SF 3096
CCR--SF3096B - 85th Legislature (2007 - 2008)
Posted on 01/15/2013 08:28 p.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 3096
1.2A bill for an act
1.3relating to energy; creating programs for government energy conservation
1.4investments; removing rulemaking requirement for certain loan and grant
1.5programs; establishing microenergy loan program; authorizing issuance of
1.6state revenue bonds; modifying provision allowing guaranteed energy savings
1.7contracts; requiring a report; appropriating money;amending Minnesota Statutes
1.82006, section 216C.09; Minnesota Statutes 2007 Supplement, section 471.345,
1.9subdivision 13; proposing coding for new law in Minnesota Statutes, chapters
1.1016B; 216C; repealing Laws 2007, chapter 57, article 2, section 30.
1.11May 12, 2008
1.12The Honorable James P. Metzen
1.13President of the Senate
1.14The Honorable Margaret Anderson Kelliher
1.15Speaker of the House of Representatives
1.16We, the undersigned conferees for S.F. No. 3096 report that we have agreed upon
1.17the items in dispute and recommend as follows:
1.18That the House recede from its amendments and that S.F. No. 3096 be further
1.19amended as follows:
1.20Delete everything after the enacting clause and insert:
1.21 "Section 1. new text begin [16B.321] DEFINITIONS.new text end
1.22 new text begin Subdivision 1.new text end new text begin Scope.new text end new text begin For the purpose of this section and section 16B.322, the terms new text end
1.23new text begin defined in this section have the meanings given them.new text end
1.24 new text begin Subd. 2.new text end new text begin Energy improvement project.new text end new text begin "Energy improvement project" means:new text end
1.25 new text begin (1) a project to improve energy efficiency in a building or facility, including the new text end
1.26new text begin design, acquisition, installation, construction, and commissioning of equipment or new text end
1.27new text begin improvements to a building or facility owned or operated by a state agency, and training new text end
1.28new text begin of building or facility staff necessary to properly operate and maintain the equipment or new text end
1.29new text begin improvements; ornew text end
2.1 new text begin (2) a project to design, acquire, install, construct, and commission equipment or new text end
2.2new text begin products to utilize solar, wind, geothermal, biomass, or other alternative energy sources in new text end
2.3new text begin heating, cooling, or providing electricity for a building or facility owned or operated by a new text end
2.4new text begin state agency and training of building or facility staff necessary to properly operate and new text end
2.5new text begin maintain the equipment or improvements.new text end
2.6 new text begin Subd. 3.new text end new text begin Energy project study.new text end new text begin "Energy project study" means a technical and new text end
2.7new text begin financial study of one or more energy improvement projects, including:new text end
2.8 new text begin (1) an analysis of historical energy consumption and cost data;new text end
2.9 new text begin (2) a description of existing equipment, structural elements, operating characteristics, new text end
2.10new text begin and other conditions affecting energy use;new text end
2.11 new text begin (3) a description of the proposed energy improvement projects;new text end
2.12 new text begin (4) a detailed budget for the proposed project; andnew text end
2.13 new text begin (5) calculations sufficient to demonstrate the expected energy and operational cost new text end
2.14new text begin savings and reduction in fossil-fuel use.new text end
2.15 new text begin Subd. 4.new text end new text begin Financing agreement.new text end new text begin "Financing agreement" means a tax-exempt new text end
2.16new text begin lease-purchase agreement entered into by the commissioner of administration and a new text end
2.17new text begin financial institution under a standard project financing agreement offered under section new text end
2.18new text begin 16B.322, subdivision 4.new text end
2.19 new text begin Subd. 5.new text end new text begin State agency.new text end new text begin "State agency" means any office, board, commission, new text end
2.20new text begin authority, department, or other agency of the executive branch of state government.new text end
2.21 Sec. 2. new text begin [16B.322] ENERGY IMPROVEMENT FINANCING PROGRAM FOR new text end
2.22new text begin STATE GOVERNMENT.new text end
2.23 new text begin Subdivision 1.new text end new text begin Commissioner's authority and duties; state agency authority.new text end
2.24 new text begin The commissioner shall administer the energy improvement financing program created new text end
2.25new text begin by this section. A state agency may enter into contracts for the purposes of this section new text end
2.26new text begin with the commissioner and participating financial institutions. All technical services and new text end
2.27new text begin construction contracts shall be executed through the appropriate procurement procedure in new text end
2.28new text begin chapters 16B, 16C, and other applicable law.new text end
2.29 new text begin Subd. 2.new text end new text begin Program eligibility; voluntary program participation; targeted new text end
2.30new text begin technical services.new text end new text begin A state agency may elect to participate in the program. The new text end
2.31new text begin commissioner may prioritize and target technical services offered under subdivision 3 to new text end
2.32new text begin state agencies with state buildings or facilities that the commissioner determines offer the new text end
2.33new text begin greatest potential to improve energy efficiency or reduce use of fossil-fuel energy.new text end
3.1 new text begin Subd. 3.new text end new text begin Targeted technical services.new text end new text begin The commissioner may require full or partial new text end
3.2new text begin reimbursement of costs for technical services provided to a state agency, subject to terms new text end
3.3new text begin and conditions specified and agreed to by contract prior to the delivery of technical new text end
3.4new text begin services.new text end
3.5 new text begin Subd. 4.new text end new text begin Financing agreement.new text end new text begin The commissioner shall solicit proposals from new text end
3.6new text begin private financial institutions and may enter into a financing agreement with one or more new text end
3.7new text begin financial institutions. The term of the financing agreement shall not exceed 15 years new text end
3.8new text begin from the date of final completion of the energy improvement project. The financing new text end
3.9new text begin agreement is assignable to the state agency operating or managing the state building or new text end
3.10new text begin facility improved by the energy improvement project. The proceeds from the financing new text end
3.11new text begin agreement are appropriated to the commissioner and may be used for the purposes of new text end
3.12new text begin this section and are available until spent.new text end
3.13 new text begin Subd. 5.new text end new text begin Qualifying energy improvement projects.new text end new text begin The commissioner may new text end
3.14new text begin approve an energy improvement project and enter into a financing agreement if the new text end
3.15new text begin commissioner determines that:new text end
3.16 new text begin (1) the project and financing agreement have been approved by the governing body new text end
3.17new text begin or head of the state agency that operates or manages the state building or facility to be new text end
