1.1                          A bill for an act 
  1.2             relating to health; requiring public utilities 
  1.3             commission to establish fund for reimbursing state and 
  1.4             other public entities for health costs associated with 
  1.5             certain coal-fired power plants; appropriating money; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 216B.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [216B.2426] [HEALTH CARE COSTS ASSOCIATED WITH 
  1.10  COAL-FIRED POWER PLANTS.] 
  1.11     Subdivision 1.  [APPLICABILITY.] This section applies to an 
  1.12  electric generation facility in the state that uses coal as its 
  1.13  primary fuel that: 
  1.14     (1) has not installed best available control technology 
  1.15  identified by the Environmental Protection Agency for 
  1.16  controlling emissions of criteria pollutants from a generation 
  1.17  facility of that type; or 
  1.18     (2) was constructed prior to 1975 and has not been brought 
  1.19  into compliance with new source performance standards 
  1.20  promulgated under the federal Clean Air Act for a generation 
  1.21  facility of that type. 
  1.22     Subd. 2.  [ASSESSMENT; APPROPRIATION.] (a) The commission 
  1.23  shall, by order, establish the annual health care costs 
  1.24  associated with particulate matter emitted from an electric 
  1.25  generation facility described in this section, particularly 
  1.26  those costs incurred by the state or other public entity through 
  2.1   the direct provision of services or incurred through insurance 
  2.2   payments for public employees.  The commission shall limit its 
  2.3   analysis to those impacts within 30 miles of a facility.  The 
  2.4   commission shall annually assess each owner of a facility 
  2.5   described in subdivision 1 for those health care costs.  If 
  2.6   there is more than one facility within 30 miles, the commission 
  2.7   shall allocate the health costs between those facilities, and 
  2.8   assess the owners accordingly. 
  2.9      (b) Once assessed, each owner shall pay that amount into an 
  2.10  account created for this purpose in the state treasury within 30 
  2.11  days of receiving the assessment.  Money in this account is 
  2.12  appropriated to the public utilities commission for the purposes 
  2.13  provided in subdivision 3. 
  2.14     Subd. 3.  [REIMBURSEMENT.] The commission shall, by order, 
  2.15  establish a plan to reimburse entities for their health care 
  2.16  costs associated with particulate matter emitted from generation 
  2.17  facilities described in subdivision 1.  The commission shall 
  2.18  ensure that the state and other public entities that have 
  2.19  incurred costs are reimbursed first, but shall allow for 
  2.20  reimbursement of other entities, such as health maintenance 
  2.21  organizations providing services in impacted areas, upon 
  2.22  receiving documentation of costs incurred by those entities.  
  2.23  The commission shall disburse funds under the plan provided for 
  2.24  this subdivision only upon a demonstration by an entity that the 
  2.25  costs to be reimbursed were incurred and justified.  
  2.26  Administrative costs under this section are not subject to 
  2.27  reimbursement.