1.1 	A bill for an act
1.2 	relating to energy assistance; correcting statutory
1.3 	authority for energy assistance programs previously
1.4 	transferred between agencies; removing obsolete oil
1.5 	overcharge language; amending Minnesota Statutes 2004,
1.6 	sections 13.681, by adding a subdivision; 119A.15,
1.7 	subdivision 5a; 216C.09; 462A.05, subdivisions 21, 23.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 13.681, is
1.10 	amended by adding a subdivision to read:
1.11 		Subd. 5.Energy programs. Treatment of data on
1.12 	individuals applying for benefits or services under energy
1.13 	programs is governed by section 216C.266.

1.14 	Sec. 2. Minnesota Statutes 2004, section 119A.15,
1.15 	subdivision 5a, is amended to read:
1.16 		Subd. 5a.Excluded programs.  Programs transferred to the
1.17 	Department of Education from the Department of Employment and
1.18 	Economic Development may not be included in the consolidated
1.19 	funding account and are ineligible for local consolidation.  The
1.20 	commissioner may not apply for federal waivers to include these
1.21 	programs in funding consolidation initiatives.  The programs
1.22 	include the following:
1.23 	(1) programs for the homeless under sections 116L.365 and
1.24 	119A.43;
1.25 	(2) emergency energy assistance and energy conservation
1.26 	programs under sections 119A.40 and 119A.42216C.263 and
2.1 	216C.265;
2.2 	(3) weatherization programs under section 119A.41 216C.264;
2.3 	(4) foodshelf programs under section 119A.44 and the
2.4 	emergency food assistance program; and
2.5 	(5)  lead abatement programs under section 119A.45.

2.6 	Sec. 3. Minnesota Statutes 2004, section 216C.09, is
2.7 	amended to read:
2.8 	216C.09 COMMISSIONER DUTIES.
2.9 	(a) The commissioner shall:
2.10 	(1) manage the department as the central repository within
2.11 	the state government for the collection of data on energy;
2.12 	(2) prepare and adopt an emergency allocation plan
2.13 	specifying actions to be taken in the event of an impending
2.14 	serious shortage of energy, or a threat to public health,
2.15 	safety, or welfare;
2.16 	(3) undertake a continuing assessment of trends in the
2.17 	consumption of all forms of energy and analyze the social,
2.18 	economic, and environmental consequences of these trends;
2.19 	(4) carry out energy conservation measures as specified by
2.20 	the legislature and recommend to the governor and the
2.21 	legislature additional energy policies and conservation measures
2.22 	as required to meet the objectives of sections 216C.05 to
2.23 	216C.30;
2.24 	(5) collect and analyze data relating to present and future
2.25 	demands and resources for all sources of energy;
2.26 	(6) evaluate policies governing the establishment of rates
2.27 	and prices for energy as related to energy conservation, and
2.28 	other goals and policies of sections 216C.05 to 216C.30, and
2.29 	make recommendations for changes in energy pricing policies and
2.30 	rate schedules;
2.31 	(7) study the impact and relationship of the state energy
2.32 	policies to international, national, and regional energy
2.33 	policies;
2.34 	(8) design and implement a state program for the
2.35 	conservation of energy; this program shall include but not be
2.36 	limited to, general commercial, industrial, and residential, and
3.1 	transportation areas; such program shall also provide for the
3.2 	evaluation of energy systems as they relate to lighting,
3.3 	heating, refrigeration, air conditioning, building design and
3.4 	operation, and appliance manufacturing and operation;
3.5 	(9) inform and educate the public about the sources and
3.6 	uses of energy and the ways in which persons can conserve
3.7 	energy;
3.8 	(10) dispense funds made available for the purpose of
3.9 	research studies and projects of professional and civic
3.10 	orientation, which are related to either energy conservation,
3.11 	resource recovery, or the development of alternative energy
3.12 	technologies which conserve nonrenewable energy resources while
3.13 	creating minimum environmental impact;
3.14 	(11) charge other governmental departments and agencies
3.15 	involved in energy-related activities with specific information
3.16 	gathering goals and require that those goals be met;
3.17 	(12) design a comprehensive program for the development of
3.18 	indigenous energy resources.  The program shall include, but not
3.19 	be limited to, providing technical, informational, educational,
3.20 	and financial services and materials to persons, businesses,
3.21 	municipalities, and organizations involved in the development of
3.22 	solar, wind, hydropower, peat, fiber fuels, biomass, and other
3.23 	alternative energy resources.  The program shall be evaluated by
3.24 	the alternative energy technical activity; and
3.25 	(13) dispense loans, grants, or other financial aid from
3.26 	money received from litigation or settlement of alleged
3.27 	violations of federal petroleum-pricing regulations made
3.28 	available to the department for that purpose.  The commissioner
3.29 	shall adopt rules under chapter 14 for this purpose. Money
3.30 	dispersed under this clause must not include money received as a
3.31 	result of the settlement of the parties and order of the United
3.32 	States District Court for the District of Kansas in the case of
3.33 	In Re Department of Energy Stripper Well Exemption Litigation,
3.34 	578 F. Supp. 586 (D.Kan. 1983) and all money received after
3.35 	August 1, 1988, by the governor, the commissioner of finance, or
3.36 	any other state agency resulting from overcharges by oil
4.1 	companies in violation of federal law.
4.2 	(b) Further, the commissioner may participate fully in
4.3 	hearings before the Public Utilities Commission on matters
4.4 	pertaining to rate design, cost allocation, efficient resource
4.5 	utilization, utility conservation investments, small power
4.6 	production, cogeneration, and other rate issues.  The
4.7 	commissioner shall support the policies stated in section
4.8 	216C.05 and shall prepare and defend testimony proposed to
4.9 	encourage energy conservation improvements as defined in section
4.10 	216B.241.