3.18new text begin improved;new text end
3.19 new text begin (2) the project is technically and economically feasible;new text end
3.20 new text begin (3) the state agency that operates or manages the state building or facility has made new text end
3.21new text begin adequate provision for the operation and maintenance of the project;new text end
3.22 new text begin (4) if an energy efficiency improvement, the project is calculated to result in a new text end
3.23new text begin positive cash flow in each year the financing agreement is in effect; new text end
3.24 new text begin (5) the project proposer has fully explored the use of conservation investment plan new text end
3.25new text begin opportunities under section 216B.241 with the utilities providing gas and electric service new text end
3.26new text begin to the energy improvement project;new text end
3.27 new text begin (6) if a renewable energy improvement, the project is calculated to reduce use of new text end
3.28new text begin fossil-fuel energy; andnew text end
3.29 new text begin (7) if a geothermal energy improvement, the project is calculated to produce savings new text end
3.30new text begin in terms of nongeothermal energy and costs.new text end
3.31 new text begin For the purpose of clause (6), "renewable energy" is energy produced by an eligible new text end
3.32new text begin energy technology as defined in section 216B.1691, subdivision 1, paragraph (a), clause new text end
3.33new text begin (1).new text end
4.1 new text begin Subd. 6.new text end new text begin Program costs.new text end new text begin Program costs incurred by the commissioner or a state new text end
4.2new text begin agency that are not reimbursed or paid directly under a financing agreement may be paid new text end
4.3new text begin with money made available to the commissioner under section 216C.43, subdivision 10.new text end
4.4 new text begin Subd. 7.new text end new text begin Conservation investment plan savings goals.new text end new text begin A utility or association new text end
4.5new text begin may count toward its energy savings goals under section 216B.241, subdivision 1c, the new text end
4.6new text begin energy savings resulting from its investment in an energy improvement project.new text end
4.7 new text begin Subd. 8.new text end new text begin Report.new text end new text begin Beginning January 15, 2009, and each year thereafter, the new text end
4.8new text begin commissioner of administration shall submit to the chairs and ranking minority members new text end
4.9new text begin of the senate and house committees on energy finance a report containing, at a minimum, new text end
4.10new text begin the following information regarding projects implemented under this section:new text end
4.11 new text begin (1) the total number of projects;new text end
4.12 new text begin (2) the amount of calculated and, if available, actual energy savings for each project;new text end
4.13 new text begin (3) the cost of each project; andnew text end
4.14 new text begin (4) the total amount paid for technical services provided under subdivision 3 for new text end
4.15new text begin each project.new text end
4.16 Sec. 3. new text begin [116J.437] COORDINATING ECONOMIC DEVELOPMENT AND new text end
4.17new text begin ENVIRONMENTAL POLICY.new text end
4.18 new text begin Subdivision 1.new text end new text begin Definitions.new text end new text begin For the purpose of this section, "green economy" means new text end
4.19new text begin products, processes, methods, technologies, or services intended to do one or more of new text end
4.20new text begin the following:new text end
4.21 new text begin (1) increase the use of energy from renewable sources, including through achieving new text end
4.22new text begin the renewable energy standard established in section 216B.1691;new text end
4.23 new text begin (2) achieve the statewide energy savings goal established in section 216B.2401, new text end
4.24new text begin including energy savings achieved by the conservation investment program under section new text end
4.25new text begin 216B.241;new text end
4.26 new text begin (3) achieve the greenhouse gas emission reduction goals of section 216H.02, new text end
4.27new text begin subdivision 1, including through reduction of greenhouse gas emissions, as defined in new text end
4.28new text begin section 216H.01, subdivision 2, or mitigation of the greenhouse gas emissions through, new text end
4.29new text begin but not limited to, carbon capture, storage, or sequestration;new text end
4.30 new text begin (4) monitor, protect, restore, and preserve the quality of surface waters, including new text end
4.31new text begin actions to further the purposes of the Clean Water Legacy Act as provided in section new text end
4.32new text begin 114D.10, subdivision 1; ornew text end
4.33 new text begin (5) expand the use of biofuels, including by expanding the feasibility or reducing the new text end
4.34new text begin cost of producing biofuels or the types of equipment, machinery, and vehicles that can new text end
5.1new text begin use biofuels, including activities to achieve the biofuels 25 by 2025 initiative in sections new text end
5.2new text begin 41A.10, subdivision 2, and 41A.11.new text end
5.3new text begin For the purpose of clause (3), "green economy" includes strategies that reduce carbon new text end
5.4new text begin emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass new text end
5.5new text begin transit or otherwise reducing commuting for employees.new text end
5.6 new text begin Subd. 2.new text end new text begin Coordinating economic development and environmental policy.new text end new text begin The new text end
5.7new text begin commissioner and the Jobs Skills Partnership Board shall cooperate to promote job new text end
5.8new text begin training that complements green economy business development.new text end
5.9new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
5.10 Sec. 4. Minnesota Statutes 2007 Supplement, section 116J.575, subdivision 1a, is
5.11amended to read:
5.12 Subd. 1a. Priorities. (a) If applications for grants exceed the available
5.13appropriations, grants shall be made for sites that, in the commissioner's judgment, provide
5.14the highest return in public benefits for the public costs incurred. "Public benefits" include
5.15job creation, bioscience development, environmental benefits to the state and region,
5.16efficient use of public transportation, efficient use of existing infrastructure, provision of
5.17affordable housing, multiuse development that constitutes community rebuilding rather
5.18than single-use development, crime reduction, blight reduction, community stabilization,
5.19and property tax base maintenance or improvement. In making this judgment, the
5.20commissioner shall give priority to redevelopment projects with one or more of the
5.21following characteristics:
5.22 (1) the need for redevelopment in conjunction with contamination remediation needs;
5.23 (2) the redevelopment project meets current tax increment financing requirements
5.24for a redevelopment district and tax increments will contribute to the project;
5.25 (3) the redevelopment potential within the municipality;
5.26 (4) proximity to public transit if located in the metropolitan area;
5.27 (5) redevelopment costs related to expansion of a bioscience business in Minnesota;
5.28and
5.29 (6) multijurisdictional projects that take into account the need for affordable housing,
5.30transportation, and environmental impactnew text begin ; ornew text end
5.31 new text begin (7) the project advances or promotes the green economy as defined in section new text end
5.32new text begin 116J.437new text end .
