internet protocol address to estimate the consumer's location is sufficient to
determine the consumer's residence.
new text end
new text begin
(b) If a consumer's opt-out request is exercised through the platform, technology, or
mechanism required under paragraph (a), and the request conflicts with the consumer's
existing controller-specific privacy setting or voluntary participation in a controller's bona
fide loyalty, rewards, premium features, discounts, or club card program, the controller
must comply with the consumer's opt-out preference signal but may also notify the consumer
of the conflict and provide the consumer a choice to confirm the controller-specific privacy
setting or participation in the controller's program.
new text end
new text begin
(c) The platform, technology, or mechanism required under paragraph (a) is subject to
the requirements of subdivision 4.
new text end
new text begin
(d) A controller that recognizes opt-out preference signals that have been approved by
other state laws or regulations is in compliance with this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Controller response to consumer requests. new text end
new text begin
(a) Except as provided in this
chapter, a controller must comply with a request to exercise the rights pursuant to subdivision
1.
new text end
new text begin
(b) A controller must provide one or more secure and reliable means for consumers to
submit a request to exercise the consumer's rights under this section. The means made
available must take into account the ways in which consumers interact with the controller
and the need for secure and reliable communication of the requests.
new text end
new text begin
(c) A controller may not require a consumer to create a new account in order to exercise
a right, but a controller may require a consumer to use an existing account to exercise the
consumer's rights under this section.
new text end
new text begin
(d) A controller must comply with a request to exercise the right in subdivision 1,
paragraph (f), as soon as feasibly possible, but no later than 45 days of receipt of the request.
new text end
new text begin
(e) A controller must inform a consumer of any action taken on a request under
subdivision 1 without undue delay and in any event within 45 days of receipt of the request.
That period may be extended once by 45 additional days where reasonably necessary, taking
into account the complexity and number of the requests. The controller must inform the
consumer of any extension within 45 days of receipt of the request, together with the reasons
for the delay.
new text end
new text begin
(f) If a controller does not take action on a consumer's request, the controller must inform
the consumer without undue delay and at the latest within 45 days of receipt of the request
of the reasons for not taking action and instructions for how to appeal the decision with the
controller as described in subdivision 5.
new text end
new text begin
(g) Information provided under this section must be provided by the controller free of
charge up to twice annually to the consumer. Where requests from a consumer are manifestly
unfounded or excessive, in particular because of the repetitive character of the requests, the
controller may either charge a reasonable fee to cover the administrative costs of complying
with the request, or refuse to act on the request. The controller bears the burden of
demonstrating the manifestly unfounded or excessive character of the request.
new text end
new text begin
(h) A controller is not required to comply with a request to exercise any of the rights
under subdivision 1, paragraphs (b) to (h), if the controller is unable to authenticate the
request using commercially reasonable efforts. In such cases, the controller may request
the provision of additional information reasonably necessary to authenticate the request. A
controller is not required to authenticate an opt-out request, but a controller may deny an
opt-out request if the controller has a good faith, reasonable, and documented belief that
the request is fraudulent. If a controller denies an opt-out request because the controller
believes a request is fraudulent, the controller must notify the person who made the request
that the request was denied due to the controller's belief that the request was fraudulent and
state the controller's basis for that belief.
new text end
new text begin
(i) In response to a consumer request under subdivision 1, a controller must not disclose
the following information about a consumer, but must instead inform the consumer with
sufficient particularity that the controller has collected that type of information:
new text end
new text begin
(1) Social Security number;
new text end
new text begin
(2) driver's license number or other government-issued identification number;
new text end
new text begin
(3) financial account number;
new text end
new text begin
(4) health insurance account number or medical identification number;
new text end
new text begin
(5) account password, security questions, or answers; or
new text end
new text begin
(6) biometric data.
new text end
new text begin
(j) In response to a consumer request under subdivision 1, a controller is not required
to reveal any trade secret.
new text end
new text begin
(k) A controller that has obtained personal data about a consumer from a source other
than the consumer may comply with a consumer's request to delete the consumer's personal
data pursuant to subdivision 1, paragraph (d), by either:
new text end
new text begin
(1) retaining a record of the deletion request, retaining the minimum data necessary for
the purpose of ensuring the consumer's personal data remains deleted from the business's
records, and not using the retained data for any other purpose pursuant to the provisions of
this chapter; or
new text end
new text begin
(2) opting the consumer out of the processing of personal data for any purpose except
for the purposes exempted pursuant to the provisions of this chapter.
new text end
new text begin Subd. 5. new text end
new text begin Appeal process required. new text end
new text begin
(a) A controller must establish an internal process
whereby a consumer may appeal a refusal to take action on a request to exercise any of the
rights under subdivision 1 within a reasonable period of time after the consumer's receipt
of the notice sent by the controller under subdivision 4, paragraph (f).
new text end
new text begin
(b) The appeal process must be conspicuously available. The process must include the
ease of use provisions in subdivision 3 applicable to submitting requests.
new text end
new text begin
(c) Within 45 days of receipt of an appeal, a controller must inform the consumer of any
action taken or not taken in response to the appeal, along with a written explanation of the
reasons in support thereof. That period may be extended by 60 additional days where
reasonably necessary, taking into account the complexity and number of the requests serving
as the basis for the appeal. The controller must inform the consumer of any extension within
45 days of receipt of the appeal, together with the reasons for the delay.
new text end
new text begin
(d) When informing a consumer of any action taken or not taken in response to an appeal
pursuant to paragraph (c), the controller must provide a written explanation of the reasons
for the controller's decision and clearly and prominently provide the consumer with
information about how to file a complaint with the Office of the Attorney General. The
controller must maintain records of all appeals and the controller's responses for at least 24
months and shall, upon written request by the attorney general as part of an investigation,
compile and provide a copy of the records to the attorney general.
new text end
Sec. 7.
new text begin
[325O.06] PROCESSING DEIDENTIFIED DATA OR PSEUDONYMOUS
DATA.
new text end
new text begin
(a) This chapter does not require a controller or processor to do any of the following
solely for purposes of complying with this chapter:
new text end
new text begin
(1) reidentify deidentified data;
new text end
new text begin
(2) maintain data in identifiable form, or collect, obtain, retain, or access any data or
technology, in order to be capable of associating an authenticated consumer request with
personal data; or
new text end
new text begin
(3) comply with an authenticated consumer request to access, correct, delete, or port
personal data pursuant to section 325O.05, subdivision 1, if all of the following are true:
new text end
new text begin
(i) the controller is not reasonably capable of associating the request with the personal
data, or it would be unreasonably burdensome for the controller to associate the request
with the personal data;
new text end
new text begin
(ii) the controller does not use the personal data to recognize or respond to the specific
consumer who is the subject of the personal data, or associate the personal data with other
personal data about the same specific consumer; and
new text end
new text begin
(iii) the controller does not sell the personal data to any third party or otherwise
voluntarily disclose the personal data to any third party other than a processor, except as
otherwise permitted in this section.
new text end
new text begin
(b) The rights contained in section 325O.05, subdivision 1, paragraphs (b) to (h), do not
apply to pseudonymous data in cases where the controller is able to demonstrate any
information necessary to identify the consumer is kept separately and is subject to effective
technical and organizational controls that prevent the controller from accessing the
information.
new text end
new text begin
(c) A controller that uses pseudonymous data or deidentified data must exercise reasonable
oversight to monitor compliance with any contractual commitments to which the
pseudonymous data or deidentified data are subject, and must take appropriate steps to
address any breaches of contractual commitments.
new text end
new text begin
(d) A processor or third party must not attempt to identify the subjects of deidentified
or pseudonymous data without the express authority of the controller that caused the data
to be deidentified or pseudonymized.
new text end
new text begin
(e) A controller, processor, or third party must not attempt to identify the subjects of
data that has been collected with only pseudonymous identifiers.
new text end
Sec. 8.
new text begin
[325O.07] RESPONSIBILITIES OF CONTROLLERS.
new text end
new text begin Subdivision 1. new text end
new text begin Transparency obligations. new text end
new text begin
(a) Controllers must provide consumers with
a reasonably accessible, clear, and meaningful privacy notice that includes:
new text end
new text begin
(1) the categories of personal data processed by the controller;
new text end
new text begin
(2) the purposes for which the categories of personal data are processed;
new text end
new text begin
(3) an explanation of the rights contained in section 325O.05 and how and where
consumers may exercise those rights, including how a consumer may appeal a controller's
action with regard to the consumer's request;
new text end
new text begin
(4) the categories of personal data that the controller sells to or shares with third parties,
if any;
new text end
new text begin
(5) the categories of third parties, if any, with whom the controller sells or shares personal
data;
new text end
new text begin
(6) the controller's contact information, including an active email address or other online
mechanism that the consumer may use to contact the controller;
new text end
new text begin
(7) a description of the controller's retention policies for personal data; and
new text end
new text begin
(8) the date the privacy notice was last updated.
new text end
new text begin
(b) If a controller sells personal data to third parties, processes personal data for targeted
advertising, or engages in profiling in furtherance of decisions that produce legal effects
concerning a consumer or similarly significant effects concerning a consumer, the controller
must disclose the processing in the privacy notice and provide access to a clear and
conspicuous method outside the privacy notice for a consumer to opt out of the sale,
processing, or profiling in furtherance of decisions that produce legal effects concerning a
consumer or similarly significant effects concerning a consumer. This method may include
but is not limited to an Internet hyperlink clearly labeled "Your Opt-Out Rights" or "Your
Privacy Rights" that directly effectuates the opt-out request or takes consumers to a web
page where the consumer can make the opt-out request.
new text end
new text begin
(c) The privacy notice must be made available to the public in each language in which
the controller provides a product or service that is subject to the privacy notice or carries
out activities related to the product or service.
new text end
new text begin
(d) The controller must provide the privacy notice in a manner that is reasonably
accessible to and usable by individuals with disabilities.
new text end
new text begin
(e) Whenever a controller makes a material change to the controller's privacy notice or
practices, the controller must notify consumers affected by the material change with respect
to any prospectively collected personal data and provide a reasonable opportunity for
consumers to withdraw consent to any further materially different collection, processing,
or transfer of previously collected personal data under the changed policy. The controller
shall take all reasonable electronic measures to provide notification regarding material
changes to affected consumers, taking into account available technology and the nature of
the relationship.
new text end
new text begin
(f) A controller is not required to provide a separate Minnesota-specific privacy notice
or section of a privacy notice if the controller's general privacy notice contains all the
information required by this section.
new text end
new text begin
(g) The privacy notice must be posted online through a conspicuous hyperlink using the
word "privacy" on the controller's website home page or on a mobile application's app store
page or download page. A controller that maintains an application on a mobile or other
device shall also include a hyperlink to the privacy notice in the application's settings menu
or in a similarly conspicuous and accessible location. A controller that does not operate a
website shall make the privacy notice conspicuously available to consumers through a
medium regularly used by the controller to interact with consumers, including but not limited
to mail.
new text end
new text begin Subd. 2. new text end
new text begin Use of data. new text end
new text begin
(a) A controller must limit the collection of personal data to what
is adequate, relevant, and reasonably necessary in relation to the purposes for which the
data are processed, which must be disclosed to the consumer.
new text end
new text begin
(b) Except as provided in this chapter, a controller may not process personal data for
purposes that are not reasonably necessary to, or compatible with, the purposes for which
the personal data are processed, as disclosed to the consumer, unless the controller obtains
the consumer's consent.
new text end
new text begin
(c) A controller shall establish, implement, and maintain reasonable administrative,
technical, and physical data security practices to protect the confidentiality, integrity, and
accessibility of personal data, including the maintenance of an inventory of the data that
must be managed to exercise these responsibilities. The data security practices shall be
appropriate to the volume and nature of the personal data at issue.
new text end
new text begin
(d) Except as otherwise provided in this act, a controller may not process sensitive data
concerning a consumer without obtaining the consumer's consent, or, in the case of the
processing of personal data concerning a known child, without obtaining consent from the
child's parent or lawful guardian, in accordance with the requirement of the Children's
Online Privacy Protection Act, United States Code, title 15, sections 6501 to 6506, and its
implementing regulations, rules, and exemptions.
new text end
new text begin
(e) A controller shall provide an effective mechanism for a consumer, or, in the case of
the processing of personal data concerning a known child, the child's parent or lawful
guardian, to revoke previously given consent under this subdivision. The mechanism provided
shall be at least as easy as the mechanism by which the consent was previously given. Upon
revocation of consent, a controller shall cease to process the applicable data as soon as
practicable, but not later than 15 days after the receipt of such request.
new text end
new text begin
(f) A controller may not process the personal data of a consumer for purposes of targeted
advertising, or sell the consumer's personal data, without the consumer's consent, under
circumstances where the controller knows that the consumer is between the ages of 13 and
16.
new text end
new text begin
(g) A controller may not retain personal data that is no longer relevant and reasonably
necessary in relation to the purposes for which the data were collected and processed, unless
retention of the data is otherwise required by law or permitted under section 325O.09.
new text end
new text begin Subd. 3. new text end
new text begin Nondiscrimination. new text end
new text begin
(a) A controller shall not process personal data on the
basis of a consumer's or a class of consumers' actual or perceived race, color, ethnicity,
religion, national origin, sex, gender, gender identity, sexual orientation, familial status,
lawful source of income, or disability in a manner that unlawfully discriminates against the
consumer or class of consumers with respect to the offering or provision of: housing,
employment, credit, or education; or the goods, services, facilities, privileges, advantages,
or accommodations of any place of public accommodation.
new text end
new text begin
(b) A controller may not discriminate against a consumer for exercising any of the rights
contained in this chapter, including denying goods or services to the consumer, charging
different prices or rates for goods or services, and providing a different level of quality of
goods and services to the consumer. This subdivision does not: (1) require a controller to
provide a good or service that requires the consumer's personal data that the controller does
not collect or maintain; or (2) prohibit a controller from offering a different price, rate, level,
quality, or selection of goods or services to a consumer, including offering goods or services
for no fee, if the offering is in connection with a consumer's voluntary participation in a
bona fide loyalty, rewards, premium features, discounts, or club card program.
new text end
new text begin
(c) A controller may not sell personal data to a third-party controller as part of a bona
fide loyalty, rewards, premium features, discounts, or club card program under paragraph
(b) unless:
new text end
new text begin
(1) the sale is reasonably necessary to enable the third party to provide a benefit to which
the consumer is entitled;
new text end
new text begin
(2) the sale of personal data to third parties is clearly disclosed in the terms of the
program; and
new text end
new text begin
(3) the third party uses the personal data only for purposes of facilitating a benefit to
which the consumer is entitled and does not retain or otherwise use or disclose the personal
data for any other purpose.
new text end
new text begin Subd. 4. new text end
new text begin Waiver of rights unenforceable. new text end
new text begin
Any provision of a contract or agreement of
any kind that purports to waive or limit in any way a consumer's rights under this chapter
is contrary to public policy and is void and unenforceable.
new text end
Sec. 9.
new text begin
[325O.075] REQUIREMENTS FOR SMALL BUSINESSES.
new text end
new text begin
(a) A small business, as defined by the United States Small Business Administration
under Code of Federal Regulations, title 13, part 121, that conducts business in Minnesota
or produces products or services that are targeted to residents of Minnesota, must not sell
a consumer's sensitive data without the consumer's prior consent.
new text end
new text begin
(b) Penalties and attorney general enforcement procedures under section 325O.10 apply
to a small business that violates this section.
new text end
Sec. 10.
new text begin
[325O.08] DATA PRIVACY POLICIES AND DATA PRIVACY AND
PROTECTION ASSESSMENTS.
new text end
new text begin
(a) A controller must document and maintain a description of the policies and procedures
the controller has adopted to comply with this chapter. The description must include, where
applicable:
new text end
new text begin
(1) the name and contact information for the controller's chief privacy officer or other
individual with primary responsibility for directing the policies and procedures implemented
to comply with the provisions of this chapter; and
new text end
new text begin
(2) a description of the controller's data privacy policies and procedures which reflect
the requirements in section 325O.07, and any policies and procedures designed to:
new text end
new text begin
(i) reflect the requirements of this chapter in the design of the controller's systems;
new text end
new text begin
(ii) identify and provide personal data to a consumer as required by this chapter;
new text end
new text begin
(iii) establish, implement, and maintain reasonable administrative, technical, and physical
data security practices to protect the confidentiality, integrity, and accessibility of personal
data, including the maintenance of an inventory of the data that must be managed to exercise
the responsibilities under this item;
new text end
new text begin
(iv) limit the collection of personal data to what is adequate, relevant, and reasonably
necessary in relation to the purposes for which the data are processed;
new text end
new text begin
(v) prevent the retention of personal data that is no longer relevant and reasonably
necessary in relation to the purposes for which the data were collected and processed, unless
retention of the data is otherwise required by law or permitted under section 325O.09; and
new text end
new text begin
(vi) identify and remediate violations of this chapter.
new text end
new text begin
(b) A controller must conduct and document a data privacy and protection assessment
for each of the following processing activities involving personal data:
new text end
new text begin
(1) the processing of personal data for purposes of targeted advertising;
new text end
new text begin
(2) the sale of personal data;
new text end
new text begin
(3) the processing of sensitive data;
new text end
new text begin
(4) any processing activities involving personal data that present a heightened risk of
harm to consumers; and
new text end
new text begin
(5) the processing of personal data for purposes of profiling, where the profiling presents
a reasonably foreseeable risk of:
new text end
new text begin
(i) unfair or deceptive treatment of, or disparate impact on, consumers;
new text end
new text begin
(ii) financial, physical, or reputational injury to consumers;
new text end
new text begin
(iii) a physical or other intrusion upon the solitude or seclusion, or the private affairs or
concerns, of consumers, where the intrusion would be offensive to a reasonable person; or
new text end
new text begin
(iv) other substantial injury to consumers.
new text end
new text begin
(c) A data privacy and protection assessment must take into account the type of personal
data to be processed by the controller, including the extent to which the personal data are
sensitive data, and the context in which the personal data are to be processed.
new text end
new text begin
(d) A data privacy and protection assessment must identify and weigh the benefits that
may flow directly and indirectly from the processing to the controller, consumer, other
stakeholders, and the public against the potential risks to the rights of the consumer associated
with the processing, as mitigated by safeguards that can be employed by the controller to
reduce the potential risks. The use of deidentified data and the reasonable expectations of
consumers, as well as the context of the processing and the relationship between the controller
and the consumer whose personal data will be processed, must be factored into this
assessment by the controller.
new text end
new text begin
(e) A data privacy and protection assessment must include the description of policies
and procedures required by paragraph (a).
new text end
new text begin
(f) As part of a civil investigative demand, the attorney general may request, in writing,
that a controller disclose any data privacy and protection assessment that is relevant to an
investigation conducted by the attorney general. The controller must make a data privacy
and protection assessment available to the attorney general upon a request made under this
paragraph. The attorney general may evaluate the data privacy and protection assessments
for compliance with this chapter. Data privacy and protection assessments are classified as
nonpublic data, as defined by section 13.02, subdivision 9. The disclosure of a data privacy
and protection assessment pursuant to a request from the attorney general under this
paragraph does not constitute a waiver of the attorney-client privilege or work product
protection with respect to the assessment and any information contained in the assessment.
new text end
new text begin
(g) Data privacy and protection assessments or risk assessments conducted by a controller
for the purpose of compliance with other laws or regulations may qualify under this section
if the assessments have a similar scope and effect.
new text end
new text begin
(h) A single data protection assessment may address multiple sets of comparable
processing operations that include similar activities.
new text end
Sec. 11.
new text begin
[325O.09] LIMITATIONS AND APPLICABILITY.
new text end
new text begin
(a) The obligations imposed on controllers or processors under this chapter do not restrict
a controller's or a processor's ability to:
new text end
new text begin
(1) comply with federal, state, or local laws, rules, or regulations, including but not
limited to data retention requirements in state or federal law notwithstanding a consumer's
request to delete personal data;
new text end
new text begin
(2) comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or
summons by federal, state, local, or other governmental authorities;
new text end
new text begin
(3) cooperate with law enforcement agencies concerning conduct or activity that the
controller or processor reasonably and in good faith believes may violate federal, state, or
local laws, rules, or regulations;
new text end
new text begin
(4) investigate, establish, exercise, prepare for, or defend legal claims;
new text end
new text begin
(5) provide a product or service specifically requested by a consumer; perform a contract
to which the consumer is a party, including fulfilling the terms of a written warranty; or
take steps at the request of the consumer prior to entering into a contract;
new text end
new text begin
(6) take immediate steps to protect an interest that is essential for the life or physical
safety of the consumer or of another natural person, and where the processing cannot be
manifestly based on another legal basis;
new text end
new text begin
(7) prevent, detect, protect against, or respond to security incidents, identity theft, fraud,
harassment, malicious or deceptive activities, or any illegal activity; preserve the integrity
or security of systems; or investigate, report, or prosecute those responsible for any such
action;
new text end
new text begin
(8) assist another controller, processor, or third party with any of the obligations under
this paragraph;
new text end
new text begin
(9) engage in public or peer-reviewed scientific, historical, or statistical research in the
public interest that adheres to all other applicable ethics and privacy laws and is approved,
monitored, and governed by an institutional review board, human subjects research ethics
review board, or a similar independent oversight entity that has determined:
new text end
new text begin
(i) the research is likely to provide substantial benefits that do not exclusively accrue to
the controller;
new text end
new text begin
(ii) the expected benefits of the research outweigh the privacy risks; and
new text end
new text begin
(iii) the controller has implemented reasonable safeguards to mitigate privacy risks
associated with research, including any risks associated with reidentification; or
new text end
new text begin
(10) process personal data for the benefit of the public in the areas of public health,
community health, or population health, but only to the extent that the processing is:
new text end
new text begin
(i) subject to suitable and specific measures to safeguard the rights of the consumer
whose personal data is being processed; and
new text end
new text begin
(ii) under the responsibility of a professional individual who is subject to confidentiality
obligations under federal, state, or local law.
new text end
new text begin
(b) The obligations imposed on controllers or processors under this chapter do not restrict
a controller's or processor's ability to collect, use, or retain data to:
new text end
new text begin
(1) effectuate a product recall or identify and repair technical errors that impair existing
or intended functionality;
new text end
new text begin
(2) perform internal operations that are reasonably aligned with the expectations of the
consumer based on the consumer's existing relationship with the controller, or are otherwise
compatible with processing in furtherance of the provision of a product or service specifically
requested by a consumer or the performance of a contract to which the consumer is a party;
or
new text end
new text begin
(3) conduct internal research to develop, improve, or repair products, services, or
technology.
new text end
new text begin
(c) The obligations imposed on controllers or processors under this chapter do not apply
where compliance by the controller or processor with this chapter would violate an
evidentiary privilege under Minnesota law and do not prevent a controller or processor from
providing personal data concerning a consumer to a person covered by an evidentiary
privilege under Minnesota law as part of a privileged communication.
new text end
new text begin
(d) A controller or processor that discloses personal data to a third-party controller or
processor in compliance with the requirements of this chapter is not in violation of this
chapter if the recipient processes the personal data in violation of this chapter, provided that
at the time of disclosing the personal data, the disclosing controller or processor did not
have actual knowledge that the recipient intended to commit a violation. A third-party
controller or processor receiving personal data from a controller or processor in compliance
with the requirements of this chapter is not in violation of this chapter for the obligations
of the controller or processor from which the third-party controller or processor receives
the personal data.
new text end
new text begin
(e) Obligations imposed on controllers and processors under this chapter shall not:
new text end
new text begin
(1) adversely affect the rights or freedoms of any persons, including exercising the right
of free speech pursuant to the First Amendment of the United States Constitution; or
new text end
new text begin
(2) apply to the processing of personal data by a natural person in the course of a purely
personal or household activity.
new text end
new text begin
(f) Personal data that are processed by a controller pursuant to this section may be
processed solely to the extent that the processing is:
new text end
new text begin
(1) necessary, reasonable, and proportionate to the purposes listed in this section;
new text end
new text begin
(2) adequate, relevant, and limited to what is necessary in relation to the specific purpose
or purposes listed in this section; and
new text end
new text begin
(3) insofar as possible, taking into account the nature and purpose of processing the
personal data, subjected to reasonable administrative, technical, and physical measures to
protect the confidentiality, integrity, and accessibility of the personal data, and to reduce
reasonably foreseeable risks of harm to consumers.
new text end
new text begin
(g) If a controller processes personal data pursuant to an exemption in this section, the
controller bears the burden of demonstrating that the processing qualifies for the exemption
and complies with the requirements in paragraph (f).
new text end
new text begin
(h) Processing personal data solely for the purposes expressly identified in paragraph
(a), clauses (1) to (7), does not, by itself, make an entity a controller with respect to the
processing.
new text end
Sec. 12.
new text begin
[325O.10] ATTORNEY GENERAL ENFORCEMENT.
new text end
new text begin
(a) In the event that a controller or processor violates this chapter, the attorney general,
prior to filing an enforcement action under paragraph (b), must provide the controller or
processor with a warning letter identifying the specific provisions of this chapter the attorney
general alleges have been or are being violated. If, after 30 days of issuance of the warning
letter, the attorney general believes the controller or processor has failed to cure any alleged
violation, the attorney general may bring an enforcement action under paragraph (b). This
paragraph expires January 31, 2026.
new text end
new text begin
(b) The attorney general may bring a civil action against a controller or processor to
enforce a provision of this chapter in accordance with section 8.31. If the state prevails in
an action to enforce this chapter, the state may, in addition to penalties provided by paragraph
(c) or other remedies provided by law, be allowed an amount determined by the court to be
the reasonable value of all or part of the state's litigation expenses incurred.
new text end
new text begin
(c) Any controller or processor that violates this chapter is subject to an injunction and
liable for a civil penalty of not more than $7,500 for each violation.
new text end
new text begin
(d) Nothing in this chapter establishes a private right of action, including under section
8.31, subdivision 3a, for a violation of this chapter or any other law.
new text end
Sec. 13.
new text begin
[325O.11] PREEMPTION OF LOCAL LAW; SEVERABILITY.
new text end
new text begin
(a) This chapter supersedes and preempts laws, ordinances, regulations, or the equivalent
adopted by any local government regarding the processing of personal data by controllers
or processors.
new text end
new text begin
(b) If any provision of this chapter or the chapter's application to any person or
circumstance is held invalid, the remainder of the chapter or the application of the provision
to other persons or circumstances is not affected.
new text end
Sec. 14. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective July 31, 2025, except that postsecondary institutions regulated
by the Office of Higher Education are not required to comply with this article until July 31,
2029.
new text end
ARTICLE 5
AGRICULTURE APPROPRIATIONS
Section 1.
Laws 2023, chapter 43, article 1, section 2, is amended to read:
Sec. 2. DEPARTMENT OF AGRICULTURE
|
||||||
Subdivision 1.Total Appropriation
|
$ |
deleted text begin
92,025,000
deleted text end
new text begin
88,025,000 new text end |
$ |
deleted text begin
72,223,000
deleted text end
new text begin
80,518,000 new text end |
||
| Appropriations by Fund |
||
| 2024 |
2025 |
|
| General |
deleted text begin 91,626,000 deleted text end new text begin 87,626,000 new text end |
deleted text begin 71,824,000 deleted text end new text begin 80,119,000 new text end |
| Remediation |
399,000 |
399,000 |
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
Subd. 2.Protection Services
|
||||||
| Appropriations by Fund |
||
| 2024 |
2025 |
|
| General |
deleted text begin
32,034,000 deleted text end new text begin 32,034,000 new text end |
deleted text begin
18,743,000 deleted text end new text begin 22,438,000 new text end |
| Remediation |
399,000 |
399,000 |
(a) $399,000 the first year and $399,000 the
second year are from the remediation fund for
administrative funding for the voluntary
cleanup program.
(b) $625,000 the first year and deleted text begin $625,000deleted text end new text begin
$925,000new text end the second year are for the soil
health financial assistance program under
Minnesota Statutes, section 17.134. The
commissioner may award no more than
$50,000 of the appropriation each year to a
single recipient. The commissioner may use
up to 6.5 percent of this appropriation for costs
incurred to administer the program. Any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. Appropriations encumbered
under contract on or before June 30, 2025, for
soil health financial assistance grants are
available until June 30, 2027. The base for this
appropriation is $639,000 in fiscal year 2026
and each year thereafter.
(c) $800,000 the first year deleted text begin isdeleted text end new text begin and $100,000 the
second year arenew text end for transfer to the pollinator
research account established under Minnesota
Statutes, section 18B.051. The base for this
transfer is $100,000 in fiscal year 2026 and
each year thereafter.
(d) $150,000 the first year and $150,000 the
second year are for transfer to the noxious
weed and invasive plant species assistance
account established under Minnesota Statutes,
section 18.89, to award grants under
Minnesota Statutes, section 18.90, to counties,
municipalities, and other weed management
entities, including Minnesota Tribal
governments as defined in Minnesota Statutes,
section 10.65. This is a onetime appropriation.
(e) $175,000 the first year and $175,000 the
second year are for compensation for
destroyed or crippled livestock under
Minnesota Statutes, section 3.737. The first
year appropriation may be spent to compensate
for livestock that were destroyed or crippled
during fiscal year 2023. If the amount in the
first year is insufficient, the amount in the
second year is available in the first year. The
commissioner may use up to $5,000 each year
to reimburse expenses incurred by university
extension educators to provide fair market
values of destroyed or crippled livestock. If
the commissioner receives federal dollars to
pay claims for destroyed or crippled livestock,
an equivalent amount of this appropriation
may be used to reimburse nonlethal prevention
methods performed by federal wildlife services
staff.
(f) $155,000 the first year and $155,000 the
second year are for compensation for crop
damage under Minnesota Statutes, section
3.7371. If the amount in the first year is
insufficient, the amount in the second year is
available in the first year. The commissioner
may use up to $10,000 of the appropriation
each year to reimburse expenses incurred by
the commissioner or the commissioner's
approved agent to investigate and resolve
claims, as well as for costs associated with
training for approved agents. The
commissioner may use up to $40,000 of the
appropriation each year to make grants to
producers for measures to protect stored crops
from elk damage. If the commissioner
determines that claims made under Minnesota
Statutes, section 3.737 or 3.7371, are
unusually high, amounts appropriated for
either program may be transferred to the
appropriation for the other program.
(g) $825,000 the first year and $825,000 the
second year are to replace capital equipment
in the Department of Agriculture's analytical
laboratory.
(h) $75,000 the first year and $75,000 the
second year are to support a meat processing
liaison position to assist new or existing meat
and poultry processing operations in getting
started, expanding, growing, or transitioning
into new business models.
(i) $2,200,000 the first year and $1,650,000
the second year are additional funding to
maintain the current level of service delivery
for programs under this subdivision. The base
for this appropriation is $1,925,000 for fiscal
year 2026 and each year thereafter.
(j) $250,000 the first year and $250,000 the
second year are for grants to organizations in
Minnesota to develop enterprises, supply
chains, and markets for continuous-living
cover crops and cropping systems in the early
stages of commercial development. For the
purposes of this paragraph, "continuous-living
cover crops and cropping systems" refers to
agroforestry, perennial biomass, perennial
forage, perennial grains, and winter-annual
cereal grains and oilseeds that have market
value as harvested or grazed commodities. By
February 1 each year, the commissioner must
submit a report to the chairs and ranking
minority members of the legislative
committees with jurisdiction over agriculture
finance and policy detailing uses of the funds
in this paragraph, including administrative
costs, and the achievements these funds
contributed to. The commissioner may use up
to 6.5 percent of this appropriation for
administrative costs. This is a onetime
appropriation.
(k) $45,000 the first year and $45,000 the
second year are appropriated for
wolf-livestock conflict-prevention grants. The
commissioner may use some of this
appropriation to support nonlethal prevention
work performed by federal wildlife services.
This is a onetime appropriation.
(l) $10,000,000 the first year is for transfer to
the grain indemnity account established in
Minnesota Statutes, section 223.24. This is a
onetime transfer.
(m) $125,000 the first year and $125,000 the
second year are for the PFAS in pesticides
review. This is a onetime appropriation.
(n) $1,941,000 the first year is for transfer to
the food handler license account. This is a
onetime transfer.
new text begin
(o) $3,072,000 the second year is for nitrate
home water treatment, including reverse
osmosis, for private drinking-water wells with
nitrate in excess of the maximum contaminant
level of ten milligrams per liter and located in
Dodge, Fillmore, Goodhue, Houston, Mower,
Olmsted, Wabasha, or Winona County. The
commissioner must prioritize households at
or below 300 percent of the federal poverty
guideline and households with infants or
pregnant individuals. The commissioner may
also use this appropriation for education,
outreach, and technical assistance to
homeowners. Notwithstanding Minnesota
Statutes, section 16B.98, subdivision 14, the
commissioner may use up to 6.5 percent of
this appropriation for administrative costs.
This is a onetime appropriation and is
available until June 30, 2027.
new text end
new text begin
(p) $223,000 the second year is for transfer to
the commissioner of health for the private well
drinking-water assistance program. This is a
onetime transfer and is available until June
30, 2027.
new text end
Subd. 3.Agricultural Marketing and
|
5,165,000 |
4,985,000 |
||||
(a) $150,000 the first year and $150,000 the
second year are to expand international trade
opportunities and markets for Minnesota
agricultural products.
(b) $186,000 the first year and $186,000 the
second year are for transfer to the Minnesota
grown account and may be used as grants for
Minnesota grown promotion under Minnesota
Statutes, section 17.102. Notwithstanding
Minnesota Statutes, section 16A.28, the
appropriations encumbered under contract on
or before June 30, 2025, for Minnesota grown
grants in this paragraph are available until June
30, 2027.
(c) $634,000 the first year and $634,000 the
second year are for the continuation of the
dairy development and profitability
enhancement programs, including dairy
profitability teams and dairy business planning
grants under Minnesota Statutes, section
32D.30.
(d) The commissioner may use funds
appropriated in this subdivision for annual
cost-share payments to resident farmers or
entities that sell, process, or package
agricultural products in this state for the costs
of organic certification. The commissioner
may allocate these funds for assistance to
persons transitioning from conventional to
organic agriculture.
(e) $600,000 the first year and $420,000 the
second year are to maintain the current level
of service delivery. The base for this
appropriation is deleted text begin $490,000deleted text end new text begin $510,000new text end for fiscal
year 2026 and each year thereafter.
(f) $100,000 the first year and $100,000 the
second year are for mental health outreach and
support to farmers, ranchers, and others in the
agricultural community and for farm safety
grant and outreach programs under Minnesota
Statutes, section 17.1195. Mental health
outreach and support may include a 24-hour
hotline, stigma reduction, and education.
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance does not
cancel at the end of the first year and is
available in the second year. This is a onetime
appropriation.
(g) $100,000 the first year and $100,000 the
second year are to award and administer grants
deleted text begin for infrastructuredeleted text end new text begin and other forms of financial
assistancenew text end to support EBT, SNAP, SFMNP,
and related programs at farmers markets.
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance does not
cancel at the end of the first year and is
available in the second year. This is a onetime
appropriation.
(h) $200,000 the first year and $200,000 the
second year are to award cooperative grants
under Minnesota Statutes, section 17.1016.
The commissioner may use up to 6.5 percent
of the appropriation each year to administer
the grant program. Notwithstanding Minnesota
Statutes, section 16A.28, any unencumbered
balance does not cancel at the end of the first
year and is available in the second year. This
is a onetime appropriation.
Subd. 4.Agriculture, Bioenergy, and Bioproduct
|
deleted text begin
37,809,000 deleted text end new text begin 33,809,000 new text end |
deleted text begin
33,809,000 deleted text end new text begin 38,109,000 new text end |
||||
(a) $10,702,000 the first year and $10,702,000
the second year are for the agriculture
research, education, extension, and technology
transfer program under Minnesota Statutes,
section 41A.14. Except as provided below,
the appropriation each year is for transfer to
the agriculture research, education, extension,
and technology transfer account under
Minnesota Statutes, section 41A.14,
subdivision 3, and the commissioner shall
transfer funds each year to the Board of
Regents of the University of Minnesota for
purposes of Minnesota Statutes, section
41A.14. To the extent practicable, money
expended under Minnesota Statutes, section
41A.14, subdivision 1, clauses (1) and (2),
must supplement and not supplant existing
sources and levels of funding. The
commissioner may use up to one percent of
this appropriation for costs incurred to
administer the program.
Of the amount appropriated for the agriculture
research, education, extension, and technology
transfer grant program under Minnesota
Statutes, section 41A.14:
(1) $600,000 the first year and $600,000 the
second year are for the Minnesota Agricultural
Experiment Station's agriculture rapid
response fund under Minnesota Statutes,
section 41A.14, subdivision 1, clause (2);
(2) up to $1,000,000 the first year and up to
$1,000,000 the second year are for research
on avian influenza, salmonella, and other
turkey-related diseases and disease prevention
measures;
(3) $2,250,000 the first year and $2,250,000
the second year are for grants to the Minnesota
Agricultural Education Leadership Council to
enhance agricultural education with priority
given to Farm Business Management
challenge grants;
(4) $450,000 the first year is for the cultivated
wild rice breeding project at the North Central
Research and Outreach Center to include a
tenure track/research associate plant breeder;
(5) $350,000 the first year and $350,000 the
second year are for potato breeding;
(6) $802,000 the first year and $802,000 the
second year are to fund the Forever Green
Initiative and protect the state's natural
resources while increasing the efficiency,
profitability, and productivity of Minnesota
farmers by incorporating perennial and
winter-annual crops into existing agricultural
practices. The base for the allocation under
this clause is $802,000 in fiscal year 2026 and
each year thereafter. By February 1 each year,
the dean of the College of Food, Agricultural
and Natural Resource Sciences must submit
a report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over agriculture finance and policy
and higher education detailing uses of the
funds in this paragraph, including
administrative costs, and the achievements
these funds contributed to; and
(7) $350,000 each year is for farm-scale winter
greenhouse research and development
coordinated by University of Minnesota
Extension Regional Sustainable Development
Partnerships. The allocation in this clause is
onetime.
