HF 1530

Introduction - 84th Legislature (2005 - 2006)

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

A bill for an act
relating to energy assistance; correcting statutory
authority for energy assistance programs previously
transferred between agencies; repealing obsolete
energy assistance programs; removing obsolete oil
overcharge language; amending Minnesota Statutes 2004,
sections 13.681, by adding a subdivision; 119A.15,
subdivision 5a; 216C.09; 216C.30, subdivision 4;
216C.31; 462A.05, subdivisions 21, 23; 504B.161,
subdivision 1; repealing Minnesota Statutes 2004,
sections 13.319, subdivision 4; 119A.42, subdivision
4; 216B.165, subdivision 2; 216C.27, subdivisions 1,
2, 3, 4, 5, 6, 7; 216C.30, subdivision 5; Minnesota
Rules, parts 7635.0100; 7635.0110; 7635.0120;
7635.0130; 7635.0140; 7635.0150; 7635.0160; 7635.0170;
7635.0180; 7635.0200; 7635.0210; 7635.0220; 7635.0230;
7635.0240; 7635.0250; 7635.0260; 7635.0300; 7635.0310;
7635.0320; 7635.0330; 7635.0340; 7635.0400; 7635.0410;
7635.0420; 7635.0500; 7635.0510; 7635.0520; 7635.0530;
7635.0600; 7635.0610; 7635.0620; 7635.0630; 7635.0640;
7635.1000; 7635.1010; 7635.1020; 7635.1030; 7655.0100;
7655.0120; 7655.0200; 7655.0210; 7655.0220; 7655.0230;
7655.0240; 7655.0250; 7655.0260; 7655.0270; 7655.0280;
7655.0290; 7655.0300; 7655.0310; 7655.0320; 7655.0330;
7655.0400; 7655.0410; 7655.0420.

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

Section 1.

Minnesota Statutes 2004, section 13.681, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Energy programs. new text end

new text begin Treatment of data on
individuals applying for benefits or services under energy
programs is governed by section 216C.266.
new text end

Sec. 2.

Minnesota Statutes 2004, section 119A.15,
subdivision 5a, is amended to read:

Subd. 5a.

Excluded programs.

Programs transferred to the
Department of Education from the Department of Employment and
Economic Development may not be included in the consolidated
funding account and are ineligible for local consolidation. The
commissioner may not apply for federal waivers to include these
programs in funding consolidation initiatives. The programs
include the following:

(1) programs for the homeless under sections 116L.365 and
119A.43;

(2) deleted text begin emergency energy assistance and energy conservation
programs under sections 119A.40 and 119A.42;
deleted text end

deleted text begin (3) weatherization programs under section 119A.41;
deleted text end

deleted text begin (4) deleted text end foodshelf programs under section 119A.44 and the
emergency food assistance program; and

deleted text begin (5) deleted text end new text begin (3) new text end lead abatement programs under section 119A.45.

Sec. 3.

Minnesota Statutes 2004, section 216C.09, is
amended to read:

216C.09 COMMISSIONER DUTIES.

(a) The commissioner shall:

(1) manage the department as the central repository within
the state government for the collection of data on energy;

(2) prepare and adopt an emergency allocation plan
specifying actions to be taken in the event of an impending
serious shortage of energy, or a threat to public health,
safety, or welfare;

(3) undertake a continuing assessment of trends in the
consumption of all forms of energy and analyze the social,
economic, and environmental consequences of these trends;

(4) carry out energy conservation measures as specified by
the legislature and recommend to the governor and the
legislature additional energy policies and conservation measures
as required to meet the objectives of sections 216C.05 to
216C.30;

(5) collect and analyze data relating to present and future
demands and resources for all sources of energy;

(6) evaluate policies governing the establishment of rates
and prices for energy as related to energy conservation, and
other goals and policies of sections 216C.05 to 216C.30, and
make recommendations for changes in energy pricing policies and
rate schedules;

(7) study the impact and relationship of the state energy
policies to international, national, and regional energy
policies;