5.33 (b) The factors in paragraph (a) are not listed in a rank order of priority; rather, the
5.34commissioner may weigh each factor, depending upon the facts and circumstances, as
5.35the commissioner considers appropriate. The commissioner may consider other factors
6.1that affect the net return of public benefits for completion of the redevelopment plan. The
6.2commissioner, notwithstanding the listing of priorities and the goal of maximizing the
6.3return of public benefits, shall make grants that distribute available money to sites both
6.4within and outside of the metropolitan area. Unless sufficient applications are not received
6.5for qualifying sites outside of the metropolitan area, at least 50 percent of the money
6.6provided as grants must be made for sites located outside of the metropolitan area.
6.7 Sec. 5. Minnesota Statutes 2006, section 116J.8731, subdivision 4, is amended to read:
6.8 Subd. 4. Eligible projects. Assistance must be evaluated on the existence of the
6.9following conditions:
6.10 (1) creation of new jobs, retention of existing jobs, or improvements in the quality of
6.11existing jobs as measured by the wages, skills, or education associated with those jobs;
6.12 (2) increase in the tax base;
6.13 (3) the project can demonstrate that investment of public dollars induces private
6.14funds;
6.15 (4) the project can demonstrate an excessive public infrastructure or improvement
6.16cost beyond the means of the affected community and private participants in the project;
6.17 (5) the project provides higher wage levels to the community or will add value to
6.18current workforce skills;
6.19 (6) whether assistance is necessary to retain existing business; and
6.20 (7) whether assistance is necessary to attract out-of-state businessnew text begin ; andnew text end
6.21 new text begin (8) the project promotes or advances the green economy as defined in section new text end
6.22new text begin 116J.437new text end .
6.23 A grant or loan cannot be made based solely on a finding that the conditions in
6.24clause (6) or (7) exist. A finding must be made that a condition in clause (1), (2), (3),
6.25(4), or (5) also exists.
6.26 Applications recommended for funding shall be submitted to the commissioner.
6.27 Sec. 6. Minnesota Statutes 2006, section 216C.09, is amended to read:
6.28216C.09 COMMISSIONER DUTIES.
6.29 (a) The commissioner shall:
6.30 (1) manage the department as the central repository within the state government for
6.31the collection of data on energy;
6.32 (2) prepare and adopt an emergency allocation plan specifying actions to be taken
6.33in the event of an impending serious shortage of energy, or a threat to public health,
6.34safety, or welfare;
7.1 (3) undertake a continuing assessment of trends in the consumption of all forms of
7.2energy and analyze the social, economic, and environmental consequences of these trends;
7.3 (4) carry out energy conservation measures as specified by the legislature and
7.4recommend to the governor and the legislature additional energy policies and conservation
7.5measures as required to meet the objectives of sections
216C.05 to
216C.30;
7.6 (5) collect and analyze data relating to present and future demands and resources
7.7for all sources of energy;
7.8 (6) evaluate policies governing the establishment of rates and prices for energy
7.9as related to energy conservation, and other goals and policies of sections
216C.05 to
7.10216C.30
, and make recommendations for changes in energy pricing policies and rate
7.11schedules;
7.12 (7) study the impact and relationship of the state energy policies to international,
7.13national, and regional energy policies;
7.14 (8) design and implement a state program for the conservation of energy; this
7.15program shall include but not be limited to, general commercial, industrial, and residential,
7.16and transportation areas; such program shall also provide for the evaluation of energy
7.17systems as they relate to lighting, heating, refrigeration, air conditioning, building design
7.18and operation, and appliance manufacturing and operation;
7.19 (9) inform and educate the public about the sources and uses of energy and the
7.20ways in which persons can conserve energy;
7.21 (10) dispense funds made available for the purpose of research studies and projects
7.22of professional and civic orientation, which are related to either energy conservation,
7.23resource recovery, or the development of alternative energy technologies which conserve
7.24nonrenewable energy resources while creating minimum environmental impact;
7.25 (11) charge other governmental departments and agencies involved in energy-related
7.26activities with specific information gathering goals and require that those goals be met;
7.27 (12) design a comprehensive program for the development of indigenous energy
7.28resources. The program shall include, but not be limited to, providing technical,
7.29informational, educational, and financial services and materials to persons, businesses,
7.30municipalities, and organizations involved in the development of solar, wind, hydropower,
7.31peat, fiber fuels, biomass, and other alternative energy resources. The program shall be
7.32evaluated by the alternative energy technical activity; and
7.33 (13) dispense loans, grants, or other financial aid from money received from
7.34litigation or settlement of alleged violations of federal petroleum-pricing regulations
7.35made available to the department for that purpose. The commissioner shall adopt rules
7.36under chapter 14 for this purpose.
8.1 (b) Further, the commissioner may participate fully in hearings before the
8.2Public Utilities Commission on matters pertaining to rate design, cost allocation,
8.3efficient resource utilization, utility conservation investments, small power production,
8.4cogeneration, and other rate issues. The commissioner shall support the policies stated in
8.5section
216C.05 and shall prepare and defend testimony proposed to encourage energy
8.6conservation improvements as defined in section
216B.241.
