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HF 1505

as introduced - 89th Legislature (2015 - 2016) Posted on 03/05/2015 02:12pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to energy; amending the state greenhouse gas emissions goals; amending
Minnesota Statutes 2014, sections 3.8851, subdivision 3; 116J.437, subdivision
1; 216B.2422, subdivisions 2c, 4; 216H.02, subdivision 1; 216H.021, subdivision
1; 216H.07; repealing Minnesota Statutes 2014, section 216H.02, subdivisions
2, 3, 4, 5, 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 3.8851, subdivision 3, is amended to read:


Subd. 3.

Duties.

(a) The commission shall continuously evaluate the energy policies
of this state and the degree to which they promote an environmentally and economically
sustainable energy future. The commission shall monitor the state's progress in achieving
its goals to develop renewable sources of electric energy under section 216B.1691,
subdivision 2a
, and the progress of energy-related sectors in reducing greenhouse gas
emissions under the state's greenhouse gas emissions-reductions deleted text begin goalsdeleted text end new text begin goalnew text end established in
section 216H.02, subdivision 1. The commission may review proposed energy legislation
and may recommend legislation. The commission shall when feasible solicit and consider
public testimony regarding the economic, environmental, and social implications of state
energy plans and policies. Notwithstanding any other law to the contrary the commission's
evaluations and reviews under this subdivision shall include new and existing technologies
for nuclear power.

(b) The commission may study, analyze, hold hearings, and make legislative
recommendations regarding the following issues:

(1) the generation, transmission, and distribution of electricity;

(2) the reduction of greenhouse gas emissions;

(3) the conservation of energy;

(4) alternative energy sources available to replace dwindling fossil fuel and other
nonrenewable fuel sources;

(5) the development of renewable energy supplies;

(6) the economic development potential associated with issues described in clauses
(1) to (5); and

(7) other energy-related subjects the commission finds significant.

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 2014, section 116J.437, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) For the purpose of this section, the following terms
have the meanings given.

(b) "Green economy" means products, processes, methods, technologies, or services
intended to do one or more of the following:

(1) increase the use of energy from renewable sources, including through achieving
the renewable energy standard established in section 216B.1691;

(2) achieve the statewide energy-savings goal established in section 216B.2401,
including energy savings achieved by the conservation investment program under section
216B.241;

(3) achieve the greenhouse gas emission reduction deleted text begin goalsdeleted text end new text begin goalnew text end of section 216H.02,
subdivision 1, including through reduction of greenhouse gas emissions, as defined in
section 216H.01, subdivision 2, or mitigation of the greenhouse gas emissions through,
but not limited to, carbon capture, storage, or sequestration;

(4) monitor, protect, restore, and preserve the quality of surface waters, including
actions to further the purposes of the Clean Water Legacy Act as provided in section
114D.10, subdivision 1;

(5) expand the use of biofuels, including by expanding the feasibility or reducing the
cost of producing biofuels or the types of equipment, machinery, and vehicles that can
use biofuels, including activities to achieve the petroleum replacement goal in section
239.7911; or

(6) increase the use of green chemistry, as defined in section 116.9401.

For the purpose of clause (3), "green economy" includes strategies that reduce carbon
emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
transit or otherwise reducing commuting for employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2014, section 216B.2422, subdivision 2c, is amended to read:


Subd. 2c.

Long-range emission reduction planning.

Each utility required to file a
resource plan under subdivision 2 shall include in the filing a narrative identifying and
describing the costs, opportunities, and technical barriers to the utility continuing to make
progress on its system toward achieving the state greenhouse gas emission reduction deleted text begin goalsdeleted text end new text begin
goal
new text end established in section 216H.02, subdivision 1, and the technologies, alternatives, and
steps the utility is considering to address those opportunities and barriers.

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 2014, section 216B.2422, subdivision 4, is amended to read:


Subd. 4.

Preference for renewable energy facility.