(b) The base for the agriculture research,
education, extension, and technology transfer
program is $10,352,000 in fiscal year 2026
and $10,352,000 in fiscal year 2027.
(c) deleted text begin $27,107,000deleted text end new text begin $23,107,000new text end the first year deleted text begin and
$23,107,000 the second year aredeleted text end new text begin isnew text end for the
agricultural growth, research, and innovation
program under Minnesota Statutes, section
41A.12. Except as provided below, the
commissioner may allocate this appropriation
deleted text begin each yeardeleted text end among the following areas:
facilitating the start-up, modernization,
improvement, or expansion of livestock
operations, including beginning and
transitioning livestock operations with
preference given to robotic dairy-milking
equipment; assisting value-added agricultural
businesses to begin or expand, to access new
markets, or to diversify, including aquaponics
systems, with preference given to hemp fiber
processing equipment; facilitating the start-up,
modernization, or expansion of other
beginning and transitioning farms, including
by providing loans under Minnesota Statutes,
section 41B.056; sustainable agriculture
on-farm research and demonstration; the
development or expansion of food hubs and
other alternative community-based food
distribution systems; enhancing renewable
energy infrastructure and use; crop research,
including basic and applied turf seed research;
Farm Business Management tuition assistance;
and good agricultural practices and good
handling practices certification assistance. The
commissioner may use up to 6.5 percent of
this appropriation for costs incurred to
administer the program.
Of the amount appropriated for the agricultural
growth, research, and innovation program
under Minnesota Statutes, section 41A.12:
(1) $1,000,000 the first year deleted text begin and $1,000,000
the second year aredeleted text end new text begin isnew text end for distribution in equal
amounts to each of the state's county fairs to
preserve and promote Minnesota agriculture;
(2) $5,750,000 the first year deleted text begin and $5,750,000
the second year aredeleted text end new text begin isnew text end for incentive payments
under Minnesota Statutes, sections 41A.16,
41A.17, 41A.18, and 41A.20. Notwithstanding
Minnesota Statutes, section 16A.28, the first
year appropriation is available until June 30,
2025deleted text begin , and the second year appropriation is
available until June 30, 2026deleted text end . If this
appropriation exceeds the total amount for
which all producers are eligible in a fiscal
year, the balance of the appropriation is
available for other purposes under this
paragraphdeleted text begin . The base under this clause is
$3,000,000 in fiscal year 2026 and each year
thereafterdeleted text end ;
(3) $3,375,000 the first year deleted text begin and $3,375,000
the second year aredeleted text end new text begin isnew text end for grants that enable
retail petroleum dispensers, fuel storage tanks,
and other equipment to dispense biofuels to
the public in accordance with the biofuel
replacement goals established under
Minnesota Statutes, section 239.7911. A retail
petroleum dispenser selling petroleum for use
in spark ignition engines for vehicle model
years after 2000 is eligible for grant money
under this clause if the retail petroleum
dispenser has no more than 10 retail petroleum
dispensing sites and each site is located in
Minnesota. The grant money must be used to
replace or upgrade equipment that does not
have the ability to be certified for E25. A grant
award must not exceed 65 percent of the cost
of the appropriate technology. A grant award
must not exceed $200,000 per station. The
commissioner must cooperate with biofuel
stakeholders in the implementation of the grant
program. The commissioner, in cooperation
with any economic or community development
financial institution and any other entity with
which the commissioner contracts, must
submit a report on the biofuels infrastructure
financial assistance program by January 15 of
each year to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over agriculture
policy and finance. The annual report must
include but not be limited to a summary of the
following metrics: (i) the number and types
of projects financed; (ii) the amount of dollars
leveraged or matched per project; (iii) the
geographic distribution of financed projects;
(iv) any market expansion associated with
upgraded infrastructure; (v) the demographics
of the areas served; (vi) the costs of the
program; and (vii) the number of grants to
minority-owned or female-owned businessesdeleted text begin .
The base under this clause is $3,000,000 for
fiscal year 2026 and each year thereafterdeleted text end ;
(4) $1,250,000 the first year deleted text begin and $1,250,000
the second year aredeleted text end new text begin isnew text end for grants to facilitate
the start-up, modernization, or expansion of
meat, poultry, egg, and milk processing
facilities. A grant award under this clause must
not exceed $200,000. Any unencumbered
balance at the end of the second year does not
cancel until June 30, 2026, and may be used
for other purposes under this paragraphdeleted text begin . The
base under this clause is $250,000 in fiscal
year 2026 and each year thereafterdeleted text end ;
(5) $1,150,000 the first year deleted text begin and $1,150,000
the second year aredeleted text end new text begin isnew text end for providing more
fruits, vegetables, meat, poultry, grain, and
dairy for children in school and early
childhood education deleted text begin centersdeleted text end new text begin settingsnew text end ,
including, at the commissioner's discretion,
providing grants to reimburse schools and
early childhood education deleted text begin centersdeleted text end new text begin and child
care providersnew text end for purchasing equipment and
agricultural products.new text begin Organizations must
participate in the National School Lunch
Program or the Child and Adult Care Food
Program to be eligible.new text end Of the amount
appropriated, $150,000 deleted text begin each yeardeleted text end is for a
statewide coordinator of farm-to-institution
strategy and programming. The coordinator
must consult with relevant stakeholders and
provide technical assistance and training for
participating farmers and eligible grant
recipientsdeleted text begin . The base under this clause is
$1,294,000 in fiscal year 2026 and each year
thereafterdeleted text end ;
deleted text begin
(6) $4,000,000 the first year is for Dairy
Assistance, Investment, Relief Initiative
(DAIRI) grants and other forms of financial
assistance to Minnesota dairy farms that enroll
in coverage under a federal dairy risk
protection program and produced no more
than 16,000,000 pounds of milk in 2022. The
commissioner must make DAIRI payments
based on the amount of milk produced in
2022, up to 5,000,000 pounds per participating
farm, at a rate determined by the commissioner
within the limits of available funding. Any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. Any unencumbered balance at
the end of the second year does not cancel
until June 30, 2026, and may be used for other
purposes under this paragraph. The allocation
in this clause is onetime;
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end $2,000,000 the first year deleted text begin and
$2,000,000 the second year aredeleted text end new text begin isnew text end for urban
youth agricultural education or urban
agriculture community development; and
deleted text begin (8)deleted text end new text begin (7)new text end $1,000,000 the first year deleted text begin and
$1,000,000 the second year aredeleted text end new text begin isnew text end for the good
food access program under Minnesota
Statutes, section 17.1017.
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance does not
cancel at the end of the first year and is
available for the second year, and
appropriations encumbered under contract on
or before June 30, 2025, for agricultural
growth, research, and innovation grants are
available until June 30, 2028.
new text begin
(d) $27,407,000 the second year is for the
agricultural growth, research, and innovation
program under Minnesota Statutes, section
41A.12. Except as provided below, the
commissioner may allocate this appropriation
among the following areas: facilitating the
start-up, modernization, improvement, or
expansion of livestock operations, including
beginning and transitioning livestock
operations with preference given to robotic
dairy-milking equipment; assisting
value-added agricultural businesses to begin
or expand, to access new markets, or to
diversify, including aquaponics systems, with
preference given to hemp fiber processing
equipment; facilitating the start-up,
modernization, or expansion of other
beginning and transitioning farms, including
by providing loans under Minnesota Statutes,
section 41B.056; sustainable agriculture
on-farm research and demonstration; the
development or expansion of food hubs and
other alternative community-based food
distribution systems; enhancing renewable
energy infrastructure and use; crop research,
including basic and applied turf seed research;
Farm Business Management tuition assistance;
and good agricultural practices and good
handling practices certification assistance. The
commissioner may use up to 6.5 percent of
this appropriation for costs incurred to
administer the program.
new text end
new text begin
Of the amount appropriated for the agricultural
growth, research, and innovation program
under Minnesota Statutes, section 41A.12:
new text end
new text begin
(1) $1,000,000 the second year is for
distribution in equal amounts to each of the
state's county fairs to preserve and promote
Minnesota agriculture;
new text end
new text begin
(2) $5,750,000 the second year is for incentive
payments under Minnesota Statutes, sections
41A.16, 41A.17, 41A.18, and 41A.20.
Notwithstanding Minnesota Statutes, section
16A.28, this appropriation is available until
June 30, 2027. If this appropriation exceeds
the total amount for which all producers are
eligible in a fiscal year, the balance of the
appropriation is available for other purposes
under this paragraph. The base under this
clause is $3,000,000 in fiscal year 2026 and
each year thereafter;
new text end
new text begin
(3) $3,475,000 the second year is for grants
that enable retail petroleum dispensers, fuel
storage tanks, and other equipment to dispense
biofuels to the public in accordance with the
biofuel replacement goals established under
Minnesota Statutes, section 239.7911. A retail
petroleum dispenser selling petroleum for use
in spark ignition engines for vehicle model
years after 2000 is eligible for grant money
under this clause if the retail petroleum
dispenser has no more than ten retail
petroleum dispensing sites and each site is
located in Minnesota. The grant money must
be used to replace or upgrade equipment that
does not have the ability to be certified for
E25. A grant award must not exceed 65
percent of the cost of the appropriate
technology. A grant award must not exceed
$200,000 per station. The commissioner must
cooperate with biofuel stakeholders in the
implementation of the grant program. The
commissioner, in cooperation with any
economic or community development
financial institution and any other entity with
which the commissioner contracts, must
submit a report on the biofuels infrastructure
financial assistance program by January 15 of
each year to the chairs and ranking minority
members of the legislative committees and
divisions with jurisdiction over agriculture
policy and finance. The annual report must
include but not be limited to a summary of the
following metrics: (i) the number and types
of projects financed; (ii) the amount of money
leveraged or matched per project; (iii) the
geographic distribution of financed projects;
(iv) any market expansion associated with
upgraded infrastructure; (v) the demographics
of the areas served; (vi) the costs of the
program; and (vii) the number of grants to
minority-owned or female-owned businesses.
The base under this clause is $3,000,000 for
fiscal year 2026 and each year thereafter;
new text end
new text begin
(4) $1,250,000 the second year is for grants
to facilitate the start-up, modernization, or
expansion of meat, poultry, egg, and milk
processing facilities. A grant award under this
clause must not exceed $200,000. Any
unencumbered balance at the end of the second
year does not cancel until June 30, 2027, and
may be used for other purposes under this
paragraph. The base under this clause is
$250,000 in fiscal year 2026 and each year
thereafter;
new text end
new text begin
(5) $1,350,000 the second year is for providing
more fruits, vegetables, meat, poultry, grain,
and dairy for children in school and early
childhood education settings, including, at the
commissioner's discretion, providing grants
to reimburse schools and early childhood
education and child care providers for
purchasing equipment and agricultural
products. Organizations must participate in
the National School Lunch Program or the
Child and Adult Care Food Program to be
eligible. Of the amount appropriated, $150,000
is for a statewide coordinator of
farm-to-institution strategy and programming.
The coordinator must consult with relevant
stakeholders and provide technical assistance
and training for participating farmers and
eligible grant recipients. The base under this
clause is $1,294,000 in fiscal year 2026 and
each year thereafter;
new text end
new text begin
(6) $4,000,000 the second year is for Dairy
Assistance, Investment, Relief Initiative
(DAIRI) grants and other forms of financial
assistance to Minnesota dairy farms that enroll
in coverage under a federal dairy risk
protection program and produced no more
than 16,000,000 pounds of milk in 2022. The
commissioner must make DAIRI payments
based on the amount of milk produced in
2022, up to 5,000,000 pounds per participating
farm, at a rate determined by the commissioner
within the limits of available funding. Any
unencumbered balance on June 30, 2026, may
be used for other purposes under this
paragraph. The allocation in this clause is
onetime;
new text end
new text begin
(7) $2,000,000 the second year is for urban
youth agricultural education or urban
agriculture community development; and
new text end
new text begin
(8) $1,000,000 the second year is for the good
food access program under Minnesota
Statutes, section 17.1017.
new text end
new text begin
Notwithstanding Minnesota Statutes, section
16A.28, any unencumbered balance does not
cancel at the end of the second year and is
available until June 30, 2027. Appropriations
encumbered under contract on or before June
30, 2027, for agricultural growth, research,
and innovation grants are available until June
30, 2030.
new text end
deleted text begin (d)deleted text end new text begin (e)new text end The base for the agricultural growth,
research, and innovation program is
deleted text begin $16,294,000deleted text end new text begin $17,582,000new text end in fiscal year 2026
and each year thereafter and includes $200,000
each year for cooperative development grants.
Subd. 5.Administration and Financial
|
16,618,000 |
deleted text begin
14,287,000 deleted text end new text begin 14,587,000 new text end |
||||
(a) $474,000 the first year and $474,000 the
second year are for payments to county and
district agricultural societies and associations
under Minnesota Statutes, section 38.02,
subdivision 1. Aid payments to county and
district agricultural societies and associations
must be disbursed no later than July 15 of each
year. These payments are the amount of aid
from the state for an annual fair held in the
previous calendar year.
(b) $350,000 the first year and $350,000 the
second year are for grants to the Minnesota
Agricultural Education and Leadership
Council for programs of the council under
Minnesota Statutes, chapter 41D. The base for
this appropriation is $250,000 in fiscal year
2026 and each year thereafter.
(c) $2,000 the first year is for a grant to the
Minnesota State Poultry Association. This is
a onetime appropriation. Notwithstanding
Minnesota Statutes, section 16A.28, any
unencumbered balance does not cancel at the
end of the first year and is available for the
second year.
(d) $18,000 the first year and $18,000 the
second year are for grants to the Minnesota
Livestock Breeders Association. This is a
onetime appropriation.
(e) $60,000 the first year and $60,000 the
second year are for grants to the Northern
Crops Institute that may be used to purchase
equipment. This is a onetime appropriation.
(f) $34,000 the first year and $34,000 the
second year are for grants to the Minnesota
State Horticultural Society. This is a onetime
appropriation.
(g) $25,000 the first year and $25,000 the
second year are for grants to the Center for
Rural Policy and Development. This is a
onetime appropriation.
(h) $75,000 the first year and $75,000 the
second year are appropriated from the general
fund to the commissioner of agriculture for
grants to the Minnesota Turf Seed Council for
basic and applied research on: (1) the
improved production of forage and turf seed
related to new and improved varieties; and (2)
native plants, including plant breeding,
nutrient management, pest management,
disease management, yield, and viability. The
Minnesota Turf Seed Council may subcontract
with a qualified third party for some or all of
the basic or applied research. Any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. The Minnesota Turf Seed Council
must prepare a report outlining the use of the
grant money and related accomplishments. No
later than January 15, 2025, the council must
submit the report to the chairs and ranking
minority members of the legislative
committees and divisions with jurisdiction
over agriculture finance and policy. This is a
onetime appropriation.
(i) $100,000 the first year and $100,000 the
second year are for grants to GreenSeam for
assistance to agriculture-related businesses to
support business retention and development,
business attraction and creation, talent
development and attraction, and regional
branding and promotion. These are onetime
appropriations. No later than December 1,
2024, and December 1, 2025, GreenSeam
must report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over agriculture and rural
development with information on new and
existing businesses supported, number of new
jobs created in the region, new educational
partnerships and programs supported, and
regional branding and promotional efforts.
(j) $1,950,000 the first year and $1,950,000
the second year are for grants to Second
Harvest Heartland on behalf of Minnesota's
six Feeding America food banks for the
following purposes:
(1) at least $850,000 each year must be
allocated to purchase milk for distribution to
Minnesota's food shelves and other charitable
organizations that are eligible to receive food
from the food banks. Milk purchased under
the grants must be acquired from Minnesota
milk processors and based on low-cost bids.
The milk must be allocated to each Feeding
America food bank serving Minnesota
according to the formula used in the
distribution of United States Department of
Agriculture commodities under The
Emergency Food Assistance Program. Second
Harvest Heartland may enter into contracts or
agreements with food banks for shared funding
or reimbursement of the direct purchase of
milk. Each food bank that receives funding
under this clause may use up to two percent
for administrative expenses. Notwithstanding
Minnesota Statutes, section 16A.28, any
unencumbered balance the first year does not
cancel and is available the second year;
(2) to compensate agricultural producers and
processors for costs incurred to harvest and
package for transfer surplus fruits, vegetables,
and other agricultural commodities that would
otherwise go unharvested, be discarded, or be
sold in a secondary market. Surplus
commodities must be distributed statewide to
food shelves and other charitable organizations
that are eligible to receive food from the food
banks. Surplus food acquired under this clause
must be from Minnesota producers and
processors. Second Harvest Heartland may
use up to 15 percent of each grant awarded
under this clause for administrative and
transportation expenses; and
(3) to purchase and distribute protein products,
including but not limited to pork, poultry, beef,
dry legumes, cheese, and eggs to Minnesota's
food shelves and other charitable organizations
that are eligible to receive food from the food
banks. Second Harvest Heartland may use up
to two percent of each grant awarded under
this clause for administrative expenses. Protein
products purchased under the grants must be
acquired from Minnesota processors and
producers.
Second Harvest Heartland must submit
quarterly reports to the commissioner and the
chairs and ranking minority members of the
legislative committees with jurisdiction over
agriculture finance in the form prescribed by
the commissioner. The reports must include
but are not limited to information on the
expenditure of funds, the amount of milk or
other commodities purchased, and the
organizations to which this food was
distributed. The base for this appropriation is
$1,700,000 for fiscal year 2026 and each year
thereafter.
(k) $25,000 the first year and $25,000 the
second year are for grants to the Southern
Minnesota Initiative Foundation to promote
local foods through an annual event that raises
public awareness of local foods and connects
local food producers and processors with
potential buyers.
(l) $300,000 the first year and $300,000 the
second year are for grants to The Good Acre
for the Local Emergency Assistance Farmer
Fund (LEAFF) program to compensate
deleted text begin emergingdeleted text end farmersnew text begin experiencing limited land
access or limited market accessnew text end for crops
donated to hunger relief organizations in
Minnesota. new text begin For purposes of this paragraph,
"limited land access" and "limited market
access" have the meanings given in Minnesota
Statutes, section 17.133, subdivision 1. new text end This
is a onetime appropriation.
(m) $750,000 the first year and $750,000 the
second year are to expand the Emerging
Farmers Office and provide services to
beginning and emerging farmers to increase
connections between farmers and market
opportunities throughout the state. This
appropriation may be used for grants,
translation services, training programs, or
other purposes in line with the
recommendations of the Emerging Farmer
Working Group established under Minnesota
Statutes, section 17.055, subdivision 1. The
base for this appropriation is $1,000,000 in
fiscal year 2026 and each year thereafter.
(n) $50,000 the first year is to provide
technical assistance and leadership in the
development of a comprehensive and
well-documented state aquaculture plan. The
commissioner must provide the state
aquaculture plan to the legislative committees
with jurisdiction over agriculture finance and
policy by February 15, 2025.
(o) $337,000 the first year and $337,000 the
second year are for farm advocate services.
Of these amounts, $50,000 the first year and
$50,000 the second year are for the
continuation of the farmland transition
programs and may be used for grants to
farmland access teams to provide technical
assistance to potential beginning farmers.
Farmland access teams must assist existing
farmers and beginning farmers with
transitioning farm ownership and farm
operation. Services provided by teams may
include but are not limited to mediation
assistance, designing contracts, financial
planning, tax preparation, estate planning, and
housing assistance.
(p) $260,000 the first year and $260,000 the
second year are for a pass-through grant to
Region Five Development Commission to
provide, in collaboration with Farm Business
Management, statewide mental health
counseling support to Minnesota farm
operators, families, and employees, and
individuals who work with Minnesota farmers
in a professional capacity. Region Five
Development Commission may use up to 6.5
percent of the grant awarded under this
paragraph for administration.
(q) $1,000,000 the first year is for transfer to
the agricultural emergency account established
under Minnesota Statutes, section 17.041.
(r) $1,084,000 the first year and $500,000 the
second year are to support IT modernization
efforts, including laying the technology
foundations needed for improving customer
interactions with the department for licensing
and payments. This is a onetime appropriation.
(s) $275,000 the first year is for technical
assistance grants to certified community
development financial institutions that
participate in United States Department of
Agriculture loan or grant programs for smallnew text begin
farmersnew text end or deleted text begin emergingdeleted text end farmersnew text begin experiencing
limited land access or limited market accessnew text end ,
including but not limited to the Increasing
Land, Capital, and Market Access Program.
For purposes of this paragraph, deleted text begin "emerging
farmer" hasdeleted text end new text begin "limited land access" and "limited
market access" havenew text end the deleted text begin meaningdeleted text end new text begin meaningsnew text end
given in Minnesota Statutes, deleted text begin section 17.055,
subdivision 1deleted text end new text begin section 17.133, subdivision 1new text end .
The commissioner may use up to 6.5 percent
of this appropriation for costs incurred to
administer the program. Notwithstanding
Minnesota Statutes, section 16A.28, any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. This is a onetime appropriation.
(t) $1,425,000 the first year and $1,425,000
the second year are for transfer to the
agricultural and environmental revolving loan
account established under Minnesota Statutes,
section 17.117, subdivision 5a, for low-interest
loans under Minnesota Statutes, section
17.117.
(u) $150,000 the first year and $150,000 the
second year are for administrative support for
the Rural Finance Authority.
(v) The base in fiscal years 2026 and 2027 is
$150,000 each year to coordinate
climate-related activities and services within
the Department of Agriculture and
counterparts in local, state, and federal
agencies and to hire a full-time climate
implementation coordinator. The climate
implementation coordinator must coordinate
efforts seeking federal funding for Minnesota's
agricultural climate adaptation and mitigation
efforts and develop strategic partnerships with
the private sector and nongovernment
organizations.
(w) $1,200,000 the first year and $930,000 the
second year are to maintain the current level
of service delivery. The base for this
appropriation is deleted text begin $1,085,000deleted text end new text begin $1,065,000new text end in
fiscal year 2026 and deleted text begin $1,085,000deleted text end new text begin $1,065,000new text end
in fiscal year 2027new text begin and each year thereafternew text end .
(x) $250,000 the first year is for a grant to the
Board of Regents of the University of
Minnesota to purchase equipment for the
Veterinary Diagnostic Laboratory to test for
chronic wasting disease, African swine fever,
avian influenza, and other animal diseases.
The Veterinary Diagnostic Laboratory must
report expenditures under this paragraph to
the legislative committees with jurisdiction
over agriculture finance and higher education
with a report submitted by January 3, 2024,
and a final report submitted by December 31,
2024. The reports must include a list of
equipment purchased, including the cost of
each item.
(y) $1,000,000 the first year and $1,000,000
the second year are to award and administer
down payment assistance grants under
Minnesota Statutes, section 17.133, with
priority given to deleted text begin emerging farmers as defined
in Minnesota Statutes, section 17.055,
subdivision 1deleted text end new text begin eligible applicants with no more
than $100,000 in annual gross farm product
sales and eligible applicants who are producers
of industrial hemp, cannabis, or one or more
of the following specialty crops as defined by
the United States Department of Agriculture
for purposes of the specialty crop block grant
program: fruits and vegetables, tree nuts, dried
fruits, medicinal plants, culinary herbs and
spices, horticulture crops, floriculture crops,
and nursery cropsnew text end . Notwithstanding Minnesota
Statutes, section 16A.28, any unencumbered
balance at the end of the first year does not
cancel and is available in the second year and
appropriations encumbered under contract by
June 30, 2025, are available until June 30,
2027.
(z) $222,000 the first year and $322,000 the
second year are for meat processing training
and retention incentive grants under section
5. The commissioner may use up to 6.5
percent of this appropriation for costs incurred
to administer the program. Notwithstanding
Minnesota Statutes, section 16A.28, any
unencumbered balance does not cancel at the
end of the first year and is available in the
second year. This is a onetime appropriation.
(aa) $300,000 the first year and $300,000 the
second year are for transfer to the Board of
Regents of the University of Minnesota to
evaluate, propagate, and maintain the genetic
diversity of oilseeds, grains, grasses, legumes,
and other plants including flax, timothy,
barley, rye, triticale, alfalfa, orchard grass,
clover, and other species and varieties that
were in commercial distribution and use in
Minnesota before 1970, excluding wild rice.
This effort must also protect traditional seeds
brought to Minnesota by immigrant
communities. This appropriation includes
funding for associated extension and outreach
to small and Black, Indigenous, and People of
Color (BIPOC) farmers. This is a onetime
appropriation.
new text begin
(bb) $300,000 the second year is to award and
administer beginning farmer equipment and
infrastructure grants under Minnesota Statutes,
section 17.055. This is a onetime
appropriation.
new text end
deleted text begin (bb)deleted text end new text begin (cc)new text end The commissioner shall continue to
increase connections with ethnic minority and
immigrant farmers to farming opportunities
and farming programs throughout 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
Sec. 2.
Laws 2023, chapter 43, article 1, section 4, is amended to read:
Sec. 4. AGRICULTURAL UTILIZATION
|
$ |
deleted text begin
6,143,000 deleted text end new text begin 6,393,000 new text end |
$ |
4,343,000 |
||
(a) $300,000 the first year is for equipment
upgrades, equipment replacement, installation
expenses, and laboratory infrastructure at the
Agricultural Utilization Research Institute's
laboratories in the cities of Crookston,
Marshall, and Waseca.
(b) $1,500,000 the first year is to replace
analytical and processing equipment and make
corresponding facility upgrades at Agricultural
Utilization Research Institute facilities in the
cities of Marshall, Crookston, and Waseca. Of
this amount, up to $500,000 may be used for
renewable natural gas and anaerobic digestion
projects. This is a onetime appropriation and
is available until June 30, 2026.
(c) $300,000 the first year and $300,000 the
second year are to maintain the current level
of service delivery.
new text begin
(d) $250,000 the first year is to support food
businesses. This is a onetime appropriation
and is available until June 30, 2026.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
ARTICLE 6
PESTICIDE CONTROL
Section 1.
Minnesota Statutes 2022, section 18B.01, is amended by adding a subdivision
to read:
new text begin Subd. 1d. new text end
new text begin Application or use of a pesticide. new text end
new text begin
"Application or use of a pesticide" includes:
new text end
new text begin
(1) the dispersal of a pesticide on, in, at, or directed toward a target site;
new text end
new text begin
(2) preapplication activities that involve the mixing and loading of a restricted use
pesticide; and
new text end
new text begin
(3) other restricted use pesticide-related activities, including but not limited to transporting
or storing pesticide containers that have been opened; cleaning equipment; and disposing
of excess pesticides, spray mix, equipment wash waters, pesticide containers, and other
materials that contain pesticide.
new text end
Sec. 2.
Minnesota Statutes 2022, section 18B.26, subdivision 6, is amended to read:
Subd. 6.
Discontinuancenew text begin or cancellationnew text end of registration.
new text begin (a) new text end To ensure new text begin the new text end complete
withdrawal from distribution or further use of a pesticide, a person who intends to discontinue
a pesticide registration must:
(1) terminate a further distribution within the state and continue to register the pesticide
annually for two successive years;new text begin and
new text end
(2) initiate and complete a total recall of the pesticide from all distribution in the state
within 60 days from the date of notification to the commissioner of intent to discontinue
registrationdeleted text begin ; ordeleted text end new text begin .
new text end
deleted text begin
(3) submit to the commissioner evidence adequate to document that no distribution of
the registered pesticide has occurred in the state.
deleted text end
new text begin
(b) Upon the request of a registrant, the commissioner may immediately cancel
registration of a pesticide product. The commissioner may immediately cancel registration
of a pesticide product at the commissioner's discretion. When requesting that the
commissioner immediately cancel registration of a pesticide product, a registrant must
provide the commissioner with:
new text end
new text begin
(1) a statement that the pesticide product is no longer in distribution; and
new text end
new text begin
(2) documentation of pesticide gross sales from the previous year supporting the statement
under clause (1).
new text end
Sec. 3.
Minnesota Statutes 2022, section 18B.28, is amended by adding a subdivision to
read:
new text begin Subd. 5. new text end
new text begin Advisory panel. new text end
new text begin
Before approving the issuance of an experimental use pesticide
product registration under this section, the commissioner must convene and consider the
advice of a panel of outside scientific and health experts. The panel must include but is not
limited to representatives of the Department of Health, the Department of Natural Resources,
the Pollution Control Agency, and the University of Minnesota.
new text end
Sec. 4.
new text begin
[18B.283] EXPERT ADVICE REQUIRED FOR EMERGENCY
EXEMPTIONS.
new text end
new text begin
Within 30 days of submitting an emergency registration exemption application under
section 18 of FIFRA, the commissioner must convene and consider the advice of a panel
of outside scientific and health experts. The panel must include but is not limited to
representatives of the Department of Health, the Department of Natural Resources, the
Pollution Control Agency, and the University of Minnesota.
new text end
Sec. 5.
Minnesota Statutes 2022, section 18B.305, subdivision 2, is amended to read:
Subd. 2.
Training manual and examination development.
The commissioner, in
consultation with University of Minnesota Extension and other higher education institutions,
shall continually revise and update pesticide applicator training manuals and examinations.
The manuals and examinations must be written to meet or exceed the minimum new text begin competency
new text end standards required by the United States Environmental Protection Agency and pertinent
state specific information. new text begin Pesticide applicator training manuals and examinations must
meet or exceed the competency standards in Code of Federal Regulations, title 40, part 171.
Competency standards for training manuals and examinations must be published on the
Department of Agriculture website. new text end Questions in the examinations must be determined by
the commissioner in consultation with other responsible agencies. Manuals and examinations
must include pesticide management practices that discuss prevention of pesticide occurrence
in groundwater and surface water of the state, and economic thresholds and guidance for
insecticide use.
Sec. 6.
Minnesota Statutes 2022, section 18B.32, subdivision 1, is amended to read:
Subdivision 1.
Requirement.
(a) A person may not engage in structural pest control
applications:
(1) for hire without a structural pest control license; deleted text begin and
deleted text end
(2) as a sole proprietorship, company, partnership, or corporation unless the person is
or employs a licensed master in structural pest control operationsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(3) unless the person is 18 years of age or older.
new text end
(b) A structural pest control licensee must have a valid license identification card to
purchase a restricted use pesticide or apply pesticides for hire and must display it upon
demand by an authorized representative of the commissioner or a law enforcement officer.
The license identification card must contain information required by the commissioner.
Sec. 7.
Minnesota Statutes 2022, section 18B.32, subdivision 3, is amended to read:
Subd. 3.
Application.
(a) A person must apply to the commissioner for a structural pest
control license on forms and in the manner required by the commissioner. The commissioner
shall require the applicant to pass a written, closed-book, monitored examination or oral
examination, or bothdeleted text begin , and may also require a practical demonstration regarding structural
pest controldeleted text end . The commissioner shall establish the examination procedure, including the
phases and contents of the examination.
(b) The commissioner may license a person as a master under a structural pest control
license if the person has the necessary qualifications through knowledge and experience to
properly plan, determine, and supervise the selection and application of pesticides in structural
pest control. To demonstrate the qualifications and become licensed as a master under a
structural pest control license, a person must:
(1) pass a closed-book test administered by the commissioner;
(2) have direct experience as a licensed journeyman under a structural pest control license
for at least two years by this state or a state with equivalent certification requirements or as
a full-time licensed master in another state with equivalent certification requirements; and
(3) show practical knowledge and field experience under clause (2) in the actual selection
and application of pesticides under varying conditions.
(c) The commissioner may license a person as a journeyman under a structural pest
control license if the person:
(1) has the necessary qualifications in the practical selection and application of pesticides;
(2) has passed a closed-book examination given by the commissioner; and
(3) is engaged as an employee of or is working under the direction of a person licensed
as a master under a structural pest control license.
(d) The commissioner may license a person as a fumigator under a structural pest control
license if the person:
(1) has knowledge of the practical selection and application of fumigants;
(2) has passed a closed-book examination given by the commissioner; and
(3) is licensed by the commissioner as a master or journeyman under a structural pest
control license.
Sec. 8.
Minnesota Statutes 2022, section 18B.32, subdivision 4, is amended to read:
Subd. 4.
Renewal.
(a) new text begin An applicator may apply to renew new text end a structural pest control
applicator license deleted text begin may be reneweddeleted text end on or before the expiration of an existing license subject
to reexamination, attendance at deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end approved by the
commissioner, or other requirements imposed by the commissioner to provide the applicator
with information regarding changing technology and to help assure a continuing level of
competency and ability to use pesticides safely and properly. new text begin A recertification workshop
must meet or exceed the competency standards in Code of Federal Regulations, title 40,
part 171. Competency standards for a recertification workshop must be published on the
Department of Agriculture website. If the commissioner requires an applicator to attend a
recertification workshop and the applicator fails to attend the workshop, the commissioner
may require the applicator to pass a reexamination. new text end The commissioner may require an
additional demonstration of applicator qualification if the applicator has had a license
suspended or revoked or has otherwise had a history of violations of this chapter.
(b) If deleted text begin a persondeleted text end new text begin an applicatornew text end fails to renew a structural pest control license within three
months of its expiration, the deleted text begin persondeleted text end new text begin applicatornew text end must obtain a structural pest control license
subject to the requirements, procedures, and fees required for an initial license.
Sec. 9.
Minnesota Statutes 2022, section 18B.32, subdivision 5, is amended to read:
Subd. 5.
Financial responsibility.
(a) deleted text begin A structural pest control license may not be issued
unless the applicant furnishes proof of financial responsibility.deleted text end Thenew text begin commissioner may
suspend or revoke a structural pest control license if an applicator fails to provide proof of
financial responsibility upon the commissioner's request.new text end Financial responsibility may be
demonstrated by:
(1) proof of net assets equal to or greater than $50,000; or
(2) a performance bond or insurance of a kind and in an amount determined by the
commissioner.
(b) The bond or insurance must cover a period of time at least equal to the term of the
deleted text begin applicant'sdeleted text end new text begin applicator'snew text end license. The commissioner must immediately suspend the license
of deleted text begin a persondeleted text end new text begin an applicatornew text end who fails to maintain the required bond or insurance. The
performance bond or insurance policy must contain a provision requiring the insurance or
bonding company to notify the commissioner by ten days before the effective date of
cancellation, termination, or any other change of the bond or insurance. If there is recovery
against the bond or insurance, additional coverage must be securednew text begin by the applicatornew text end to
maintain financial responsibility equal to the original amount required.
(c) An employee of a licensed person is not required to maintain an insurance policy or
bond during the time the employer is maintaining the required insurance or bond.
(d) Applications for reinstatement of a license suspended under the provisions of this
section must be accompanied by proof of satisfaction of judgments previously rendered.
Sec. 10.
Minnesota Statutes 2022, section 18B.33, subdivision 1, is amended to read:
Subdivision 1.
Requirement.
(a) A person may not apply a pesticide for hire without a
commercial applicator license for the appropriate use categories or a structural pest control
license.
(b) A commercial applicator licensee must have a valid license identification card to
purchase a restricted use pesticide or apply pesticides for hire and must display it upon
demand by an authorized representative of the commissioner or a law enforcement officer.
The commissioner shall prescribe the information required on the license identification
card.
(c) A person licensed under this section is considered qualified and is not required to
verify, document, or otherwise prove a particular need prior to use, except as required by
the federal label.
(d) A person who uses a general-use sanitizer or disinfectant for hire in response to
COVID-19 is exempt from the commercial applicator license requirements under this section.
new text begin
(e) A person licensed under this section must be 18 years of age or older.
new text end
Sec. 11.
Minnesota Statutes 2022, section 18B.33, subdivision 5, is amended to read:
Subd. 5.
Renewal application.
(a) deleted text begin A persondeleted text end new text begin An applicatornew text end must apply to the
commissioner to renew a commercial applicator license. The commissioner may renew a
commercial applicator license accompanied by the application fee, subject to reexamination,
attendance at deleted text begin workshopsdeleted text end new text begin a recertification workshop new text end approved by the commissioner, or other
requirements imposed by the commissioner to provide the applicator with information
regarding changing technology and to help assure a continuing level of competence and
ability to use pesticides safely and properly. deleted text begin The applicantdeleted text end new text begin Upon the receipt of an applicator's
renewal application, the commissioner may require the applicator to attend a recertification
workshop. Depending on the application category, the commissioner may require an
applicator to complete a recertification workshop once per year, once every two years, or
once every three years. If the commissioner requires an applicator to attend a recertification
workshop and the applicator fails to attend the workshop, the commissioner may require
the applicator to pass a reexamination. A recertification workshop must meet or exceed the
competency standards in Code of Federal Regulations, title 40, part 171. Competency
standards for a recertification workshop must be published on the Department of Agriculture
website. An applicatornew text end may renew a commercial applicator license within 12 months after
expiration of the license without having to meet initial testing requirements. The
commissioner may require new text begin an new text end additional demonstration of applicator qualification if deleted text begin a persondeleted text end new text begin
the applicatornew text end has had a license suspended or revoked or has had a history of violations of
this chapter.
(b) An deleted text begin applicantdeleted text end new text begin applicatornew text end that meets renewal requirements by reexamination instead
of attending deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end must pay the equivalent workshop fee
for the reexamination as determined by the commissioner.
Sec. 12.
Minnesota Statutes 2022, section 18B.33, subdivision 6, is amended to read:
Subd. 6.
Financial responsibility.
(a) deleted text begin A commercial applicator license may not be issued
unless the applicant furnishes proof of financial responsibility.deleted text end The new text begin commissioner may
suspend or revoke an applicator's commercial applicator license if the applicator fails to
provide proof of financial responsibility upon the commissioner's request. new text end Financial
responsibility may be demonstrated by: (1) proof of net assets equal to or greater than
$50,000; or (2) by a performance bond or insurance of the kind and in an amount determined
by the commissioner.