8.7 Sec. 7. new text begin [216C.145] MICROENERGY LOAN PROGRAM.new text end
8.8 new text begin Subdivision 1.new text end new text begin Definitions.new text end new text begin (a) The definitions in this subdivision apply to this new text end
8.9new text begin section.new text end
8.10 new text begin (b) "Small-scale renewable energy" projects include solar thermal water heating, new text end
8.11new text begin solar electric or photovoltaic equipment, small wind energy conversion systems of less new text end
8.12new text begin than 250 kW, anaerobic digester gas systems, microhydro systems up to 100 kW, and new text end
8.13new text begin heating and cooling applications using geothermal energy. new text end
8.14 new text begin (c) "Unit of local government" means any home rule charter or statutory city, county, new text end
8.15new text begin commission, district, authority, or other political subdivision or instrumentality of this new text end
8.16new text begin state, including a sanitary district, park district, the Metropolitan Council, a port authority, new text end
8.17new text begin an economic development authority, or a housing and redevelopment authority.new text end
8.18 new text begin Subd. 2.new text end new text begin Program established.new text end new text begin The commissioner of commerce shall develop, new text end
8.19new text begin implement, and administer a microenergy loan program under this section.new text end
8.20 new text begin Subd. 3.new text end new text begin Loan purposes.new text end new text begin (a) The commissioner may issue low-interest, long-term new text end
8.21new text begin loans to units of local government to finance community-owned or publicly owned small new text end
8.22new text begin scale renewable energy systems or to provide loans or other aids to small businesses to new text end
8.23new text begin install small-scale renewable energy systems.new text end
8.24 new text begin (b) The commissioner may participate in loans made by the Housing Finance new text end
8.25new text begin Agency to residential property owners, private developers, nonprofit organizations, or new text end
8.26new text begin units of local government under sections 462A.05, subdivisions 14 and 18; and 462A.33 new text end
8.27new text begin for the construction, purchase, or rehabilitation of residential housing, to facilitate new text end
8.28new text begin the installation of small-scale renewable energy systems in residential housing and new text end
8.29new text begin cost-effective energy conservation improvements identified in an energy efficiency audit. new text end
8.30new text begin The commissioner shall assist the Housing Finance Agency in assessing the technical new text end
8.31new text begin qualifications of loan applicants.new text end
8.32 new text begin Subd. 4.new text end new text begin Technical standards.new text end new text begin The commissioner shall determine technical new text end
8.33new text begin standards for small-scale renewable energy systems to qualify for loans under this section.new text end
8.34 new text begin Subd. 5.new text end new text begin Loan proposals.new text end new text begin (a) At least once a year, the commissioner shall publish in new text end
8.35new text begin the State Register a request for proposals from units of local government for a loan under new text end
9.1new text begin this section. Within 45 days after the deadline for receipt of proposals, the commissioner new text end
9.2new text begin shall select proposals based on the following criteria:new text end
9.3 new text begin (1) the reliability and cost-effectiveness of the renewable technology to be installed new text end
9.4new text begin under the proposal;new text end
9.5 new text begin (2) the extent to which the proposal effectively integrates with the conservation and new text end
9.6new text begin energy efficiency programs of the energy utilities serving the proposer;new text end
9.7 new text begin (3) the total life cycle energy use and greenhouse gas emissions reductions per new text end
9.8new text begin dollar of installed cost;new text end
9.9 new text begin (4) the diversity of the renewable energy technology installed under the proposal;new text end
9.10 new text begin (5) the geographic distribution of projects throughout the state;new text end
9.11 new text begin (6) the percentage of total project cost requested;new text end
9.12 new text begin (7) the proposed security for payback of the loan; andnew text end
9.13 new text begin (8) other criteria the commissioner may determine to be necessary and appropriate.new text end
9.14 new text begin Subd. 6.new text end new text begin Loan terms.new text end new text begin A loan under this section must be issued at the lowest interest new text end
9.15new text begin rate required to recover principal and interest plus the costs of issuing the loan, and must new text end
9.16new text begin be for a minimum of 15 years, unless the commissioner determines that a shorter loan new text end
9.17new text begin period of no less than ten years is necessary and feasible.new text end
9.18 new text begin Subd. 7.new text end new text begin Account.new text end new text begin A microenergy loan account is established in the state treasury. new text end
9.19new text begin Money in the account consists of the proceeds of revenue bonds issued under section new text end
9.20new text begin 216C.146, interest and other earnings on money in the account, money received in new text end
9.21new text begin repayment of loans from the account, legislative appropriations, and money from any new text end
9.22new text begin other source credited to the account. new text end
9.23 new text begin Subd. 8.new text end new text begin Appropriation.new text end new text begin Money in the account is appropriated to the commissioner new text end
9.24new text begin of commerce to make microenergy loans under this section and to the commissioner of new text end
9.25new text begin finance to pay debt service and other costs under section 216C.146. Payment of debt new text end
9.26new text begin service costs and funding reserves take priority over use of money in the account for new text end
9.27new text begin any other purpose.new text end
9.28new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
9.29 Sec. 8. new text begin [216C.146] MICROENERGY LOAN REVENUE BONDS.new text end
9.30 new text begin Subdivision 1.new text end new text begin Bonding authority; definition.new text end new text begin (a) The commissioner of finance, if new text end
9.31new text begin requested by the commissioner of commerce, shall sell and issue state revenue bonds for new text end
9.32new text begin the following purposes:new text end
9.33 new text begin (1) to make microenergy loans under section 216C.145;new text end
9.34 new text begin (2) to pay the costs of issuance, debt service, and bond insurance or other credit new text end
9.35new text begin enhancements, and to fund reserves; andnew text end
10.1 new text begin (3) to refund bonds issued under this section.new text end
10.2 new text begin (b) The aggregate principal amount of bonds for the purposes of paragraph (a), new text end
10.3new text begin clause (1), that may be outstanding at any time may not exceed $20,000,000; the principal new text end
10.4new text begin amount of bonds that may be issued for the purposes of paragraph (a), clauses (2) and new text end
10.5new text begin (3), is not limited.new text end
10.6 new text begin (c) For the purpose of this section, "commissioner" means the commissioner of new text end
10.7new text begin finance.new text end
10.8 new text begin Subd. 2.new text end new text begin Procedure.new text end new text begin The commissioner may sell and issue the bonds on the terms new text end
10.9new text begin and conditions the commissioner determines to be in the best interests of the state. The new text end
10.10new text begin bonds may be sold at public or private sale. The commissioner may enter into any new text end
10.11new text begin agreements or pledges the commissioner determines necessary or useful to sell the bonds new text end
10.12new text begin that are not inconsistent with section 216C.145. Sections 16A.672 to 16A.675 apply to new text end
10.13new text begin the bonds. The proceeds of the bonds issued under this section must be credited to the new text end
10.14new text begin microenergy loan account created under section 216C.145.new text end
10.15 new text begin Subd. 3.new text end new text begin Revenue sources.new text end new text begin The debt service on the bonds is payable only from the new text end
10.16new text begin following sources:new text end
10.17 new text begin (1) revenue credited to the microenergy loan account from the sources identified in new text end
10.18new text begin section 216C.145 or from any other source; andnew text end
10.19 new text begin (2) other revenues pledged to the payment of the bonds.new text end
10.20 new text begin Subd. 4.new text end new text begin Refunding bonds.new text end new text begin The commissioner may issue bonds to refund new text end
10.21new text begin outstanding bonds issued under subdivision 1, including the payment of any redemption new text end
10.22new text begin premiums on the bonds and any interest accrued or to accrue to the first redemption date new text end
10.23new text begin after delivery of the refunding bonds. The proceeds of the refunding bonds may, at the new text end
10.24new text begin discretion of the commissioner, be applied to the purchases or payment at maturity of the new text end
