SF 715

1st Engrossment - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to taxation; providing that certain personal 
  1.3             property at an electric generation facility is exempt 
  1.4             from taxation; providing legislative approval of use 
  1.5             of water at the facility; amending Minnesota Statutes 
  1.6             2002, section 272.02, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 272.02, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 56.  [ELECTRIC GENERATION FACILITY PERSONAL 
  1.11  PROPERTY.] (a) Notwithstanding subdivision 9, clause (a), 
  1.12  attached machinery and other personal property which is part of 
  1.13  a combined-cycle combustion-turbine electric generation facility 
  1.14  that exceeds 150 megawatts of installed capacity and that meets 
  1.15  the requirements of this subdivision is exempt.  At the time of 
  1.16  construction, the facility must: 
  1.17     (1) utilize natural gas as a primary fuel; 
  1.18     (2) be owned by an electric generation and transmission 
  1.19  cooperative; 
  1.20     (3) be located within ten miles of parallel existing 
  1.21  24-inch and 30-inch natural gas pipelines and a 345-kilovolt 
  1.22  high-voltage electric transmission line; and 
  1.23     (4) be designed to provide intermediate energy and 
  1.24  ancillary services, and have received a certificate of need 
  1.25  under section 216B.243, demonstrating demand for its capacity. 
  1.26     (b) Construction of the facility must be commenced after 
  2.1   January 1, 2004, and before January 1, 2009.  Property eligible 
  2.2   for this exemption does not include electric transmission lines 
  2.3   and interconnections or gas pipelines and interconnections 
  2.4   appurtenant to the property or the facility. 
  2.5      (c) The exemption under this section will take effect only 
  2.6   if the owner of the facility enters into agreements with the 
  2.7   governing bodies of the county and the city or town in which the 
  2.8   facility is located.  The agreements may include a requirement 
  2.9   that the facility must pay a host fee to compensate the county 
  2.10  and city or town for hosting the facility. 
  2.11     [EFFECTIVE DATE.] This section is effective for taxes 
  2.12  levied in 2005, payable in 2006, and thereafter. 
  2.13     Sec. 2.  [LEGISLATIVE APPROVAL OF CONSUMPTIVE USE OF 
  2.14  WATER.] 
  2.15     Pursuant to Minnesota Statutes, section 103G.265, 
  2.16  subdivision 3, the legislature approves the consumptive use 
  2.17  under a permit of more than 2,000,000 gallons per day average in 
  2.18  a 30-day period in Rosemount, in connection with a gas fueled 
  2.19  combined cycle electric generating facility, subject to the 
  2.20  commissioner of natural resources making a determination that 
  2.21  the water remaining in the basin of origin will be adequate to 
  2.22  meet the basin's need for water and approval by the commissioner 
  2.23  of natural resources of all applicable permits. 
  2.24     [EFFECTIVE DATE.] This section is effective the day 
  2.25  following final enactment.