(b) The bond or insurance must cover a period of time at least equal to the term of the
deleted text begin applicant'sdeleted text end new text begin applicator'snew text end license. The commissioner must immediately suspend the license
of deleted text begin a persondeleted text end new text begin an applicatornew text end who fails to maintain the required bond or insurance. The
performance bond or insurance policy must contain a provision requiring the insurance or
bonding company to notify the commissioner by ten days before the effective date of
cancellation, termination, or any other change of the bond or insurance. If there is recovery
against the bond or insurance, additional coverage must be securednew text begin by the applicatornew text end to
maintain financial responsibility equal to the original amount required.
(c) An employee of a licensed deleted text begin persondeleted text end new text begin applicatornew text end is not required to maintain an insurance
policy or bond during the time the employer is maintaining the required insurance or bond.
(d) Applications for reinstatement of a license suspended under the provisions of this
section must be accompanied by proof of satisfaction of judgments previously rendered.
Sec. 13.
Minnesota Statutes 2022, section 18B.34, subdivision 1, is amended to read:
Subdivision 1.
Requirement.
(a) Except for a licensed commercial applicator, certified
private applicator, or licensed structural pest control applicator, a person, including a
government employee, may not purchase or use a restricted use pesticide in performance
of official duties without having a noncommercial applicator license for an appropriate use
category.
(b) A licensee must have a valid license identification card when applying pesticides
and must display it upon demand by an authorized representative of the commissioner or a
law enforcement officer. The license identification card must contain information required
by the commissioner.
(c) A person licensed under this section is considered qualified and is not required to
verify, document, or otherwise prove a particular need prior to use, except as required by
the federal label.
new text begin
(d) A person licensed under this section must be 18 years of age or older.
new text end
Sec. 14.
Minnesota Statutes 2022, section 18B.34, subdivision 4, is amended to read:
Subd. 4.
Renewal.
(a) deleted text begin A persondeleted text end new text begin An applicatornew text end must apply to the commissioner to renew
a noncommercial applicator license. The commissioner may renew a license subject to
reexamination, attendance at deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end approved by the
commissioner, or other requirements imposed by the commissioner to provide the applicator
with information regarding changing technology and to help assure a continuing level of
competence and ability to use pesticides safely and properly. new text begin Upon the receipt of an
applicator's renewal application, the commissioner may require the applicator to attend a
recertification workshop. Depending on the application category, the commissioner may
require an applicator to complete a recertification workshop once per year, once every two
years, or once every three years. If the commissioner requires an applicator to attend a
recertification workshop and the applicator fails to attend the workshop, the commissioner
may require the applicator to pass a reexamination. A recertification workshop must meet
or exceed the competency standards in Code of Federal Regulations, title 40, part 171.
Competency standards for a recertification workshop must be published on the Department
of Agriculture website. new text end The commissioner may require an additional demonstration of
applicator qualification if the applicator has had a license suspended or revoked or has
otherwise had a history of violations of this chapter.
(b) An deleted text begin applicantdeleted text end new text begin applicatornew text end that meets renewal requirements by reexamination instead
of attending deleted text begin workshopsdeleted text end new text begin a recertification workshopnew text end must pay the equivalent workshop fee
for the reexamination as determined by the commissioner.
(c) An deleted text begin applicantdeleted text end new text begin applicatornew text end has 12 months to renew the license after expiration without
having to meet initial testing requirements.
Sec. 15.
Minnesota Statutes 2022, section 18B.35, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
(a) The commissioner may establish categories of
structural pest control, commercial applicator, and noncommercial applicator licenses deleted text begin for
administering and enforcing this chapter.deleted text end new text begin and private applicator certification consistent with
federal requirements in Code of Federal Regulations, title 40, parts 171.101 and 171.105,
including but not limited to the federal categories that are applicable to Minnesota.
Application categories must meet or exceed the competency standards in Code of Federal
Regulations, title 40, part 171. Competency standards for application categories must be
published on the Department of Agriculture website.new text end The categories may include pest control
operators and ornamental, agricultural, aquatic, forest, and right-of-way pesticide applicators.
Separate subclassifications of categories may be specified as to ground, aerial, or manual
methods to apply pesticides or to the use of pesticides to control insects, plant diseases,
rodents, or weeds.
(b) Each category is subject to separate testing procedures and requirements.
Sec. 16.
Minnesota Statutes 2022, section 18B.36, subdivision 1, is amended to read:
Subdivision 1.
Requirement.
(a) Except for a licensed commercial or noncommercial
applicator, only a certified private applicator may use a restricted use pesticide to produce
an agricultural commodity:
(1) as a traditional exchange of services without financial compensation;
(2) on a site owned, rented, or managed by the person or the person's employees; or
(3) when the private applicator is one of two or fewer employees and the owner or
operator is a certified private applicator or is licensed as a noncommercial applicator.
(b) A person may not purchase a restricted use pesticide without presenting a license
card, certified private applicator card, or the card number.
(c) A person certified under this section is considered qualified and is not required to
verify, document, or otherwise prove a particular need prior to use, except as required by
the federal label.
new text begin
(d) A person certified under this section must be 18 years of age or older.
new text end
Sec. 17.
Minnesota Statutes 2022, section 18B.36, subdivision 2, is amended to read:
Subd. 2.
Certification.
(a) The commissioner shall prescribe certification requirements
and provide training that meets or exceeds United States Environmental Protection Agency
standards to certify private applicators and provide information relating to changing
technology to help ensure a continuing level of competency and ability to use pesticides
properly and safely. new text begin Private applicator certification requirements and training must meet or
exceed the competency standards in Code of Federal Regulations, title 40, part 171.
Competency standards for private applicator certification and training must be published
on the Department of Agriculture website. new text end The training may be done through cooperation
with other government agencies and must be a minimum of three hours in duration.
(b) A person must apply to the commissioner for certification as a private applicator.
After completing the certification requirements, which must include deleted text begin andeleted text end new text begin a proctorednew text end
examination as determined by the commissioner, an applicant must be certified as a private
applicator to use restricted use pesticides. The certification shall expire March 1 of the third
calendar year after the initial year of certification.
(c) The commissioner shall issue a private applicator card to a private applicator.
Sec. 18.
Minnesota Statutes 2022, section 18B.37, subdivision 2, is amended to read:
Subd. 2.
Commercial and noncommercial applicators.
(a) A commercial or
noncommercial applicatordeleted text begin ,deleted text end or the applicator's authorized agentdeleted text begin ,deleted text end must maintain a record of
pesticides used on each site. Noncommercial applicators must keep records of restricted
use pesticides. The record must include the:
(1) date of the pesticide use;
(2) time the pesticide application was completed;
(3) brand name of the pesticide, the United States Environmental Protection Agency
registration number, and rate used;
(4) number of units treated;
(5) temperature, wind speed, and wind direction;
(6) location of the site where the pesticide was applied;
(7) name and address of the customer;
(8) name of applicator, name of company, license number of applicator, and address of
applicator company; and
(9) any other information required by the commissioner.
(b) Portions of records not relevant to a specific type of application may be omitted upon
approval from the commissioner.
(c) All information for this record requirement must be contained in a document for each
pesticide application, except a map may be attached to identify treated areas. An invoice
containing the required information may constitute the required record. The commissioner
shall make sample forms available to meet the requirements of this paragraph.
(d) The record must be completed no later than five days after the application of the
pesticide.
(e) A commercial applicator must give a copy of the record to the customer.
(f) Records must be retained by the applicator, company, or authorized agent for five
years after the date of treatment.
new text begin
(g) A record of a commercial or noncommercial applicator must meet or exceed the
requirements in Code of Federal Regulations, title 40, part 171.
new text end
Sec. 19.
Minnesota Statutes 2022, section 18B.37, subdivision 3, is amended to read:
Subd. 3.
Structural pest control applicators.
(a) A structural pest control applicator
must maintain a record of each structural pest control application conducted by that person
or by the person's employees. The record must include the:
(1) date of structural pest control application;
(2) target pest;
(3) brand name of the pesticide, United States Environmental Protection Agency
registration number, and amount used;
(4) for fumigation, the temperature and exposure time;
(5) time the pesticide application was completed;
(6) name and address of the customer;
(7) name of structural pest control applicator, name of company and address of applicator
or company, and license number of applicator; and
(8) any other information required by the commissioner.
(b) All information for this record requirement must be contained in a document for
each pesticide application. An invoice containing the required information may constitute
the record.
(c) The record must be completed no later than five days after the application of the
pesticide.
(d) Records must be retained for five years after the date of treatment.
(e) A copy of the record must be given to a person who ordered the application that is
present at the site where the structural pest control application is conducted, placed in a
conspicuous location at the site where the structural pest control application is conducted
immediately after the application of the pesticides, or delivered to the person who ordered
an application or the owner of the site. The commissioner must make sample forms available
that meet the requirements of this subdivision.
(f) A structural applicator must post in a conspicuous place inside a renter's apartment
where a pesticide application has occurred a list of postapplication precautions contained
on the label of the pesticide that was applied in the apartment and any other information
required by the commissioner.
new text begin
(g) A record of a structural applicator must meet or exceed the requirements in Code of
Federal Regulations, title 40, part 171.
new text end
Sec. 20. new text begin COMMERCIAL APPLICATOR LICENSE EXAMINATION LANGUAGE
REQUIREMENTS.
new text end
new text begin
By January 1, 2025, the commissioner of agriculture must ensure that examinations for
a commercial applicator license under Minnesota Statutes, section 18B.33, are available in
Spanish and that applicants are informed that the examinations can be taken in Spanish.
The commissioner must use money appropriated from the pesticide regulatory account
under Minnesota Statutes, section 18B.05, for this purpose.
new text end
ARTICLE 7
OTHER AGRICULTURE STATUTORY CHANGES
Section 1.
Minnesota Statutes 2022, section 3.7371, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Approved agent" means a person authorized by the Department of Agriculture to
determine if crop or fence damage was caused by elk and to assign a monetary value to the
crop or fence damage.
new text end
new text begin
(c) "Commissioner" means the commissioner of agriculture or the commissioner's
authorized representative.
new text end
new text begin
(d) "Estimated value" means the current value of crops or fencing as determined by an
approved agent.
new text end
new text begin
(e) "Owner" means an individual, firm, corporation, copartnership, or association with
an interest in crops or fencing damaged by elk.
new text end
Sec. 2.
Minnesota Statutes 2022, section 3.7371, subdivision 2, is amended to read:
Subd. 2.
Claim formnew text begin and reportingnew text end .
new text begin (a) new text end The owner must prepare a claim on forms
provided by the commissioner and available on the Department of deleted text begin Agriculture'sdeleted text end new text begin Agriculturenew text end
website or by request from the commissioner. deleted text begin The claim form must be filed with the
commissioner.
deleted text end
new text begin
(b) After discovering crop or fence damage suspected to be caused by elk, an owner
must promptly notify an approved agent of the damage. To submit a claim for crop or fence
damage caused by elk, an owner must complete the required portions of the claim form
provided by the commissioner. An owner who has submitted a claim must provide an
approved agent with all information required to investigate the crop or fence damage.
new text end
Sec. 3.
Minnesota Statutes 2022, section 3.7371, is amended by adding a subdivision to
read:
new text begin Subd. 2a. new text end
new text begin Investigation and crop valuation. new text end
new text begin
(a) Upon receiving notification of crop or
fence damage suspected to be caused by elk, an approved agent must promptly investigate
the damage in a timely manner. An approved agent must make written findings on the claim
form regarding whether the crop or fence was destroyed or damaged by elk. The approved
agent's findings must be based on physical and circumstantial evidence, including:
new text end
new text begin
(1) the condition of the crop or fence;
new text end
new text begin
(2) the presence of elk tracks;
new text end
new text begin
(3) the geographic area of the state where the crop or fence damage occurred;
new text end
new text begin
(4) any sightings of elk in the area; and
new text end
new text begin
(5) any other circumstances that the approved agent considers to be relevant.
new text end
new text begin
(b) The absence of affirmative evidence may be grounds for denial of a claim.
new text end
new text begin
(c) On a claim form, an approved agent must make written findings of the extent of crop
or fence damage and, if applicable, the amount of crop destroyed.
new text end
new text begin
(d) For damage to standing crops, an owner may choose to have the approved agent use
the method in clause (1) or (2) to complete the claim form and determine the amount of
crop loss:
new text end
new text begin
(1) to submit a claim form to the commissioner at the time that the suspected elk damage
is discovered, the approved agent must record on the claim form: (i) the field's potential
yield per acre; (ii) the field's average yield per acre that is expected on the damaged acres;
(iii) the estimated value of the crop; and (iv) the total amount of loss. Upon completing the
claim form, the approved agent must submit the form to the commissioner; or
new text end
new text begin
(2) to submit a claim form to the commissioner at the time that the crop is harvested,
the approved agent must record on the claim form at the time of the investigation: (i) the
percent of crop loss from damage; (ii) the actual yield of the damaged field when the crop
is harvested; (iii) the estimated value of the crop; and (iv) the total amount of loss. Upon
completing the claim form, the approved agent must submit the form to the commissioner.
new text end
new text begin
(e) For damage to stored crops, an approved agent must record on the claim form: (1)
the type and volume of destroyed stored crops; (2) the estimated value of the crop; and (3)
the total amount of loss.
new text end
new text begin
(f) For damage to fencing, an approved agent must record on the claim form: (1) the
type of materials damaged; (2) the linear feet of the damage; (3) the value of the materials
per unit according to National Resource Conservation Service specifications; and (4) the
calculated total damage to the fence.
new text end
Sec. 4.
Minnesota Statutes 2022, section 3.7371, is amended by adding a subdivision to
read:
new text begin Subd. 2b. new text end
new text begin Claim form. new text end
new text begin
A completed claim form must be signed by the owner and an
approved agent. An approved agent must submit the claim form to the commissioner for
the commissioner's review and payment. The commissioner must return an incomplete claim
form to the approved agent. When returning an incomplete claim form to an approved agent,
the commissioner must indicate which information is missing from the claim form.
new text end
Sec. 5.
Minnesota Statutes 2022, section 3.7371, subdivision 3, is amended to read:
Subd. 3.
Compensation.
(a) deleted text begin The cropdeleted text end new text begin Annew text end owner is entitled to the deleted text begin target price or the
market price, whichever is greater,deleted text end new text begin estimated valuenew text end of the damaged or destroyed crop deleted text begin plus
adjustments for yield loss determined according to agricultural stabilization and conservation
service programs for individual farms, adjusted annually, as determined by the commissioner,
upon recommendation of the commissioner's approved agent for the owner's countydeleted text end new text begin or
fencenew text end . Verification of new text begin crop or new text end fence damage deleted text begin or destructiondeleted text end by elk may be provided by
submitting photographs or other evidence and documentation deleted text begin together with a statement
from an independent witnessdeleted text end using forms prescribed by the commissioner. The commissioner,
upon recommendation of the commissioner's approved agent, shall determine whether the
crop damage or destruction or damage to or destruction of a fence surrounding a crop or
pasture is caused by elk and, if so, the amount of the crop or fence that is damaged or
destroyed. In any fiscal year, an owner may not be compensated for a damaged or destroyed
crop or fence surrounding a crop or pasture that is less than $100 in value and may be
compensated up to $20,000, as determined under this sectiondeleted text begin , if normal harvest procedures
for the area are followeddeleted text end .new text begin An owner may not be compensated more than $1,800 per fiscal
year for damage to fencing surrounding a crop or pasture.
new text end
(b) In any fiscal year, the commissioner may provide compensation for claims filed
under this section up to the amount expressly appropriated for this purpose.
Sec. 6.
Minnesota Statutes 2023 Supplement, section 17.055, subdivision 3, is amended
to read:
Subd. 3.
Beginning farmer equipment and infrastructure grants.
(a) The commissioner
may award and administer equipment and infrastructure grants to beginning farmers. The
commissioner shall give preference to applicants who are deleted text begin emerging farmersdeleted text end new text begin experiencing
limited land access or limited market accessnew text end as new text begin those terms are new text end defined in new text begin section 17.133,
new text end subdivision 1. Grant money may be used for equipment and infrastructure development.
(b) The commissioner shall develop competitive eligibility criteria and may allocate
grants on a needs basis.
(c) Grant projects may continue for up to two years.
Sec. 7.
Minnesota Statutes 2022, section 17.133, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section, the following terms have
the meanings given.
(b) "Eligible farmer" means an individual who at the time that the grant is awarded:
(1) is a resident of Minnesota who intends to acquire farmland located within the state
and provide the majority of the day-to-day physical labor and management of the farm;
(2) grosses no more than $250,000 per year from the sale of farm products; deleted text begin and
deleted text end
(3) has not, and whose spouse has not, at any time had a direct or indirect ownership
interest in farmlandnew text begin ; and
new text end
new text begin (4) is not, and whose spouse is not, related by blood or marriage to an owner of the
farmland that the individual intends to acquirenew text end .
(c) "Farm down payment" means an initial, partial payment required by a lender or seller
to purchase farmland.
new text begin
(d) "Incubator farm" means a farm where:
new text end
new text begin
(1) individuals are given temporary, exclusive, and affordable access to small parcels
of land, infrastructure, and often training, for the purpose of honing skills and launching a
farm business; and
new text end
new text begin
(2) a majority of the individuals farming the small parcels of land grow industrial hemp,
cannabis, or one or more of the following specialty crops as defined by the United States
Department of Agriculture for purposes of the specialty crop block grant program: fruits
and vegetables, tree nuts, dried fruits, medicinal plants, culinary herbs and spices, horticulture
crops, floriculture crops, and nursery crops.
new text end
new text begin
(e) "Limited land access" means farming land that the individual does not own when:
new text end
new text begin
(1) the individual or the individual's child rents or leases the land, with the term of each
rental or lease agreement not exceeding three years in duration, from a person who is not
related to the individual or the individual's spouse by blood or marriage; or
new text end
new text begin
(2) the individual rents the land from an incubator farm.
new text end
new text begin
(f) "Limited market access" means the majority of the individual's annual farm product
sales are direct sales to the consumer.
new text end
Sec. 8.
Minnesota Statutes 2023 Supplement, section 17.133, subdivision 3, is amended
to read:
Subd. 3.
Report to legislature.
No later than December 1, 2023, and annually thereafter,
the commissioner must provide a report to the chairs and ranking minority members of the
legislative committees having jurisdiction over agriculture and rural development, in
compliance with sections 3.195 and 3.197, on the farm down payment assistance grants
under this section. The report must include:
(1) background information on beginning farmers in Minnesota and any other information
that the commissioner and authority find relevant to evaluating the effect of the grants on
increasing opportunities for and the number of beginning farmers;
(2) the number and amount of grants;
(3) the geographic distribution of grants by county;
(4) the number of grant recipients who are emerging farmers;
new text begin
(5) the number of grant recipients who were experiencing limited land access or limited
market access when the grant was awarded;
new text end
deleted text begin (5)deleted text end new text begin (6)new text end disaggregated data regarding the gender, race, and ethnicity of grant recipients;
deleted text begin (6)deleted text end new text begin (7)new text end the number of farmers who cease to own land and are subject to payment of a
penalty, along with the reasons for the land ownership cessation; and
deleted text begin (7)deleted text end new text begin (8)new text end the number and amount of grant applications that exceeded the allocation available
in each year.
Sec. 9.
Minnesota Statutes 2023 Supplement, section 17.134, is amended by adding a
subdivision to read:
new text begin Subd. 3a. new text end
new text begin Grant requirements. new text end
new text begin
In addition to the applicable grants management
requirements under sections 16B.97 to 16B.991, as a condition of receiving a soil health
financial assistance grant under this section, an owner or lessee of farmland must commit
to:
new text end
new text begin
(1) if not certified under sections 17.9891 to 17.993, achieve certification no later than
24 months after the grant agreement is fully executed;
new text end
new text begin
(2) not lease or rent the equipment to another for economic gain; and
new text end
new text begin
(3) if selling the equipment, sell the equipment for no more than the owner's or lessee's
documented share of the total purchase price.
new text end
Sec. 10.
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Beneficial substance. new text end
new text begin
"Beneficial substance" means any substance or
compound other than a primary, secondary, and micro plant nutrient that can be demonstrated
by scientific research to be beneficial to one or more species of plants, soil, or media.
new text end
Sec. 11.
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin Subd. 7b. new text end
new text begin Diammonium phosphate. new text end
new text begin
"Diammonium phosphate" or "DAP" means a
fertilizer containing 18 percent total nitrogen and 46 percent available phosphate.
new text end
Sec. 12.
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin Subd. 11a. new text end
new text begin Finished sewage sludge product. new text end
new text begin
"Finished sewage sludge product" means
a fertilizer product consisting in whole or in part of sewage sludge that is disinfected by
means of composting, pasteurization, wet air oxidation, heat treatment, or other means and
sold to the public.
new text end
Sec. 13.
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin Subd. 18b. new text end
new text begin Liquid 28. new text end
new text begin
"Liquid 28" means a liquid nitrogen solution containing 28 percent
total nitrogen.
new text end
Sec. 14.
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin Subd. 18c. new text end
new text begin Liquid 32. new text end
new text begin
"Liquid 32" means a liquid nitrogen solution containing 32 percent
total nitrogen.
new text end
Sec. 15.
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin Subd. 19b. new text end
new text begin Monoammonium phosphate. new text end
new text begin
"Monoammonium phosphate" or "MAP"
means a fertilizer containing ten to 11 percent total nitrogen and 48 to 55 percent available
phosphate.
new text end
Sec. 16.
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin Subd. 20a. new text end
new text begin Nitrogen fertilizer. new text end
new text begin
"Nitrogen fertilizer" means any fertilizer, soil amendment,
or plant amendment totally or partially comprised of nitrogen, including but not limited to
anhydrous ammonia, urea, liquid 28, liquid 32, DAP, and MAP.
new text end
Sec. 17.
Minnesota Statutes 2022, section 18C.005, subdivision 33, is amended to read:
Subd. 33.
Soil amendment.
"Soil amendment" means a substance intended to improve
the structural, physical,new text begin chemical, biochemical,new text end or biological characteristics of the soil or
modify organic matter at or near the soil surface, except fertilizers, agricultural liming
materials, pesticides, and other materials exempted by the commissioner's rules.
Sec. 18.
Minnesota Statutes 2022, section 18C.005, is amended by adding a subdivision
to read:
new text begin Subd. 37a. new text end
new text begin Urea. new text end
new text begin
"Urea" means a white crystalline solid containing 46 percent nitrogen.
new text end
Sec. 19.
Minnesota Statutes 2022, section 18C.115, subdivision 2, is amended to read:
Subd. 2.
Adoption of national standards.
Applicable national standards contained in
the deleted text begin 1996 official publication, number 49,deleted text end new text begin most recently published version of the official
publicationnew text end of the Association of American Plant Food Control Officials including the rules
and regulations, statements of uniform interpretation and policy, and the official fertilizer
terms and definitions, and not otherwise adopted by the commissioner, may be adopted as
fertilizer rules of this state.
Sec. 20.
Minnesota Statutes 2022, section 18C.215, subdivision 1, is amended to read:
Subdivision 1.
Packaged fertilizers.
(a) A person may not sell or distribute specialty
fertilizer in bags or other containers in this state unless a label is placed on or affixed to the
bag or container stating in a clear, legible, and conspicuous form the following information:
(1) the net weightnew text begin and volume, if applicablenew text end ;
(2) the brand and grade, except the grade is not required if primary nutrients are not
claimed;
(3) the guaranteed analysis;
(4) the name and address of the guarantor;
(5) directions for use, except directions for use are not required for custom blend specialty
fertilizers; and
(6) a derivatives statement.
(b) A person may not sell or distribute fertilizer for agricultural purposes in bags or other
containers in this state unless a label is placed on or affixed to the bag or container stating
in a clear, legible, and conspicuous form the information listed in paragraph (a), clauses (1)
to (4), except:
(1) the grade is not required if primary nutrients are not claimed; and
(2) the grade on the label is optional if the fertilizer is used only for agricultural purposes
and the guaranteed analysis statement is shown in the complete form as in section 18C.211.
(c) The labeled information must appear:
(1) on the front or back side of the container;
(2) on the upper one-third of the side of the container;
(3) on the upper end of the container; or
(4) printed on a tag affixed to the upper end of the container.
(d) If a person sells a custom blend specialty fertilizer in bags or other containers, the
information required in paragraph (a) must either be affixed to the bag or container as
required in paragraph (c) or be furnished to the customer on an invoice or delivery ticket
in written or printed form.
Sec. 21.
Minnesota Statutes 2022, section 18C.221, is amended to read:
18C.221 FERTILIZER PLANT FOOD CONTENT.
(a) Products that are deficient in plant food content are subject to this subdivision.
(b) An analysis must show that a fertilizer is deficient:
(1) in one or more of its guaranteed primary plant nutrients beyond the investigational
allowances and compensations as established by regulation; or
(2) if the overall index value of the fertilizer is shown below the level established by
rule.
(c) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity
is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly
subject to official action.
(d) For the purpose of determining the commercial index value to be applied, the
commissioner shall determine at least annually the values per unit of nitrogen, available
deleted text begin phosphoric aciddeleted text end new text begin phosphatenew text end , and soluble potash in fertilizers in this state.
(e) If a fertilizer in the possession of the consumer is found by the commissioner to be
short in weight, the registrant or licensee of the fertilizer must submit a penalty payment of
two times the value of the actual shortage to the consumer within 30 days after official
notice from the commissioner.
Sec. 22.
Minnesota Statutes 2023 Supplement, section 18C.421, subdivision 1, is amended
to read:
Subdivision 1.
Annual tonnage report.
(a) Each registrant under section 18C.411 and
licensee under section 18C.415 shall file an annual tonnage report for the previous year
ending June 30 with the commissioner, on forms provided or approved by the commissioner,
new text begin utilizing uniform fertilizer tonnage reporting system codes and new text end stating the number of net
tons of each brand or grade of fertilizer, soil amendment, or plant amendment distributed
in this state or the number of net tons and grade of each raw fertilizer material distributed
in this state during the reporting period.
(b) A tonnage report is not required to be submitted and an inspection fee under section
18C.425, subdivision 6, is not required to be paid to the commissioner by a licensee who
distributes fertilizer solely by custom application.
(c) The annual tonnage report must be submitted to the commissioner on or before July
31 of each year.
(d) The inspection fee under section 18C.425, subdivision 6, must accompany the
statement.
new text begin
(e) The commissioner must produce an annual fertilizer sales report and post this report
on the commissioner's website.
new text end
Sec. 23.
Minnesota Statutes 2023 Supplement, section 18C.425, subdivision 6, is amended
to read:
Subd. 6.
Payment of inspection fee.
(a) The person who registers and distributes in the
state a specialty fertilizer, soil amendment, or plant amendment under section 18C.411 shall
pay the inspection fee to the commissioner.
(b) The person licensed under section 18C.415 who distributes a fertilizer to a person
not required to be so licensed shall pay the inspection fee to the commissioner, except as
exempted under section 18C.421, subdivision 1, paragraph (b).
(c) The person responsible for payment of the inspection fees for fertilizers, soil
amendments, or plant amendments sold and used in this state must pay the inspection fee
set under paragraph (e)deleted text begin ,deleted text end and deleted text begin until June 30, 2024,deleted text end an additional 40 cents per tondeleted text begin ,deleted text end of fertilizer,
soil amendment, and plant amendment sold or distributed in this state, with a minimum of
$10 on all tonnage reports. Notwithstanding section 18C.131, new text begin until June 30, 2025, new text end the
commissioner must deposit all revenue from the additional 40 cents per ton fee in the
agricultural fertilizer research and education account in section 18C.80new text begin ; and after June 30,
2025, the commissioner must deposit all revenue from the additional 40 cents per ton fee
in the private well drinking-water assistance account established in section 18C.90new text end . Products
sold or distributed to manufacturers or exchanged between them are exempt from the
inspection fee imposed by this subdivision if the products are used exclusively for
manufacturing purposes.
(d) A registrant or licensee must retain invoices showing proof of fertilizer, plant
amendment, or soil amendment distribution amounts and inspection fees paid for a period
of three years.
(e) By commissioner's order, the commissioner must set the inspection fee at no less
than 39 cents per ton and no more than 70 cents per ton. The commissioner must hold a
public meeting before increasing the fee by more than five cents per ton.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 24.
Minnesota Statutes 2022, section 18C.70, subdivision 5, is amended to read:
Subd. 5.
Expiration.
This section expires June 30, deleted text begin 2025deleted text end new text begin 2026new text end .
Sec. 25.
Minnesota Statutes 2022, section 18C.71, subdivision 4, is amended to read:
Subd. 4.
Expiration.
This section expires June 30, deleted text begin 2025deleted text end new text begin 2026new text end .
Sec. 26.
Minnesota Statutes 2022, section 18C.80, subdivision 2, is amended to read:
Subd. 2.
Expiration.
This section expires June 30, deleted text begin 2025deleted text end new text begin 2026new text end .
Sec. 27.
new text begin
[18C.90] PRIVATE WELL DRINKING-WATER ASSISTANCE PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Account; appropriation. new text end
new text begin
A private well drinking-water assistance account
is established in the agricultural fund. Money in the account, including interest earned, is
appropriated to the commissioner for aid payments to community health boards under
subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Aid payments. new text end
new text begin
(a) At least annually, the commissioner must make aid payments
to community health boards established under chapter 145A for purposes of assisting eligible
residents under subdivision 3.
new text end
new text begin
(b) The commissioner must award proportional aid payments to eligible community
health boards based on each board's share of total private drinking-water wells in the state
with documented nitrate in excess of ten milligrams per liter, as determined by the
commissioner in consultation with the commissioners of health and the Pollution Control
Agency.
new text end
new text begin Subd. 3. new text end
new text begin Provision of safe drinking water. new text end
new text begin
(a) For purposes of this section, "safe
drinking water" means water required for drinking, cooking, and maintaining oral hygiene
that has a nitrate level of no more than ten milligrams per liter.
new text end
new text begin
(b) Community health boards must use aid payments received under subdivision 2 to
assist residents in obtaining safe drinking water when the documented level of nitrate in the
resident's private drinking-water well is more than ten milligrams per liter, with priority
given to pregnant women and children under the age of one.
new text end
new text begin
(c) Community health boards must assist eligible residents in obtaining safe drinking
water through one or more of the following methods:
new text end
new text begin
(1) convenient bottled water distribution or delivery;
new text end
new text begin
(2) reverse osmosis treatment unit acquisition, installation, and maintenance;
new text end
new text begin
(3) connection to a public water system; or
new text end
new text begin
(4) another method, as determined by the commissioner of health, that provides eligible
residents with a sufficient quantity of safe drinking water.
new text end
new text begin Subd. 4. new text end
new text begin Reports. new text end
new text begin
No later than January 15 each year, the commissioner must report
outcomes achieved under this section and any corresponding recommendations to the chairs
and ranking minority members of the legislative committees with jurisdiction over agriculture
and health.
new text end
Sec. 28.
Minnesota Statutes 2022, section 18D.301, subdivision 1, is amended to read:
Subdivision 1.
Enforcement required.
(a) The commissioner shall enforce this chapter
and chapters 18B, 18C, and 18F.
(b) Violations of chapter 18B, 18C, or 18F or rules adopted under chapter 18B, 18C, or
18Fnew text begin , or section 103H.275, subdivision 2,new text end are a violation of this chapter.
(c) Upon the request of the commissioner, county attorneys, sheriffs, and other officers
having authority in the enforcement of the general criminal laws shall take action to the
extent of their authority necessary or proper for the enforcement of this chapter or special
orders, standards, stipulations, and agreements of the commissioner.
Sec. 29.
Minnesota Statutes 2023 Supplement, section 18K.06, is amended to read:
18K.06 RULEMAKING.
(a) The commissioner deleted text begin shall adopt rules governing the production, testing, processing,
and licensing of industrial hemp. Notwithstanding the two-year limitation for exempt rules
under section 14.388, subdivision 1, Minnesota Rules, chapter 1565, published in the State
Register on August 16, 2021, is effective until August 16, 2025, or until permanent rules
implementing chapter 18K are adopted, whichever occurs firstdeleted text end new text begin may adopt or amend rules
governing the production, testing, processing, and licensing of industrial hemp using the
procedure in section 14.386, paragraph (a). Section 14.386, paragraph (b), does not apply
to rules adopted or amended under this sectionnew text end .
(b) Rules adopted under paragraph (a) must include but not be limited to provisions
governing:
(1) the supervision and inspection of industrial hemp during its growth and harvest;
(2) the testing of industrial hemp to determine delta-9 tetrahydrocannabinol levels;
(3) the use of background check results required under section 18K.04 to approve or
deny a license application; and
(4) any other provision or procedure necessary to carry out the purposes of this chapter.
(c) Rules issued under this section must be consistent with federal law regarding the
production, distribution, and sale of industrial hemp.
Sec. 30.
Minnesota Statutes 2022, section 28A.10, is amended to read:
28A.10 POSTING OF LICENSE; RULES.
All such licenses shall be issued for a period of one year and shall be posted or displayed
in a conspicuous place at the place of business so licensed. deleted text begin Except as provided in sections
29.22, subdivision 4 and 31.39, all such license fees and penalties collected by the
commissioner shall be deposited into the state treasury and credited to the general fund.deleted text end
The commissioner may adopt such rules in conformity with law as the commissioner deems
necessary to effectively and efficiently carry out the provisions of sections 28A.01 to 28A.16.
Sec. 31.
Minnesota Statutes 2022, section 28A.21, subdivision 6, is amended to read:
Subd. 6.
Expiration.
This section expires June 30, deleted text begin 2027deleted text end new text begin 2037new text end .
Sec. 32.
Minnesota Statutes 2022, section 31.74, is amended to read:
31.74 deleted text begin SALE OF IMITATIONdeleted text end HONEY.
Subdivision 1.
Honey defined.
As used in this section "honey" means the nectar and
saccharine exudation of plants, gathered, modified and stored in the comb by honey bees,
which is levorotatory, contains not more than 25 percent of water, not more than 25/100
percent of ash, and not more than eight percent sucrose.
Subd. 2.
Prohibited sale.
Notwithstanding any law or rule to the contrary, it is unlawful
for any person to sell or offer for sale any product which is in semblance of honey and which
is labeled, advertised, or otherwise represented to be honey, if it is not honey. The word
"imitation" shall not be used in the name of a product which is in semblance of honey
whether or not it contains any honey. The label for a product which is not in semblance of
honey and which contains honey may include the word "honey" in the name of the product
and the relative position of the word "honey" in the product name, and in the list of
ingredients, when required, shall be determined by its prominence as an ingredient in the
product.
new text begin Subd. 4. new text end
new text begin Food consisting of honey and another sweetener. new text end
new text begin
Consistent with the federal
act, the federal regulations incorporated under section 31.101, subdivision 7, and the
prohibition against misbranding in sections 31.02 and 34A.03, the label for a food in
semblance of honey and consisting of honey and another sweetener must include but is not
limited to the following elements:
new text end
new text begin
(1) a statement of identity that accurately identifies or describes the nature of the food
or its characterizing properties or ingredients; and
new text end
new text begin
(2) the common or usual name of each ingredient in the ingredient statement, in
descending order of predominance by weight.
new text end
Sec. 33.
Minnesota Statutes 2022, section 31.94, is amended to read:
31.94 ORGANIC AGRICULTURE; COMMISSIONER DUTIES.
(a) In order to promote opportunities for organic agriculture in Minnesota, the
commissioner shall:
(1) survey producers and support services and organizations to determine information
and research needs in the area of organic agriculture practices;
(2) work with the University of Minnesota and other research and education institutions
to demonstrate the on-farm applicability of organic agriculture practices to conditions in
this state;
(3) direct the programs of the department so as to work toward the promotion of organic
agriculture in this state;
(4) inform agencies about state or federal programs that support organic agriculture
practices; and
(5) work closely with producers, producer organizations, the University of Minnesota,
and other appropriate agencies and organizations to identify opportunities and needs as well
as ensure coordination and avoid duplication of state agency efforts regarding research,
teaching, marketing, and extension work relating to organic agriculture.
(b) By November 15 of each year that ends in a zero or a five, the commissioner, in
conjunction with the task force created in paragraph (c), shall report on the status of organic
agriculture in Minnesota to the legislative policy and finance committees and divisions with
jurisdiction over agriculture. The report must include available data on organic acreage and
production, available data on the sales or market performance of organic products, and
recommendations regarding programs, policies, and research efforts that will benefit
Minnesota's organic agriculture sector.
(c) A Minnesota Organic Advisory Task Force shall advise the commissioner and the
University of Minnesota on policies and programs that will improve organic agriculture in
Minnesota, including how available resources can most effectively be used for outreach,
education, research, and technical assistance that meet the needs of the organic agriculture
sector. The task force must consist of the following residents of the state:
(1) three organic farmers;
(2) one wholesaler or distributor of organic products;
(3) one representative of organic certification agencies;
(4) two organic processors;
(5) one representative from University of Minnesota Extension;
(6) one University of Minnesota faculty member;
(7) one representative from a nonprofit organization representing producers;
(8) two public members;
(9) one representative from the United States Department of Agriculture;
(10) one retailer of organic products; and
(11) one organic consumer representative.
The commissioner, in consultation with the director of the Minnesota Agricultural Experiment
Station; the dean and director of University of Minnesota Extension and the dean of the
College of Food, Agricultural and Natural Resource Sciences, shall appoint members to
serve three-year terms.
Compensation and removal of members are governed by section 15.059, subdivision 6.
The task force must meet at least twice each year and expires on June 30, deleted text begin 2024deleted text end new text begin 2034new text end .
(d) For the purposes of expanding, improving, and developing production and marketing
of the organic products of Minnesota agriculture, the commissioner may receive funds from
state and federal sources and spend them, including through grants or contracts, to assist
producers and processors to achieve certification, to conduct education or marketing
activities, to enter into research and development partnerships, or to address production or
marketing obstacles to the growth and well-being of the industry.