10.25new text begin bonds to be refunded, or the redemption of the outstanding bonds on the first redemption new text end
10.26new text begin date after delivery of the refunding bonds and may, until so used, be placed in escrow to new text end
10.27new text begin be applied to the purchase, retirement, or redemption. Refunding bonds issued under this new text end
10.28new text begin subdivision must be issued and secured in the manner provided by the commissioner.new text end
10.29 new text begin Subd. 5.new text end new text begin Not a general or moral obligation.new text end new text begin Bonds issued under this section are new text end
10.30new text begin not public debt, and the full faith, credit, and taxing powers of the state are not pledged new text end
10.31new text begin for their payment. The bonds may not be paid, directly in whole or in part from a tax of new text end
10.32new text begin statewide application on any class of property, income, transaction, or privilege. Payment new text end
10.33new text begin of the bonds is limited to the revenues explicitly authorized to be pledged under this new text end
10.34new text begin section. The state neither makes nor has a moral obligation to pay the bonds if the pledged new text end
10.35new text begin revenues and other legal security for them is insufficient.new text end
11.1 new text begin Subd. 6.new text end new text begin Trustee.new text end new text begin The commissioner may contract with and appoint a trustee for new text end
11.2new text begin bond holders. The trustee has the powers and authority vested in it by the commissioner new text end
11.3new text begin under the bond and trust indentures.new text end
11.4 new text begin Subd. 7.new text end new text begin Pledges.new text end new text begin A pledge made by the commissioner is valid and binding from new text end
11.5new text begin the time the pledge is made. The money or property pledged and later received by the new text end
11.6new text begin commissioner is immediately subject to the lien of the pledge without any physical new text end
11.7new text begin delivery of the property or money or further act, and the lien of the pledge is valid and new text end
11.8new text begin binding as against all parties having claims of any kind in tort, contract, or otherwise new text end
11.9new text begin against the commissioner, whether or not those parties have notice of the lien or pledge. new text end
11.10new text begin Neither the order nor any other instrument by which a pledge is created need be recorded.new text end
11.11 new text begin Subd. 8.new text end new text begin Bonds; purchase and cancellation.new text end new text begin The commissioner, subject to new text end
11.12new text begin agreements with bondholders that may then exist, may, out of any money available for the new text end
11.13new text begin purpose, purchase bonds of the commissioner at a price not exceeding (1) if the bonds are new text end
11.14new text begin then redeemable, the redemption price then applicable plus accrued interest to the next new text end
11.15new text begin interest payment date thereon, or (2) if the bonds are not redeemable, the redemption price new text end
11.16new text begin applicable on the first date after the purchase upon which the bonds become subject to new text end
11.17new text begin redemption plus accrued interest to that date.new text end
11.18 new text begin Subd. 9.new text end new text begin State pledge against impairment of contracts.new text end new text begin The state pledges and new text end
11.19new text begin agrees with the holders of any bonds that the state will not limit or alter the rights vested in new text end
11.20new text begin the commissioner to fulfill the terms of any agreements made with the bondholders, or new text end
11.21new text begin in any way impair the rights and remedies of the holders until the bonds, together with new text end
11.22new text begin interest on them, with interest on any unpaid installments of interest, and all costs and new text end
11.23new text begin expenses in connection with any action or proceeding by or on behalf of the bondholders, new text end
11.24new text begin are fully met and discharged. The commissioner may include this pledge and agreement new text end
11.25new text begin of the state in any agreement with the holders of bonds issued under this section.new text end
11.26new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
11.27 Sec. 9. new text begin [216C.42] DEFINITIONS.new text end
11.28 new text begin Subdivision 1.new text end new text begin Scope.new text end new text begin For the purpose of this section and section 216C.43, the terms new text end
11.29new text begin defined in this section have the meanings given them.new text end
11.30 new text begin Subd. 2.new text end new text begin Energy improvement project.new text end new text begin "Energy improvement project" means new text end
11.31new text begin a project to improve energy efficiency in a building or facility, including the design, new text end
11.32new text begin acquisition, installation, construction, and commissioning of equipment or improvements new text end
11.33new text begin to a building or facility, and training of building or facility staff necessary to properly new text end
11.34new text begin operate and maintain the equipment or improvements.new text end
12.1 new text begin Subd. 3.new text end new text begin Energy project study.new text end new text begin "Energy project study" means a technical and new text end
12.2new text begin financial study of one or more energy improvement projects, including:new text end
12.3 new text begin (1) an analysis of historical energy consumption and cost data;new text end
12.4 new text begin (2) a description of existing equipment, structural elements, operating characteristics, new text end
12.5new text begin and other conditions affecting energy use;new text end
12.6 new text begin (3) a description of the proposed energy improvement projects;new text end
12.7 new text begin (4) a detailed budget for the proposed project; new text end
12.8 new text begin (5) calculations sufficient to demonstrate the expected energy savings; andnew text end
12.9 new text begin (6) if a geothermal energy improvement, whether the project is calculated to produce new text end
12.10new text begin savings in terms of nongeothermal energy and costs.new text end
12.11 new text begin Subd. 4.new text end new text begin Financing agreement.new text end new text begin "Financing agreement" means a tax-exempt new text end
12.12new text begin lease-purchase agreement entered into by a local government and a financial institution new text end
12.13new text begin under a standard project financing agreement offered under section 216C.43, subdivision 6.new text end
12.14 new text begin Subd. 5.new text end new text begin Local government.new text end new text begin "Local government" means a Minnesota county, new text end
12.15new text begin statutory or home rule charter city, town, school district, park district, or any combination new text end
12.16new text begin of those units operating under an agreement to exercise powers jointly.new text end
12.17 new text begin Subd. 6.new text end new text begin Program.new text end new text begin "Program" means the energy improvement financing program new text end
12.18new text begin for local governments authorized by section 216C.43.new text end
12.19 new text begin Subd. 7.new text end new text begin Supplemental cash flow agreement.new text end new text begin "Supplemental cash flow agreement" new text end
12.20new text begin means an agreement by the commissioner to lend funds to a local government up to an new text end
12.21new text begin amount necessary to ensure that the cumulative payments made by the local government new text end
12.22new text begin under a financing agreement minus the amount loaned by the commissioner do not exceed new text end
12.23new text begin the actual energy and operating cost savings attributable to the energy improvement new text end
12.24new text begin project for the term of the supplemental cash flow agreement.new text end
12.25 Sec. 10. new text begin [216C.43] ENERGY IMPROVEMENT FINANCING PROGRAM FOR new text end
12.26new text begin LOCAL GOVERNMENT.new text end
12.27 new text begin Subdivision 1.new text end new text begin Commissioner's authority and duties; local government new text end
12.28new text begin authority.new text end new text begin The commissioner shall administer this section. A local government may new text end
12.29new text begin enter into contracts for the purposes of this section with the commissioner, the primary new text end
12.30new text begin contractor, other contracted technical service providers, and participating financial new text end
12.31new text begin institutions.new text end
12.32 new text begin Subd. 2.new text end new text begin Program eligibility; voluntary program participation; targeted new text end
12.33new text begin technical services.new text end new text begin A local government may elect to participate in the program. The new text end
12.34new text begin commissioner may prioritize and target technical services offered under subdivision 4 new text end
13.1new text begin to local governments that the commissioner determines offer the greatest potential for new text end
13.2new text begin cost-effective energy improvement projects.new text end
13.3 new text begin Subd. 3.new text end new text begin Primary contractor for technical, financial, and program management new text end
13.4new text begin services.new text end new text begin The commissioner may enter into a contract for the delivery of technical new text end