4.11 	Sec. 4. Minnesota Statutes 2004, section 462A.05,
4.12 	subdivision 21, is amended to read:
4.13 		Subd. 21.Rental property loans.  The agency may make or
4.14 	purchase loans to owners of rental property that is occupied or
4.15 	intended for occupancy primarily by low- and moderate-income
4.16 	tenants and which does not comply with the standards established
4.17 	in section 216C.27 16B.61, subdivision 3 1, for the purpose of
4.18 	energy improvements necessary to bring the property into full or
4.19 	partial compliance with these standards.  For property which
4.20 	meets the other requirements of this subdivision, a loan may
4.21 	also be used for moderate rehabilitation of the property.  The
4.22 	authority granted in this subdivision is in addition to and not
4.23 	in limitation of any other authority granted to the agency in
4.24 	this chapter.  The limitations on eligible mortgagors contained
4.25 	in section 462A.03, subdivision 13, do not apply to loans under
4.26 	this subdivision.  Loans for the improvement of rental property
4.27 	pursuant to this subdivision may contain provisions that
4.28 	repayment is not required in whole or in part subject to terms
4.29 	and conditions determined by the agency to be necessary and
4.30 	desirable to encourage owners to maximize rehabilitation of
4.31 	properties.

4.32 	Sec. 5. Minnesota Statutes 2004, section 462A.05,
4.33 	subdivision 23, is amended to read:
4.34 		Subd. 23.Insuring financial institution loans.  The
4.35 	agency may participate in loans or establish a fund to insure
4.36 	loans, or portions of loans, that are made by any banking
5.1 	institution, savings association, or other lender approved by
5.2 	the agency, organized under the laws of this or any other state
5.3 	or of the United States having an office in this state, to
5.4 	owners of renter occupied homes or apartments that do not comply
5.5 	with standards set forth in section 216C.27 16B.61,
5.6 	subdivision 3 1, without limitations relating to the maximum
5.7 	incomes of the owners or tenants.  The proceeds of the insured
5.8 	portion of the loan must be used to pay the costs of
5.9 	improvements, including all related structural and other
5.10 	improvements, that will reduce energy consumption.

5.11 	Sec. 6. RECODIFICATION.
 5.12 	Minnesota Statutes 2004, sections 119A.40; 119A.41;
5.13 	119A.42; 119A.425; and 216C.27, subdivision 8, are recodified as
5.14 	sections 216C.263; 216C.264; 216C.265; 216C.266; and 16B.61,
5.15 	subdivision 8, respectively.