(e) The commissioner may facilitate the registration of state organic production and
handling operations including those exempt from organic certification according to Code
of Federal Regulations, title 7, section 205.101, and accredited certification agencies
operating within 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
Sec. 34.
Minnesota Statutes 2022, section 32D.30, is amended to read:
32D.30 DAIRY DEVELOPMENT AND PROFITABILITY ENHANCEMENT.
Subdivision 1.
Program.
The commissioner must implement a dairy development and
profitability enhancement program consisting of new text begin a new text end dairy profitability enhancement deleted text begin teams
anddeleted text end new text begin program,new text end dairy business planning grantsnew text begin , and other services to support the dairy industrynew text end .
Subd. 2.
Dairy profitability enhancement deleted text begin teamsdeleted text end new text begin programnew text end .
(a)new text begin Thenew text end dairy profitability
enhancement deleted text begin teamsdeleted text end new text begin programnew text end must provide deleted text begin one-on-onedeleted text end information and technical assistance
to dairy farms of all sizes to enhance their financial success and long-term sustainability.
deleted text begin Teamsdeleted text end new text begin The programnew text end must assist dairy producers in all dairy-producing regions of the state
deleted text begin anddeleted text end new text begin . Assistance to producers from the programnew text end may deleted text begin consist ofdeleted text end new text begin be provided individually, as
a team, or through other methods bynew text end farm business management instructors, dairy extension
specialists, and other dairy industry partners. deleted text begin Teamsdeleted text end new text begin The programnew text end may engage in activities
deleted text begin includingdeleted text end new text begin such asnew text end comprehensive financial analysis, risk management education, enhanced
milk marketing tools and technologies, deleted text begin anddeleted text end facilitating or improving production systemsnew text begin ,new text end
including rotational grazing and other sustainable agriculture methodsnew text begin , and value-added
opportunitiesnew text end .
(b) The commissioner must make grants to regional or statewide organizations qualified
to manage the various components of the deleted text begin teamsdeleted text end new text begin program and serve as program administratorsnew text end .
Each regional or statewide organization must designate a coordinator responsible for
overseeing the program and submitting periodic reports to the commissioner regarding
aggregate changes in producer financial stability, productivity, product quality, animal
health, environmental protection, and other performance measures attributable to the program.
The organizations must submit this information in a format that maintains the confidentiality
of individual dairy producers.
Subd. 3.
Dairy business planning grants.
The commissioner may award dairy business
planning grants of up to $5,000 per producernew text begin or dairy processornew text end to deleted text begin develop comprehensive
business plansdeleted text end new text begin use technical assistance services for evaluating operations, transitional
changes, expansions, improvements, and other business modificationsnew text end . Producersnew text begin and
processorsnew text end must not use dairy business planning grants for capital improvements.
Subd. 4.
Funding allocation.
Except as specified in law, the commissioner may allocate
dairy development and profitability enhancement program dollars deleted text begin amongdeleted text end new text begin fornew text end the permissible
uses specified in this sectionnew text begin and other needs to support the dairy industrynew text end , including efforts
to improve the quality of milk produced in the state, in the proportions that the commissioner
deems most beneficial to the state's dairy farmers.
Subd. 5.
Reporting.
No later than July 1 each year, the commissioner must submit a
detailed accomplishment report and work plan detailing future plans for, and the actual and
anticipated accomplishments from, expenditures under this section to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over
agriculture policy and finance. If the commissioner significantly modifies a submitted work
plan during the fiscal year, the commissioner must notify the chairs and ranking minority
members.
Sec. 35.
Minnesota Statutes 2023 Supplement, section 41A.19, is amended to read:
41A.19 REPORT; INCENTIVE PROGRAMS.
By January 15 each year, the commissioner shall report on the incentive new text begin and tax credit
new text end programs under sections 41A.16, 41A.17, 41A.18, deleted text begin anddeleted text end 41A.20new text begin , and 41A.30new text end to the legislative
committees with jurisdiction over environment new text begin policy and finance new text end and agriculture policy
and finance. The report shall include information on production deleted text begin anddeleted text end new text begin , blending,new text end incentive
expendituresnew text begin , and tax credit certificates awardednew text end under the programsdeleted text begin .deleted text end new text begin , as well as the following
information that the commissioner must require of each producer or blender who receives
a payment or a tax credit certificate during the reporting period:
new text end
new text begin
(1) the producer's or blender's business structure;
new text end
new text begin
(2) the name and address of the producer's or blender's parent company, if any;
new text end
new text begin
(3) a cumulative list of all financial assistance received from all public grantors for the
project;
new text end
new text begin
(4) goals for the number of jobs created and progress in achieving these goals, which
may include separate goals for the number of part-time or full-time jobs, or, in cases where
job loss is specific and demonstrable, goals for the number of jobs retained;
new text end
new text begin
(5) equity hiring goals and progress in achieving these goals;
new text end
new text begin
(6) wage goals and progress in achieving these goals for all jobs created or maintained
by the producer or blender;
new text end
new text begin
(7) board member and executive compensation;
new text end
new text begin
(8) evidence of compliance with environmental permits;
new text end
new text begin
(9) the producer's or blender's intended and actual use of payments from, or tax credits
approved by, the commissioner; and
new text end
new text begin
(10) if applicable, the latest financial audit opinion statement produced by a certified
public accountant in accordance with standards established by the American Institute of
Certified Public Accountants.
new text end
Sec. 36.
Minnesota Statutes 2022, section 41B.039, subdivision 2, is amended to read:
Subd. 2.
State participation.
The state may participate in a new real estate loan with
an eligible lender to a beginning farmer to the extent of 45 percent of the principal amount
of the loan or deleted text begin $400,000deleted text end new text begin $500,000new text end , whichever is less. The interest rates and repayment terms
of the authority's participation interest may be different than the interest rates and repayment
terms of the lender's retained portion of the loan.
Sec. 37.
Minnesota Statutes 2022, section 41B.04, subdivision 8, is amended to read:
Subd. 8.
State participation.
With respect to loans that are eligible for restructuring
under sections 41B.01 to 41B.23 and upon acceptance by the authority, the authority shall
enter into a participation agreement or other financial arrangement whereby it shall participate
in a restructured loan to the extent of 45 percent of the primary principal or deleted text begin $525,000deleted text end new text begin
$625,000new text end , whichever is less. The authority's portion of the loan must be protected during
the authority's participation by the first mortgage held by the eligible lender to the extent
of its participation in the loan.
Sec. 38.
Minnesota Statutes 2022, section 41B.042, subdivision 4, is amended to read:
Subd. 4.
Participation limit; interest.
The authority may participate in new
seller-sponsored loans to the extent of 45 percent of the principal amount of the loan or
deleted text begin $400,000deleted text end new text begin $500,000new text end , whichever is less. The interest rates and repayment terms of the
authority's participation interest may be different than the interest rates and repayment terms
of the seller's retained portion of the loan.
Sec. 39.
Minnesota Statutes 2022, section 41B.043, subdivision 1b, is amended to read:
Subd. 1b.
Loan participation.
The authority may participate in an agricultural
improvement loan with an eligible lender to a farmer who meets the requirements of section
41B.03, subdivision 1, clauses (1) and (2), and who is actively engaged in farming.
Participation is limited to 45 percent of the principal amount of the loan or deleted text begin $400,000deleted text end new text begin
$500,000new text end , whichever is less. The interest rates and repayment terms of the authority's
participation interest may be different than the interest rates and repayment terms of the
lender's retained portion of the loan.
Sec. 40.
Minnesota Statutes 2022, section 41B.045, subdivision 2, is amended to read:
Subd. 2.
Loan participation.
The authority may participate in a livestock expansion
and modernization loan with an eligible lender to a livestock farmer who meets the
requirements of section 41B.03, subdivision 1, clauses (1) and (2), and who are actively
engaged in a livestock operation. A prospective borrower must have a total net worth,
including assets and liabilities of the borrower's spouse and dependents, of less than
$1,700,000 in 2017 and an amount in subsequent years which is adjusted for inflation by
multiplying that amount by the cumulative inflation rate as determined by the United States
All-Items Consumer Price Index.
Participation is limited to 45 percent of the principal amount of the loan or deleted text begin $525,000deleted text end new text begin
$625,000new text end , whichever is less. The interest rates and repayment terms of the authority's
participation interest may be different from the interest rates and repayment terms of the
lender's retained portion of the loan.
Sec. 41.
Minnesota Statutes 2022, section 41B.047, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
The authority shall establish and implement a disaster
recovery loan program to help farmers:
(1) clean up, repair, or replace farm structures and septic and water systems, as well as
replace seed, other crop inputs, feed, and livestock;
(2) purchase watering systems, irrigation systems, deleted text begin anddeleted text end other drought mitigation systems
and practicesnew text begin , and feednew text end when drought is the cause of the purchase;
(3) restore farmland;
(4) replace flocks or livestock, make building improvements, or cover the loss of revenue
when the replacement, improvements, or loss of revenue is due to the confirmed presence
of a highly contagious animal disease in a commercial poultry or game flock, or a commercial
livestock operation, located in Minnesota; or
(5) cover the loss of revenue when the revenue loss is due to an infectious human disease
for which the governor has declared a peacetime emergency under section 12.31.
Sec. 42.
Minnesota Statutes 2022, section 223.17, subdivision 6, is amended to read:
Subd. 6.
Financial statements.
(a) Except as allowed in paragraph (c), a grain buyer
licensed under this chapter must annually submit to the commissioner a financial statement
prepared new text begin by a third-party independent accountant or certified public accountant new text end in accordance
with deleted text begin generally accepted accounting principlesdeleted text end new text begin national or international accounting standardsnew text end .
The annual financial statement required under this subdivision must also:
(1) includedeleted text begin ,deleted text end but not be limited to the following:
(i) a balance sheet;
(ii) a statement of income (profit and loss);
(iii) a statement of retained earnings;
(iv) a statement of deleted text begin changes in financial positiondeleted text end new text begin cash flownew text end ; and
(v) a statement of the dollar amount of grain purchased in the previous fiscal year of the
grain buyer;
(2) be accompanied by a deleted text begin compilationdeleted text end report of the financial statement that is prepared
by a grain commission firm or a management firm approved by the commissioner or by an
independent public accountant, in accordance with standards established by the American
Institute of Certified Public Accountantsnew text begin or similar international standardsnew text end ;
deleted text begin
(3) be accompanied by a certification by the chief executive officer or the chief executive
officer's designee of the licensee, and where applicable, all members of the governing board
of directors under penalty of perjury, that the financial statement accurately reflects the
financial condition of the licensee for the period specified in the statement;
deleted text end
deleted text begin
(4) for grain buyers purchasing under $7,500,000 of grain annually, be reviewed by a
certified public accountant in accordance with standards established by the American Institute
of Certified Public Accountants, and must show that the financial statements are free from
material misstatements; and
deleted text end
deleted text begin (5)deleted text end new text begin (3)new text end for grain buyers purchasing $7,500,000 or more of grain annually, be audited new text begin or
reviewed new text end by a certified public accountant in accordance with standards established by the
American Institute of Certified Public Accountants deleted text begin anddeleted text end new text begin or similar international standards.
An auditnew text end must include an opinion statement from the certified public accountantdeleted text begin .deleted text end new text begin performing
the audit; and
new text end
new text begin
(4) for grain buyers purchasing $20,000,000 or more of grain annually, be audited by a
certified public accountant in accordance with standards established by the American Institute
of Certified Public Accountants or similar international standards. The audit must include
an opinion statement from the certified public accountant performing the audit.
new text end
(b) Only one financial statement must be filed for a chain of warehouses owned or
operated as a single business entity, unless otherwise required by the commissioner. All
financial statements filed with the commissioner are private or nonpublic data as provided
in section 13.02.
(c) A grain buyer who purchases grain immediately upon delivery solely with cashdeleted text begin ; a
certified check; a cashier's check; or a postal, bank, or express money orderdeleted text end new text begin , as defined in
section 223.16, subdivision 2a, paragraph (b),new text end is exempt from this subdivision if the grain
buyer's gross annual purchases are $1,000,000 or less.
new text begin
(d) For an entity that qualifies for the exemption in paragraph (c), the commissioner
retains the right to require the entity to provide the commissioner with financial reporting
based on inspections, any report of nonpayment, or other documentation related to violations
of this chapter, chapter 232, or Minnesota Rules, chapter 1562.
new text end
new text begin
(e) To ensure compliance with this chapter, the commissioner must annually review
financial statements submitted under paragraph (a).
new text end
deleted text begin (d)deleted text end new text begin (f)new text end The commissioner shall annually provide information on a person's fiduciary
duties to each licensee. deleted text begin To the extent practicable, the commissioner must direct each licensee
deleted text end deleted text begin to provide this information to all persons required to certify the licensee's financial statement
under paragraph (a), clause (3).
deleted text end
new text begin
(g) The commissioner may require an entity to provide additional financial statements
or financial reporting, including audited financial statements.
new text end
Sec. 43.
Minnesota Statutes 2022, section 232.21, subdivision 3, is amended to read:
Subd. 3.
Commissioner.
"Commissioner" means the commissioner of agriculturenew text begin or the
commissioner's designeenew text end .
Sec. 44.
Minnesota Statutes 2022, section 232.21, subdivision 7, is amended to read:
Subd. 7.
Grain.
"Grain" means any deleted text begin cereal grain, coarse grain, or oilseed in unprocessed
form for which a standard has been established by the United States Secretary of Agriculture,
dry edible beans, or agricultural crops designated by the commissioner by ruledeleted text end new text begin product
commonly referred to as grain, including wheat, corn, oats, barley, rye, rice, soybeans,
emmer, sorghum, triticale, millet, pulses, dry edible beans, sunflower seed, rapeseed, canola,
safflower, flaxseed, mustard seed, crambe, sesame seed, and other products ordinarily stored
in grain warehousesnew text end .
Sec. 45.
Minnesota Statutes 2022, section 232.21, subdivision 11, is amended to read:
Subd. 11.
Producer.
"Producer" means a person who deleted text begin owns or manages a grain producing
or growing operation and holds or shares the responsibility for marketing that grain produceddeleted text end new text begin
grows grain on land owned or leased by the personnew text end .
Sec. 46.
Minnesota Statutes 2022, section 232.21, subdivision 12, is amended to read:
Subd. 12.
Public grain warehouse operator.
"Public grain warehouse operator" meansnew text begin :
(1)new text end a person deleted text begin licensed to operatedeleted text end new text begin operatingnew text end a grain warehouse in which grain belonging to
persons other than the grain warehouse operator is accepted for storage or purchasedeleted text begin , ordeleted text end new text begin ; (2)
a personnew text end who offers grain storage or grain warehouse facilities to the public for hirenew text begin ;new text end or new text begin (3)
new text end a feed-processing plant that receives and stores grain, the equivalent of whichdeleted text begin ,deleted text end it processes
and returns to the grain's owner in amounts, at intervals, and with added ingredients that
are mutually agreeable to the grain's owner and the person operating the plant.
Sec. 47.
Minnesota Statutes 2022, section 232.21, subdivision 13, is amended to read:
Subd. 13.
Scale ticket.
"Scale ticket" means a memorandum deleted text begin showing the weight, grade
and kind of grain which isdeleted text end issued by a grain new text begin elevator or new text end warehouse operator to a depositor
at the time the grain is delivered.
Sec. 48. new text begin CREDIT MARKET REPORT REQUIRED.
new text end
new text begin
The commissioner of agriculture must convene a stakeholder working group to explore
the state establishing a market for carbon credits, ecosystem services credits, or other credits
generated by farmers who implement clean water, climate-smart, and soil-healthy farming
practices. To the extent practicable, the stakeholder working group must include but is not
limited to farmers; representatives of agricultural organizations; experts in geoscience,
carbon storage, greenhouse gas modeling, and agricultural economics; industry
representatives with experience in carbon markets and supply chain sustainability; and
representatives of environmental organizations with expertise in carbon sequestration and
agriculture. No later than February 1, 2025, the commissioner must report recommendations
to the legislative committees with jurisdiction over agriculture. The commissioner must
provide participating stakeholders an opportunity to include written testimony in the
commissioner's report.
new text end
Sec. 49. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 3.7371, subdivision 7; and 34.07,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, parts 1506.0010; 1506.0015; 1506.0020; 1506.0025; 1506.0030;
1506.0035; and 1506.0040,
new text end
new text begin
are repealed.
new text end
ARTICLE 8
BROADBAND
Section 1.
Minnesota Statutes 2022, section 116J.396, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Transfer. new text end
new text begin
The commissioner may transfer up to $5,000,000 of a fiscal year
appropriation between the border-to-border broadband program, low density population
broadband program, and the broadband line extension program to meet demand.
new text end
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. new text begin BROADBAND DEVELOPMENT; APPLICATION FOR FEDERAL
FUNDING; APPROPRIATION.
new text end
new text begin
(a) The commissioner of employment and economic development must prepare and
submit an application to the United States Department of Commerce requesting State Digital
Equity Capacity Grant Funding made available under Public Law 117-58, the Infrastructure
Investment and Jobs Act.
new text end
new text begin
(b) The amount awarded to Minnesota pursuant to the application submitted under
paragraph (a) is appropriated to the commissioner of employment and economic development
for purposes of the commissioner's Minnesota Digital Opportunity Plan.
new text end
ARTICLE 9
GENERAL FUND ENERGY APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF COMMERCE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
1,133,000 new text end |
||
new text begin
(a) $500,000 in fiscal year 2025 is for a study
to identify suitable sites statewide for the
installation of thermal energy networks. This
is a onetime appropriation and is available
until December 31, 2025.
new text end
new text begin
(b) $500,000 in fiscal year 2025 is for transfer
to the SolarAPP+ program account established
under Minnesota Statutes, section 216C.48,
for the awarding of incentives to local units
of government that deploy federally developed
software to automate the review of
applications and issuance of permits for
residential solar projects. Incentives may only
be awarded to local units of government
located outside the electric service territory of
the public utility required to make payments
under Minnesota Statutes, section 116C.779,
subdivision 1. This is a onetime transfer and
is available until June 30, 2028.
new text end
new text begin
(c) $133,000 in fiscal year 2025 is for
participation in a Minnesota Public Utilities
Commission proceeding to review electric
transmission line owners' plans to deploy
grid-enhancing technologies and issue an order
to implement the plans. The base in fiscal year
2026 is $265,000 and the base in fiscal year
2027 is $265,000. The base in fiscal year 2028
is $0.
new text end
Sec. 3. new text begin PUBLIC UTILITIES COMMISSION
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
433,000 new text end |
||
new text begin
(a) $39,000 in fiscal year 2025 is for support
of the Thermal Energy Network Deployment
Workgroup and preparation of a report. The
base in fiscal year 2026 is $77,000, and the
base in fiscal year 2027 is $0.
new text end
new text begin
(b) $117,000 in fiscal year 2025 is for review
of electric transmission line owners' plans to
deploy grid-enhancing technologies and
development of a commission order to
implement approved plans. The base in fiscal
year 2026 is $157,000 and the base in fiscal
year 2027 is $157,000. The base in fiscal year
2028 is $0.
new text end
new text begin
(c) $111,000 in fiscal year 2025 is for
conducting a proceeding to develop a
cost-sharing mechanism enabling developers
of distributed generation projects to pay
utilities to expand distribution line capacity in
order to interconnect to the grid. The base in
fiscal year 2026 is $111,000 and the base in
fiscal year 2027 is $77,000. The base in fiscal
year 2028 is $0.
new text end
new text begin
(d) $166,000 in fiscal year 2025 is for
participating in Public Utilities Commission
proceedings to issue site and route permits for
electric power facilities under revised
administrative procedures. The base in fiscal
year 2026 and thereafter is $121,000.
new text end
ARTICLE 10
RENEWABLE DEVELOPMENT ACCOUNT APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
(a) The sums shown in the columns marked "Appropriations" are appropriated to the
agencies and for the purposes specified in this article. Notwithstanding Minnesota Statutes,
section 116C.779, subdivision 1, paragraph (j), the appropriations are from the renewable
development account in the special revenue fund established in Minnesota Statutes, section
116C.779, subdivision 1, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
new text end
new text begin
(b) If an appropriation in this article is enacted more than once in the 2024 regular or
special legislative session, the appropriation must be given effect only once.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2024 new text end |
new text begin
2025 new text end |
|||||
Sec. 2. new text begin DEPARTMENT OF COMMERCE
|
new text begin
$ new text end |
new text begin
-0- new text end |
new text begin
$ new text end |
new text begin
14,200,000 new text end |
||
new text begin
(a) $5,000,000 in fiscal year 2025 is for a grant
for construction of a geothermal energy system
at Sabathani Community Center in
Minneapolis. This is a onetime appropriation
and is available until June 30, 2028.
new text end
new text begin
(b) $2,500,000 in fiscal year 2025 is for
transfer to the geothermal planning grant
account established under Minnesota Statutes,
section 216C.47, for planning grants to
political subdivisions to assess the feasibility
and cost of constructing geothermal energy
systems. This is a onetime appropriation and
is available until June 30, 2027.
new text end
new text begin
(c) $5,000,000 in fiscal year 2025 is for a grant
to Ramsey County Recycling and Energy
Center and Dem-Con HZI Bioenergy LLC to
construct an anaerobic digester energy system
in Louisville Township. This is a onetime
appropriation and is available until June 30,
2028.
new text end
new text begin
(d) $1,700,000 in fiscal year 2025 is for
transfer to the SolarAPP+ program account
established under Minnesota Statutes, section
216C.48, for the awarding of incentives to
local units of government that deploy federally
developed software to automate the review of
applications and issuance of permits for
residential solar projects. Incentives may only
be awarded to political subdivisions located
within the electric service territory of the
public utility that is required to make payments
under Minnesota Statutes, section 116C.779,
subdivision 1. This is a onetime transfer.
new text end
ARTICLE 11
GEOTHERMAL ENERGY
Section 1.
Minnesota Statutes 2022, section 216B.2427, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section and section 216B.2428,
the following terms have the meanings given.
(b) "Biogas" means gas produced by the anaerobic digestion of biomass, gasification of
biomass, or other effective conversion processes.
(c) "Carbon capture" means the capture of greenhouse gas emissions that would otherwise
be released into the atmosphere.
(d) "Carbon-free resource" means an electricity generation facility whose operation does
not contribute to statewide greenhouse gas emissions, as defined in section 216H.01,
subdivision 2.
new text begin
(e) "Disadvantaged community" means a community in Minnesota that is:
new text end
new text begin
(1) defined as disadvantaged by the federal agency disbursing federal funds, when the
federal agency is providing funds for an innovative resource; or
new text end
new text begin
(2) an environmental justice area, as defined under section 216B.1691, subdivision 1.
new text end
deleted text begin (e)deleted text end new text begin (f)new text end "District energy" means a heating or cooling system that is solar thermal powered
or that uses the constant temperature of the earth or underground aquifers as a thermal
exchange medium to heat or cool multiple buildings connected through a piping network.
deleted text begin (f)deleted text end new text begin (g)new text end "Energy efficiency" has the meaning given in section 216B.241, subdivision 1,
paragraph (f), but does not include energy conservation investments that the commissioner
determines could reasonably be included in a utility's conservation improvement program.
deleted text begin (g)deleted text end new text begin (h)new text end "Greenhouse gas emissions" means emissions of carbon dioxide, methane, nitrous
oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride emitted by
anthropogenic sources within Minnesota and from the generation of electricity imported
from outside the state and consumed in Minnesota, excluding carbon dioxide that is injected
into geological formations to prevent its release to the atmosphere in compliance with
applicable laws.
deleted text begin (h)deleted text end new text begin (i)new text end "Innovative resource" means biogas, renewable natural gas, power-to-hydrogen,
power-to-ammonia, carbon capture, strategic electrification, district energy, and energy
efficiency.
deleted text begin (i)deleted text end new text begin (j)new text end "Lifecycle greenhouse gas emissions" means the aggregate greenhouse gas
emissions resulting from the production, processing, transmission, and consumption of an
energy resource.
deleted text begin (j)deleted text end new text begin (k)new text end "Lifecycle greenhouse gas emissions intensity" means lifecycle greenhouse gas
emissions per unit of energy delivered to an end user.
deleted text begin (k)deleted text end new text begin (l)new text end "Nonexempt customer" means a utility customer that has not been included in a
utility's innovation plan under subdivision 3, paragraph (f).
deleted text begin (l)deleted text end new text begin (m)new text end "Power-to-ammonia" means the production of ammonia from hydrogen produced
via power-to-hydrogen using a process that has a lower lifecycle greenhouse gas intensity
than does natural gas produced from conventional geologic sources.
deleted text begin (m)deleted text end new text begin (n)new text end "Power-to-hydrogen" means the use of electricity generated by a carbon-free
resource to produce hydrogen.
deleted text begin (n)deleted text end new text begin (o)new text end "Renewable energy" has the meaning given in section 216B.2422, subdivision
1.
deleted text begin (o)deleted text end new text begin (p)new text end "Renewable natural gas" means biogas that has been processed to be
interchangeable with, and that has a lower lifecycle greenhouse gas intensity than, natural
gas produced from conventional geologic sources.
deleted text begin (p)deleted text end new text begin (q)new text end "Solar thermal" has the meaning given to qualifying solar thermal project in
section 216B.2411, subdivision 2, paragraph (d).
deleted text begin (q)deleted text end new text begin (r)new text end "Strategic electrification" means the installation of electric end-use equipment in
an existing building in which natural gas is a primary or back-up fuel source, or in a newly
constructed building in which a customer receives natural gas service for one or more
end-uses, provided that the electric end-use equipment:
(1) results in a net reduction in statewide greenhouse gas emissions, as defined in section
216H.01, subdivision 2, over the life of the equipment when compared to the most efficient
commercially available natural gas alternative; and
(2) is installed and operated in a manner that improves the load factor of the customer's
electric utility.
Strategic electrification does not include investments that the commissioner determines
could reasonably be included in the natural gas utility's conservation improvement program
under section 216B.241.
new text begin
(s) "Thermal energy network" means a project that provides heating and cooling to
multiple buildings connected via underground piping containing fluids that, in concert with
heat pumps, exchange thermal energy from the earth, underground or surface waters,
wastewater, or other heat sources.
new text end
deleted text begin (r)deleted text end new text begin (t)new text end "Total incremental cost" means the calculation of the following components of a
utility's innovation plan approved by the commission under subdivision 2:
(1) the sum of:
(i) return of and on capital investments for the production, processing, pipeline
interconnection, storage, and distribution of innovative resources;
(ii) incremental operating costs associated with capital investments in infrastructure for
the production, processing, pipeline interconnection, storage, and distribution of innovative
resources;
(iii) incremental costs to procure innovative resources from third parties;
(iv) incremental costs to develop and administer programs; and
(v) incremental costs for research and development related to innovative resources;
(2) less the sum of:
(i) value received by the utility upon the resale of innovative resources or innovative
resource by-products, including any environmental credits included with the resale of
renewable gaseous fuels or value received by the utility when innovative resources are used
as vehicle fuel;
(ii) cost savings achieved through avoidance of purchases of natural gas produced from
conventional geologic sources, including but not limited to avoided commodity purchases
and avoided pipeline costs; and
(iii) other revenues received by the utility that are directly attributable to the utility's
implementation of an innovation plan.
deleted text begin (s)deleted text end new text begin (u)new text end "Utility" means a public utility, as defined in section 216B.02, subdivision 4, that
provides natural gas sales or natural gas transportation services to customers in Minnesota.
Sec. 2.
Minnesota Statutes 2022, section 216B.2427, is amended by adding a subdivision
to read:
new text begin Subd. 9a. new text end
new text begin Thermal energy networks. new text end
new text begin
Innovation plans filed after July 1, 2024, under
this section by a utility with more than 800,000 customers must include spending of at least
15 percent of the utility's proposed total incremental costs over the five-year term of the
proposed innovation plan for thermal energy networks projects. If the utility has developed
or is developing thermal energy network projects outside of an approved innovation plan,
the utility may apply the budget for the projects toward the 15 percent minimum requirement
without counting the costs against the limitations on utility customer costs under subdivision
3.
new text end
Sec. 3.
new text begin
[216C.47] GEOTHERMAL PLANNING GRANTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Eligible applicant" means a county, city, town, or the Metropolitan Council.
new text end
new text begin
(c) "Geothermal energy system" means a system that heats and cools one or more
buildings by using the constant temperature of the earth as both a heat source and heat sink,
and a heat exchanger consisting of an underground closed loop system of piping containing
a liquid to absorb and relinquish heat within the earth. Geothermal energy system includes:
new text end
new text begin
(1) a bored geothermal heat exchanger, as defined in section 103I.005;
new text end
new text begin
(2) a groundwater thermal exchange device, as defined in section 103I.005; and
new text end
new text begin
(3) a submerged closed loop heat exchanger, as defined in section 103I.005.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
A geothermal planning grant program is established in the
department to provide financial assistance to eligible applicants to examine the technical
and economic feasibility of installing geothermal energy systems.
new text end
new text begin Subd. 3. new text end
new text begin Account established. new text end
new text begin
(a) The geothermal planning grant account is established
as a separate account in the special revenue fund in the state treasury. The commissioner
must credit to the account appropriations and transfers to the account. Earnings, including
interest, dividends, and any other earnings arising from assets of the account, must be
credited to the account. Money remaining in the account at the end of a fiscal year does not
cancel to the general fund, but remains in the account until June 30, 2027. The commissioner
must manage the account.
new text end
new text begin
(b) Money in the account is appropriated to the commissioner to (1) award geothermal
planning grants to eligible applicants, and (2) reimburse the reasonable costs incurred by
the department to administer this section.
new text end
new text begin Subd. 4. new text end
new text begin Application process. new text end
new text begin
An applicant seeking a grant under this section must
submit an application to the commissioner on a form developed by the commissioner. The
commissioner must develop administrative procedures to govern the application and grant
award process. The commissioner may contract with a third party to conduct some or all of
the program's operations.
new text end
new text begin Subd. 5. new text end
new text begin Grant awards. new text end
new text begin
(a) A grant awarded under this process may be used to pay the
total cost of the activities eligible for funding under subdivision 6, up to a limit of $150,000.
new text end
new text begin
(b) The commissioner must endeavor to award grants to eligible applicants in all regions
of Minnesota.
new text end
new text begin
(c) Grants may be awarded under this section only to projects whose work is completed
after July 1, 2024.
new text end
new text begin Subd. 6. new text end
new text begin Eligible grant expenditures. new text end
new text begin
Activities that may be funded with a grant awarded
under this section include:
new text end
new text begin
(1) analysis of the heating and cooling demand of the building or buildings that consume
energy from the geothermal energy system;
new text end
new text begin
(2) evaluation of equipment that could be combined with a geothermal energy system
to meet the building's heating and cooling requirement;
new text end
new text begin
(3) analysis of the geologic conditions of the earth in which a geothermal energy system
operates, including the drilling of one or more test wells to characterize geologic materials
and to measure properties of the earth and aquifers that impact the feasibility of installing
and operating a geothermal energy system; and
new text end
new text begin
(4) preparation of a financial analysis of the project.
new text end
new text begin Subd. 7. new text end
new text begin Contractor and subcontractor requirements. new text end
new text begin
Contractors and subcontractors
performing work funded with a grant awarded under this section must have experience
installing geothermal energy systems.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4. new text begin THERMAL ENERGY NETWORK DEPLOYMENT WORK GROUP.
new text end
new text begin Subdivision 1. new text end
new text begin Direction. new text end
new text begin
The Public Utilities Commission must establish and appoint
a thermal energy network deployment work group to examine (1) the potential regulatory
opportunities for regulated natural gas utilities to deploy thermal energy networks, and (2)
potential barriers to development. The work group must examine the public benefits, costs,
and impacts of deployment of thermal energy networks, as well as examine rate design
options.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
(a) The work group consists of at least the following:
new text end
new text begin
(1) representatives of the Department of Commerce;
new text end
new text begin
(2) representatives of the Department of Health;
new text end
new text begin
(3) representatives of the Pollution Control Agency;
new text end
new text begin
(4) representatives of the Department of Natural Resources;
new text end
new text begin
(5) representatives of the Office of the Attorney General;
new text end
new text begin
(6) representatives from utilities;
new text end
new text begin
(7) representatives from clean energy advocacy organizations;
new text end
new text begin
(8) representatives from labor organizations;
new text end
new text begin
(9) geothermal technology providers;
new text end
new text begin
(10) representatives from consumer protection organizations;
new text end
new text begin
(11) representatives from cities; and
new text end
new text begin
(12) representatives from low-income communities.
new text end
new text begin
(b) The executive secretary of the Public Utilities Commission may invite others to
participate in one or more meetings of the work group.
new text end
new text begin
(c) In appointing members to the work group, the Public Utilities Commission shall
endeavor to ensure that all geographic regions of Minnesota are represented.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
The work group must prepare a report containing findings and
recommendations regarding how to deploy thermal energy networks within a regulated
context in a manner that protects the public interest and considers reliability, affordability,
environmental impacts, and socioeconomic impacts.
new text end
new text begin Subd. 4. new text end
new text begin Report to legislature. new text end
new text begin
The work group must submit a report detailing the work
group's findings and recommendations to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over energy policy and finance by
December 31, 2025. The work group terminates the day after the report under this subdivision
is submitted.
new text end
new text begin Subd. 5. new text end
new text begin Notice and comment period. new text end
new text begin
The executive secretary of the Public Utilities
Commission must file the completed report in Public Utilities Commission Docket No.
G-999/CI-21-565 and provide notice to all docket participants and other interested persons
that comments on the findings and recommendations may be filed in the docket.
new text end
new text begin Subd. 6. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "thermal energy network" means
a project that provides heating and cooling to multiple buildings connected via underground
piping containing fluids that, in concert with heat pumps, exchange thermal energy from
the earth, underground or surface waters, wastewater, or other heat sources.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5. new text begin THERMAL ENERGY NETWORK SITE SUITABILITY STUDY.
new text end
new text begin
(a) The Department of Commerce shall conduct or contract for a study to determine the
suitability of sites to deploy thermal energy networks statewide.
new text end
new text begin
(b) The study must:
new text end
new text begin
(1) identify areas more and less suitable for deployment of thermal energy networks
statewide; and
new text end
new text begin
(2) identify potential barriers to the deployment of thermal energy networks and potential
ways to address the barriers.
new text end
new text begin
(c) In determining site suitability, the study must consider:
new text end
new text begin
(1) geologic or hydrologic access to thermal storage;
new text end
new text begin
(2) the existing built environment, including but not limited to age, density, building
uses, existing heating and cooling systems, and existing electrical services;
new text end
new text begin
(3) the condition of existing natural gas infrastructure;
new text end
new text begin
(4) road and street conditions, including planned replacement or maintenance;
new text end
new text begin
(5) local land use regulations;
new text end
new text begin
(6) area permitting requirements; and
new text end
new text begin
(7) whether the area is an environmental justice area, as defined in section 116.065,
subdivision 1, paragraph (e).
new text end
new text begin
(d) No later than January 15, 2026, the Department of Commerce must submit a written
report documenting the study's findings to the chairs and ranking minority members of the
senate and house of representatives committees with jurisdiction over energy policy and
finance.
new text end
new text begin
(e) For the purposes of this section, "thermal energy network" means a project that
provides heating and cooling to multiple buildings connected via underground piping
containing fluids that, in concert with heat pumps, exchange thermal energy from the earth,
underground or surface waters, wastewater, or other heat sources.
new text end
ARTICLE 12
ELECTRIC TRANSMISSION
Section 1.
Minnesota Statutes 2022, section 216B.2421, subdivision 2, is amended to read:
Subd. 2.
Large energy facility.
"Large energy facility" means:
(1) any electric power generating plant or combination of plants at a single site with a
combined capacity of 50,000 kilowatts or more and transmission lines directly associated
with the plant that are necessary to interconnect the plant to the transmission system;
(2) any high-voltage transmission line with a capacity of deleted text begin 200deleted text end new text begin 300new text end kilovolts or more and
greater than deleted text begin 1,500 feetdeleted text end new text begin 30 milesnew text end in length;
deleted text begin
(3) any high-voltage transmission line with a capacity of 100 kilovolts or more with
more than ten miles of its length in Minnesota or that crosses a state line;
deleted text end
deleted text begin (4)deleted text end new text begin (3)new text end any pipeline greater than six inches in diameter and having more than 50 miles
of its length in Minnesota used for the transportation of coal, crude petroleum or petroleum
fuels or oil, or their derivatives;
deleted text begin (5)deleted text end new text begin (4)new text end any pipeline for transporting natural or synthetic gas at pressures in excess of
200 pounds per square inch with more than 50 miles of its length in Minnesota;
deleted text begin (6)deleted text end new text begin (5)new text end any facility designed for or capable of storing on a single site more than 100,000
gallons of liquefied natural gas or synthetic gas;
deleted text begin (7)deleted text end new text begin (6)new text end any underground gas storage facility requiring a permit pursuant to section
103I.681;
deleted text begin (8)deleted text end new text begin (7)new text end any nuclear fuel processing or nuclear waste storage or disposal facility; and
deleted text begin (9)deleted text end new text begin (8)new text end any facility intended to convert any material into any other combustible fuel and
having the capacity to process in excess of 75 tons of the material per hour.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to any project that has filed an application for a certificate of need or a site or route
permit from the commission on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2022, section 216B.2425, subdivision 1, is amended to read:
Subdivision 1.
List.
The commission shall maintain a list of certified high-voltage
transmission linenew text begin and grid enhancing technologynew text end projects.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2025.
new text end
Sec. 3.
