1.1 	A bill for an act
1.2 	relating to energy; requiring filing of certain information in power purchase 
1.3 	agreements with Public Utilities Commission; requiring utilities to offer 
1.4 	customers option to request energy from local wind projects; requiring certain 
1.5 	utilities to purchase energy from small wind projects;amending Minnesota 
1.6 	Statutes 2010, sections 216B.05, subdivision 3, by adding a subdivision; 
1.7 	216B.169, by adding a subdivision; proposing coding for new law in Minnesota 
1.8 	Statutes, chapter 216B.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2010, section 216B.05, is amended by adding a 
1.11 	subdivision to read:
1.12 		Subd. 2b.Power purchase agreements. (a) Each public utility shall file with the 
1.13 	commission the price, duration, and any terms and conditions that affect the price of each 
1.14 	power purchase agreement approved by the commission. The filing of information from 
1.15 	a power purchase agreement must be made within 30 days of the date of execution of 
1.16 	the agreement.
1.17 	(b) Notwithstanding section 13.37, subdivision 2, the information required to be filed 
1.18 	under paragraph (a) is classified as public data.
1.19 	(c) Notwithstanding section 325C.01, subdivision 3, the commission's treatment 
1.20 	of the information required to be filed under paragraph (a) as public data is not 
1.21 	misappropriation of a trade secret.

1.22 	EFFECTIVE DATE. This section is effective the day following final enactment.

1.23 	Sec. 2. Minnesota Statutes 2010, section 216B.05, subdivision 3, is amended to read:
2.1 		Subd. 3.Public inspection. Every public utility shall keep copies of the filings 
2.2 	under subdivisions 1, 2, and 2a, and 2b open to public inspection under rules as the 
2.3 	commission may prescribe.

2.4 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.5 	Sec. 3. Minnesota Statutes 2010, section 216B.169, is amended by adding a 
2.6 	subdivision to read:
2.7 		Subd. 2a.Local wind energy rate option. (a) Each utility shall offer its customers 
2.8 	one or more options allowing a customer to determine that a certain amount of electricity 
2.9 	generated or purchased on the customer's behalf is from wind energy conversion systems 
2.10 	that meet the following criteria:
2.11 	(1) have a nameplate capacity of 25 megawatts or less, as determined by the 
2.12 	commissioner of commerce;
2.13 	(2) are owned by Minnesota residents individually or as members of a Minnesota 
2.14 	limited liability company organized under chapter 322B and formed for the purpose of 
2.15 	developing the wind energy conversion system project;
2.16 	(3) the term of a power purchase agreement extends at least 20 years; and
2.17 	(4) the wind energy conversion system is located entirely within Minnesota.
2.18 	(b) Each utility shall file a plan with the commission by October 1, 2011, to 
2.19 	implement paragraph (a).
2.20 	(c) Each utility offering a rate under this subdivision shall advertise the offer with 
2.21 	each billing to customers.
2.22 	(d) Rates charged to customers for energy acquired under this subdivision must be 
2.23 	calculated using the utility's cost of acquiring the energy for the customer and must be 
2.24 	distributed on a per-kilowatt hour basis among all customers who choose to participate 
2.25 	in the program.

2.26 	EFFECTIVE DATE. This section is effective the day following final enactment.

2.27 	Sec. 4. [216B.2427] REQUIRED WIND PURCHASES.
2.28 	Before December 31, 2012, or the date for completing construction of the 
2.29 	345-kilovolt transmission line extending from St. Cloud to Moorhead, Minnesota, 
2.30 	whichever is earlier, the utilities that own the transmission line shall sign purchase power 
2.31 	agreements that collectively commit the utilities to purchase at least 350 megawatts of 
2.32 	nameplate capacity of wind energy conversion system projects that meet the conditions 
3.1 	established in section 216B.169, subdivision 2a, paragraph (a), and, in addition, are 
3.2 	located within 75 miles of the transmission line.

3.3 	EFFECTIVE DATE. This section is effective the day following final enactment.