(8) design and implement a state program for the
conservation of energy; this program shall include but not be
limited to, general commercial, industrial, and residential, and
transportation areas; such program shall also provide for the
evaluation of energy systems as they relate to lighting,
heating, refrigeration, air conditioning, building design and
operation, and appliance manufacturing and operation;

(9) inform and educate the public about the sources and
uses of energy and the ways in which persons can conserve
energy;

(10) dispense funds made available for the purpose of
research studies and projects of professional and civic
orientation, which are related to either energy conservation,
resource recovery, or the development of alternative energy
technologies which conserve nonrenewable energy resources while
creating minimum environmental impact;

(11) charge other governmental departments and agencies
involved in energy-related activities with specific information
gathering goals and require that those goals be met;

(12) design a comprehensive program for the development of
indigenous energy resources. The program shall include, but not
be limited to, providing technical, informational, educational,
and financial services and materials to persons, businesses,
municipalities, and organizations involved in the development of
solar, wind, hydropower, peat, fiber fuels, biomass, and other
alternative energy resources. The program shall be evaluated by
the alternative energy technical activity; and

(13) dispense loans, grants, or other financial aid from
money received from litigation or settlement of alleged
violations of federal petroleum-pricing regulations made
available to the department for that purpose. The commissioner
shall adopt rules under chapter 14 for this purpose. deleted text begin Money
dispersed under this clause must not include money received as a
result of the settlement of the parties and order of the United
States District Court for the District of Kansas in the case of
In Re Department of Energy Stripper Well Exemption Litigation,
578 F. Supp. 586 (D.Kan. 1983) and all money received after
August 1, 1988, by the governor, the commissioner of finance, or
any other state agency resulting from overcharges by oil
companies in violation of federal law.
deleted text end

(b) Further, the commissioner may participate fully in
hearings before the Public Utilities Commission on matters
pertaining to rate design, cost allocation, efficient resource
utilization, utility conservation investments, small power
production, cogeneration, and other rate issues. The
commissioner shall support the policies stated in section
216C.05 and shall prepare and defend testimony proposed to
encourage energy conservation improvements as defined in section
216B.241.

Sec. 4.

Minnesota Statutes 2004, section 216C.30,
subdivision 4, is amended to read:

Subd. 4.

Housing authority exempt.

With respect to
low-rent housing, the provisions of subdivisions 1 and 3 shall
not apply to a violation by a housing and redevelopment
authority described in chapter 462 or a public housing
authority, or an employee of either deleted text begin , of section 216C.27 or any
rule promulgated thereunder deleted text end .

Sec. 5.

Minnesota Statutes 2004, section 216C.31, is
amended to read:

216C.31 ENERGY AUDIT PROGRAMS.

The commissioner deleted text begin shall deleted text end new text begin may new text end develop and administer state
programs of energy audits of residential and commercial
buildings deleted text begin including those required by United States Code, title
42, sections 8211 to 8222 and sections 8281 to 8284. The
commissioner shall continue to administer the residential energy
audit program as originally established under the provisions of
United States Code, title 42, sections 8211 to 8222; through
July 1, 1986 irrespective of any prior expiration date provided
in United States Code, title 42, section 8216. The commissioner
may approve temporary programs if they are likely to result in
the installation of as many conservation measures as would have
been installed had the utility met the requirements of United
States Code, title 42, sections 8211 to 8222. The Consumer
Services Division and the attorney general may release
information on consumer comments about the operation of the
program to the commissioner deleted text end .

Sec. 6.

Minnesota Statutes 2004, section 462A.05,
subdivision 21, is amended to read:

Subd. 21.

Rental property loans.