Minnesota Statutes 2022, section 216B.2425, is amended by adding a subdivision
to read:
new text begin Subd. 1a. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Capacity" means the maximum amount of electricity that can flow through a
transmission line while observing industry safety standards.
new text end
new text begin
(c) "Congestion" means a condition in which a lack of transmission line capacity prevents
the delivery of the lowest-cost electricity dispatched to meet load at a specific location.
new text end
new text begin
(d) "Dynamic line rating" means hardware or software used to calculate the thermal
limit of existing transmission lines at a specific point in time by incorporating information
on real-time and forecasted weather conditions.
new text end
new text begin
(e) "Grid enhancing technology" means hardware or software that reduces congestion
or enhances the flexibility of the transmission system by increasing the capacity of a
high-voltage transmission line or rerouting electricity from overloaded to uncongested lines,
while maintaining industry safety standards. Grid enhancing technologies include but are
not limited to dynamic line rating, advanced power flow controllers, and topology
optimization.
new text end
new text begin
(f) "Power flow controller" means hardware and software used to reroute electricity
from overloaded transmission lines to underutilized transmission lines.
new text end
new text begin
(g) "Thermal limit" means the temperature a transmission line reaches when heat from
the electric current flow within the transmission line causes excessive sagging of the
transmission line.
new text end
new text begin
(h) "Topology optimization" means a software technology that uses mathematical models
to identify reconfigurations in the transmission grid in order to reroute electricity from
overloaded transmission lines to underutilized transmission lines.
new text end
new text begin
(i) "Transmission line" has the meaning given to "high-voltage transmission line" in
section 216E.01. subdivision 4.
new text end
new text begin
(j) "Transmission system" means a network of high-voltage transmission lines owned
or operated by an entity subject to this section that transports electricity to Minnesota
customers.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4.
Minnesota Statutes 2022, section 216B.2425, subdivision 2, is amended to read:
Subd. 2.
List development; transmissionnew text begin and grid enhancing technologynew text end projects
report.
(a) By November 1 of each odd-numbered year, a transmission projects report must
be submitted to the commission by each utility, organization, or company that:
(1) is a public utility, a municipal utility, a cooperative electric association, the generation
and transmission organization that serves each utility or association, or a transmission
company; and
(2) owns or operates electric transmission lines in Minnesota, except a company or
organization that owns a transmission line that serves a single customer or interconnects a
single generating facility.
(b) The report may be submitted jointly or individually to the commission.
(c) The report must:
(1) list specific present and reasonably foreseeable future inadequacies in the transmission
system in Minnesota;
(2) identify alternative means of addressing each inadequacy listednew text begin , including grid
enhancing technologies such as dynamic line rating, power flow controllers, topology
optimization, and other hardware or software that reduce congestion or enhance the flexibility
of the transmission systemnew text end ;
(3) identify general economic, environmental, and social issues associated with each
alternative; and
(4) provide a summary of public input related to the list of inadequacies and the role of
local government officials and other interested persons in assisting to develop the list and
analyze alternatives.
(d) To meet the requirements of this subdivision, reporting parties may rely on available
information and analysis developed by a regional transmission organization or any subgroup
of a regional transmission organization and may develop and include additional information
as necessary.
(e) In addition to providing the information required under this subdivision, a utility
operating under a multiyear rate plan approved by the commission under section 216B.16,
subdivision 19, shall identify in its report investments that it considers necessary to modernize
the transmission and distribution system by enhancing reliability, improving security against
cyber and physical threats, and by increasing energy conservation opportunities by facilitating
communication between the utility and its customers through the use of two-way meters,
control technologies, energy storage and microgrids, technologies to enable demand response,
and other innovative technologies.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2022, section 216B.243, subdivision 3, is amended to read:
Subd. 3.
Showing required for construction.
No proposed large energy facility shall
be certified for construction unless the applicant can show that demand for electricity cannot
be met more cost effectively through energy conservation and load-management measures
and unless the applicant has otherwise justified its need. In assessing need, the commission
shall evaluate:
(1) the accuracy of the long-range energy demand forecasts on which the necessity for
the facility is based;
(2) the effect of existing or possible energy conservation programs under sections 216C.05
to 216C.30 and this section or other federal or state legislation on long-term energy demand;
(3) the relationship of the proposed facility to overall state energy needs, as described
in the most recent state energy policy and conservation report prepared under section
216C.18, or, in the case of a high-voltage transmission line, the relationship of the proposed
line to regional energy needs, as presented in the transmission plan submitted under section
216B.2425;
(4) promotional activities that may have given rise to the demand for this facility;
(5) benefits of this facility, including its uses to protect or enhance environmental quality,
and to increase reliability of energy supply in Minnesota and the region;
(6) possible alternatives for satisfying the energy demand or transmission needs including
but not limited to potential for increased efficiency and upgrading of existing energy
generation and transmission facilities, load-management programs, and distributed generationnew text begin ,
except that the commission shall not evaluate alternative endpoints for a high-voltage
transmission line unless (i) the alternative endpoints are consistent with endpoints identified
in a Transmission Expansion Plan approved by the board of directors of the Midcontinent
Independent System Operator, or (ii) the applicant agrees to the evaluation of the alternative
endpointsnew text end ;
(7) the policies, rules, and regulations of other state and federal agencies and local
governments;
(8) any feasible combination of energy conservation improvements, required under
section 216B.241, that can (i) replace part or all of the energy to be provided by the proposed
facility, and (ii) compete with it economically;
(9) with respect to a high-voltage transmission line, the benefits of enhanced regional
reliability, access, or deliverability to the extent these factors improve the robustness of the
transmission system or lower costs for electric consumers in Minnesota;
(10) whether the applicant or applicants are in compliance with applicable provisions
of sections 216B.1691 and 216B.2425, subdivision 7, and have filed or will file by a date
certain an application for certificate of need under this section or for certification as a priority
electric transmission project under section 216B.2425 for any transmission facilities or
upgrades identified under section 216B.2425, subdivision 7;
(11) whether the applicant has made the demonstrations required under subdivision 3a;
and
(12) if the applicant is proposing a nonrenewable generating plant, the applicant's
assessment of the risk of environmental costs and regulation on that proposed facility over
the expected useful life of the plant, including a proposed means of allocating costs associated
with that risk.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to dockets pending at the Public Utilities Commission on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2023 Supplement, section 216B.243, subdivision 8, is amended
to read:
Subd. 8.
Exemptions.
(a) This section does not apply to:
(1) cogeneration or small power production facilities as defined in the Federal Power
Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and
paragraph (18), subparagraph (A), and having a combined capacity at a single site of less
than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or
any case where the commission has determined after being advised by the attorney general
that its application has been preempted by federal law;
(2) a high-voltage transmission line proposed primarily to distribute electricity to serve
the demand of a single customer at a single location, unless the applicant opts to request
that the commission determine need under this section or section 216B.2425;
(3) the upgrade to a higher voltage of an existing transmission line that serves the demand
of a single customer that primarily uses existing rights-of-way, unless the applicant opts to
request that the commission determine need under this section or section 216B.2425;
(4) a high-voltage transmission line of one mile or less required to connect a new or
upgraded substation to an existing, new, or upgraded high-voltage transmission line;
(5) conversion of the fuel source of an existing electric generating plant to using natural
gas;
(6) the modification of an existing electric generating plant to increase efficiency, as
long as the capacity of the plant is not increased more than ten percent or more than 100
megawatts, whichever is greater;
(7) a large wind energy conversion system, as defined in section deleted text begin 216F.01deleted text end new text begin 216E.01new text end ,
subdivision deleted text begin 2deleted text end new text begin 6anew text end , or a solar energy generating system, as defined in section 216E.01,
subdivision 9a, for which a site permit application is submitted by an independent power
producer under chapter 216E or 216F; deleted text begin or
deleted text end
(8) a large wind energy conversion system, as defined in section deleted text begin 216F.01deleted text end new text begin 216E.01new text end ,
subdivision deleted text begin 2deleted text end new text begin 6anew text end , or a solar energy generating system that is a large energy facility, as defined
in section 216B.2421, subdivision 2, engaging in a repowering project that:
(i) will not result in the system exceeding the nameplate capacity under its most recent
interconnection agreement; or
(ii) will result in the system exceeding the nameplate capacity under its most recent
interconnection agreement, provided that the Midcontinent Independent System Operator
has provided a signed generator interconnection agreement that reflects the expected net
power increasedeleted text begin .deleted text end new text begin ;
new text end
new text begin
(9) a transmission line directly associated with and necessary to interconnect any of the
following facilities with the electric transmission grid:
new text end
new text begin
(i) a large wind energy conversion system, as defined in section 216E.01, subdivision
6a;
new text end
new text begin
(ii) a solar energy generating system that is a large electric power generating plant; or
new text end
new text begin
(iii) an energy storage system, as defined in section 216E.01, subdivision 3a;
new text end
new text begin
(10) an energy storage system, as defined in section 216E.01, subdivision 3a; or
new text end
new text begin
(11) relocation of an existing high-voltage transmission line, provided the line's voltage
is not increased.
new text end
(b) For the purpose of this subdivision, "repowering project" means:
(1) modifying a large wind energy conversion system or a solar energy generating system
that is a large energy facility to increase its efficiency without increasing its nameplate
capacity;
(2) replacing turbines in a large wind energy conversion system without increasing the
nameplate capacity of the system; or
(3) increasing the nameplate capacity of a large wind energy conversion system.
Sec. 7.
Minnesota Statutes 2022, section 216B.243, subdivision 9, is amended to read:
Subd. 9.
Renewable energy standard new text begin and carbon-free energy standard new text end facilities.
This
section does not apply to a wind energy conversion system or a solar electric generation
facility that is intended to be used to meet the obligations of section 216B.1691new text begin , subdivision
2a or 2gnew text end ; provided that, after notice and comment, the commission determines that the
facility is a reasonable and prudent approach to meeting a utility's obligations under that
section. When making this determination, the commission must consider:
(1) the size of the facility relative to a utility's total need for renewable resources;
(2) alternative approaches for supplying the renewable energy to be supplied by the
proposed facility;
(3) the facility's ability to promote economic development, as required under section
216B.1691, subdivision 9;
(4) the facility's ability to maintain electric system reliability;
(5) impacts on ratepayers; and
(6) other criteria as the commission may determine are relevant.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2022, section 216B.246, subdivision 3, is amended to read:
Subd. 3.
Commission procedure.
(a) If an electric transmission line has been approved
for construction in a federally registered planning authority transmission plan, the incumbent
electric transmission owner, or owners if there is more than one owner, shall give notice to
the commission, in writing, within deleted text begin 90deleted text end new text begin 30new text end days of approval, regarding its intent to construct,
own, and maintain the electric transmission line. If an incumbent electric transmission owner
gives notice of intent to build the electric transmission line then, unless exempt from the
requirements of section 216B.243, within deleted text begin 18deleted text end new text begin 12new text end months from the date of the notice described
in this paragraph deleted text begin or such longer time approved by the commissiondeleted text end , the incumbent electric
transmission owner shall file an application for a certificate of need under section 216B.243
or certification under section 216B.2425.
(b) If the incumbent electric transmission owner indicates that it does not intend to build
the transmission line, such notice shall fully explain the basis for that decision. If the
incumbent electric transmission owner, or owners, gives notice of intent not to build the
electric transmission line, then the commission may determine whether the incumbent
electric transmission owner or other entity will build the electric transmission line, taking
into consideration issues such as cost, efficiency, reliability, and other factors identified in
this chapter.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to any electric transmission line that has been approved for construction in a federally
registered planning authority transmission plan on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2022, section 216E.03, as amended by Laws 2023, chapter 7,
sections 25, 26, 27, and 28, and Laws 2023, chapter 60, article 12, sections 50, 51, 52, 53,
and 54, is amended to read:
216E.03 DESIGNATING SITES AND ROUTES.
Subdivision 1.
Site permit.
deleted text begin No person may constructdeleted text end A large electric generating plant
deleted text begin ordeleted text end new text begin ,new text end an energy storage systemnew text begin , or a large wind energy conversion system that has not received
a site permit from a county under section 216E.05, subdivision 4, may not be constructed:
(1)new text end without a site permit from the commissiondeleted text begin . A large electric generating plant or an energy
storage system may be constructed onlydeleted text end new text begin ; and (2)new text end on a site new text begin other than the site new text end approved by
the commission. The commission must incorporate into one proceeding the route selection
for a high-voltage transmission line that is directly associated with and necessary to
interconnect deleted text begin thedeleted text end new text begin anew text end large electric generating plantnew text begin , energy storage system, or large wind
energy conversion systemnew text end to the transmission system and whose need is certified under
section 216B.243.
Subd. 2.
Route permit.
No person may construct a high-voltage transmission line without
a route permit from the commission. A high-voltage transmission line may be constructed
only along a route approved by the commission.
new text begin Subd. 2a. new text end
new text begin Preapplication coordination. new text end
new text begin
(a) At least 30 days before filing an application
with the commission, an applicant must provide notice to:
new text end
new text begin
(1) each local unit of government within which a site or route may be proposed;
new text end
new text begin
(2) Minnesota Tribal governments, as defined under section 10.65, subdivision 2;
new text end
new text begin
(3) the state agencies that are represented on the Environmental Quality Board; and
new text end
new text begin
(4) the State Historic Preservation Office.
new text end
new text begin
(b) The notice must describe the proposed project and provide the entities receiving the
notice an opportunity for preapplication coordination or feedback.
new text end
new text begin Subd. 2b. new text end
new text begin Preapplication review. new text end
new text begin
(a) Before submitting an application under this chapter,
an applicant must provide a draft application to commissioner of commerce for review. A
draft application must not be filed electronically.
new text end
new text begin
(b) The commissioner of commerce's draft application review must focus on the
application's completeness and clarifications that may assist the commission's review of the
application. Upon completion of the preapplication review under this subdivision,
commissioner of commerce must provide the applicant a summary of the completeness
review. The applicant may include the completeness review summary with the applicant's
application under subdivision 3.
new text end
Subd. 3.
Application.
new text begin (a) new text end Any person seeking to construct a large electric power facility
must apply to the commission for a site or route permit, as applicable. The application shall
contain such information as the commission may require. The applicant shall propose deleted text begin at
least two sitesdeleted text end new text begin a single sitenew text end for a large electric power facility and deleted text begin two routesdeleted text end new text begin one routenew text end for a
high-voltage transmission line. deleted text begin Neither of the two proposed routes may be designated as a
preferred route and all proposed routes must be numbered and designated as alternatives.
The commission shall determine whether an application is complete and advise the applicant
of any deficiencies within ten days of receipt. An application is not incomplete if information
not in the application can be obtained from the applicant during the first phase of the process
and that information is not essential for notice and initial public meetings.
deleted text end
new text begin
(b) The commission's designee must determine whether an application is complete and
advise the applicant of any deficiencies within ten days of the date an application is received.
new text end
new text begin
(c) An application is not incomplete if:
new text end
new text begin
(1) information that is not included in the application may be obtained from the applicant
prior to the initial public meeting; and
new text end
new text begin
(2) the information that is not included in the application is not essential to provide
adequate notice.
new text end
deleted text begin Subd. 3a. deleted text end
deleted text begin Project notice. deleted text end
deleted text begin
At least 90 days before filing an application with the
commission, the applicant shall provide notice to each local unit of government within
which a route may be proposed. The notice must describe the proposed project and the
opportunity for a preapplication consultation meeting with local units of government as
provided in subdivision 3b.
deleted text end
deleted text begin Subd. 3b. deleted text end
deleted text begin Preapplication consultation meetings. deleted text end
deleted text begin
Within 30 days of receiving a project
notice, local units of government may request the applicant to hold a consultation meeting
with local units of government. Upon receiving notice from a local unit of government
requesting a preapplication consultation meeting, the applicant shall arrange the meeting at
a location chosen by the local units of government. A single public meeting for which each
local government unit requesting a meeting is given notice satisfies the meeting requirement
of this subdivision.
deleted text end
Subd. 4.
Application notice.
Within 15 days after submission of an application to the
commission, the applicant shall publish notice of the application in a legal newspaper of
general circulation in each county in which the site or route is proposed and send a copy of
the application by certified mail to any regional development commission, county,
incorporated municipality, and town in which any part of the site or route is proposed.
Within the same 15 days, the applicant shall also send a notice of the submission of the
application and description of the proposed project to each owner whose property is on or
adjacent to any of the proposed sites for the power plant or along any of the proposed routes
for the transmission line. The notice must identify a location where a copy of the application
can be reviewed. For the purpose of giving mailed notice under this subdivision, owners
are those shown on the records of the county auditor or, in any county where tax statements
are mailed by the county treasurer, on the records of the county treasurer; but other
appropriate records may be used for this purpose. The failure to give mailed notice to a
property owner, or defects in the notice, does not invalidate the proceedings, provided a
bona fide attempt to comply with this subdivision has been made. Within the same 15 days,
the applicant shall also send the same notice of the submission of the application and
description of the proposed project to those persons who have requested to be placed on a
list maintained by the commission for receiving notice of proposed large electric generating
power plants and high voltage transmission lines.
deleted text begin Subd. 5. deleted text end
deleted text begin Environmental review. deleted text end
deleted text begin
(a) The commissioner of the Department of Commerce
shall prepare for the commission an environmental impact statement on each proposed large
electric power facility for which a complete application has been submitted. The
commissioner shall not consider whether or not the project is needed. No other state
environmental review documents shall be required. The commissioner shall study and
evaluate any site or route proposed by an applicant and any other site or route the commission
deems necessary that was proposed in a manner consistent with rules concerning the form,
content, and timeliness of proposals for alternate sites or routes, excluding any alternate
site for a solar energy generating system that was not proposed by an applicant.
deleted text end
deleted text begin
(b) For a cogeneration facility as defined in section 216H.01, subdivision 1a, that is a
large electric power generating plant and is not proposed by a utility, the commissioner
must make a finding in the environmental impact statement whether the project is likely to
result in a net reduction of carbon dioxide emissions, considering both the utility providing
electric service to the proposed cogeneration facility and any reduction in carbon dioxide
emissions as a result of increased efficiency from the production of thermal energy on the
part of the customer operating or owning the proposed cogeneration facility.
deleted text end
deleted text begin Subd. 6. deleted text end
deleted text begin Public hearing. deleted text end
deleted text begin
The commission shall hold a public hearing on an application
for a site or route permit for a large electric power facility. All hearings held for designating
a site or route shall be conducted by an administrative law judge from the Office of
Administrative Hearings pursuant to the contested case procedures of chapter 14. Notice
of the hearing shall be given by the commission at least ten days in advance but no earlier
than 45 days prior to the commencement of the hearing. Notice shall be by publication in
a legal newspaper of general circulation in the county in which the public hearing is to be
held and by certified mail to chief executives of the regional development commissions,
counties, organized towns, townships, and the incorporated municipalities in which a site
or route is proposed. Any person may appear at the hearings and offer testimony and exhibits
without the necessity of intervening as a formal party to the proceedings. The administrative
law judge may allow any person to ask questions of other witnesses. The administrative
law judge shall hold a portion of the hearing in the area where the power plant or transmission
line is proposed to be located.
deleted text end
new text begin Subd. 5a. new text end
new text begin Public meeting. new text end
new text begin
(a) Within 20 days after the date the commission determines
an application is complete, to the extent practicable, the commission must hold at least one
public meeting in a location near the proposed project's location to explain the permitting
process, present major issues, and respond to questions raised by the public.
new text end
new text begin
(b) At the public meeting and in written comments that the commission must accept for
at least ten days following the date of the public meeting, members of the public may submit
comments on potential impacts, permit conditions, and alternatives the commission should
evaluate when considering the application.
new text end
new text begin Subd. 6a. new text end
new text begin Draft permit. new text end
new text begin
Within 30 days after the date the public comment period closes
following the public hearing in section 216.035, subdivision 2, or section 216E.04,
subdivision 6, to the extent practicable, the commission must:
new text end
new text begin
(1) prepare a draft site or route permit for the proposed facility. The draft permit must
identify the person or persons who are the permittee, describe the proposed project, and
include proposed permit conditions. A draft site or route permit does not authorize a person
to construct a proposed facility. The commission may change the draft site permit in any
respect before final issuance or may deny the permit; and
new text end
new text begin
(2) identify any issues or alternatives that must be evaluated in an addendum to an
environmental assessment prepared under section 216E.041 or an environmental impact
statement prepared under section 216E.035.
new text end
Subd. 7.
Considerations in designating sites and routes.
(a) The commission's site
and route permit determinations must be guided by the state's goals to conserve resources,
minimize environmental impacts, minimize human settlement and other land use conflicts,
and ensure the state's electric energy security through efficient, cost-effective power supply
and electric transmission infrastructure.
(b) To facilitate the study, research, evaluation, and designation of sites and routes, the
commission shall be guided by, but not limited to, the following considerations:
(1) evaluation of research and investigations relating to the effects on land, water and
air resources of large electric power facilities and the effects of water and air discharges
and electric and magnetic fields resulting from such facilities on public health and welfare,
vegetation, animals, materials and aesthetic values, including baseline studies, predictive
modeling, and evaluation of new or improved methods for minimizing adverse impacts of
water and air discharges and other matters pertaining to the effects of power plants on the
water and air environment;
(2) environmental evaluation of sites and routes proposed for future development and
expansion and their relationship to the land, water, air and human resources of the state;
(3) evaluation of the effects of new electric power generation and transmission
technologies and systems related to power plants designed to minimize adverse environmental
effects;
(4) evaluation of the potential for beneficial uses of waste energy from proposed large
electric power generating plants;
(5) analysis of the direct and indirect economic impact of proposed sites and routes
including, but not limited to, productive agricultural land lost or impaired;
(6) evaluation of adverse direct and indirect environmental effects that cannot be avoided
should the proposed site and route be accepted;
(7) evaluation of alternatives to the applicant's proposed site or route proposed pursuant
to subdivisions 1 and 2;
(8) evaluation of potential routes that would use or parallel existing railroad and highway
rights-of-way;
(9) evaluation of governmental survey lines and other natural division lines of agricultural
land so as to minimize interference with agricultural operations;
(10) evaluation of the future needs for additional high-voltage transmission lines in the
same general area as any proposed route, and the advisability of ordering the construction
of structures capable of expansion in transmission capacity through multiple circuiting or
design modifications;
(11) evaluation of irreversible and irretrievable commitments of resources should the
proposed site or route be approved;
(12) when appropriate, consideration of problems raised by other state and federal
agencies and local entities;
(13) evaluation of the benefits of the proposed facility with respect to (i) the protection
and enhancement of environmental quality, and (ii) the reliability of state and regional
energy supplies;
(14) evaluation of the proposed facility's impact on socioeconomic factors; and
(15) evaluation of the proposed facility's employment and economic impacts in the
vicinity of the facility site and throughout Minnesota, including the quantity and quality of
construction and permanent jobs and their compensation levels. The commission must
consider a facility's local employment and economic impacts, and may reject or place
conditions on a site or route permit based on the local employment and economic impacts.
(c) If the commission's rules are substantially similar to existing regulations of a federal
agency to which the utility in the state is subject, the federal regulations must be applied by
the commission.
(d) No site or route shall be designated which violates state agency rules.
(e) The commission must make specific findings that it has considered locating a route
for a high-voltage transmission line on an existing high-voltage transmission route and the
use of parallel existing highway right-of-way and, to the extent those are not used for the
route, the commission must state the reasons.
Subd. 8.
Recording of survey points.
The permanent location of monuments or markers
found or placed by a utility in a survey of right-of-way for a route shall be placed on record
in the office of the county recorder or registrar of titles. No fee shall be charged to the utility
for recording this information.
deleted text begin Subd. 9. deleted text end
deleted text begin Timing. deleted text end
deleted text begin
The commission shall make a final decision on an application within
60 days after receipt of the report of the administrative law judge. A final decision on the
request for a site permit or route permit shall be made within one year after the commission's
determination that an application is complete. The commission may extend this time limit
for up to three months for just cause or upon agreement of the applicant.
deleted text end
deleted text begin Subd. 10. deleted text end
deleted text begin Final decision. deleted text end
deleted text begin
(a) No site permit shall be issued in violation of the site
selection standards and criteria established in this section and in rules adopted by the
commission. When the commission designates a site, it shall issue a site permit to the
applicant with any appropriate conditions. The commission shall publish a notice of its
decision in the State Register within 30 days of issuance of the site permit.
deleted text end
deleted text begin
(b) No route permit shall be issued in violation of the route selection standards and
criteria established in this section and in rules adopted by the commission. When the
commission designates a route, it shall issue a permit for the construction of a high-voltage
transmission line specifying the design, routing, right-of-way preparation, and facility
construction it deems necessary, and with any other appropriate conditions. The commission
may order the construction of high-voltage transmission line facilities that are capable of
expansion in transmission capacity through multiple circuiting or design modifications. The
commission shall publish a notice of its decision in the State Register within 30 days of
issuance of the permit.
deleted text end
deleted text begin
(c) The commission must require as a condition of permit issuance, including issuance
of a modified permit for a repowering project, as defined in section 216B.243, subdivision
8, paragraph (b), that the recipient of a site permit to construct a large electric power
generating plant, including all of the permit recipient's construction contractors and
subcontractors on the project: (1) pay no less than the prevailing wage rate, as defined in
deleted text end
deleted text begin
section 177.42; and (2) be subject to the requirements and enforcement provisions under
sections 177.27, 177.30, 177.32, 177.41 to 177.435, and 177.45.
deleted text end
Subd. 11.
Department of Commerce to provide technical expertise and other
assistance.
(a) The commissioner of the Department of Commerce shall consult with other
state agencies and provide technical expertise and other assistance to the commission or to
individual members of the commission for activities and proceedings under this chapter
deleted text begin and chapters 216Fdeleted text end and new text begin chapter new text end 216G. This assistance shall include the sharing of power
plant siting and routing staff and other resources as necessary. The commissioner shall
periodically report to the commission concerning the Department of Commerce's costs of
providing assistance. The report shall conform to the schedule and include the required
contents specified by the commission. The commission shall include the costs of the
assistance in assessments for activities and proceedings under those sections and reimburse
the special revenue fund for those costs. If either the commissioner or the commission deems
it necessary, the department and the commission shall enter into an interagency agreement
establishing terms and conditions for the provision of assistance and sharing of resources
under this subdivision.
(b) Notwithstanding the requirements of section 216B.33, the commissioner may take
any action required or requested by the commission related to the environmental review
requirements under chapter 216E deleted text begin or 216Fdeleted text end immediately following a hearing and vote by the
commission, prior to issuing a written order, finding, authorization, or certificate.
new text begin Subd. 12. new text end
new text begin Prevailing wage. new text end
new text begin
The commission must require as a condition of permit
issuance, including issuance of a modified permit for a repowering project, as defined in
section 216B.243, subdivision 8, paragraph (b), that the recipient of a site permit to construct
a large electric power generating plant, including all of the permit recipient's construction
contractors and subcontractors on the project:
new text end
new text begin
(1) pay no less than the prevailing wage rate, as defined in section 177.42; and
new text end
new text begin
(2) is subject to the requirements and enforcement provisions under sections 177.27,
177.30, 177.32, 177.41 to 177.435, and 177.45.
new text end
new text begin Subd. 13. new text end
new text begin Application. new text end
new text begin
This section applies to applications for a site or route permit
filed under section 216E.035 or 216E.04.
new text end
Sec. 10.
new text begin
[216E.031] APPLICABILITY DETERMINATION.
new text end
new text begin Subdivision 1. new text end
new text begin Generally. new text end
new text begin
This section may be used to determine:
new text end
new text begin
(1) whether a proposal is subject to the commission's siting or routing jurisdiction under
this chapter; or
new text end
new text begin
(2) which review process is applicable at the time of the initial application.
new text end
new text begin Subd. 2. new text end
new text begin Size determination. new text end
new text begin
An applicant must follow the provisions of section
216E.021 or 216E.022, as applicable, to determine the size of a solar energy generating
system or a wind energy conversion system. In determining the size of an energy storage
system, an applicant must combine the alternating current nameplate capacity of any other
energy storage system that:
new text end
new text begin
(1) is constructed within the same 12-month period as the energy storage system; and
new text end
new text begin
(2) exhibits characteristics of being a single development, including but not limited to
ownership structure, an umbrella sales arrangement, shared interconnection, revenue sharing
arrangements, and common debt or equity financing.
new text end
new text begin Subd. 3. new text end
new text begin Transmission lines. new text end
new text begin
For transmission lines, the applicant must describe the
applicability issue and provide sufficient facts to support the determination.
new text end
new text begin Subd. 4. new text end
new text begin Forms; assistance; written determination. new text end
new text begin
(a) The commission must provide
forms and assistance to help applicants make a request for an applicability determination.
new text end
new text begin
(b) Upon written request from an applicant, the commission must provide a written
determination regarding applicability under this section. To the extent practicable, the
commission must provide the written determination within 30 days of the date the request
was received or 30 days of the date information that the commission requested from the
applicant is received, whichever is later. This written determination constitutes a final
decision of the commission.
new text end
Sec. 11.
new text begin
[216E.035] APPLICATIONS; MAJOR REVIEW.
new text end
new text begin Subdivision 1. new text end
new text begin Environmental review. new text end
new text begin
(a) The commissioner of commerce shall prepare
for the commission an environmental impact statement on each proposed large electric
power facility for which a complete application has been submitted. The commissioner shall
not consider whether or not the project is needed. No other state environmental review
documents are required. The commissioner shall study and evaluate any site or route proposed
by an applicant and any other site or route the commission deems necessary that was proposed
in a manner consistent with rules concerning the form, content, and timeliness of proposals
for alternate sites or routes, excluding any alternate site for a solar energy generating system
that was not proposed by an applicant.
new text end
new text begin
(b) For a cogeneration facility as defined in section 216H.01, subdivision 1a, that is a
large electric power generating plant and is not proposed by a utility, the commissioner
must make a finding in the environmental impact statement whether the project is likely to
result in a net reduction of carbon dioxide emissions, considering both the utility providing
electric service to the proposed cogeneration facility and any reduction in carbon dioxide
emissions as a result of increased efficiency from the production of thermal energy on the
part of the customer operating or owning the proposed cogeneration facility.
new text end
new text begin Subd. 2. new text end
new text begin Public hearing. new text end
new text begin
(a) In addition to the public meeting required under section
216E.03, subdivision 5a, the commission shall hold a public hearing on an application for
a site or route permit for a large electric power facility. A hearing held for designating a
site or route shall be conducted by an administrative law judge from the Office of
Administrative Hearings pursuant to the contested case procedures of chapter 14 only if
commission staff determines that a disputed matter exists that may require clarification
through expert testimony. Notice of the hearing shall be given by the commission at least
ten days in advance but no earlier than 45 days prior to the commencement of the hearing.
Notice shall be by publication in a legal newspaper of general circulation in the county in
which the public hearing is to be held and by certified mail to chief executives of the regional
development commissions, Tribal governments, counties, organized towns, townships, and
the incorporated municipalities in which a site or route is proposed. Any person may appear
at the hearings and offer testimony and exhibits without the necessity of intervening as a
formal party to the proceedings. The administrative law judge may allow any person to ask
questions of other witnesses. The administrative law judge shall hold a portion of the hearing
in the area where the power plant or transmission line is proposed to be located.
new text end
new text begin
(b) The commission must accept written comments submitted for at least ten days
following the hearing regarding project impacts, permit conditions, and alternatives the
commission should evaluate when considering the application.
new text end
new text begin Subd. 3. new text end
new text begin Timing. new text end
new text begin
(a) The commission shall make a final decision on an application
within 60 days after receipt of the report of the administrative law judge, if applicable. A
final decision on the request for a site permit or route permit shall be made within one year
after the commission's determination that an application is complete. The commission may
extend the time limit under this paragraph for up to three months for just cause or upon
agreement with the applicant.
new text end
new text begin
(b) To ensure that a final decision complies with the requirements of this subdivision,
the commission shall establish deadlines for the submission of comments by state agencies
on applications and environmental review documents that expedite the siting and route
permitting process.
new text end
new text begin Subd. 4. new text end
new text begin Final decision. new text end
new text begin
(a) No site permit shall be issued by the commission: (1) in
violation of the site selection standards and criteria established in this section and in rules
adopted by the commission; or (2) if the commission determines that the proposed project
is not in the public interest. When the commission designates a site, the commission shall
issue a site permit to the applicant with any appropriate conditions. The commission shall
publish a notice of the commission's decision in the State Register within 30 days of issuance
of the site permit.
new text end
new text begin
(b) No route permit shall be issued by the commission: (1) in violation of the route
selection standards and criteria established in this section and in rules adopted by the
commission; or (2) if the commission determines that the proposed project is not in the
public interest. When the commission designates a route, the commission shall issue a permit
for the construction of a high-voltage transmission line specifying the design, routing,
right-of-way preparation, and facility construction the commission deems necessary, and
with any other appropriate conditions. The commission may order the construction of
high-voltage transmission line facilities that are capable of expansion in transmission capacity
through multiple circuiting or design modifications. The commission shall publish a notice
of the commission's decision in the State Register within 30 days of issuance of the permit,
to the extent practicable.
new text end
new text begin
(c) Immediately following the commission's vote granting an applicant a site or route
permit, and prior to issuance of a written commission order embodying that decision, the
applicant may submit to commission staff for review preconstruction compliance filings
specifying details of the applicant's proposed site operations.
new text end
Sec. 12.
Minnesota Statutes 2022, section 216E.04, as amended by Laws 2023, chapter
7, section 29, and Laws 2023, chapter 60, article 12, section 55, is amended to read:
216E.04 deleted text begin ALTERNATIVEdeleted text end new text begin APPLICATIONS; STANDARDnew text end REVIEW deleted text begin OF
APPLICATIONSdeleted text end .
Subdivision 1.
deleted text begin Alternativedeleted text end new text begin Standardnew text end review.
An applicant who seeks a site permit or
route permit for one of the projects identified in this section shall have the option of following
the procedures in this section rather than the procedures in section deleted text begin 216E.03deleted text end new text begin 216E.035new text end . The
applicant shall notify the commission at the time the application is submitted which procedure
the applicant chooses to follow.
Subd. 2.
Applicable projects.
The requirements and procedures in this section apply to
the following projectsnew text begin , as presented in the application submitted to the commissionnew text end :
(1) large electric power generating plants with a capacity of less than 80 megawattsnew text begin that
are not fueled by natural gasnew text end ;
deleted text begin
(2) large electric power generating plants that are fueled by natural gas;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end high-voltage transmission lines deleted text begin of between 100 and 200 kilovoltsdeleted text end new text begin below 345
kilovolts and less than 30 miles of length in Minnesotanew text end ;
new text begin
(3) high-voltage transmission lines of between 100 and 300 kilovolts of any length;
new text end
deleted text begin
(4) high-voltage transmission lines in excess of 200 kilovolts and less than 30 miles in
length in Minnesota;
deleted text end
deleted text begin
(5) high-voltage transmission lines in excess of 200 kilovolts if at least 80 percent of
the distance of the line in Minnesota will be located along existing high-voltage transmission
line right-of-way;
deleted text end
deleted text begin
(6) a high-voltage transmission line service extension to a single customer between 200
and 300 kilovolts and less than ten miles in length;
deleted text end
deleted text begin (7)deleted text end new text begin (4)new text end a high-voltage transmission line rerouting to serve the demand of a single customer
when the rerouted line will be located at least 80 percent on property owned or controlled
by the customer or the owner of the transmission line;
deleted text begin (8)deleted text end new text begin (5)new text end large electric power generating plants that are powered by solar energy; deleted text begin and
deleted text end
new text begin
(6) a wind energy conversion system of five megawatts or greater alternating current
capacity; and
new text end
deleted text begin (9)deleted text end new text begin (7)new text end energy storage systems.
Subd. 3.
Application.
The applicant for a site or route permit for any of the projects
listed in subdivision 2 who chooses to follow these procedures shall submit information as
the commission may require, but the applicant shall not be required to propose a second
site or route for the project. The applicant shall identify in the application any other sites
or routes that were rejected by the applicant and the commission may identify additional
sites or routes to consider during the processing of the application. The commission shall
determine whether an application is complete and advise the applicant of any deficiencies.
Subd. 4.
Notice of application.
Upon submission of an application under this section,
the applicant shall provide the same notice as required deleted text begin bydeleted text end new text begin undernew text end section 216E.03, subdivision
4.
Subd. 5.
Environmental review.
deleted text begin For the projects identified in subdivision 2 and
following these procedures, the commissioner of the Department of Commercedeleted text end new text begin The applicantnew text end
shall prepare for the commission an environmental assessmentnew text begin for projects identified in
subdivision 2 that follows the procedures in section 216E.041new text end . deleted text begin The environmental assessment
shall contain information on the human and environmental impacts of the proposed project
and other sites or routes identified by the commission and shall address mitigating measures
for all of the sites or routes considered. The environmental assessment shall be the only
state environmental review document required to be prepared on the project.
deleted text end
Subd. 6.
Public hearing.
new text begin (a) In addition to the public meeting required under section
216E.03, subdivision 5a, new text end the commission shall hold a public hearing in the area where the
facility is proposed to be located. The commission shall give notice of the public hearing
in the same manner as notice under section deleted text begin 216E.03, subdivision 6deleted text end new text begin 216E.035, subdivision
2new text end . The commission shall conduct the public hearing under procedures established by the
commission. The applicant shall be present at the hearing to present evidence and to answer
questions. The commission shall provide opportunity at the public hearing for any person
to present comments and to ask questions of the applicant and commission staff. The
commission shall also afford interested persons an opportunity to submit written comments
into the record.
new text begin
(b) The commission must accept written comments submitted for at least ten days
following the hearing regarding project impact, permit conditions, and alternatives the
commission should evaluate when considering the application.
new text end
Subd. 7.