The commission shall not
approve a new or refurbished nonrenewable energy facility in an integrated resource
plan or a certificate of need, pursuant to section 216B.243, nor shall the commission
allow rate recovery pursuant to section 216B.16 for such a nonrenewable energy facility,
unless the utility has demonstrated that a renewable energy facility is not in the public
interest. The public interest determination must include whether the resource plan helps
the utility achieve the greenhouse gas reduction deleted text begin goalsdeleted text end new text begin goalnew text end under section 216H.02, the
renewable energy standard under section 216B.1691, or the solar energy standard under
section 216B.1691, subdivision 2f.

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 2014, section 216H.02, subdivision 1, is amended to read:


Subdivision 1.

Greenhouse gas emissions-reduction goal.

It is the goal of the state
to reduce statewide greenhouse gas emissions deleted text begin across all sectors producing those emissions
to a level at least 15 percent below 2005 levels by 2015, to a level at least 30 percent below
2005 levels by 2025, and to a level at least 80 percent below 2005 levels by 2050. The levels
shall be reviewed based on the climate change action plan study
deleted text end new text begin in an affordable mannernew 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. 6.

Minnesota Statutes 2014, section 216H.021, subdivision 1, is amended to read:


Subdivision 1.

Commissioner to establish reporting system and maintain
inventory.

In order to measure the progress in meeting the deleted text begin goalsdeleted text end new text begin goalnew text end of section 216H.02,
subdivision 1, and to provide information to develop strategies to achieve those goals,
the commissioner of the Pollution Control Agency shall establish a system for reporting
and maintaining an inventory of greenhouse gas emissions. The commissioner must
consult with the chief information officer of the Office of MN.IT Services about system
design and operation. Greenhouse gas emissions include those emissions described in
section 216H.01, subdivision 2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2014, section 216H.07, is amended to read:


216H.07 EMISSIONS-REDUCTION ATTAINMENT; POLICY
DEVELOPMENT PROCESS.

Subdivision 1.

Definition.

For the purpose of this section, "reductions" means the
greenhouse gas emissions-reductions deleted text begin goalsdeleted text end new text begin goalnew text end specified in section 216H.02, subdivision
1
.

Subd. 2.

Purpose.

This section is intended to create a nonexclusive, regular,
mandated process for the state to develop policies to attain the greenhouse gas reduction
deleted text begin goalsdeleted text end new text begin goalnew text end specified in section 216H.02.

Subd. 3.

Biennial report.

(a) By January 15 of each odd-numbered year, the
commissioners of commerce and the Pollution Control Agency shall jointly report to the
chairs and ranking minority members of the legislative committees with primary policy
jurisdiction over energy and environmental issues the most recent and best available
evidence identifying the level of reductions already achieved and the deleted text begin level necessary to
achieve the
deleted text end new text begin prospects for achieving futurenew text end reductions deleted text begin timetable in section 216H.02deleted text end .

(b) The report must be in easily understood nontechnical terms.

Subd. 5.

Reduction principles.

Legislation proposed under subdivision 4 must be
based on the following principles:

(1) the greenhouse gas emissions-reduction deleted text begin goalsdeleted text end new text begin goalnew text end specified in section 216H.02,
subdivision 1, must be deleted text begin attaineddeleted text end new text begin pursuednew text end ;

(2) deleted text begin the reductions must be attained on a schedule that keeps pace with the reduction
timetable required by section 216H.02, subdivision 1;
deleted text end

deleted text begin (3)deleted text end conservation, including ceasing some activities, doing some activities less, and
doing some activities more energy efficiently, is the first choice for reduction;

deleted text begin (4)deleted text end new text begin (3)new text end public education is a key component;

deleted text begin (5)deleted text end new text begin (4)new text end all levels of government should lead by example;

deleted text begin (6)deleted text end new text begin (5)new text end strategies that may lead to economic dislocation should be phased in and
should be coupled with strategies that address the dislocation; and

deleted text begin (7)deleted text end new text begin (6)new text end there must be coordination with other federal and regional greenhouse gas
emissions-reduction requirements so that the state benefits and is not penalized from its
reduction activities.

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. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2014, section 216H.02, subdivisions 2, 3, 4, 5, and 6, 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 the day following final enactment.
new text end