13.5new text begin services, financial management, marketing, and administrative services necessary for new text end
13.6new text begin implementation of the program.new text end
13.7 new text begin Subd. 4.new text end new text begin Targeted technical services.new text end new text begin The commissioner shall offer technical new text end
13.8new text begin services to targeted local governments to conduct energy project studies. The new text end
13.9new text begin commissioner may contract with one or more qualified technical service providers to new text end
13.10new text begin conduct energy project studies for targeted local governments. The commissioner may new text end
13.11new text begin require full or partial reimbursement of costs for technical services provided to a local new text end
13.12new text begin government, subject to terms and conditions specified and agreed to by contract before new text end
13.13new text begin the delivery of technical services. A local government may independently procure new text end
13.14new text begin technical services to conduct an energy project study, but the energy project study must be new text end
13.15new text begin reviewed and approved by the commissioner to qualify an energy improvement project new text end
13.16new text begin for a financing agreement under subdivision 6 or a supplemental cash flow agreement new text end
13.17new text begin under subdivision 7.new text end
13.18 new text begin Subd. 5.new text end new text begin Participation of technical service providers statewide.new text end new text begin Program new text end
13.19new text begin activities must be implemented to encourage statewide participation of engineers, new text end
13.20new text begin architects, energy auditors, contractors, and other technical service providers. The new text end
13.21new text begin commissioner may provide training on energy project study requirements and procedures new text end
13.22new text begin to technical service providers.new text end
13.23 new text begin Subd. 6.new text end new text begin Standard project financing agreement.new text end new text begin The commissioner shall solicit new text end
13.24new text begin proposals from private financial institutions and may enter into a standard project new text end
13.25new text begin financing agreement with one or more financial institutions. A standard project financing new text end
13.26new text begin agreement must specify terms and conditions uniformly available to all participating new text end
13.27new text begin public entities for financing to implement energy improvement projects under this section. new text end
13.28new text begin A local government may choose to finance an energy improvement project by means other new text end
13.29new text begin than a standard project financing agreement, but a supplemental cash flow agreement new text end
13.30new text begin under subdivision 7 must not be offered unless the commissioner determines that the other new text end
13.31new text begin financing means creates no greater potential obligation under a supplemental cash flow new text end
13.32new text begin agreement than would be created through a standard project financing agreement.new text end
13.33 new text begin Subd. 7.new text end new text begin Supplemental cash flow agreement.new text end new text begin (a) The commissioner may offer new text end
13.34new text begin a supplemental cash flow agreement to a participating local government for qualifying new text end
13.35new text begin energy improvement projects. The term of a supplemental cash flow agreement may not new text end
14.1new text begin exceed 15 years. Terms and conditions of a supplemental cash flow agreement must be new text end
14.2new text begin agreed to by contract prior to a local government entering into a financing agreement.new text end
14.3 new text begin (b) A supplemental cash flow agreement must include, but is not limited to:new text end
14.4 new text begin (1) specification of methods and procedures to measure and verify energy cost new text end
14.5new text begin savings;new text end
14.6 new text begin (2) obligations of the local government to operate and maintain the energy new text end
14.7new text begin improvements;new text end
14.8 new text begin (3) procedures to modify the supplemental cash flow agreement if the local new text end
14.9new text begin government modifies operating characteristics of its building or facility in a manner that new text end
14.10new text begin adversely affects energy cost savings;new text end
14.11 new text begin (4) interest charged on the loan, which may not exceed the interest on the related new text end
14.12new text begin financial agreement; andnew text end
14.13 new text begin (5) procedures for resolution of disputes.new text end
14.14 new text begin (c) The commissioner must limit aggregate exposure to liability for payments under new text end
14.15new text begin existing supplemental cash flow agreements to an amount no more than the appropriation new text end
14.16new text begin available to make those payments.new text end
14.17 new text begin Subd. 8.new text end new text begin Qualifying energy improvement projects.new text end new text begin A local government may new text end
14.18new text begin submit to the commissioner, on a form prescribed by the commissioner, an application for new text end
14.19new text begin a financing agreement authorization and supplemental cash flow agreement for energy new text end
14.20new text begin improvement projects. The commissioner shall approve an energy improvement project new text end
14.21new text begin for a supplemental cash flow agreement and authorize eligibility for a financing agreement new text end
14.22new text begin if the commissioner determines that:new text end
14.23 new text begin (1) the application has been approved by the governing body or agency head of the new text end
14.24new text begin local government;new text end
14.25 new text begin (2) the project is technically and economically feasible;new text end
14.26 new text begin (3) the local government has made adequate provision for the operation and new text end
14.27new text begin maintenance of the project;new text end
14.28 new text begin (4) the project proposer has fully explored the use of conservation investment plan new text end
14.29new text begin opportunities under section 216B.241 with the utilities providing gas and electric service new text end
14.30new text begin to the project;new text end
14.31 new text begin (5) the project is calculated to result in a positive cash flow in each year the financing new text end
14.32new text begin agreement is in effect; andnew text end
14.33 new text begin (6) adequate money will be available to the commissioner to fulfill the supplemental new text end
14.34new text begin cash flow agreement.new text end
14.35new text begin Energy improvement projects under this section are not subject to section 123B.71.new text end
15.1 new text begin Subd. 9.new text end new text begin Program costs.new text end new text begin Program costs incurred by the commissioner or a public new text end
15.2new text begin entity that are not direct costs to implement energy improvement projects may be paid new text end
15.3new text begin with program money appropriated under subdivision 10.new text end
15.4 new text begin Subd. 10.new text end new text begin Funding; appropriation; receipts.new text end new text begin Petroleum violation escrow funds new text end
15.5new text begin appropriated to the commissioner by Laws 1988, chapter 686, article 1, section 38, for new text end
15.6new text begin state energy loan programs for schools, hospitals, and public buildings, and reappropriated new text end
15.7new text begin by Laws 2007, chapter 57, article 2, section 30, are appropriated to the commissioner new text end
15.8new text begin for the purposes of this section and are available until spent. The commissioner may new text end
15.9new text begin transfer up to $1,000,000 of this appropriation to the commissioner of administration for new text end
15.10new text begin the purposes of section 16B.322.new text end
15.11 new text begin Subd. 11.new text end new text begin CIP energy savings goals.new text end new text begin A utility or association may count toward its new text end
15.12new text begin energy savings goals under section 216B.241, subdivision 1c, the energy savings resulting new text end
15.13new text begin from its investment in an energy improvement project.new text end
15.14 new text begin Subd. 12.new text end new text begin Report.new text end new text begin Beginning January 15, 2009, and each year thereafter, the new text end
15.15new text begin commissioner shall submit to the chairs and ranking minority members of the senate and new text end
15.16new text begin house committees on energy finance a report containing, at a minimum, the following new text end
15.17new text begin information regarding projects implemented under this section:new text end
15.18 new text begin (1) the total number of projects;new text end
15.19 new text begin (2) the amount of calculated and, if available, actual energy savings for each project;new text end
15.20 new text begin (3) the cost of each project; andnew text end
15.21 new text begin (4) the total amount paid for technical services provided under subdivision 4 for new text end
15.22new text begin each project.new text end
15.23 Sec. 11. Minnesota Statutes 2007 Supplement, section 471.345, subdivision 13,
15.24is amended to read:
15.25 Subd. 13. Energy efficiency projects. The following definitions apply to this
15.26subdivision.