Timing.
new text begin (a) new text end The commission shall make a final decision on an application
within 60 days after completion of the public hearing. A final decision on the request for a
site permit or route permit under this section shall be made within six months after the
commission's determination that an application is complete. The commission may extend
this time limit for up to three months for just cause or upon agreement of the applicant.
new text begin
(b) To ensure that a final decision complies with the requirements of this subdivision,
the commission shall establish deadlines for the submission of comments by state agencies
on applications and environmental review documents that expedite the siting and route
permitting process.
new text end
deleted text begin Subd. 8. deleted text end
deleted text begin Considerations. deleted text end
deleted text begin
The considerations in section 216E.03, subdivision 7, shall
apply to any projects subject to this section.
deleted text end
Subd. 9.
Final decision.
(a) No site permit shall be issued new text begin by the commission: (1) new text end in
violation of the site selection standards and criteria established in this section and in rules
adopted by the commissionnew text begin ; or (2) if the commission determines that the proposed project
is not in the public interestnew text end . When the commission designates a site, it shall issue a site
permit to the applicant with any appropriate conditions. The commission shall publish a
notice of its decision in the State Register within 30 days of issuance of the site permit.
(b) No route deleted text begin designation shall be madedeleted text end new text begin shall be issued: (1)new text end in violation of the route
selection standards and criteria established in this section and in rules adopted by the
commissionnew text begin ; or (2) if the commission determines that the proposed project is not in the
public interestnew text end . When the commission designates a route, it shall issue a permit for the
construction of a high-voltage transmission line specifying the design, routing, right-of-way
preparation, and facility construction it deems necessary and with any other appropriate
conditions. The commission may order the construction of high-voltage transmission line
facilities that are capable of expansion in transmission capacity through multiple circuiting
or design modifications. The commission shall publish a notice of its decision in the State
Register within 30 days of issuance of the permit.
new text begin
(c) Immediately following the commission's vote granting an applicant a site or route
permit, and prior to issuance of a written commission order embodying the decision, the
applicant may submit to commission staff for review preconstruction compliance filings
specifying details of the applicant's proposed site operations.
new text end
Sec. 13.
new text begin
[216E.041] ENVIRONMENTAL ASSESSMENT PREPARATION.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Commissioner" means the commissioner of commerce.
new text end
new text begin
(c) "General list" means a list maintained by the commission of persons who request to
be notified of the acceptance of applications for site permits or route permits.
new text end
new text begin
(d) "Project contact list" means a list maintained by the commission of persons who
request to receive notices regarding a specific project for which a site permit or route permit
is sought.
new text end
new text begin Subd. 2. new text end
new text begin Environmental assessment; content. new text end
new text begin
The applicant shall prepare and submit
with the permit application an environmental assessment on each proposed project being
reviewed under section 216E.04. The environmental assessment must contain, at a minimum:
new text end
new text begin
(1) a general description of the proposed facility;
new text end
new text begin
(2) a list of any alternative sites or routes that were considered and rejected by the
applicant;
new text end
new text begin
(3) a discussion of the potential impacts of the proposed project and each alternative site
or route on the human and natural environment;
new text end
new text begin
(4) a discussion of mitigative measures that could reasonably be implemented to eliminate
or minimize any adverse impacts identified for the proposed project and each alternative
site or route analyzed;
new text end
new text begin
(5) an analysis of the feasibility of each alternative site or route considered; and
new text end
new text begin
(6) a list of permits required for the project.
new text end
new text begin Subd. 3. new text end
new text begin Environmental assessment; notification of availability. new text end
new text begin
Upon receipt of the
environmental assessment from the applicant, the commissioner shall publish notice in the
EQB Monitor of the availability of the environmental assessment and mail notice of the
availability of the document to those persons on the general list or the project contact list.
The commissioner shall provide a copy of the environmental assessment to any public
agency with authority to permit or approve the proposed project. The commissioner shall
post the environmental assessment on the agency's web page.
new text end
new text begin Subd. 4. new text end
new text begin Environmental assessment; comments; addendum. new text end
new text begin
(a) The commissioner
shall provide the public with an opportunity to comment on the environmental assessment
by holding a public meeting and by soliciting public comments. The commissioner shall
mail notice of the meeting to those persons on either the general list or the project contact
list at least ten days before the meeting. The commissioner shall provide at least seven days
from the date of the public meeting for the public to submit comments on the environmental
assessment.
new text end
new text begin
(b) Any person or any member agency of the Environmental Quality Board may, at the
public meeting or in written comments submitted to the commissioner, request that the
Department of Commerce analyze any of the following issues in an addendum to the
environmental assessment:
new text end
new text begin
(1) one or more alternative sites or routes;
new text end
new text begin
(2) additional mitigation measures for environmental impacts identified in the
environmental assessment; or
new text end
new text begin
(3) specific human or environmental impacts that were not addressed or not addressed
adequately in the environmental assessment.
new text end
new text begin
(c) A person requesting additional environmental analysis in an addendum under
paragraph (b) must submit to the commissioner (1) an explanation of why the request should
be accepted, and (2) all supporting information the person wants the commissioner to
consider. The commissioner shall provide the applicant with an opportunity to respond to
each request. The commissioner shall prepare an addendum in response to a request, or at
the commissioner's own discretion, only if the commissioner determines that the additional
analysis assists the commission's ultimate decision on the permit application, including the
establishment of permit conditions.
new text end
new text begin
(d) In making the commission's final decision, the commission must consider the
environmental assessment, the addendum to the environmental assessment, if any, comments
received at or after the public meeting, and the entirety of the record on environmental and
human health impacts.
new text end
new text begin
(e) The commissioner shall follow the notification procedures established for an
environmental assessment in subdivision 3 with respect to an addendum prepared under
subdivision 4.
new text end
new text begin Subd. 5. new text end
new text begin Matters excluded. new text end
new text begin
If the commission has issued a certificate of need to an
applicant for a large electric power generating plant or high-voltage transmission line or
placed a high-voltage transmission line on the certified project list maintained by the
commission under section 216B.2425, subdivision 3, the environmental assessment of the
project shall not address (1) questions of need, including size, type, and timing; (2) questions
of alternative system configurations; or (3) questions of voltage.
new text end
new text begin Subd. 6. new text end
new text begin No additional environmental review. new text end
new text begin
An environmental assessment and
addendum, if prepared, must be the only state environmental review documents required
to be prepared by the commissioner on a project qualifying for review under section 216E.04.
An environmental assessment worksheet or environmental impact statement is not required.
Environmental review at the certificate of need stage before the commission must be
performed in accordance with Minnesota Rules, parts 7849.1000 to 7849.2100.
new text end
new text begin Subd. 7. new text end
new text begin Cost. new text end
new text begin
The commissioner shall assess the department's cost to prepare an
addendum to an environmental assessment to the applicant.
new text end
Sec. 14.
new text begin
[216E.042] PERMIT AMENDMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
(a) This section applies to a request by the owner of a
large electric power facility to modify any provision or condition of a site or route permit
issued by the commission, including permit amendments to:
new text end
new text begin
(1) upgrade or rebuild an existing electric line and associated facilities to a voltage
capable of operating between 100 kilovolts and 300 kilovolts; or
new text end
new text begin
(2) repower or refurbish a large electric power generating plant, a large wind energy
conversion system, a solar energy generating system, or an energy storage system that
increases the efficiency of the facility. For a large electric power generating plant, an increase
in efficiency means a reduction in the amount of British thermal units required to generate
a kilowatt hour of electricity at the facility.
new text end
new text begin
(b) A permit amendment must not be approved under this section if the permit
amendment:
new text end
new text begin
(1) results in significant changes in the environmental or human health impacts of the
facility;
new text end
new text begin
(2) increases the developed area within the permitted site; or
new text end
new text begin
(3) increases the facility's nameplate capacity above the nameplate capacity in the facility's
most recent interconnection agreement.
new text end
new text begin Subd. 2. new text end
new text begin Application. new text end
new text begin
A person seeking a permit amendment under this section must
submit an application in writing to the commissioner on a form prescribed by the
commissioner. The application must describe:
new text end
new text begin
(1) the permit modification sought;
new text end
new text begin
(2) how the request meets the applicability criteria under subdivision 1; and
new text end
new text begin
(3) any changes in environmental or health impacts that would result from implementation
of the amendment that were not addressed in the environmental document accompanying
the initial permit application.
new text end
new text begin Subd. 3. new text end
new text begin Notice. new text end
new text begin
The commission must provide notice that the application was received
to persons on the general list and, if applicable, to persons on the project contact list.
new text end
new text begin Subd. 4. new text end
new text begin Public comment. new text end
new text begin
The commission must accept written comments on the
application and requests to bring the amendment to the commission for consideration for
at least ten days following service of notice. The applicant must respond to comments within
seven days of the close of the comment period.
new text end
new text begin Subd. 5. new text end
new text begin Timing. new text end
new text begin
Within 20 days of the date the public comment period closes, the
commission's designee must decide whether to authorize the permit amendment, bring the
matter to the commission for consideration, or determine that the application requires a
permitting decision under another section in this chapter.
new text end
new text begin Subd. 6. new text end
new text begin Decision. new text end
new text begin
The commission may approve an amendment that places reasonable
conditions on the permittee. The commission must notify the applicant in writing of the
commission's decision and send a copy of the decision to any person who requested
notification or filed comments on the application.
new text end
new text begin Subd. 7. new text end
new text begin Local review. new text end
new text begin
An owner or operator of a large electric power generating plant
or high-voltage transmission line that was not issued a permit by the commission may seek
approval to modify a project listed under subdivision 1, clause (1) or (2), from the local unit
of government if the facility qualifies for standard review under section 216E.04 or local
review under section 216E.05.
new text end
Sec. 15.
new text begin
[216E.051] EXEMPT PROJECTS.
new text end
new text begin Subdivision 1. new text end
new text begin Permit not required. new text end
new text begin
A permit issued by the commission is not required
to construct:
new text end
new text begin
(1) a small wind energy conversion system;
new text end
new text begin
(2) a power plant or solar generating system with a capacity of less than 50 megawatts;
new text end
new text begin
(3) an energy storage system with a capacity of less than ten megawatts;
new text end
new text begin
(4) a transmission line that (i) has a capacity of 100 kilovolts or more, and (ii) is less
than 1,500 feet in length; or
new text end
new text begin
(5) a transmission line that has a capacity of less than 100 kilovolts.
new text end
new text begin Subd. 2. new text end
new text begin Other approval. new text end
new text begin
A person that proposes a facility listed in subdivision 1 must
(1) obtain any approval required by local, state, or federal units of government with
jurisdiction over the project, and (2) comply with the environmental review requirements
under chapter 116D and Minnesota Rules, chapter 4410.
new text end
Sec. 16.
new text begin
[216E.055] COST AND ECONOMIC IMPACT REVIEW.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
If a project proposed by a public utility applying for a site
or route permit under this chapter was not required to obtain a certificate of need under
section 216B.243, the commission must review the proposed cost of the project and the
project's estimated economic impact on Minnesota ratepayers. The commission may reject
a site or route permit application based solely on project costs that the commission determines
are not reasonable and prudent.
new text end
new text begin Subd. 2. new text end
new text begin Review content. new text end
new text begin
In determining a proposed facility's cost and economic impact,
the commission must analyze and consider the following:
new text end
new text begin
(1) the construction cost of the proposed facility and the cost of the energy the proposed
facility generates, compared to the costs of reasonable alternatives;
new text end
new text begin
(2) the economic impact of the proposed facility, or a suitable modification of the
proposed facility, compared to:
new text end
new text begin
(i) the impact of reasonable alternatives; and
new text end
new text begin
(ii) not building the facility; and
new text end
new text begin
(3) the cost and economic impact of the proposed facility compared with similar facilities
located elsewhere.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to any site or route permit filed by the commission on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2023 Supplement, section 216E.10, subdivision 3, is amended
to read:
Subd. 3.
State agency participation.
(a) State agencies authorized to issue permits
required for construction or operation of large electric power facilities shall participate
during routing and siting at public hearings and all other activities of the commission on
specific site or route designations and design considerations of the commission, and shall
clearly state whether the site or route being considered for designation or permit and other
design matters under consideration for approval will be in compliance with state agency
standards, rules, or policies.
(b) An applicant for a permit under this section or under chapter 216G shall notify the
commissioner of agriculture if the proposed project will impact cultivated agricultural land,
as that term is defined in section 216G.01, subdivision 4. The commissioner may participate
and advise the commission as to whether to grant a permit for the project and the best options
for mitigating adverse impacts to agricultural lands if the permit is granted. The Department
of Agriculture shall be the lead agency on the development of any agricultural mitigation
plan required for the project.
new text begin
(c) The State Historic Preservation Office must comply with the requirements of this
section. The commission's consideration of the State Historic Preservation Office's comments
satisfies the requirements of section 138.665, when applicable.
new text end
Sec. 18.
Minnesota Statutes 2022, section 216F.02, is amended to read:
216F.02 EXEMPTIONS.
deleted text begin
(a) The requirements of chapter 216E do not apply to the siting of LWECS, except for
sections 216E.01; 216E.03, subdivision 7; 216E.08; 216E.11; 216E.12; 216E.14; 216E.15;
216E.17; and 216E.18, subdivision 3, which do apply.
deleted text end
deleted text begin (b)deleted text end new text begin (a)new text end Any person may construct an SWECS without complying with deleted text begin chapter 216E ordeleted text end
this chapter.
deleted text begin (c)deleted text end new text begin (b)new text end Nothing in this chapter shall preclude a local governmental unit from establishing
requirements for the siting and construction of SWECS.
Sec. 19. new text begin GRID ENHANCING TECHNOLOGIES REPORT; PUBLIC UTILITIES
COMMISSION ORDER.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Capacity" means the maximum amount of electricity that can flow through a
transmission line while observing industry safety standards.
new text end
new text begin
(c) "Congestion" means a condition in which a lack of transmission line capacity prevents
the delivery of the lowest-cost electricity dispatched to meet load at a specific location.
new text end
new text begin
(d) "Dynamic line rating" means hardware or software used to calculate the thermal
limit of existing transmission lines at a specific point in time by incorporating information
on real-time and forecasted weather conditions.
new text end
new text begin
(e) "Grid enhancing technology" means hardware or software that reduces congestion
or enhances the flexibility of the transmission system by increasing the capacity of a
high-voltage transmission line or rerouting electricity from overloaded to uncongested lines,
while maintaining industry safety standards. Grid enhancing technologies include but are
not limited to dynamic line rating, advanced power flow controllers, and topology
optimization.
new text end
new text begin
(f) "Line rating methodology" means a methodology used to calculate the maximum
amount of electricity that can be carried by a transmission line without exceeding thermal
limits designed to ensure safety.
new text end
new text begin
(g) "Power flow controller" means hardware and software used to reroute electricity
from overloaded transmission lines to underutilized transmission lines.
new text end
new text begin
(h) "Thermal limit" means the temperature a transmission line reaches when heat from
the electric current flow within the transmission line causes excessive sagging of the
transmission line.
new text end
new text begin
(i) "Topology optimization" means a software technology that uses mathematical models
to identify reconfigurations in the transmission grid in order to reroute electricity from
overloaded transmission lines to underutilized transmission lines.
new text end
new text begin
(j) "Transmission line" has the meaning given to "high-voltage transmission line" in
section 216E.01. subdivision 4.
new text end
new text begin
(k) "Transmission system" means a network of high-voltage transmission lines owned
or operated by an entity subject to this section that transports electricity to Minnesota
customers.
new text end
new text begin Subd. 2. new text end
new text begin Report; content. new text end
new text begin
An entity that owns more than 750 miles of transmission
lines in Minnesota, as reported in the state transmission report submitted to the Public
Utilities Commission under Minnesota Statutes, section 216B.2425, by November 1, 2025,
must include in that report information that:
new text end
new text begin
(1) identifies, during each of the last three years, locations that experienced 168 hours
or more of congestion, or the ten locations at which the most costly congestion occurred,
whichever measure produces the greater number of locations;
new text end
new text begin
(2) estimates the frequency of congestion at each location and the increased cost to
ratepayers resulting from the substitution of higher-priced electricity;
new text end
new text begin
(3) identifies locations on each transmission system that are likely to experience high
levels of congestion during the next five years;
new text end
new text begin
(4) evaluates the technical feasibility and estimates the cost of installing one or more
grid enhancing technologies to address each instance of grid congestion identified in clause
(1), and projects the grid enhancing technology's efficacy in reducing congestion;
new text end
new text begin
(5) analyzes the cost-effectiveness of installing grid enhancing technologies to address
each instance of congestion identified in clause (1) by using the information developed in
clause (2) to calculate the payback period of each installation, using a methodology developed
by the commission;
new text end
new text begin
(6) proposes an implementation plan, including a schedule and cost estimate, to install
grid enhancing technologies at each congestion point identified in clause (1) at which the
payback period is less than or equal to a value determined by the commission, in order to
maximize transmission system capacity; and
new text end
new text begin
(7) explains the transmission owner's current line rating methodology.
new text end
new text begin Subd. 3. new text end
new text begin Commission review; order. new text end
new text begin
(a) The commission shall review the
implementation plans proposed by each reporting entity as required in subdivision 2, clause
(6), and must:
new text end
new text begin
(1) review, and may approve, reject, or modify, the plan; and
new text end
new text begin
(2) issue an order requiring implementation of an approved plan.
new text end
new text begin
(b) Within 90 days of the commission's issuance of an order under this subdivision each
public utility shall file with the commission a plan containing a workplan, cost estimate,
and schedule for implementing the elements of the plan approved by the commission that
are located within the public utility's electric service area. For each entity required to report
under this section that is not a public utility, the commission's order is advisory.
new text end
new text begin Subd. 4. new text end
new text begin Cost recovery. new text end
new text begin
Notwithstanding any other provision of this chapter, the
commission may approve cost recovery under Minnesota Statutes, section 216B.16, including
an appropriate rate of return, of any prudent and reasonable investments made or expenses
incurred by a public utility to administer and implement a grid enhancing technologies plan
approved by the commission under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall renumber each section of Minnesota Statutes listed in column
A with the number listed in column B. The revisor shall also make necessary cross-reference
changes consistent with the renumbering.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
|
new text begin
216F.01, subdivision 2 new text end |
new text begin
216E.01, subdivision 6a new text end |
|
|
new text begin
216F.01, subdivision 3 new text end |
new text begin
216E.01, subdivision 9b new text end |
|
|
new text begin
216F.01, subdivision 4 new text end |
new text begin
216E.01, subdivision 11 new text end |
|
|
new text begin
216F.011 new text end |
new text begin
216E.022 new text end |
|
|
new text begin
216F.02 new text end |
new text begin
216E.023 new text end |
|
|
new text begin
216F.06 new text end |
new text begin
216E.055 new text end |
|
|
new text begin
216F.07 new text end |
new text begin
216E.10, subdivision 1a new text end |
|
|
new text begin
216F.08 new text end |
new text begin
216E.05, subdivision 4 new text end |
|
|
new text begin
216F.081 new text end |
new text begin
216E.05, subdivision 5 new text end |
|
|
new text begin
216F.084 new text end |
new text begin
216E.125 new text end |
Sec. 21. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2022, sections 216E.08, subdivisions 1 and 4; 216F.01, subdivision
1; 216F.012; 216F.015; and 216F.03,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Statutes 2023 Supplement, section 216F.04,
new text end
new text begin
is repealed.
new text end
new text begin
(c)
new text end
new text begin
Minnesota Rules, parts 7850.2400; and 7850.3600,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective September 1, 2024, and applies to site
and route applications filed with the commission on or after that date.
new text end
ARTICLE 13
SOLAR ENERGY
Section 1.
Minnesota Statutes 2022, section 216B.16, subdivision 7b, is amended to read:
Subd. 7b.
Transmission cost adjustment.
(a) Notwithstanding any other provision of
this chapter, the commission may approve a tariff mechanism for the automatic annual
adjustment of charges for the Minnesota jurisdictional costs net of associated revenues of:
(1) new transmission facilities that have been separately filed and reviewed and approved
by the commission under section 216B.243 or new transmission or distribution facilities
that are certified as a priority project or deemed to be a priority transmission project under
section 216B.2425;
(2) new transmission facilities approved by the regulatory commission of the state in
which the new transmission facilities are to be constructed, to the extent approval is required
by the laws of that state, and determined by the Midcontinent Independent System Operator
to benefit the utility or integrated transmission system; and
(3) charges incurred by a utility under a federally approved tariff that accrue from other
transmission owners' regionally planned transmission projects that have been determined
by the Midcontinent Independent System Operator to benefit the utility or integrated
transmission system.
(b) Upon filing by a public utility or utilities providing transmission service, the
commission may approve, reject, or modify, after notice and comment, a tariff that:
(1) allows the utility to recover on a timely basis the costs net of revenues of facilities
approved under section 216B.243 or certified or deemed to be certified under section
216B.2425 or exempt from the requirements of section 216B.243;
(2) allows the utility to recover charges incurred under a federally approved tariff that
accrue from other transmission owners' regionally planned transmission projects that have
been determined by the Midcontinent Independent System Operator to benefit the utility or
integrated transmission system. These charges must be reduced or offset by revenues received
by the utility and by amounts the utility charges to other regional transmission owners, to
the extent those revenues and charges have not been otherwise offset;
(3) allows the utility to recover on a timely basis the costs net of revenues of facilities
approved by the regulatory commission of the state in which the new transmission facilities
are to be constructed and determined by the Midcontinent Independent System Operator to
benefit the utility or integrated transmission system;
(4) allows the utility to recover costs associated with distribution planning required under
section 216B.2425;
(5) allows the utility to recover costs associated with investments in distribution facilities
to modernize the utility's grid that have been certified by the commission under section
216B.2425;
(6) new text begin allows the utility to recover on a timely basis the costs of upgrades to distribution
facilities that are not allocated to participating owners of distributed generation facilities
under the cost-sharing interconnection process established by the commission order required
under section 3 of this article;
new text end
new text begin (7) new text end allows a return on investment at the level approved in the utility's last general rate
case, unless a different return is found to be consistent with the public interest;
deleted text begin (7)deleted text end new text begin (8)new text end provides a current return on construction work in progress, provided that recovery
from Minnesota retail customers for the allowance for funds used during construction is
not sought through any other mechanism;
deleted text begin (8)deleted text end new text begin (9)new text end allows for recovery of other expenses if shown to promote a least-cost project
option or is otherwise in the public interest;
deleted text begin (9)deleted text end new text begin (10)new text end allocates project costs appropriately between wholesale and retail customers;
deleted text begin (10)deleted text end new text begin (11)new text end provides a mechanism for recovery above cost, if necessary to improve the
overall economics of the project or projects or is otherwise in the public interest; and
deleted text begin (11)deleted text end new text begin (12)new text end terminates recovery once costs have been fully recovered or have otherwise
been reflected in the utility's general rates.
(c) A public utility may file annual rate adjustments to be applied to customer bills paid
under the tariff approved in paragraph (b). In its filing, the public utility shall provide:
(1) a description of and context for the facilities included for recovery;
(2) a schedule for implementation of applicable projects;
(3) the utility's costs for these projects;
(4) a description of the utility's efforts to ensure the lowest costs to ratepayers for the
project; and
(5) calculations to establish that the rate adjustment is consistent with the terms of the
tariff established in paragraph (b).
(d) Upon receiving a filing for a rate adjustment pursuant to the tariff established in
paragraph (b), the commission shall approve the annual rate adjustments provided that, after
notice and comment, the costs included for recovery through the tariff were or are expected
to be prudently incurred and achieve transmission system improvements at the lowest
feasible and prudent cost to ratepayers.
Sec. 2.
new text begin
[216C.48] STANDARDIZED SOLAR PLAN REVIEW SOFTWARE;
TECHNICAL ASSISTANCE; FINANCIAL INCENTIVE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Energy storage system" has the meaning given in section 216B.2422, subdivision
1.
new text end
new text begin
(c) "Permitting authority" means a unit of local government in Minnesota that has
authority to review and issue permits to install residential solar projects and solar plus energy
storage system projects within the unit of local government's jurisdiction.
new text end
new text begin
(d) "Photovoltaic device" has the meaning given in section 216C.06, subdivision 16.
new text end
new text begin
(e) "Residential solar project" means the installation of a photovoltaic device at a
residence located in Minnesota.
new text end
new text begin
(f) "SolarAPP+" means the most recent version of the Solar Automated Permit Processing
Plus software, developed by the National Renewable Energy Laboratory and available free
to permitting authorities from the United States Department of Energy, that uses a web-based
portal to automate the solar project plan review and permit issuance processes for residential
solar projects that are compliant with applicable building and electrical codes.
new text end
new text begin
(g) "Solar plus energy storage system project" means a residential solar project installed
in conjunction with an energy storage system at the same residence.
new text end
new text begin Subd. 2. new text end
new text begin Program establishment. new text end
new text begin
A program is established in the department to provide
technical assistance and financial incentives to local units of government that issue permits
for residential solar projects and solar plus energy storage system projects in order to
incentivize a permitting authority to adopt the SolarAPP+ software to standardize, automate,
and streamline the review and permitting process.
new text end
new text begin Subd. 3. new text end
new text begin Eligibility. new text end
new text begin
An incentive may be awarded under this section to a permitting
authority that has deployed SolarAPP+ and made SolarAPP+ available on the permitting
authority's website.
new text end
new text begin Subd. 4. new text end
new text begin Application. new text end
new text begin
(a) A permitting authority must submit an application for a financial
incentive under this section to the commissioner on a form developed by the commissioner.
new text end
new text begin
(b) An application may be submitted for a financial incentive under this section after
SolarAPP+ has become operational in the permitting authority's jurisdiction.
new text end
new text begin Subd. 5. new text end
new text begin Review and grant award process. new text end
new text begin
The commissioner must develop
administrative procedures to govern the application review and incentive award process
under this section.
new text end
new text begin Subd. 6. new text end
new text begin Incentive awards. new text end
new text begin
Beginning no later than March 1, 2025, the commissioner
may award a financial incentive to a permitting authority under this section only if the
commissioner has determined that the permitting authority meets verification requirements
established by the commissioner that ensure a permitting authority has made SolarAPP+
operational within the permitting authority's jurisdiction and that SolarAPP+ is available
on the permitting authority's website.
new text end
new text begin Subd. 7. new text end
new text begin Incentive amount. new text end
new text begin
(a) An incentive awarded under this section must be no less
than $5,000 and no greater than $20,000.
new text end
new text begin
(b) The commissioner may vary the amount of an incentive awarded under this section
by considering the following factors:
new text end
new text begin
(1) the population of the permitting authority;
new text end
new text begin
(2) the number of permits for solar projects issued by the permitting authority using
conventional review processes;
new text end
new text begin
(3) whether the SolarAPP+ software has been adopted on a stand-alone basis or has been
integrated with other permit management software utilized by the permitting authority; and
new text end
new text begin
(4) whether the permitting jurisdiction has participated in other sustainability programs,
including but not limited to GreenStep Cities and the United States Department of Energy's
SolSmart and Charging Smart programs.
new text end
new text begin Subd. 8. new text end
new text begin Technical assistance. new text end
new text begin
The department must provide technical assistance to
eligible permitting authorities seeking to apply for an incentive under this section.
new text end
new text begin Subd. 9. new text end
new text begin Program promotion. new text end
new text begin
The department must develop an education and outreach
program to make permitting authorities aware of the incentive offered under this section,
including by convening workshops, producing educational materials, and using other
mechanisms to promote the program, including but not limited to utilizing the efforts of the
League of Minnesota Cities, the Association of Minnesota Counties, the Community Energy
Resource Teams established under section 216C.385, and similar organizations to reach
permitting authorities.
new text end
new text begin Subd. 10. new text end
new text begin Account established. new text end
new text begin
(a) The SolarAPP+ program account is established in
the special revenue account in the state treasury. The commissioner must credit to the account
appropriations and transfers to the account. Earnings, including interest, dividends, and any
other earnings arising from assets of the account, must be credited to the account. Money
remaining in the account at the end of a fiscal year does not cancel to the general fund but
remains in the account until June 30, 2028. The commissioner must manage the account.
new text end
new text begin
(b) Money in the account is appropriated to the commissioner for the purposes of this
section and to reimburse the reasonable costs incurred by the department to administer this
section.
new text end
Sec. 3. new text begin INTERCONNECTION DOCKET; PUBLIC UTILITIES COMMISSION.
new text end
new text begin
(a) No later than September 1, 2024, the commission must initiate a proceeding to
establish by order generic standards for the sharing of utility costs necessary to upgrade a
utility's distribution system by increasing hosting capacity or applying other necessary
distribution system upgrades at a congested or constrained location in order to allow for the
interconnection of distributed generation facilities at the congested or constrained location
and to advance the achievement of the state's renewable and carbon-free energy goals in
Minnesota Statutes, section 216B.1691 and greenhouse gas emissions reduction goals in
Minnesota Statutes, section 216H.02. The tariff standards must reflect an interconnection
process designed to, at a minimum:
new text end
new text begin
(1) accelerate the expansion of hosting capacity at multiple points on a utility's distribution
system by ensuring that the cost of upgrades is shared fairly among owners of distributed
generation projects seeking interconnection on a pro rata basis according to the amount of
the expanded capacity utilized by each interconnected distributed generation facility;
new text end
new text begin
(2) reduce the capital burden on owners of trigger projects seeking interconnection;
new text end
new text begin
(3) establish a minimum level of upgrade costs an expansion of hosting capacity must
reach in order to be eligible to participate in the cost-share process and below which a trigger
project must bear the full cost of the upgrade;
new text end
new text begin
(4) establish a distributed generation facility's pro rata cost-share amount as the utility's
total cost of the upgrade divided by the incremental capacity resulting from the upgrade,
and multiplying the result by the nameplate capacity of the distributed generation facility
seeking interconnection;
new text end
new text begin
(5) establish a minimum proportion of the total upgrade cost that a utility must receive
from one or more distributed generation facilities before initiating constructing an upgrade;
new text end
new text begin
(6) allow trigger projects and any other distributed generation facilities to pay a utility
more than the trigger project's or distributed generation facility's pro rata cost-share amount
only if needed to meet the minimum threshold established in clause (6) and to receive refunds
for amounts paid beyond the trigger project's or distributed generation facility's pro rata
share of expansion costs from distributed generation projects that subsequently interconnect
at the applicable location;
new text end
new text begin
(7) prohibit owners of distributed generation facilities from using any unsubscribed
capacity at an interconnection that has undergone an upgrade without the distributed
generation owners paying the distributed generation owner's pro rata cost of the upgrade;
and
new text end
new text begin
(8) establish an annual limit or a formula for determining an annual limit for the total
cost of upgrades that are not allocated to owners of participating generation facilities and
may be recovered from ratepayers under section 216B.16, subdivision 7b, clause (6).
new text end
new text begin
(b) For the purposes of this section, the following terms have the meanings given:
new text end
new text begin
(1) "distributed generation project" means an energy generating system with a capacity
no greater than ten megawatts;
new text end
new text begin
(2) "hosting capacity" means the maximum capacity of a utility distribution system to
transport electricity at a specific location without compromising the safety or reliability of
the distribution system;
new text end
new text begin
(3) "trigger project" means the initial distributed generation project whose application
for interconnection of a distributed generation project alerts a utility that an upgrade is
needed in order to accommodate the trigger project and any future interconnections at the
applicable location;
new text end
new text begin
(4) "upgrade" means a modification of a utility's distribution system at a specific location
that is necessary to allow the interconnection of distributed generation projects by increasing
hosting capacity at the applicable location, including but not limited to installing or modifying
equipment at a substation or along a distribution line. Upgrade does not mean an expansion
of hosting capacity dedicated solely to the interconnection of a single distributed generation
project; and
new text end
new text begin
(5) "utility" means a public utility, as defined in Minnesota Statutes, section 216B.02,
subdivision 4, that provides electric service.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 4. new text begin POSITION ESTABLISHED; PUBLIC UTILITIES COMMISSION.
new text end
new text begin Subdivision 1. new text end
new text begin Position; duties. new text end
new text begin
(a) The Public Utilities Commission's Consumer Affairs
Office must establish a new full-time equivalent interconnection ombudsperson position to
assist applicants seeking to interconnect distributed generation projects to utility distribution
systems under the generic statewide standards developed by the commission under section
2. The Public Utilities Commission must (1) appoint a person to the position who possesses
mediation skills and technical expertise related to interconnection and interconnection
procedures, and (2) authorize the person to request and review all interconnection data from
utilities and applicants that are necessary to fulfill the duties of the position described in
this subdivision.
new text end
new text begin
(b) The duties of the interconnection ombudsperson include but are not limited to:
new text end
new text begin
(1) tracking interconnection disputes between applicants and utilities;
new text end
new text begin
(2) facilitating the efficient and fair resolution of disputes between customers seeking
to interconnect and utilities;
new text end
new text begin
(3) reviewing utility interconnection policies to assess opportunities to reduce
interconnection disputes, while considering the equitable distribution of distributed generation
facilities;
new text end
new text begin
(4) convening stakeholder groups as necessary to facilitate effective communication
among interconnection stakeholders; and
new text end
new text begin
(5) preparing reports that detail the number, type, resolution timelines, and outcome of
interconnection disputes.
new text end
new text begin
(c) A utility must provide information requested under this section that the interconnection
ombudsperson determines is necessary to effectively carry out the duties of the position.
new text end
new text begin Subd. 2. new text end
new text begin Definition. new text end
new text begin
For the purposes of this section, "utility" means a public utility, as
defined in Minnesota Statutes, section 216B.02, subdivision 4, that provides electric service.
new text end
new text begin Subd. 3. new text end
new text begin Position; funding. new text end
new text begin
(a) A utility must assess and collect a surcharge of $50 on
each application interconnection filed by an owner of a distributed generation facility located
in Minnesota. A utility must remit the full surcharge to the Public Utilities Commission
monthly, in a manner determined by the Public Utilities Commission, for each interconnection
application filed with the utility during the previous month.
new text end
new text begin
(b) The interconnection ombudsperson account is established in the special revenue
account in the state treasury. The Public Utilities Commission must manage the account.
The Public Utilities Commission must deposit in the account all revenues received from
utilities from the surcharge on interconnection applications established under this section.
Money is appropriated from the account to the Public Utilities Commission for the sole
purpose of funding the ombudsperson position established in subdivision 1.
new text end
new text begin
(c) The Public Utilities Commission must review the amount of revenues collected from
the surcharge each year and may adjust the level of the surcharge as necessary to ensure (1)
sufficient money is available to support the position, and (2) the reserve in the account does
not reach more than ten percent of the amount necessary to fully fund the position.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to applications for interconnections filed with a utility on or after that date.
new text end
ARTICLE 14
MISCELLANEOUS ENERGY POLICY
Section 1.
Minnesota Statutes 2023 Supplement, section 116C.779, subdivision 1, is
amended to read:
Subdivision 1.
Renewable development account.
(a) The renewable development
account is established as a separate account in the special revenue fund in the state treasury.
Appropriations and transfers to the account shall be credited to the account. Earnings, such
as interest, dividends, and any other earnings arising from assets of the account, shall be
credited to the account. Funds remaining in the account at the end of a fiscal year are not
canceled to the general fund but remain in the account until expended. The account shall
be administered by the commissioner of management and budget as provided under this
section.
(b) On July 1, 2017, the public utility that owns the Prairie Island nuclear generating
plant must transfer all funds in the renewable development account previously established
under this subdivision and managed by the public utility to the renewable development
account established in paragraph (a). Funds awarded to grantees in previous grant cycles
that have not yet been expended and unencumbered funds required to be paid in calendar
year 2017 under paragraphs (f) and (g), and sections 116C.7792 and 216C.41, are not subject
to transfer under this paragraph.
(c) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing
each January 15 thereafter, the public utility that owns the Prairie Island nuclear generating
plant must transfer to the renewable development account $500,000 each year for each dry
cask containing spent fuel that is located at the Prairie Island power plant for each year the
plant is in operation, and $7,500,000 each year the plant is not in operation if ordered by
the commission pursuant to paragraph (i). The fund transfer must be made if nuclear waste
is stored in a dry cask at the independent spent-fuel storage facility at Prairie Island for any
part of a year. The total amount transferred annually under this paragraph must be reduced
by $3,750,000.
(d) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing
each January 15 thereafter, the public utility that owns the Monticello nuclear generating
plant must transfer to the renewable development account $350,000 each year for each dry
cask containing spent fuel that is located at the Monticello nuclear power plant for each
year the plant is in operation, and $5,250,000 each year the plant is not in operation if ordered
by the commission pursuant to paragraph (i). The fund transfer must be made if nuclear
waste is stored in a dry cask at the independent spent-fuel storage facility at Monticello for
any part of a year.
(e) Each year, the public utility shall withhold from the funds transferred to the renewable
development account under paragraphs (c) and (d) the amount necessary to pay its obligations
under paragraphs (f) and (g), and sections 116C.7792 and 216C.41, for that calendar year.
(f) If the commission approves a new or amended power purchase agreement, the
termination of a power purchase agreement, or the purchase and closure of a facility under
section 216B.2424, subdivision 9, with an entity that uses poultry litter to generate electricity,
the public utility subject to this section shall enter into a contract with the city in which the
poultry litter plant is located to provide grants to the city for the purposes of economic
development on the following schedule: $4,000,000 in fiscal year 2018; $6,500,000 each
fiscal year in 2019 and 2020; and $3,000,000 in fiscal year 2021. The grants shall be paid
by the public utility from funds withheld from the transfer to the renewable development
account, as provided in paragraphs (b) and (e).
(g) If the commission approves a new or amended power purchase agreement, or the
termination of a power purchase agreement under section 216B.2424, subdivision 9, with
an entity owned or controlled, directly or indirectly, by two municipal utilities located north
of Constitutional Route No. 8, that was previously used to meet the biomass mandate in
section 216B.2424, the public utility that owns a nuclear generating plant shall enter into a
grant contract with such entity to provide $6,800,000 per year for five years, commencing
30 days after the commission approves the new or amended power purchase agreement, or
the termination of the power purchase agreement, and on each June 1 thereafter through
2021, to assist the transition required by the new, amended, or terminated power purchase
agreement. The grant shall be paid by the public utility from funds withheld from the transfer
to the renewable development account as provided in paragraphs (b) and (e).
