Minnesota Legislature
HF 2202
as introduced - 90th Legislature (2017 - 2018) Posted on 03/07/2017 12:57pm
Current Version - as introduced
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A bill for an act
relating to energy; requiring electric vehicle charging tariffs; establishing a highway
user surcharge; amending Minnesota Statutes 2016, sections 216B.1614, subdivision
2, by adding subdivisions; 297A.61, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2016, section 216B.1614, subdivision 2, is amended to read:
Subd. 2.
Required tariff.
(a) By February 1, deleted text begin 2015deleted text end new text begin 2018new text end , each public utility selling
electricity at retail must file with the commission a tariff that deleted text begin allows a customer todeleted text end new text begin applies
to thenew text end purchasenew text begin ofnew text end electricitynew text begin madenew text end solely for the purpose of recharging an electric vehicle.
The tariff must:
(1) contain either a time-of-day or off-peak rate, as elected by the public utility;
(2) offer a customer the option to purchase electricity:
(i) from the utility's current mix of energy supply sources; or
(ii) entirely from renewable energy sources, subject to the conditions established under
section 216B.169, subdivision 2, paragraph (b), and subdivision 3, paragraph (a); deleted text begin and
deleted text end
(3) new text begin contain the additional highway user surcharge most recently calculated by the
commission under subdivision 4; and
new text end
new text begin (4) new text end deleted text begin be made available to the residentialdeleted text end new text begin apply to allnew text end customer deleted text begin classdeleted text end new text begin classesnew text end .
(b) deleted text begin The public utility may, at its discretion, offer the tariff to other customer classes.
deleted text end
deleted text begin (c)deleted text end The commission shall, after notice and opportunity for public comment, approve,
modify, or reject the tariff. The commission may approve the tariff if the public utility has
demonstrated that the tariff:
(1) appropriately reflects off-peak versus peak cost differences in the rate charged;
(2) includes a mechanism to allow the recovery of costs reasonably necessary to comply
with this section, including costs to inform and educate customers about the financial, energy
conservation, and environmental benefits of electric vehicles and to publicly advertise and
promote participation in the customer-optional tariff;
(3) provides for clear and transparent customer billing statementsnew text begin ,new text end includingdeleted text begin ,deleted text end but not
limited todeleted text begin ,deleted text end the amount of energy consumed under the tariffnew text begin and the amount due to the highway
user surchargenew text end ; and
(4) incorporates the cost of metering or submetering within the rate charged to the
customer.
deleted text begin (d)deleted text end new text begin (c)new text end Within 60 days of commission approval of a public utility's tariff filed under this
section, the public utility deleted text begin shall makedeleted text end new text begin must establishnew text end the tariff deleted text begin available to customersdeleted text end .
deleted text begin (e)deleted text end new text begin (d)new text end The utility may at any time propose revisions to a tariff deleted text begin filed under this subdivisiondeleted text end
based on changing costs or conditions.
Sec. 2.
Minnesota Statutes 2016, section 216B.1614, is amended by adding a subdivision
to read:
new text begin Subd. 2a. new text end
new text begin Tariff; other utilities. new text end
new text begin
By February 1, 2018, each municipal utility selling
electricity at retail and each cooperative electric association must file with the commission
a tariff that is reasonably similar to tariffs approved by the commission under subdivision
2. Subdivision 2, paragraphs (b) to (d), and subdivision 3, apply to a tariff filed under this
subdivision.
new text end
Sec. 3.
Minnesota Statutes 2016, section 216B.1614, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Highway user surcharge; calculation. new text end
new text begin
(a) By December 1 each odd-numbered
year, the commission, in consultation with the commissioners of public safety and
transportation, must calculate and specify a highway user surcharge to be added to tariffs
required under subdivisions 2 and 2a. The surcharge under this subdivision must be expressed
on a per kilowatt hour basis. The surcharge amount must be set so that the total annual
revenue from the surcharge equals a reasonable estimate of the annual reduction in motor
fuels taxes revenue under chapter 296A resulting from the operation of electric vehicles in
Minnesota.
new text end
new text begin
(b) Each public utility and cooperative electric association must provide the commissioner
of transportation with the amounts respectively collected under the highway user surcharge
on a quarterly basis. Funds received by the commissioner of transportation under this
paragraph must be deposited in the highway user tax distribution fund.
new text end
Sec. 4.
Minnesota Statutes 2016, section 297A.61, subdivision 7, is amended to read:
Subd. 7.
Sales price.
(a) "Sales price" means the measure subject to sales tax, and means
the total amount of consideration, including cash, credit, personal property, and services,
for which personal property or services are sold, leased, or rented, valued in money, whether
received in money or otherwise, without any deduction for the following:
(1) the seller's cost of the property sold;
(2) the cost of materials used, labor or service cost, interest, losses, all costs of
transportation to the seller, all taxes imposed on the seller, and any other expenses of the
seller;
(3) charges by the seller for any services necessary to complete the sale, other than
delivery and installation charges;
(4) delivery charges, except the percentage of the delivery charge allocated to delivery
of tax exempt property, when the delivery charge is allocated by using either (i) a percentage
based on the total sales price of the taxable property compared to the total sales price of all
property in the shipment, or (ii) a percentage based on the total weight of the taxable property
compared to the total weight of all property in the shipment; and
(5) installation charges.
(b) Sales price does not include:
(1) discounts, including cash, terms, or coupons, that are not reimbursed by a third party
and that are allowed by the seller and taken by a purchaser on a sale;
(2) interest, financing, and carrying charges from credit extended on the sale of personal
property or services, if the amount is separately stated on the invoice, bill of sale, or similar
document given to the purchaser; and
(3) any taxes legally imposed directly on the consumer that are separately stated on the
invoice, bill of sale, or similar document given to the purchasernew text begin , including a highway user
surcharge under section 216B.1614new text end .
(c) Sales price includes consideration received by the seller from third parties if:
(1) the seller actually receives consideration from a party other than the purchaser and
the consideration is directly related to a price reduction or discount on the sale;
(2) the seller has an obligation to pass the price reduction or discount through to the
purchaser;
(3) the amount of the consideration attributable to the sale is fixed and determinable by
the seller at the time of the sale of the item to the purchaser; and
(4) one of the following criteria is met:
(i) the purchaser presents a coupon, certificate, or other documentation to the seller to
claim a price reduction or discount when the coupon, certificate, or documentation is
authorized, distributed, or granted by a third party with the understanding that the third party
will reimburse any seller to whom the coupon, certificate, or documentation is presented;
(ii) the purchaser identifies himself or herself to the seller as a member of a group or
organization entitled to a price reduction or discount. A "preferred customer" card that is
available to any customer does not constitute membership in such a group; or
(iii) the price reduction or discount is identified as a third-party price reduction or discount
on the invoice received by the purchaser or on a coupon, certificate, or other documentation
presented by the purchaser.