15.27 (a) "Energy conservation measure" means a training program or facility alteration
15.28designed to reduce energy consumption or operating costs and includes:
15.29 (1) insulation of the building structure and systems within the building;
15.30 (2) storm windows and doors, caulking or weatherstripping, multiglazed windows
15.31and doors, heat absorbing or heat reflective glazed and coated window and door
15.32systems, additional glazing, reductions in glass area, and other window and door system
15.33modifications that reduce energy consumption;
15.34 (3) automatic energy control systems;
15.35 (4) heating, ventilating, or air conditioning system modifications or replacements;
16.1 (5) replacement or modifications of lighting fixtures to increase the energy efficiency
16.2of the lighting system without increasing the overall illumination of a facility, unless an
16.3increase in illumination is necessary to conform to the applicable state or local building
16.4code for the lighting system after the proposed modifications are made;
16.5 (6) energy recovery systems;
16.6 (7) cogeneration systems that produce steam or forms of energy such as heat, as well
16.7as electricity, for use primarily within a building or complex of buildings;
16.8 (8) energy conservation measures that provide long-term operating cost reductions.
16.9 (b) "Guaranteed energy savings contract" means a contract for the evaluation
16.10and recommendations of energy conservation measures, and for one or more energy
16.11conservation measures. The contract must provide that all payments, except obligations
16.12on termination of the contract before its expiration, are to be made over time, but not to
16.13exceed 15 new text begin 20 new text end years from the date of final installation, and the savings are guaranteed to
16.14the extent necessary to make payments for the systems.
16.15 (c) "Qualified provider" means a person or business experienced in the design,
16.16implementation, and installation of energy conservation measures. A qualified provider
16.17to whom the contract is awarded shall give a sufficient bond to the municipality for its
16.18faithful performance.
16.19 Notwithstanding any law to the contrary, a municipality may enter into a guaranteed
16.20energy savings contract with a qualified provider to significantly reduce energy or
16.21operating costs.
16.22 Before entering into a contract under this subdivision, the municipality shall provide
16.23published notice of the meeting in which it proposes to award the contract, the names of
16.24the parties to the proposed contract, and the contract's purpose.
16.25 Before installation of equipment, modification, or remodeling, the qualified provider
16.26shall first issue a report, summarizing estimates of all costs of installations, modifications,
16.27or remodeling, including costs of design, engineering, installation, maintenance, repairs,
16.28or debt service, and estimates of the amounts by which energy or operating costs will be
16.29reduced.
16.30 A guaranteed energy savings contract that includes a written guarantee that savings
16.31will meet or exceed the cost of energy conservation measures is not subject to competitive
16.32bidding requirements of section
471.345 or other law or city charter. The contract is
16.33not subject to section
123B.52.
16.34 A municipality may enter into a guaranteed energy savings contract with a qualified
16.35provider if, after review of the report, it finds that the amount it would spend on the energy
16.36conservation measures recommended in the report is not likely to exceed the amount to be
17.1saved in energy and operation costs over 15 new text begin 20 new text end years from the date of new text begin finalnew text end installation if
17.2the recommendations in the report were followed, and the qualified provider provides a
17.3written guarantee that the energy or operating cost savings will meet or exceed the costs
17.4of the system. The guaranteed energy savings contract may provide for payments over a
17.5period of time, not to exceed 15 new text begin 20 new text end years.
17.6 A municipality may enter into an installment payment contract for the purchase and
17.7installation of energy conservation measures. The contract must provide for payments of
17.8not less than 1/15 new text begin 1/20 new text end of the price to be paid within two years from the date of the first
17.9operation, and the remaining costs to be paid monthly, not to exceed a 15-year new text begin 20-year new text end
17.10term from the date of the first operationnew text begin final acceptancenew text end .
17.11 A municipality entering into a guaranteed energy savings contract shall provide a
17.12copy of the contract and the report from the qualified provider to the commissioner of
17.13commerce within 30 days of the effective date of the contract.
17.14 Guaranteed energy savings contracts may extend beyond the fiscal year in which
17.15they become effective. The municipality shall include in its annual appropriations measure
17.16for each later fiscal year any amounts payable under guaranteed energy savings contracts
17.17during the year. Failure of a municipality to make such an appropriation does not affect
17.18the validity of the guaranteed energy savings contract or the municipality's obligations
17.19under the contracts.