(h) The collective amount paid under the grant contracts awarded under paragraphs (f)
and (g) is limited to the amount deposited into the renewable development account, and its
predecessor, the renewable development account, established under this section, that was
not required to be deposited into the account under Laws 1994, chapter 641, article 1, section
10.
(i) After discontinuation of operation of the Prairie Island nuclear plant or the Monticello
nuclear plant and each year spent nuclear fuel is stored in dry cask at the discontinued
facility, the commission shall require the public utility to pay $7,500,000 for the discontinued
Prairie Island facility and $5,250,000 for the discontinued Monticello facility for any year
in which the commission finds, by the preponderance of the evidence, that the public utility
did not make a good faith effort to remove the spent nuclear fuel stored at the facility to a
permanent or interim storage site out of the state. This determination shall be made at least
every two years.
(j) Funds in the account may be expended only for any of the following purposes:
(1) to stimulate research and development of renewable electric energy technologies;
(2) to encourage grid modernization, including, but not limited to, projects that implement
electricity storage, load control, and smart meter technology; and
(3) to stimulate other innovative energy projects that reduce demand and increase system
efficiency and flexibility.
Expenditures from the fund must benefit Minnesota ratepayers receiving electric service
from the utility that owns a nuclear-powered electric generating plant in this state or the
Prairie Island Indian community or its members.
The utility that owns a nuclear generating plant is eligible to apply for grants under this
subdivision.
(k) For the purposes of paragraph (j), the following terms have the meanings given:
(1) "renewable" has the meaning given in section 216B.2422, subdivision 1, paragraph
(c), clauses (1), (2), (4), and (5); and
(2) "grid modernization" means:
(i) enhancing the reliability of the electrical grid;
(ii) improving the security of the electrical grid against cyberthreats and physical threats;
and
(iii) increasing energy conservation opportunities by facilitating communication between
the utility and its customers through the use of two-way meters, control technologies, energy
storage and microgrids, technologies to enable demand response, and other innovative
technologies.
(l) A renewable development account advisory group that includes, among others,
representatives of the public utility and its ratepayers, and includes at least one representative
of the Prairie Island Indian community appointed by that community's tribal council, shall
develop recommendations on account expenditures. The advisory group must design a
request for proposal and evaluate projects submitted in response to a request for proposals.
The advisory group must utilize an independent third-party expert to evaluate proposals
submitted in response to a request for proposal, including all proposals made by the public
utility. A request for proposal for research and development under paragraph (j), clause (1),
may be limited to or include a request to higher education institutions located in Minnesota
for multiple projects authorized under paragraph (j), clause (1). The request for multiple
projects may include a provision that exempts the projects from the third-party expert review
and instead provides for project evaluation and selection by a merit peer review grant system.
In the process of determining request for proposal scope and subject and in evaluating
responses to request for proposals, the advisory group must strongly consider, where
reasonable:
(1) potential benefit to Minnesota citizens and businesses and the utility's ratepayers;
and
(2) the proposer's commitment to increasing the diversity of the proposer's workforce
and vendors.
(m) The advisory group shall submit funding recommendations to the public utility,
which has full and sole authority to determine which expenditures shall be submitted by
the advisory group to the legislature. The commission may approve proposed expenditures,
may disapprove proposed expenditures that it finds not to be in compliance with this
subdivision or otherwise not in the public interest, and may, if agreed to by the public utility,
modify proposed expenditures. The commission shall, by order, submit its funding
recommendations to the legislature as provided under paragraph (n).
(n) The commission shall present its recommended appropriations from the account to
the senate and house of representatives committees with jurisdiction over energy policy and
finance annually by February 15. Expenditures from the account must be appropriated by
law. In enacting appropriations from the account, the legislature:
(1) may approve or disapprove, but may not modify, the amount of an appropriation for
a project recommended by the commission; and
(2) may not appropriate money for a project the commission has not recommended
funding.
(o) A request for proposal for renewable energy generation projects must, when feasible
and reasonable, give preference to projects that are most cost-effective for a particular energy
source.
(p) The advisory group must annually, by February 15, report to the chairs and ranking
minority members of the legislative committees with jurisdiction over energy policy on
projects funded by the account for the prior year and all previous years. The report must,
to the extent possible and reasonable, itemize the actual and projected financial benefit to
the public utility's ratepayers of each project.
deleted text begin
(q) By February 1, 2018, and each February 1 thereafter, the commissioner of
management and budget shall submit a written report regarding the availability of funds in
and obligations of the account to the chairs and ranking minority members of the senate
and house committees with jurisdiction over energy policy and finance, the public utility,
and the advisory group.
deleted text end
deleted text begin (r)deleted text end new text begin (q)new text end A project receiving funds from the account must produce a written final report
that includes sufficient detail for technical readers and a clearly written summary for
nontechnical readers. The report must include an evaluation of the project's financial,
environmental, and other benefits to the state and the public utility's ratepayers. A project
receiving funds from the account must submit a report that meets the requirements of section
216C.51, subdivisions 3 and 4, each year the project funded by the account is in progress.
deleted text begin (s)deleted text end new text begin (r)new text end Final reports, any mid-project status reports, and renewable development account
financial reports must be posted online on a public website designated by the commissioner
of commerce.
deleted text begin (t)deleted text end new text begin (s)new text end All final reports must acknowledge that the project was made possible in whole
or part by the Minnesota renewable development account, noting that the account is financed
by the public utility's ratepayers.
deleted text begin (u)deleted text end new text begin (t)new text end Of the amount in the renewable development account, priority must be given to
making the payments required under section 216C.417.
deleted text begin (v)deleted text end new text begin (u)new text end Construction projects receiving funds from this account are subject to the
requirement to pay the prevailing wage rate, as defined in section 177.42 and the requirements
and enforcement provisions in sections 177.27, 177.30, 177.32, 177.41 to 177.435, and
177.45.
Sec. 2.
Minnesota Statutes 2022, section 216B.16, subdivision 6c, is amended to read:
Subd. 6c.
Incentive plan for energy conservation new text begin and efficient fuel-switching
new text end improvement.
(a) The commission may order public utilities to develop and submit for
commission approval incentive plans that describe the method of recovery and accounting
for utility conservation new text begin and efficient fuel-switching new text end expenditures and savings. new text begin For public
utilities that provide electric service, the commission must develop and implement incentive
plans designed to promote energy conservation separately from plans designed to promote
efficient fuel-switching.new text end In developing the incentive plans the commission shall ensure the
effective involvement of interested parties.
(b) In approving incentive plans, the commission shall consider:
(1) whether the plan is likely to increase utility investment in cost-effective energy
conservationnew text begin or efficient fuel switchingnew text end ;
(2) whether the plan is compatible with the interest of utility ratepayers and other
interested parties;
(3) whether the plan links the incentive to the utility's performance in achieving
cost-effective conservationnew text begin or efficient fuel switchingnew text end ; deleted text begin and
deleted text end
(4) whether the plan is in conflict with other provisions of this chapterdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(5) whether the plan conflicts with other provisions of this chapter; and
new text end
new text begin
(6) the likely financial impacts of the conservation and efficient fuel-switching on the
utility.
new text end
(c) The commission may set rates to encourage the vigorous and effective implementation
of utility conservation new text begin and efficient fuel-switching new text end programs. The commission may:
(1) increase or decrease any otherwise allowed rate of return on net investment based
upon the utility's skill, efforts, and success in deleted text begin conservingdeleted text end new text begin improving the efficient use ofnew text end
energynew text begin through energy conservation or efficient fuel switchingnew text end ;
(2) share between ratepayers and utilities the net savings resulting from energy
conservation new text begin and efficient fuel-switching new text end programs to the extent justified by the utility's
skill, efforts, and success in deleted text begin conservingdeleted text end new text begin improving the efficient use ofnew text end energy; and
(3) adopt any mechanism that satisfies the criteria of this subdivision, such that
implementation of cost-effective conservation new text begin or efficient fuel switching new text end is a preferred
resource choice for the public utility considering the impact of conservation new text begin or efficient fuel
switching new text end on earnings of the public utility.
new text begin
(d) Any incentives offered to electric utilities under this subdivision for efficient-fuel
switching projects expire December 31, 2032.
new text end
Sec. 3.
Minnesota Statutes 2022, section 216B.2402, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Data mining facility. new text end
new text begin
"Data mining facility" means all buildings, structures,
equipment, and installations at a single site where electricity is used primarily by computers
to process transactions involving digital currency that is not issued by a central authority.
new text end
Sec. 4.
Minnesota Statutes 2022, section 216B.2402, subdivision 4, is amended to read:
Subd. 4.
Efficient fuel-switching improvement.
"Efficient fuel-switching improvement"
means a project that:
(1) replaces a fuel used by a customer with electricity or natural gas delivered at retail
by a utility subject to section 216B.2403 or 216B.241;
(2) results in a net increase in the use of electricity or natural gas and a net decrease in
source energy consumption on a fuel-neutral basis;
(3) otherwise meets the criteria established for consumer-owned utilities in section
216B.2403, subdivision 8, and for public utilities under section 216B.241, subdivisions 11
and 12; and
(4) requires the installation of equipment that utilizes electricity or natural gas, resulting
in a reduction or elimination of the previous fuel used.
An efficient fuel-switching improvement is not an energy conservation improvement or
energy efficiency even if the efficient fuel-switching improvement results in a net reduction
in electricity or natural gas use. deleted text begin An efficient fuel-switching improvement does not include,
and must not count toward any energy savings goal from, energy conservation improvements
when fuel switching would result in an increase of greenhouse gas emissions into the
atmosphere on an annual basis.
deleted text end
Sec. 5.
Minnesota Statutes 2022, section 216B.2402, subdivision 10, is amended to read:
Subd. 10.
Gross annual retail energy sales.
"Gross annual retail energy sales" means
a utility's annual electric sales to all Minnesota retail customers, or natural gas throughput
to all retail customers, including natural gas transportation customers, on a utility's
distribution system in Minnesota. Gross annual retail energy sales does not include:
(1) gas sales to:
(i) a large energy facility;
(ii) a large customer facility whose natural gas utility has been exempted by the
commissioner under section 216B.241, subdivision 1a, paragraph (a), with respect to natural
gas sales made to the large customer facility; and
(iii) a commercial gas customer facility whose natural gas utility has been exempted by
the commissioner under section 216B.241, subdivision 1a, paragraph (b), with respect to
natural gas sales made to the commercial gas customer facility;
(2) electric sales tonew text begin :
new text end
new text begin (i)new text end a large customer facility whose electric utility has been exempted by the commissioner
under section 216B.241, subdivision 1a, paragraph (a), with respect to electric sales made
to the large customer facility; deleted text begin ordeleted text end new text begin and
new text end
new text begin
(ii) a data mining facility, if the facility:
new text end
new text begin
(A) has provided a signed letter to the utility verifying the facility meets the definition
of a data mining facility; and
new text end
new text begin
(B) imposes a peak electrical demand on a consumer-owned utility's system equal to or
greater than 40 percent of the peak electrical demand of the system, measured in the same
manner as the utility that serves the customer facility measures electric demand for billing
purposes; or
new text end
(3) the amount of electric sales prior to December 31, 2032, that are associated with a
utility's program, rate, or tariff for electric vehicle charging based on a methodology and
assumptions developed by the department in consultation with interested stakeholders no
later than December 31, 2021. After December 31, 2032, incremental sales to electric
vehicles must be included in calculating a new text begin public new text end utility's gross annual retail sales.
Sec. 6.
Minnesota Statutes 2022, section 216B.2403, subdivision 2, is amended to read:
Subd. 2.
Consumer-owned utility; energy-savings goal.
(a) Each individual
consumer-owned new text begin electric new text end utility subject to this section has an annual energy-savings goal
equivalent to 1.5 percent of gross annual retail energy salesnew text begin and each individual
consumer-owned natural gas utility subject to this section has an annual energy-savings
goal equivalent to one percent of gross annual retail energy salesnew text end , to be met with a minimum
of energy savings from energy conservation improvements equivalent to at least deleted text begin 0.95deleted text end new text begin 0.90new text end
percent of the consumer-owned utility's gross annual retail energy sales. The balance of
energy savings toward the annual energy-savings goal may be achieved only by the following
consumer-owned utility activities:
(1) energy savings from additional energy conservation improvements;
(2) electric utility infrastructure projects, as defined in section 216B.1636, subdivision
1, that result in increased efficiency greater than would have occurred through normal
maintenance activity;
(3) net energy savings from efficient fuel-switching improvements that meet the criteria
under subdivision 8, which may contribute up to deleted text begin 0.55deleted text end new text begin 0.60new text end percent of the goal; or
(4) subject to department approval, demand-side natural gas or electric energy displaced
by use of waste heat recovered and used as thermal energy, including the recovered thermal
energy from a cogeneration or combined heat and power facility.
(b) The energy-savings goals specified in this section must be calculated based on
weather-normalized sales averaged over the most recent three years. A consumer-owned
utility may elect to carry forward energy savings in excess of 1.5 percent for a year to the
next three years, except that energy savings from electric utility infrastructure projects may
be carried forward for five years. A particular energy savings can only be used to meet one
year's goal.
(c) A consumer-owned utility subject to this section is not required to make energy
conservation improvements that are not cost-effective, even if the improvement is necessary
to attain the energy-savings goal. A consumer-owned utility subject to this section must
make reasonable efforts to implement energy conservation improvements that exceed the
minimum level established under this subdivision if cost-effective opportunities and funding
are available, considering other potential investments the consumer-owned utility intends
to make to benefit customers during the term of the plan filed under subdivision 3.
deleted text begin
(d) Notwithstanding any provision to the contrary, until July 1, 2026, spending by a
consumer-owned utility subject to this section on efficient fuel-switching improvements
implemented to meet the annual energy savings goal under this section must not exceed
0.55 percent per year, averaged over a three-year period, of the consumer-owned utility's
gross annual retail energy sales.
deleted text end
Sec. 7.
Minnesota Statutes 2022, section 216B.2403, subdivision 3, is amended to read:
Subd. 3.
Consumer-owned utility; energy conservation and optimization plans.
(a)
By June 1, 2022, and at least every three years thereafter, each consumer-owned utility must
file with the commissioner an energy conservation and optimization plan that describes the
programs for energy conservation, efficient fuel-switching, load management, and other
measures the consumer-owned utility intends to offer to achieve the utility's energy savings
goal.
(b) A plan's term may extend up to three years. A multiyear plan must identify the total
energy savings and energy savings resulting from energy conservation improvements that
are projected to be achieved in each year of the plan. A multiyear plan that does not, in each
year of the plan, meet both the minimum energy savings goal from energy conservation
improvements and the total energy savings goal of 1.5 percent, or lower goals adjusted by
the commissioner under paragraph (k), must:
(1) state why each goal is projected to be unmet; and
(2) demonstrate how the consumer-owned utility proposes to meet both goals on an
average basis over the duration of the plan.
(c) A plan filed under this subdivision must provide:
(1) for existing programs, an analysis of the cost-effectiveness of the consumer-owned
utility's programs offered under the plan, using a list of baseline energy- and capacity-savings
assumptions developed in consultation with the department; and
(2) for new programs, a preliminary analysis upon which the program will proceed, in
parallel with further development of assumptions and standards.
(d) The commissioner must evaluate a plan filed under this subdivision based on the
plan's likelihood to achieve the energy-savings goals established in subdivision 2. The
commissioner may make recommendations to a consumer-owned utility regarding ways to
increase the effectiveness of the consumer-owned utility's energy conservation activities
and programs under this subdivision. The commissioner may recommend that a
consumer-owned utility implement a cost-effective energy conservationnew text begin or efficient
fuel-switchingnew text end programdeleted text begin , including an energy conservation programdeleted text end suggested by an outside
source such as a political subdivision, nonprofit corporation, or community organization.
(e) Beginning June 1, 2023, and every June 1 thereafter, each consumer-owned utility
must file: (1) an annual update identifying the status of the plan filed under this subdivision,
including: (i) total expenditures and investments made to date under the plan; and (ii) any
intended changes to the plan; and (2) a summary of the annual energy-savings achievements
under a plan. An annual filing made in the last year of a plan must contain a new plan that
complies with this section.
(f) When evaluating the cost-effectiveness of a consumer-owned utility's energy
conservation programs, the consumer-owned utility and the commissioner must consider
the costs and benefits to ratepayers, the utility, participants, and society. The commissioner
must also consider the rate at which the consumer-owned utility is increasing energy savings
and expenditures on energy conservation, and lifetime energy savings and cumulative energy
savings.
(g) A consumer-owned utility may annually spend and invest up to ten percent of the
total amount spent and invested on energy conservationnew text begin , efficient fuel-switching, or load
managementnew text end improvements on research and development projects that meet the new text begin applicable
new text end definition of energy conservationnew text begin , efficient fuel-switching, or load managementnew text end improvement.
(h) A generation and transmission cooperative electric association or municipal power
agency that provides energy services to consumer-owned utilities may file a plan under this
subdivision on behalf of the consumer-owned utilities to which the association or agency
provides energy services and may make investments, offer conservation programs, and
otherwise fulfill the energy-savings goals and reporting requirements of this subdivision
for those consumer-owned utilities on an aggregate basis.
(i) A consumer-owned utility is prohibited from spending for or investing in energy
conservation improvements that directly benefit a large energy facility or a large electric
customer facility the commissioner has exempted under section 216B.241, subdivision 1a.
(j) The energy conservation and optimization plan of a consumer-owned utility may
include activities to improve energy efficiency in the public schools served by the utility.
These activities may include programs to:
(1) increase the efficiency of the school's lighting and heating and cooling systems;
(2) recommission buildings;
(3) train building operators; and
(4) provide opportunities to educate students, teachers, and staff regarding energy
efficiency measures implemented at the school.
(k) A consumer-owned utility may request that the commissioner adjust the
consumer-owned utility's minimum goal for energy savings from energy conservation
improvements under subdivision 2, paragraph (a), for the duration of the plan filed under
this subdivision. The request must be made by January 1 of the year when the
consumer-owned utility must file a plan under this subdivision. The request must be based
on:
(1) historical energy conservation improvement program achievements;
(2) customer class makeup;
(3) projected load growth;
(4) an energy conservation potential study that estimates the amount of cost-effective
energy conservation potential that exists in the consumer-owned utility's service territory;
(5) the cost-effectiveness and quality of the energy conservation programs offered by
the consumer-owned utility; and
(6) other factors the commissioner and consumer-owned utility determine warrant an
adjustment.
The commissioner must adjust the energy savings goal to a level the commissioner determines
is supported by the record, but must not approve a minimum energy savings goal from
energy conservation improvements that is less than an average of 0.95 percent per year over
the consecutive years of the plan's duration, including the year the minimum energy savings
goal is adjusted.
(l) A consumer-owned utility filing a conservation and optimization plan that includes
an efficient fuel-switching program deleted text begin to achieve the utility's energy savings goaldeleted text end must, as part
of the filing, demonstrate deleted text begin by a comparison of greenhouse gas emissions between the fuelsdeleted text end
that the requirements of subdivision 8 are metdeleted text begin , using a full fuel-cycle energy analysisdeleted text end .
Sec. 8.
Minnesota Statutes 2022, section 216B.2403, subdivision 5, is amended to read:
Subd. 5.
Energy conservation programs for low-income households.
(a) A
consumer-owned utility subject to this section must provide energy conservation programs
to low-income households. The commissioner must evaluate a consumer-owned utility's
plans under this section by considering the consumer-owned utility's historic spending on
energy conservation programs directed to low-income households, the rate of customer
participation in and the energy savings resulting from those programs, and the number of
low-income persons residing in the consumer-owned utility's service territory. A municipal
utility that furnishes natural gas service must spend at least 0.2 percent of the municipal
utility's most recent three-year average gross operating revenue from residential customers
in Minnesota on energy conservation programs for low-income households. A
consumer-owned utility that furnishes electric service must spend at least 0.2 percent of the
consumer-owned utility's gross operating revenue from residential customers in Minnesota
on energy conservation programs for low-income households. The requirement under this
paragraph applies to each generation and transmission cooperative association's aggregate
gross operating revenue from the sale of electricity to residential customers in Minnesota
by all of the association's member distribution cooperatives.
(b) To meet all or part of the spending requirements of paragraph (a), a consumer-owned
utility may contribute money to the energy and conservation account established in section
216B.241, subdivision 2a. An energy conservation optimization plan must state the amount
of contributions the consumer-owned utility plans to make to the energy and conservation
account. Contributions to the account must be used for energy conservation programs serving
low-income households, including renters, located in the service area of the consumer-owned
utility making the contribution. Contributions must be remitted to the commissioner by
February 1 each year.
(c) The commissioner must establish energy conservation programs for low-income
households funded through contributions to the energy and conservation account under
paragraph (b). When establishing energy conservation programs for low-income households,
the commissioner must consult political subdivisions, utilities, and nonprofit and community
organizations, including organizations providing energy and weatherization assistance to
low-income households. The commissioner must record and report expenditures and energy
savings achieved as a result of energy conservation programs for low-income households
funded through the energy and conservation account in the report required under section
216B.241, subdivision 1c, paragraph (f). The commissioner may contract with a political
subdivision, nonprofit or community organization, public utility, municipality, or
consumer-owned utility to implement low-income programs funded through the energy and
conservation account.
(d) A consumer-owned utility may petition the commissioner to modify the required
spending under this subdivision if the consumer-owned utility and the commissioner were
unable to expend the amount required for three consecutive years.
(e) The commissioner must develop and establish guidelines for determining the eligibility
of multifamily buildings to participate in energy conservation programs provided to
low-income households. Notwithstanding the definition of low-income household in section
216B.2402, a consumer-owned utility or association may apply the most recent guidelines
published by the department for purposes of determining the eligibility of multifamily
buildings to participate in low-income programs. The commissioner must convene a
stakeholder group to review and update these guidelines by August 1, 2021, and at least
once every five years thereafter. The stakeholder group must include but is not limited to
representatives of public utilities; municipal electric or gas utilities; electric cooperative
associations; multifamily housing owners and developers; and low-income advocates.
(f) Up to 15 percent of a consumer-owned utility's spending on low-income energy
conservation programs may be spent on preweatherization measures. A consumer-owned
utility is prohibited from claiming energy savings from preweatherization measures toward
the consumer-owned utility's energy savings goal.
(g) The commissioner must, by order, establish a list of preweatherization measures
eligible for inclusion in low-income energy conservation programs no later than March 15,
2022.
(h) A Healthy AIR (Asbestos Insulation Removal) account is established as a separate
account in the special revenue fund in the state treasury. A consumer-owned utility may
elect to contribute money to the Healthy AIR account to provide preweatherization measures
for households eligible for weatherization assistance from the state weatherization assistance
program in section 216C.264. Remediation activities must be executed in conjunction with
federal weatherization assistance program services. Money contributed to the account by a
consumer-owned utility counts toward: (1) the minimum low-income spending requirement
under paragraph (a); and (2) the cap on preweatherization measures under paragraph (f).
Money in the account is annually appropriated to the commissioner of commerce to pay for
Healthy AIR-related activities.
new text begin
(i) This paragraph applies to a consumer-owned utility that supplies electricity to a
low-income household whose primary heating fuel is supplied by an entity other than a
public utility. Any spending on space and water heating energy conservation improvements
and efficient fuel-switching by the consumer-owned utility on behalf of the low-income
household may be applied to the consumer owned utility's spending requirement in paragraph
(a). To the maximum extent possible, a consumer-owned utility providing services under
this paragraph must offer the services in conjunction with weatherization services provided
under section 216C.264.
new text end
Sec. 9.
Minnesota Statutes 2022, section 216B.2403, subdivision 8, is amended to read:
Subd. 8.
Criteria for efficient fuel-switching improvements.
(a) A fuel-switching
improvement is deemed efficient if, applying the technical criteria established under section
216B.241, subdivision 1d, paragraph (e), the improvement, relative to the fuel being
displaced:
(1) results in a net reduction in the amount of source energy consumed for a particular
use, measured on a fuel-neutral basisnew text begin , using (i) the consumer-owned utility's or the utility's
electricity supplier's annual system average efficiency, or (ii) if the utility elects, a seasonal,
monthly, or more granular level of analysis for the electric utility system over the measure's
lifenew text end ;
(2) results in a net reduction of statewide greenhouse gas emissions, as defined in section
216H.01, subdivision 2, over the lifetime of the improvement. For an efficient fuel-switching
improvement installed by an electric consumer-owned utility, the reduction in emissions
must be measured deleted text begin based on the hourly emissions profile of the consumer-owned utility or
the utility's electricity supplier, as reported in the most recent resource plan approved by
the commission under section 216B.2422. If the hourly emissions profile is not available,
the commissioner must develop a method consumer-owned utilities must use to estimate
that valuedeleted text end new text begin using (i) the consumer-owned utility's or the utility's electricity supplier's annual
average emissions factor, or (ii) if the utility elects, a seasonal, monthly, or more granular
level of analysis for the electric utility system over the measure's lifenew text end ;new text begin and
new text end
(3) is cost-effective, considering the costs and benefits from the perspective of the
consumer-owned utility, participants, and societydeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(4) is installed and operated in a manner that improves the consumer-owned utility's
system load factor.
deleted text end
(b) For purposes of this subdivision, "source energy" means the total amount of primary
energy required to deliver energy services, adjusted for losses in generation, transmission,
and distribution, and expressed on a fuel-neutral basis.
Sec. 10.
Minnesota Statutes 2022, section 216B.241, subdivision 1c, is amended to read:
Subd. 1c.
Public utility; energy-saving goals.
(a) The commissioner shall establish
energy-saving goals for energy conservation improvements and shall evaluate an energy
conservation improvement program on how well it meets the goals set.
(b) A public utility providing electric service has an annual energy-savings goal equivalent
to 1.75 percent of gross annual retail energy sales unless modified by the commissioner
under paragraph (c). A public utility providing natural gas service has an annual
energy-savings goal equivalent to one percent of gross annual retail energy sales, which
cannot be lowered by the commissioner. The savings goals must be calculated based on the
most recent three-year weather-normalized average. A public utility providing electric
service may elect to carry forward energy savings in excess of 1.75 percent for a year to
the succeeding three calendar years, except that savings from electric utility infrastructure
projects allowed under paragraph (d) may be carried forward for five years. A public utility
providing natural gas service may elect to carry forward energy savings in excess of one
percent for a year to the succeeding three calendar years. A particular energy savings can
only be used to meet one year's goal.
(c) In its energy conservation and optimization plan filing, a public utility may request
the commissioner to adjust its annual energy-savings percentage goal based on its historical
conservation investment experience, customer class makeup, load growth, a conservation
potential study, or other factors the commissioner determines warrants an adjustment.
(d) The commissioner may not approve a plan of a public utility that provides for an
annual energy-savings goal of less than one percent of gross annual retail energy sales from
energy conservation improvements.
The balance of the 1.75 percent annual energy savings goal may be achieved through
energy savings from:
(1) additional energy conservation improvements;
(2) electric utility infrastructure projects approved by the commission under section
216B.1636 that result in increased efficiency greater than would have occurred through
normal maintenance activity; or
(3) subject to department approval, demand-side natural gas or electric energy displaced
by use of waste heat recovered and used as thermal energy, including the recovered thermal
energy from a cogeneration or combined heat and power facility.
(e) A public utility is not required to make energy conservation investments to attain
the energy-savings goals of this subdivision that are not cost-effective even if the investment
is necessary to attain the energy-savings goals. For the purpose of this paragraph, in
determining cost-effectiveness, the commissioner shall consider: (1) the costs and benefits
to ratepayers, the utility, participants, and society; (2) the rate at which a public utility is
increasing both its energy savings and its expenditures on energy conservation; and (3) the
public utility's lifetime energy savings and cumulative energy savings.
(f) On an annual basis, the commissioner shall produce and make publicly available a
report on the annual energy and capacity savings and estimated carbon dioxide reductions
achieved by the programs under this section and section 216B.2403 for the two most recent
years for which data is available. The report must also include information regarding any
annual energy sales or generation capacity increases resulting from efficient fuel-switching
improvements. The commissioner shall report on program performance both in the aggregate
and for each entity filing an energy conservation improvement plan for approval or review
by the commissioner, and must estimate progress made toward the statewide energy-savings
goal under section 216B.2401.
deleted text begin
(g) Notwithstanding any provision to the contrary, until July 1, 2026, spending by a
public utility subject to this section on efficient fuel-switching improvements to meet energy
savings goals under this section must not exceed 0.35 percent per year, averaged over three
years, of the public utility's gross annual retail energy sales.
deleted text end
Sec. 11.
Minnesota Statutes 2022, section 216B.241, subdivision 2, is amended to read:
Subd. 2.
Public utility; energy conservation and optimization plans.
(a) The
commissioner may require a public utility to make investments and expenditures in energy
conservation improvements, explicitly setting forth the interest rates, prices, and terms under
which the improvements must be offered to the customers.
(b) A public utility shall file an energy conservation and optimization plan by June 1,
on a schedule determined by order of the commissioner, but at least every three years. As
provided in subdivisions 11 to 13, plans may include programs for efficient fuel-switching
improvements and load management. An individual utility program may combine elements
of energy conservation, load management, or efficient fuel-switching. The plan must estimate
the lifetime energy savings and cumulative lifetime energy savings projected to be achieved
under the plan. A plan filed by a public utility by June 1 must be approved or approved as
modified by the commissioner by December 1 of that same year.
(c) The commissioner shall evaluate the plan on the basis of cost-effectiveness and the
reliability of technologies employed. The commissioner's order must provide to the extent
practicable for a free choice, by consumers participating in an energy conservation program,
of the device, method, material, or project constituting the energy conservation improvement
and for a free choice of the seller, installer, or contractor of the energy conservation
improvement, provided that the device, method, material, or project seller, installer, or
contractor is duly licensed, certified, approved, or qualified, including under the residential
conservation services program, where applicable.
(d) The commissioner may require a utility subject to subdivision 1c to make an energy
conservation improvement investment or expenditure whenever the commissioner finds
that the improvement will result in energy savings at a total cost to the utility less than the
cost to the utility to produce or purchase an equivalent amount of new supply of energy.
(e) Each public utility subject to this subdivision may spend and invest annually up to
ten percent of the total amount deleted text begin spent and investeddeleted text end new text begin that the public utility spends and investsnew text end
on energy conservationnew text begin , efficient fuel-switching, or load managementnew text end improvements under
this section deleted text begin by the public utilitydeleted text end on research and development projects that meet the new text begin applicable
new text end definition of energy conservationnew text begin , efficient fuel-switching, or load managementnew text end improvement.
(f) The commissioner shall consider and may require a public utility to undertake an
energy conservation deleted text begin programdeleted text end new text begin or efficient fuel-switching program, subject to the requirements
of subdivisions 11 and 12, that isnew text end suggested by an outside source, including a political
subdivision, a nonprofit corporation, or community organization.new text begin In approving a proposal
under this paragraph, the commissioner must consider the qualifications and experience of
the entity proposing the program and any other criteria the commissioner deems relevant.
new text end
(g) A public utility, a political subdivision, or a nonprofit or community organization
that has suggested an energy conservation program, the attorney general acting on behalf
of consumers and small business interests, or a public utility customer that has suggested
an energy conservation program and is not represented by the attorney general under section
8.33 may petition the commission to modify or revoke a department decision under this
section, and the commission may do so if it determines that the energy conservation program
is not cost-effective, does not adequately address the residential conservation improvement
needs of low-income persons, has a long-range negative effect on one or more classes of
customers, or is otherwise not in the public interest. The commission shall reject a petition
that, on its face, fails to make a reasonable argument that an energy conservation program
is not in the public interest.
(h) The commissioner may order a public utility to include, with the filing of the public
utility's annual status report, the results of an independent audit of the public utility's
conservation improvement programs and expenditures performed by the department or an
auditor with experience in the provision of energy conservation and energy efficiency
services approved by the commissioner and chosen by the public utility. The audit must
specify the energy savings or increased efficiency in the use of energy within the service
territory of the public utility that is the result of the public utility's spending and investments.
The audit must evaluate the cost-effectiveness of the public utility's conservation programs.
(i) The energy conservation and optimization plan of each public utility subject to this
section must include activities to improve energy efficiency in public schools served by the
utility. As applicable to each public utility, at a minimum the activities must include programs
to increase the efficiency of the school's lighting and heating and cooling systems, and to
provide for building recommissioning, building operator training, and opportunities to
educate students, teachers, and staff regarding energy efficiency measures implemented at
the school.
(j) The commissioner may require investments or spending greater than the amounts
proposed in a plan filed under this subdivision or section 216C.17 for a public utility whose
most recent advanced forecast required under section 216B.2422 projects a peak demand
deficit of 100 megawatts or more within five years under midrange forecast assumptions.
(k) A public utility filing a conservation and optimization plan that includes an efficient
fuel-switching program deleted text begin to achieve the utility's energy savings goaldeleted text end must, as part of the filing,
demonstrate deleted text begin by a comparison of greenhouse gas emissions between the fuelsdeleted text end that the
requirements of subdivisions 11 or 12 are met, as applicabledeleted text begin , using a full fuel-cycle energy
analysisdeleted text end .
Sec. 12.
Minnesota Statutes 2022, section 216B.241, subdivision 11, is amended to read:
Subd. 11.
Programs for efficient fuel-switching improvements; electric utilities.
(a)
A public utility providing electric service at retail may include in the plan required under
subdivision 2 new text begin a proposed goal for efficient fuel-switching improvements that the utility
expects to achieve under the plan and the new text end programs to implement efficient fuel-switching
improvements or combinations of energy conservation improvements, fuel-switching
improvements, and load management. For each program, the public utility must provide a
proposed budget, an analysis of the program's cost-effectiveness, and estimated net energy
and demand savings.
(b) The department may approve proposed programs for efficient fuel-switching
improvements if the department determines the improvements meet the requirements of
paragraph (d). deleted text begin For fuel-switching improvements that require the deployment of electric
technologies, the department must also consider whether the fuel-switching improvement
can be operated in a manner that facilitates the integration of variable renewable energy
into the electric system. The net benefits from an efficient fuel-switching improvement that
is integrated with an energy efficiency program approved under this section may be counted
toward the net benefits of the energy efficiency program, if the department determines the
primary purpose and effect of the program is energy efficiency.
deleted text end
(c) A public utility may file a rate schedule with the commission that provides for annual
cost recovery of reasonable and prudent costs to implement and promote efficient
fuel-switching programs. The new text begin utility, department, or other entity may propose, and the
new text end commission may deleted text begin notdeleted text end approvenew text begin , modify, or reject,new text end a new text begin proposal for a new text end financial incentive to
encourage efficient fuel-switching programs operated by a public utility providing electric
servicenew text begin approved under this subdivision. When making a decision on the financial incentive
proposal, the commission must apply the considerations established in section 216B.16,
subdivision 6c, paragraphs (b) and (c)new text end .
(d) A fuel-switching improvement is deemed efficient if, applying the technical criteria
established under section 216B.241, subdivision 1d, paragraph (e), the improvement meets
the following criteria, relative to the fuel that is being displaced:
(1) results in a net reduction in the amount of source energy consumed for a particular
use, measured on a fuel-neutral basisnew text begin , using (i) the utility's annual system average efficiency,
or (ii) if the utility elects, a seasonal, monthly, or more granular level of analysis for the
electric utility system over the measure's lifenew text end ;
(2) results in a net reduction of statewide greenhouse gas emissions as defined in section
216H.01, subdivision 2, over the lifetime of the improvement. For an efficient fuel-switching
improvement installed by an electric utility, the reduction in emissions must be measured
deleted text begin based on the hourly emission profile of the electric utility, using the hourly emissions profile
in the most recent resource plan approved by the commission under section 216B.2422deleted text end new text begin
using (i) the utility's annual average emissions factor, or (ii) if the utility elects, a seasonal,
monthly or more granular level of analysis, for the electric utility system over the measure's
lifenew text end ;new text begin and
new text end
(3) is cost-effective, considering the costs and benefits from the perspective of the utility,
participants, and societydeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(4) is installed and operated in a manner that improves the utility's system load factor.
deleted text end
(e) For purposes of this subdivision, "source energy" means the total amount of primary
energy required to deliver energy services, adjusted for losses in generation, transmission,
and distribution, and expressed on a fuel-neutral basis.
Sec. 13.
Minnesota Statutes 2022, section 216B.241, subdivision 12, is amended to read:
Subd. 12.
Programs for efficient fuel-switching improvements; natural gas
utilities.
(a) As part of a public utility's plan filed under subdivision 2, a public utility that
provides natural gas service to Minnesota retail customers may propose one or more programs
to install electric technologies that reduce the consumption of natural gas by the utility's
retail customers as an energy conservation improvement. The commissioner may approve
a proposed program if the commissioner, applying the technical criteria developed under
section 216B.241, subdivision 1d, paragraph (e), determines that:
(1) the electric technology to be installed meets the criteria established under section
216B.241, subdivision 11, paragraph (d), clauses (1) and (2); and
(2) the program is cost-effective, considering the costs and benefits to ratepayers, the
utility, participants, and society.
(b) If a program is approved by the commission under this subdivision, the public utility
may count the program's energy savings toward its energy savings goal under section
216B.241, subdivision 1c. Notwithstanding section 216B.2402, subdivision 4, efficient
fuel-switching achieved through programs approved under this subdivision is energy
conservation.
(c) A public utility may file rate schedules with the commission that provide annual
cost-recovery for programs approved by the department under this subdivision, including
reasonable and prudent costs to implement and promote the programs.