The agency may make or
purchase loans to owners of rental property that is occupied or
intended for occupancy primarily by low- and moderate-income
tenants and which does not comply with the standards established
in section deleted text begin 216C.27 deleted text end new text begin 16B.61 new text end , subdivision deleted text begin 3 deleted text end new text begin 1 new text end , for the purpose of
energy improvements necessary to bring the property into full or
partial compliance with these standards. For property which
meets the other requirements of this subdivision, a loan may
also be used for moderate rehabilitation of the property. The
authority granted in this subdivision is in addition to and not
in limitation of any other authority granted to the agency in
this chapter. The limitations on eligible mortgagors contained
in section 462A.03, subdivision 13, do not apply to loans under
this subdivision. Loans for the improvement of rental property
pursuant to this subdivision may contain provisions that
repayment is not required in whole or in part subject to terms
and conditions determined by the agency to be necessary and
desirable to encourage owners to maximize rehabilitation of
properties.

Sec. 7.

Minnesota Statutes 2004, section 462A.05,
subdivision 23, is amended to read:

Subd. 23.

Insuring financial institution loans.

The
agency may participate in loans or establish a fund to insure
loans, or portions of loans, that are made by any banking
institution, savings association, or other lender approved by
the agency, organized under the laws of this or any other state
or of the United States having an office in this state, to
owners of renter occupied homes or apartments that do not comply
with standards set forth in section deleted text begin 216C.27 deleted text end new text begin 16B.61 new text end ,
subdivision deleted text begin 3 deleted text end new text begin 1 new text end , without limitations relating to the maximum
incomes of the owners or tenants. The proceeds of the insured
portion of the loan must be used to pay the costs of
improvements, including all related structural and other
improvements, that will reduce energy consumption.

Sec. 8.

Minnesota Statutes 2004, section 504B.161,
subdivision 1, is amended to read:

Subdivision 1.

Requirements.

In every lease or license
of residential premises, the landlord or licensor covenants:

(1) that the premises and all common areas are fit for the
use intended by the parties;

(2) to keep the premises in reasonable repair during the
term of the lease or license, except when the disrepair has been
caused by the willful, malicious, or irresponsible conduct of
the tenant or licensee or a person under the direction or
control of the tenant or licensee; and

(3) to maintain the premises in compliance with the
applicable health and safety laws of the state deleted text begin , including the
weatherstripping, caulking, storm window, and storm door energy
efficiency standards for renter-occupied residences prescribed
by section 216C.27, subdivisions 1 and 3, deleted text end and of the local units
of government where the premises are located during the term of
the lease or license, except when violation of the health and
safety laws has been caused by the willful, malicious, or
irresponsible conduct of the tenant or licensee or a person
under the direction or control of the tenant or licensee.

The parties to a lease or license of residential premises
may not waive or modify the covenants imposed by this section.

Sec. 9. new text begin RECODIFICATION.
new text end

new text begin Minnesota Statutes 2004, sections 119A.40; 119A.41;
119A.42; 119A.425; and 216C.27, subdivision 8, are recodified as
sections 216C.263; 216C.264; 216C.265; 216C.266; and 16B.61,
subdivision 8, respectively.
new text end

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 13.319, subdivision 4;
119A.42, subdivision 4; 216B.165, subdivision 2; 216C.27,
subdivisions 1, 2, 3, 4, 5, 6, and 7; and 216C.30, subdivision
5; and Minnesota Rules, parts 7635.0100; 7635.0110; 7635.0120;
7635.0130; 7635.0140; 7635.0150; 7635.0160; 7635.0170;
7635.0180; 7635.0200; 7635.0210; 7635.0220; 7635.0230;
7635.0240; 7635.0250; 7635.0260; 7635.0300; 7635.0310;
7635.0320; 7635.0330; 7635.0340; 7635.0400; 7635.0410;
7635.0420; 7635.0500; 7635.0510; 7635.0520; 7635.0530;
7635.0600; 7635.0610; 7635.0620; 7635.0630; 7635.0640;
7635.1000; 7635.1010; 7635.1020; 7635.1030; 7655.0100;
7655.0120; 7655.0200; 7655.0210; 7655.0220; 7655.0230;
7655.0240; 7655.0250; 7655.0260; 7655.0270; 7655.0280;
7655.0290; 7655.0300; 7655.0310; 7655.0320; 7655.0330;
7655.0400; 7655.0410; and 7655.0420, are repealed.
new text end