(d) The commission may approve, modify, or reject a proposal made by the department
or a utility for an incentive plan to encourage efficient fuel-switching programs approved
under this subdivision, applying the considerations established under section 216B.16,
subdivision 6c, paragraphs (b) and (c). The commission may approve a financial incentive
mechanism that is calculated based on the combined energy savings and net benefits that
the commission has determined have been achieved by a program approved under this
subdivision, provided the commission determines that the financial incentive mechanism
is in the ratepayers' interest.
deleted text begin
(e) A public utility is not eligible for a financial incentive for an efficient fuel-switching
program under this subdivision in any year in which the utility achieves energy savings
below one percent of gross annual retail energy sales, excluding savings achieved through
fuel-switching programs.
deleted text end
Sec. 14.
Minnesota Statutes 2023 Supplement, section 216C.08, is amended to read:
216C.08 JURISDICTION.
new text begin (a) new text end The commissioner has sole authority and responsibility deleted text begin for the administration of
sections 216C.05 to 216C.30 and 216C.375deleted text end new text begin to administer this chapternew text end . Other laws
notwithstanding, the authority grantednew text begin tonew text end the commissioner deleted text begin shall supersededeleted text end new text begin under this section
supersedesnew text end the authority given any other agency whenever overlapping, duplication, or
additional administrative or legal procedures might occur in deleted text begin the administration of sections
216C.05 to 216C.30 and 216C.375deleted text end new text begin administering this chapternew text end . The commissioner shall
consult with other state departments or agencies in matters related to energy and shall
contract with deleted text begin themdeleted text end new text begin the other state departments or agenciesnew text end to provide appropriate services
to effectuate the purposes of deleted text begin sections 216C.05 to 216C.30 and 216C.375deleted text end new text begin this chapternew text end . Any
other department, agency, or official of this state or political subdivision thereof which
would in any way affect the administration or enforcement of deleted text begin sections 216C.05 to 216C.30
and 216C.375deleted text end new text begin this chapternew text end shall cooperate and coordinate all activities with the commissioner
to assure orderly and efficient administration and enforcement of deleted text begin sections 216C.05 to
216C.30 and 216C.375deleted text end new text begin this chapternew text end .
new text begin (b) new text end The commissioner shall designate a liaison officer whose duty shall be to insure the
maximum possible consistency in procedures and to eliminate duplication between the
commissioner and the other agencies that may be involved in energy.
Sec. 15.
Minnesota Statutes 2023 Supplement, section 216C.09, is amended to read:
216C.09 COMMISSIONER DUTIES.
(a) The commissioner shall:
(1) manage the department as the central repository within the state government for the
collection of data on energy;
(2) prepare and adopt an emergency allocation plan specifying actions to be taken in the
event of an impending serious shortage of energy, or a threat to public health, safety, or
welfare;
(3) undertake a continuing assessment of trends in the consumption of all forms of energy
and analyze the social, economic, and environmental consequences of these trends;
(4) carry out energy deleted text begin conservationdeleted text end measures as specified by the legislature and recommend
to the governor and the legislature additional energy policies and conservation measures as
required to meet the objectives of deleted text begin sections 216C.05 to 216C.30 and 216C.375deleted text end new text begin this chapternew text end ;
(5) collect and analyze data relating to present and future demands and resources for all
sources of energy;
(6) evaluate policies governing the establishment of rates and prices for energy as related
to energy conservation, and other goals and policies of deleted text begin sections 216C.05 to 216C.30 and
216C.375deleted text end new text begin this chapternew text end , and make recommendations for changes in energy pricing policies
and rate schedules;
(7) study the impact and relationship of the state energy policies to international, national,
and regional energy policies;
(8) design and implement a state program for the conservation of energy; this program
shall include but not be limited to, general commercial, industrial, and residential, and
transportation areas; such program shall also provide for the evaluation of energy systems
as they relate to lighting, heating, refrigeration, air conditioning, building design and
operation, and appliance manufacturing and operation;
(9) inform and educate the public about the sources and uses of energy and the ways in
which persons can conserve energy;
(10) dispense funds made available for the purpose of research studies and projects of
professional and civic orientation, which are related to either energy conservation, resource
recovery, or the development of alternative energy technologies which conserve
nonrenewable energy resources while creating minimum environmental impact;
(11) charge other governmental departments and agencies involved in energy-related
activities with specific information gathering goals and require that those goals be met;
(12) design a comprehensive program for the development of indigenous energy
resources. The program shall include, but not be limited to, providing technical,
informational, educational, and financial services and materials to persons, businesses,
municipalities, and organizations involved in the development of solar, wind, hydropower,
peat, fiber fuels, biomass, and other alternative energy resources. The program shall be
evaluated by the alternative energy technical activity; and
(13) dispense loans, grants, or other financial aid from money received from litigation
or settlement of alleged violations of federal petroleum-pricing regulations made available
to the department for that purpose.
(b) Further, the commissioner may participate fully in hearings before the Public Utilities
Commission on matters pertaining to rate design, cost allocation, efficient resource utilization,
utility conservation investments, small power production, cogeneration, and other rate issues.
The commissioner shall support the policies stated in section 216C.05 and shall prepare
and defend testimony proposed to encourage energy conservation improvements as defined
in section 216B.241.
Sec. 16.
Minnesota Statutes 2022, section 216C.10, is amended to read:
216C.10 COMMISSIONER POWERS.
(a) The commissioner may:
(1) adopt rules under chapter 14 as necessary to carry out the purposes of deleted text begin sections
216C.05 to 216C.30deleted text end new text begin this chapternew text end ;
(2) make all contracts under deleted text begin sections 216C.05 to 216C.30deleted text end new text begin this chapternew text end and do all things
necessary to cooperate with the United States government, and to qualify for, accept, and
disburse any grant intended deleted text begin for the administration of sections 216C.05 to 216C.30deleted text end new text begin to
administer this chapternew text end ;
(3) provide on-site technical assistance to units of local government in order to enhance
local capabilities for dealing with energy problems;
(4) administer for the state, energy programs under federal law, regulations, or guidelines,
and coordinate the programs and activities with other state agencies, units of local
government, and educational institutions;
(5) develop a state energy investment plan with yearly energy conservation and alternative
energy development goals, investment targets, and marketing strategies;
(6) perform market analysis studies relating to conservation, alternative and renewable
energy resources, and energy recovery;
(7) assist with the preparation of proposals for innovative conservation, renewable,
alternative, or energy recovery projects;
(8) manage and disburse funds made available for the purpose of research studies or
demonstration projects related to energy conservation or other activities deemed appropriate
by the commissioner;
(9) intervene in certificate of need proceedings before the Public Utilities Commission;
(10) collect fees from recipients of loans, grants, or other financial aid from money
received from litigation or settlement of alleged violations of federal petroleum-pricing
regulations, which fees must be used to pay the department's costs in administering those
financial aids; and
(11) collect fees from proposers and operators of conservation and other energy-related
programs that are reviewed, evaluated, or approved by the department, other than proposers
that are political subdivisions or community or nonprofit organizations, to cover the
department's cost in making the reviewal, evaluation, or approval and in developing additional
programs for others to operate.
(b) Notwithstanding any other law, the commissioner is designated the state agent to
apply for, receive, and accept federal or other funds made available to the state for the
purposes of deleted text begin sections 216C.05 to 216C.30deleted text end new text begin this chapternew text end .
Sec. 17.
Minnesota Statutes 2023 Supplement, section 216C.331, subdivision 1, is amended
to read:
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms have
the meanings given.
(b) "Aggregated customer energy use data" means customer energy use data that is
combined into one collective data point per time interval. Aggregated customer energy use
data is data with any unique identifiers or other personal information removed that a
qualifying utility collects and aggregates in at least monthly intervals for an entire building
on a covered property.
(c) "Benchmark" means to electronically input into a benchmarking tool deleted text begin the totaldeleted text end new text begin whole
buildingnew text end energy use data and other descriptive information about a building that is required
by a benchmarking tool.
(d) "Benchmarking information" means data related to a building's energy use generated
by a benchmarking tool, and other information about the building's physical and operational
characteristics. Benchmarking information includes but is not limited to the building's:
(1) address;
(2) owner and, if applicable, the building manager responsible for operating the building's
physical systems;
(3) total floor area, expressed in square feet;
(4) energy use intensity;
(5) greenhouse gas emissions; and
(6) energy performance score comparing the building's energy use with that of similar
buildings.
(e) "Benchmarking tool" means the United States Environmental Protection Agency's
Energy Star Portfolio Manager tool or an equivalent tool determined by the commissioner.
(f) "Covered property" means any property that is served by an investor-owned utility
in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County, or in any city
outside the metropolitan area with a population of over 50,000 residentsnew text begin , as determined by
the Minnesota State Demographic Center,new text end served by a municipal energy utility or
investor-owned utility, and that has one or more buildings containing in sum 50,000 gross
square feet or greater. Covered property does not include:
(1) a residential property containing fewer than five dwelling units;
(2) a property that is: (i) classified as manufacturing under the North American Industrial
Classification System; (ii) an energy-intensive trade-exposed customer, as defined in section
216B.1696; (iii) an electric power generation facility; (iv) a mining facility; or (v) an
industrial building otherwise incompatible with benchmarking in the benchmarking tool,
as determined by the commissioner;
(3) an agricultural building;
(4) a multitenant building that is served by a utility that deleted text begin cannot supplydeleted text end new text begin is not supplyingnew text end
aggregated customer usage datanew text begin under subdivision 8 or is not using a customer usage data
aggregation program to supply aggregated customer usage data to the benchmarking toolnew text end ;
or
(5) other property types that do not meet the purposes of this section, as determined by
the commissioner.
(g) "Customer energy use data" means data collected from utility customer meters that
reflect the quantity, quality, or timing of customers' energy use.
(h) "Energy" means electricity, natural gas, steam, or another product used to: (1) provide
heating, cooling, lighting, or water heating; or (2) power other end uses in a building.
(i) "Energy performance score" means a numerical value from one to 100 that the Energy
Star Portfolio Manager tool calculates to rate a building's energy efficiency against that of
comparable buildings nationwide.
(j) "Energy Star Portfolio Manager" means an interactive resource management tool
developed by the United States Environmental Protection Agency that (1) enables the
periodic entry of a building's energy use data and other descriptive information about a
building, and (2) rates a building's energy efficiency against that of comparable buildings
nationwide.
(k) "Energy use intensity" means the total annual energy consumed in a building divided
by the building's total floor area.
(l) "Financial distress" means a covered property that, at the time benchmarking is
conducted:
(1) is the subject of a qualified tax lien sale or public auction due to property tax
arrearages;
(2) is controlled by a court-appointed receiver based on financial distress;
(3) is owned by a financial institution through default by the borrower;
(4) has been acquired by deed in lieu of foreclosure; or
(5) has a senior mortgage that is subject to a notice of default.
(m) "Local government" means a statutory or home rule municipality or county.
(n) "Owner" means:
(1) an individual or entity that possesses title to a covered property; or
(2) an agent authorized to act on behalf of the covered property owner.
(o) "Qualifying utility" means deleted text begin a utility serving the covered property, includingdeleted text end :
(1) an electric or gas utility, including:
(i) an investor-owned electric or gas utilitynew text begin serving customers in Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, or Washington County, or in any city outside the metropolitan
area with a population of over 50,000 residents, as determined by the Minnesota State
Demographic Center, and serving properties with one or more buildings containing in sum
50,000 gross square feet or greaternew text end ; or
(ii) a municipally owned electric or gas utilitynew text begin serving customers in any city with a
population of over 50,000 residents, as determined by the Minnesota State Demographic
Center, and serving properties with one or more buildings containing in sum 50,000 gross
square feet or greaternew text end ;
(2) a natural gas supplier with five or more active commercial connections, accounts,
or customers in the statenew text begin and serving customers in Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, or Washington County, or in any city outside the metropolitan area with a
population of over 50,000 residents, as determined by the Minnesota State Demographic
Center, and serving properties with one or more buildings containing in sum 50,000 gross
square feet or greaternew text end ; or
(3) a district steam, hot water, or chilled water providernew text begin serving customers in Anoka,
Carver, Dakota, Hennepin, Ramsey, Scott, or Washington County, or in any city outside
the metropolitan area with a population of over 50,000 residents, as determined by the
Minnesota State Demographic Center, and serving properties with one or more buildings
containing in sum 50,000 gross square feet or greaternew text end .
(p) "Tenant" means a person that occupies or holds possession of a building or part of
a building or premises pursuant to a lease agreement.
(q) "Total floor area" means the sum of gross square footage inside a building's envelope,
measured between the outside exterior walls of the building. Total floor area includes covered
parking structures.
(r) "Utility customer" means the building owner or tenant listed on the utility's records
as the customer liable for payment of the utility service or additional charges assessed on
the utility account.
new text begin
(s) "Whole building energy use data" means all energy consumed in a building, whether
purchased from a third party or generated at the building site or from any other source.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18.
Minnesota Statutes 2022, section 216C.435, subdivision 3a, is amended to read:
Subd. 3a.
deleted text begin Cost-effectivedeleted text end Energy improvements.
"deleted text begin Cost-effectivedeleted text end Energy improvements"
means:
(1) any new construction, renovation, or retrofitting of qualifying commercial real
property to improve energy efficiency thatnew text begin : (i)new text end is permanently affixed to the propertydeleted text begin ,deleted text end new text begin ; and
(ii)new text end results in a net reduction in energy consumption deleted text begin without altering the principal source
of energy, and has been identifieddeleted text end new text begin or greenhouse gas emissions, as documentednew text end in an energy
audit deleted text begin as repaying the purchase and installation costs in 20 years or less,deleted text end based on the amount
of future energy saved deleted text begin and estimated future energy pricesdeleted text end new text begin or emissions avoidednew text end ;
(2) any renovation or retrofitting of qualifying residential real property that is permanently
affixed to the property and is eligible to receive an incentive through a program offered by
the electric or natural gas utility that provides service under section 216B.241 to the property
or is otherwise determined to be deleted text begin a cost-effectivedeleted text end new text begin an eligiblenew text end energy improvement by the
commissioner under section 216B.241, subdivision 1d, paragraph (a);
(3) permanent installation of new or upgraded electrical circuits and related equipment
to enable electrical vehicle charging; or
(4) a solar voltaic or solar thermal energy system attached to, installed within, or
proximate to a building that generates electrical or thermal energy from a renewable energy
source that has been deleted text begin identifieddeleted text end new text begin documentednew text end in an energy audit or renewable energy system
feasibility study deleted text begin as repaying their purchase and installation costs in 20 years or less, based
on the amount of future energy saved and estimated future energy pricesdeleted text end new text begin , along with the
estimated amount of related renewable energy productionnew text end .
Sec. 19.
Minnesota Statutes 2022, section 216C.435, subdivision 3b, is amended to read:
Subd. 3b.
Commercial PACE loan contractor.
"Commercial PACE loan contractor"
means a person or entity that installs deleted text begin cost-effective energydeleted text end new text begin eligiblenew text end improvements financed
under a commercial PACE loan program.
Sec. 20.
Minnesota Statutes 2022, section 216C.435, is amended by adding a subdivision
to read:
new text begin Subd. 3e. new text end
new text begin Eligible improvement. new text end
new text begin
"Eligible improvement" means one or more energy
improvements, resiliency improvements, or water improvements made to qualifying real
property.
new text end
Sec. 21.
Minnesota Statutes 2022, section 216C.435, subdivision 4, is amended to read:
Subd. 4.
Energy audit.
"Energy audit" means a formal evaluation of the energy
consumption of a building by a certified energy auditor, whose certification is approved by
the commissioner, for the purpose of identifying appropriate energy improvements that
could be made to the building and including an estimate of the deleted text begin length of time a specific
energy improvement will take to repay its purchase and installation costs, based on the
amount of energy saved and estimated future energy pricesdeleted text end new text begin effective useful life, the reduction
of energy consumption, and the related avoided greenhouse gas emissions resulting from
the proposed eligible improvementsnew text end .
Sec. 22.
Minnesota Statutes 2023 Supplement, section 216C.435, subdivision 8, is amended
to read:
Subd. 8.
Qualifying commercial real property.
"Qualifying commercial real property"
means a multifamily residential dwelling, a commercial or industrial building, or farmland,
as defined in section 216C.436, subdivision 1b, that the implementing entity has determined,
after review of an energy audit, renewable energy system feasibility study, new text begin water
improvement study, resiliency improvement study, new text end or agronomic assessment, as defined in
section 216C.436, subdivision 1b, can benefit from deleted text begin the installation of cost-effective energydeleted text end new text begin
installing eligiblenew text end improvements or land and water improvements, as defined in section
216C.436, subdivision 1b. Qualifying commercial real property includes new construction.
Sec. 23.
Minnesota Statutes 2022, section 216C.435, subdivision 10, is amended to read:
Subd. 10.
Renewable energy system feasibility study.
"Renewable energy system
feasibility study" means a written study, conducted by a contractor trained to perform that
analysis, for the purpose of determining the feasibility of installing a renewable energy
system in a building, including an estimate of the deleted text begin length of time a specificdeleted text end new text begin effective useful
life, the production of renewable energy, and any related avoided greenhouse gas emissions
of the proposednew text end renewable energy system deleted text begin will take to repay its purchase and installation
costs, based on the amount of energy saved and estimated future energy prices. For a
geothermal energy improvement, the feasibility study must calculate net savings in terms
of nongeothermal energy and costsdeleted text end .
Sec. 24.
Minnesota Statutes 2022, section 216C.435, is amended by adding a subdivision
to read:
new text begin Subd. 11a. new text end
new text begin Resiliency improvement. new text end
new text begin
"Resiliency improvement" means one or more
installations or modifications to eligible commercial real property that are designed to
improve a property's resiliency by improving the eligible real property's:
new text end
new text begin
(1) structural integrity for seismic events;
new text end
new text begin
(2) indoor air quality;
new text end
new text begin
(3) durability to resist wind, fire, and flooding;
new text end
new text begin
(4) ability to withstand an electric power outage;
new text end
new text begin
(5) stormwater control measures, including structural and nonstructural measures to
mitigate stormwater runoff;
new text end
new text begin
(6) ability to mitigate the impacts of extreme temperatures; or
new text end
new text begin
(7) ability to mitigate greenhouse gas embodied emissions from the eligible real property.
new text end
Sec. 25.
Minnesota Statutes 2022, section 216C.435, is amended by adding a subdivision
to read:
new text begin Subd. 11b. new text end
new text begin Resiliency improvement feasibility study. new text end
new text begin
"Resiliency improvement
feasibility study" means a written study that is conducted by a contractor trained to perform
the analysis to:
new text end
new text begin
(1) determine the feasibility of installing a resiliency improvement;
new text end
new text begin
(2) document the improved resiliency capabilities of the property; and
new text end
new text begin
(3) estimate the effective useful life of the proposed resiliency improvements.
new text end
Sec. 26.
Minnesota Statutes 2022, section 216C.435, is amended by adding a subdivision
to read:
new text begin Subd. 14. new text end
new text begin Water improvement. new text end
new text begin
"Water improvement" means one or more installations
or modifications to qualifying commercial real property that are designed to improve water
efficiency or water quality by:
new text end
new text begin
(1) reducing water consumption;
new text end
new text begin
(2) improving the quality, potability, or safety of water for the qualifying property; or
new text end
new text begin
(3) conserving or remediating water, in whole or in part, on qualifying real property.
new text end
Sec. 27.
Minnesota Statutes 2022, section 216C.435, is amended by adding a subdivision
to read:
new text begin Subd. 15. new text end
new text begin Water improvement feasibility study. new text end
new text begin
"Water improvement feasibility study"
means a written study that is conducted by a contractor trained to perform the analysis to:
new text end
new text begin
(1) determine the appropriate water improvements that could be made to the building;
and
new text end
new text begin
(2) estimate the effective useful life, the reduction of water consumption, and any
improvement in water quality resulting from the proposed water improvements.
new text end
Sec. 28.
Minnesota Statutes 2022, section 216C.436, subdivision 1, is amended to read:
Subdivision 1.
Program purpose and authority.
An implementing entity may establish
a commercial PACE loan program to finance deleted text begin cost-effectivedeleted text end energynew text begin , water, and resiliencynew text end
improvements to enable owners of qualifying commercial real property to pay for deleted text begin the
cost-effective energydeleted text end new text begin eligiblenew text end improvements to the qualifying real property with the net
proceeds and interest earnings of revenue bonds authorized in this section. An implementing
entity may limit the number of qualifying commercial real properties for which a property
owner may receive program financing.
Sec. 29.
Minnesota Statutes 2023 Supplement, section 216C.436, subdivision 1b, is
amended to read:
Subd. 1b.
Definitions.
(a) For the purposes of this section, the following terms have the
meanings given.
(b) "Agronomic assessment" means a study by an independent third party that assesses
the environmental impacts of proposed land and water improvements on farmland.
(c) "Farmland" means land classified as 2a, 2b, or 2c for property tax purposes under
section 273.13, subdivision 23.
(d) "Land and water improvement" means:
(1) an improvement to farmland that:
(i) is permanent;
(ii) results in improved agricultural profitability or resiliency;
(iii) reduces the environmental impact of agricultural production; and
(iv) if the improvement affects drainage, complies with the most recent versions of the
applicable following conservation practice standards issued by the United States Department
of Agriculture's Natural Resources Conservation Service: Drainage Water Management
(Code 554), Saturated Buffer (Code 604), Denitrifying Bioreactor (Code 605), and
Constructed Wetland (Code 656); or
(2) water conservation and quality measures, which include permanently affixed
equipment, appliances, or improvements that reduce a property's water consumption or that
enable water to be managed more efficiently.
(e) "Resiliency" meansnew text begin :
new text end
new text begin (1)new text end the ability of farmland to maintain and enhance profitability, soil health, and water
qualitydeleted text begin .deleted text end new text begin ;
new text end
new text begin
(2) the ability to mitigate greenhouse gas embodied emissions from an eligible real
property; or
new text end
new text begin
(3) an increase in building resilience through flood mitigation, stormwater management,
wildfire and wind resistance, energy storage use, or microgrid use.
new text end
Sec. 30.
Minnesota Statutes 2023 Supplement, section 216C.436, subdivision 2, is amended
to read:
Subd. 2.
Program requirements.
A commercial PACE loan program must:
(1) impose requirements and conditions on financing arrangements to ensure timely
repayment;
(2) require an energy audit, renewable energy system feasibility study,new text begin resiliency
improvement study, water improvement study,new text end or agronomic or soil health assessment to
be conducted on the qualifying commercial real property and reviewed by the implementing
entity prior to approval of the financing;
(3) require the inspectionnew text begin or verificationnew text end of all deleted text begin installations and a performance verification
of at least ten percent of the cost-effective energydeleted text end new text begin eligiblenew text end improvements or land and water
improvements financed by the program;
(4) not prohibit the financing of all deleted text begin cost-effective energydeleted text end new text begin eligiblenew text end improvements or land
and water improvements not otherwise prohibited by this section;
(5) require that all deleted text begin cost-effective energydeleted text end new text begin eligiblenew text end improvements or land and water
improvements be made to a qualifying commercial real property prior to, or in conjunction
with, an applicant's repayment of financing for deleted text begin cost-effective energydeleted text end new text begin eligiblenew text end improvements
or land and water improvements for deleted text begin thatdeleted text end new text begin the qualifying commercial realnew text end property;
(6) have deleted text begin cost-effective energydeleted text end new text begin eligiblenew text end improvements or land and water improvements
financed by the program performed by a licensed contractor as required by chapter 326B
or other law or ordinance;
(7) require disclosures in the loan document to borrowers by the implementing entity
of: (i) the risks involved in borrowing, including the risk of foreclosure if a tax delinquency
results from a default; and (ii) all the terms and conditions of the commercial PACE loan
and the installation of deleted text begin cost-effective energydeleted text end new text begin eligiblenew text end improvements or land and water
improvements, including the interest rate being charged on the loan;
(8) provide financing only to those who demonstrate an ability to repay;
(9) not provide financing for a qualifying commercial real property in which the owner
is not current on mortgage or real property tax payments;
(10) require a petition to the implementing entity by all owners of the qualifying
commercial real property requesting collections of repayments as a special assessment under
section 429.101;
(11) provide that payments and assessments are not accelerated due to a default and that
a tax delinquency exists only for assessments not paid when due;
(12) require that liability for special assessments related to the financing runs with the
qualifying commercial real property; and
(13) prior to financing any improvements to or imposing any assessment upon qualifying
commercial real property, require notice to and written consent from the mortgage lender
of any mortgage encumbering or otherwise secured by the qualifying commercial real
property.
Sec. 31.
Minnesota Statutes 2022, section 216C.436, subdivision 4, is amended to read:
Subd. 4.
Financing terms.
Financing provided under this section must have:
(1) a cost-weighted average maturity not exceeding the useful life of the deleted text begin energydeleted text end new text begin eligiblenew text end
improvements installed, as determined by the implementing entity, but in no event may a
term exceed deleted text begin 20deleted text end new text begin 30new text end years;
(2) a principal amount not to exceed the lesser of:
(i) the greater of deleted text begin 20deleted text end new text begin 30new text end percent of the assessed value of the real property on which the
improvements are to be installed or deleted text begin 20deleted text end new text begin 30new text end percent of the real property's appraised value,
accepted or approved by the mortgage lender; or
(ii) the actual cost of installing the deleted text begin energydeleted text end new text begin eligiblenew text end improvements, including the costs of
necessary equipment, materials, and labordeleted text begin ,deleted text end new text begin ;new text end the costs of each related energy audit deleted text begin ordeleted text end new text begin ,new text end
renewable energy system feasibility study, new text begin water improvement study, or resiliency
improvement study; new text end and the cost of verification of installation; and
(3) an interest rate sufficient to pay the financing costs of the program, including the
issuance of bonds and any financing delinquencies.
Sec. 32.
Minnesota Statutes 2022, section 216C.436, subdivision 7, is amended to read:
Subd. 7.
Repayment.
An implementing entity that finances an deleted text begin energydeleted text end new text begin eligiblenew text end
improvement under this section must:
(1) secure payment with a lien against the qualifying commercial real property; and
(2) collect repayments as a special assessment as provided for in section 429.101 or by
charter, provided that special assessments may be made payable in up to deleted text begin 20deleted text end new text begin 30new text end equal annual
installments.
If the implementing entity is an authority, the local government that authorized the
authority to act as implementing entity shall impose and collect special assessments necessary
to pay debt service on bonds issued by the implementing entity under subdivision 8, and
shall transfer all collections of the assessments upon receipt to the authority.
Sec. 33.
Minnesota Statutes 2022, section 216C.436, subdivision 8, is amended to read:
Subd. 8.
Bond issuance; repayment.
(a) An implementing entity may issue revenue
bonds as provided in chapter 475 for the purposes of this section and section 216C.437,
provided the revenue bond must not be payable more than deleted text begin 20deleted text end new text begin 30new text end years from the date of
issuance.
(b) The bonds must be payable as to both principal and interest solely from the revenues
from the assessments established in subdivision 7 and section 216C.437, subdivision 28.
(c) No holder of bonds issued under this subdivision may compel any exercise of the
taxing power of the implementing entity that issued the bonds to pay principal or interest
on the bonds, and if the implementing entity is an authority, no holder of the bonds may
compel any exercise of the taxing power of the local government. Bonds issued under this
subdivision are not a debt or obligation of the issuer or any local government that issued
them, nor is the payment of the bonds enforceable out of any money other than the revenue
pledged to the payment of the bonds.
Sec. 34.
Minnesota Statutes 2022, section 216C.436, subdivision 10, is amended to read:
Subd. 10.
Improvements; real property or fixture.
deleted text begin A cost-effective energydeleted text end new text begin An eligiblenew text end
improvement financed under a PACE loan program, including all equipment purchased in
whole or in part with loan proceeds under a loan program, is deemed real property or a
fixture attached to the real property.
APPENDIX
Repealed Minnesota Statutes: H4975-1
3.7371 COMPENSATION FOR CROP OR FENCE DAMAGE CAUSED BY ELK.
Subd. 7.
Rules.
The commissioner shall adopt rules and may amend rules to carry out this section. The commissioner may use the expedited rulemaking process in section 14.389 to adopt and amend rules authorized in this section. The rules must include:
(1) methods of valuation of crops damaged or destroyed;
(2) criteria for determination of the cause of the crop damage or destruction;
(3) notice requirements by the owner of the damaged or destroyed crop;
(4) compensation rates for fence damage or destruction that must not exceed $1,800 per claimant per fiscal year; and
(5) any other matters determined necessary by the commissioner to carry out this section.
34.07 BEVERAGE INSPECTION ACCOUNT; APPROPRIATION.
A beverage inspection account is created in the agricultural fund. All fees and fines collected under this chapter shall be credited to the beverage inspection account. Money in the account is appropriated to the commissioner for inspection and supervision under this chapter.
216E.08 PUBLIC PARTICIPATION.
Subdivision 1.
Advisory task force.
The commission may appoint one or more advisory task forces to assist it in carrying out its duties. Task forces appointed to evaluate sites or routes considered for designation shall be comprised of as many persons as may be designated by the commission, but at least one representative from each of the following: Regional development commissions, counties and municipal corporations and one town board member from each county in which a site or route is proposed to be located. No officer, agent, or employee of a utility shall serve on an advisory task force. Reimbursement for expenses incurred shall be made pursuant to the rules governing state employees. The task forces expire as provided in section 15.059, subdivision 6. At the time the task force is appointed, the commission shall specify the charge to the task force. The task force shall expire upon completion of its charge, upon designation by the commission of alternative sites or routes to be included in the environmental impact statement, or upon the specific date identified by the commission in the charge, whichever occurs first.
Subd. 4.
Scientific advisory task force.
The commission may appoint one or more advisory task forces composed of technical and scientific experts to conduct research and make recommendations concerning generic issues such as health and safety, underground routes, double circuiting and long-range route and site planning. Reimbursement for expenses incurred shall be made pursuant to the rules governing reimbursement of state employees. The task forces expire as provided in section 15.059, subdivision 6. The time allowed for completion of a specific site or route procedure may not be extended to await the outcome of these generic investigations.
216F.01 DEFINITIONS.
Subdivision 1.
Scope.
As used in this chapter, the terms defined in section 216E.01 and this section have the meanings given them, unless otherwise provided or indicated by the context or by this section.
216F.012 SIZE ELECTION.
(a) A wind energy conversion system of less than 25 megawatts of nameplate capacity as determined under section 216F.011 is a small wind energy conversion system if, by July 1, 2009, the owner so elects in writing and submits a completed application for zoning approval and the written election to the county or counties in which the project is proposed to be located. The owner must notify the Public Utilities Commission of the election at the time the owner submits the election to the county.
(b) Notwithstanding paragraph (a), a wind energy conversion system with a nameplate capacity exceeding five megawatts that is proposed to be located wholly or partially within a wind access buffer adjacent to state lands that are part of the outdoor recreation system, as enumerated in section 86A.05, is a large wind energy conversion system. The Department of Natural Resources shall negotiate in good faith with a system owner regarding siting and may support the system owner in seeking a variance from the system setback requirements if it determines that a variance is in the public interest.
216F.015 REQUIREMENTS CODED ELSEWHERE.
Requirements governing certain towers are established in section 360.915.
216F.03 SITING OF LWECS.
The legislature declares it to be the policy of the state to site LWECS in an orderly manner compatible with environmental preservation, sustainable development, and the efficient use of resources.
216F.04 SITE PERMIT.
(a) No person may construct an LWECS without a site permit issued by the Public Utilities Commission.
(b) Any person seeking to construct an LWECS shall submit an application to the commission for a site permit in accordance with this chapter and any rules adopted by the commission. The permitted site need not be contiguous land.
(c) The commission shall make a final decision on an application for a site permit for an LWECS within 180 days after acceptance of a complete application by the commission. The commission may extend this deadline for cause.
(d) The commission may place conditions in a permit and may deny, modify, suspend, or revoke a permit.
(e) The commission must require as a condition of permit issuance, including issuance of a modified permit for a repowering project, as defined in section 216B.243, subdivision 8, paragraph (b), that the recipient of a site permit to construct an LWECS with a nameplate capacity above 25,000 kilowatts, including all of the permit recipient's construction contractors and subcontractors on the project: (1) pay no less than the prevailing wage rate, as defined in section 177.42; and (2) be subject to the requirements and enforcement provisions under sections 177.27, 177.30, 177.32, 177.41 to 177.435, and 177.45.
Repealed Minnesota Rule: H4975-1
1506.0010 AUTHORITY.
Parts 1506.0010 to 1506.0040 are prescribed under Minnesota Statutes, section 3.7371, by the commissioner of agriculture to implement procedures to compensate agricultural crop owners for crops that are damaged or destroyed by elk. The procedures in parts 1506.0010 to 1506.0040 are in addition to those in Minnesota Statutes, section 3.7371.
1506.0015 DEFINITIONS.
Subp. 2.
Claim form.
"Claim form" means a form provided by the commissioner, to be completed by the crop owner and the county extension agent or federal crop adjuster, containing information upon which payment for a loss must be based.
Subp. 3.
Commissioner.
"Commissioner" means the commissioner of agriculture or the commissioner's authorized agent.
Subp. 4.
Crop owner.
"Crop owner" means an individual, firm, corporation, copartnership, or association with an interest in crops damaged or destroyed by elk.
Subp. 5.
County extension agent.
"County extension agent" means the University of Minnesota Agricultural Extension Service's county extension agent for the county in which the crop owner resides.
Subp. 6.
Federal crop adjuster.
"Federal crop adjuster" means a crop insurance adjuster having a contract with the Federal Crop Insurance Corporation.
Subp. 7.
Market price.
"Market price" means the commodity price published daily by the Minneapolis Grain Exchange in the daily record of prices and receipts.
Subp. 8.
Target price.
"Target price" means the federal commodity price available from the Agricultural Stabilization and Conservation Service office.
1506.0020 REPORTING.
The crop owner shall notify either the federal crop adjuster or the county extension agent of suspected crop loss or damage within 24 hours of the discovery of a loss. The crop owner shall also complete the appropriate part of the claim form which must be available at the county extension office. The crop owner shall provide all information required to investigate the loss or damage to the federal crop adjuster or the county extension agent. A telephone call or personal contact constitutes notification.
1506.0025 INVESTIGATION AND CROP VALUATION.
Subpart 1.
Whether damaged by elk.
The federal crop adjuster or the county extension agent shall investigate the loss in a timely manner and shall make a finding in writing on the appropriate part of the claim form regarding whether the crop was destroyed or damaged by elk. The finding must be based on physical and circumstantial evidence including:
E.
any other circumstances considered pertinent by the federal crop adjuster or the county extension agent.
The absence of affirmative evidence may be grounds for denial of a claim.
Subp. 2.
Extent of damage.
The federal crop adjuster or the county extension agent shall make a written finding on the claim form of the extent of damage or the amount of crop destroyed. The crop owner may choose to have the federal crop adjuster or county extension agent use the method in item A or B to complete the claim form and determine the amount of crop loss.
A.
To submit the claim form at the time the suspected elk damage is discovered, the federal crop adjuster or county extension agent must determine the potential yield, per acre, for the field and record this information on the form in the column labeled "normal yield" and the average yield, per acre, expected from the damaged acres and record this information on the form in the column labeled "average yield expected from damaged acres."
B.
To submit the claim form at the time the crop is harvested:
(1)
the crop owner shall report the loss to the federal crop adjuster or county extension agent within 24 hours of discovery, and the loss must be investigated by the federal crop adjuster or county extension agent in a timely manner;
(2)
the crop owner and federal crop adjuster or county extension agent shall complete the claim form at the time of the investigation, entering the percent of crop loss from damage in the column labeled "normal yield" and leaving the column labeled "average yield expected from damaged acres" blank; and
(3)
when the crop is harvested the federal crop adjuster or county extension agent shall enter the actual yield of the damaged field in the column labeled "average yield expected from damaged acres," enter the date in the same column, and submit the form to the commissioner.
1506.0030 COMPLETION AND SIGNING OF CLAIM FORM.
A completed claim form must be signed by the owner and county extension agent or the federal crop adjuster and submitted by the crop owner to the commissioner for review and payment. The commissioner shall return an incomplete claim form to the crop owner, indicating the information necessary for proper completion.
1506.0035 INSURANCE COVERAGE.
If insurance coverage exists on the crop, the commissioner shall withhold payment under parts 1506.0010 to 1506.0040 until the insurance claim has been paid and evidence of payment has been submitted to the commissioner, at which time that insurance payment must be deducted from the determined value. Payment must not be made for claims of less than $100 per claim or more than $20,000 in a calendar year.
1506.0040 PAYMENT.
After procedures in parts 1506.0020 to 1506.0035 are completed, the commissioner shall make payment to the crop owners.
7850.2400 CITIZEN ADVISORY TASK FORCE.
Subpart 1.
Authority.
The commission has the authority to appoint a citizen advisory task force. The commission shall determine whether to appoint such a task force as early in the process as possible. The commission shall establish the size of the task force and appoint its members in accordance with Minnesota Statutes, section 216E.08. The commission shall advise of the appointment of the task force at the next monthly commission meeting.
Subp. 2.
Commission decision.
If the commission decides not to appoint a citizen advisory task force and a person would like such a task force appointed, the person may request that the commission create a citizen advisory task force and appoint its members. Upon receipt of such a request, the commission shall place the matter on the agenda for the next regular monthly commission meeting.
Subp. 3.
Task force responsibilities.
Upon appointment of a citizen advisory task force, the commission shall specify in writing the charge to the task force. The charge shall include the identification of additional sites or routes or particular impacts to be evaluated in the environmental impact statement. The commission may establish additional charges, including a request that the task force express a preference for a specific site or route if it has one.
Subp. 4.
Termination of task force.
The task force expires upon completion of its charge, designation by the commission of alternative sites or routes to be included in the environmental impact statement, or the specific date identified by the commission in the charge, whichever occurs first.
7850.3600 CITIZEN ADVISORY TASK FORCE.
Part 7850.2400, regarding the appointment of a citizen advisory task force, applies to projects being considered under the alternative permitting process.