17.20 Sec. 12. new text begin REPORT TO COMMISSIONER OF EDUCATION.new text end
17.21 new text begin The commissioner of commerce must report to the commissioner of education by new text end
17.22new text begin January 15, 2009, and January 15, 2010, the school districts that have applied for financing new text end
17.23new text begin under Minnesota Statutes, section 216C.43. The report must indicate the type of project new text end
17.24new text begin for which each district requested approval, the amount of the loan requested, and whether new text end
17.25new text begin the project was approved. If the district's project was not approved, the commissioner new text end
17.26new text begin must report the reason for the lack of approval. This section expires January 16, 2010.new text end
17.27 Sec. 13. new text begin REPORT; GREEN STAR AWARD EXPANSION.new text end
17.28 new text begin The Pollution Control Agency and the Office of Energy Security in the Department new text end
17.29new text begin of Commerce shall, in collaboration with the clean energy resource teams (CERT's), new text end
17.30new text begin submit a report by February 2, 2009, to the chairs and ranking minority members of the new text end
17.31new text begin senate and house of representatives committees with primary jurisdiction over energy new text end
17.32new text begin policy that makes recommendations regarding how to expand eligibility to receive the new text end
17.33new text begin Green Star award, described in Minnesota Statutes, section 114C.25, to include cities and new text end
17.34new text begin communities that take action to help meet the state's greenhouse gas emissions reduction new text end
17.35new text begin goals established in Minnesota Statutes, section 216H.02, subdivision 1. The report must new text end
17.36new text begin address, at a minimum, the following issues:new text end
18.1 new text begin (1) the criteria for actions cities and communities must take in order to receive a new text end
18.2new text begin Green Star award;new text end
18.3 new text begin (2) what entity or entities would issue the award;new text end
18.4 new text begin (3) the length of time during which the award may be displayed;new text end
18.5 new text begin (4) existing state financial and technical assistance available to communities and new text end
18.6new text begin cities to assist them to reduce greenhouse gas emissions;new text end
18.7 new text begin (5) sources of additional funding needed to implement the program; andnew text end
18.8 new text begin (6) any other issues that need to be resolved in order to implement the program.new text end
18.9 Sec. 14. new text begin GREEN ECONOMY REPORT.new text end
18.10 new text begin (a) Each state agency, other than the Iron Range Resources and Rehabilitation new text end
18.11new text begin Board or the Office of the Commissioner of Iron Range Resources and Rehabilitation, new text end
18.12new text begin that administers a loan or grant program must assess those programs to determine new text end
18.13new text begin their potential to advance or promote the growth of the green economy, as defined in new text end
18.14new text begin Minnesota Statutes, section 116J.437. An agency must report on its determination to the new text end
18.15new text begin commissioner of commerce by September 15, 2008.new text end
18.16 new text begin (b) If a program is determined to have significant potential, the agency must develop new text end
18.17new text begin a plan to integrate program elements appropriate to that program to advance or promote new text end
18.18new text begin the growth of the green economy in this state. An agency must report on its plan to the new text end
18.19new text begin commissioner of commerce by November 15, 2008.new text end
18.20 new text begin (c) The commissioner of commerce, in consultation with the commissioner of new text end
18.21new text begin employment and economic development, must develop guidelines to be followed by state new text end
18.22new text begin agencies in complying with this section.new text end
18.23 new text begin (d) By January 15, 2009, the commissioner of commerce, in consultation with the new text end
18.24new text begin commissioner of employment and economic development, must submit a report containing new text end
18.25new text begin the plans developed under paragraph (b), and any recommended implementing legislation, new text end
18.26new text begin to the chairs and ranking minority members of the senate and house committees with new text end
18.27new text begin primary jurisdiction over energy, environmental and economic development policy, and new text end
18.28new text begin finance.new text end
18.29 new text begin (e) The commissioner of commerce may contract for services to fulfill the new text end
18.30new text begin commissioner's duties under this section.new text end
18.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
18.32 Sec. 15. new text begin GREEN JOBS TASK FORCE.new text end
18.33 new text begin Subdivision 1.new text end new text begin Task force.new text end new text begin (a) A Green Jobs Task Force is created to advise and new text end
18.34new text begin assist the governor and legislature regarding activities to advance the state's economy, and new text end
19.1new text begin to develop a statewide action plan as provided under subdivision 2. The task force shall new text end
19.2new text begin be appointed no later than June 30, 2008, and consist of:new text end
19.3 new text begin (1) three members of the house of representatives, including one member of the new text end
19.4new text begin minority party appointed by the speaker;new text end
19.5 new text begin (2) three members of the senate appointed by the Subcommittee on Committees of new text end
19.6new text begin the Committee on Rules and Administration, including one member of the minority;new text end
19.7 new text begin (3) seven representatives from state agencies and institutions appointed by the new text end
19.8new text begin governor, including one member from the Office of Energy Security, one member from new text end
19.9new text begin the Department of Employment and Economic Development, one member from the Job new text end
19.10new text begin Skills Partnership Board, one member from the University of Minnesota, one member new text end
19.11new text begin from Minnesota State Colleges and Universities, one member from the Pollution Control new text end
19.12new text begin Agency, and one member from the Department of Natural Resources;new text end
19.13 new text begin (4) three public members appointed by the governor, including one member new text end
19.14new text begin representing the manufacturing industry, one member representing a statewide new text end
19.15new text begin organization dedicated to commerce, and one member representing the Agricultural new text end
19.16new text begin Utilization Research Institute; new text end
19.17 new text begin (5) four public members appointed by the speaker of the house of representatives, new text end
19.18new text begin including one member representing labor, one member representing a statewide new text end
19.19new text begin environmental organization, one member representing financial institutions or venture new text end
19.20new text begin capital, and one member from a local economic development authority from greater new text end
19.21new text begin Minnesota; andnew text end
19.22 new text begin (6) four public members appointed by the senate Subcommittee on Committees new text end
19.23new text begin of the Committee on Rules and Administration, including one member from a local new text end
19.24new text begin economic development authority from the metropolitan area, one member from a new text end
19.25new text begin statewide organization dedicated to furthering the green economy, one member from a new text end
19.26new text begin firm currently engaged in green manufacturing, and one local workforce development new text end
19.27new text begin representative from an area that has experienced significant manufacturing job loss.new text end
19.28 new text begin (b) The commissioner of commerce, in cooperation with the commissioner of new text end
19.29new text begin employment and economic development, shall provide staff support to the task force. The new text end
19.30new text begin task force may accept outside resources to help support its efforts.new text end
19.31 new text begin (c) Each of the legislative appointing authorities must name a cochair of the task new text end
19.32new text begin force from the legislative members appointed by that authority.new text end
19.33 new text begin (d) Public members of the task force must be compensated as provided in Minnesota new text end
19.34new text begin Statutes, section 15.059, subdivision 3.new text end
19.35 new text begin Subd. 2.new text end new text begin Duties.new text end new text begin (a) By January 15, 2009, the task force shall develop and present to new text end
19.36new text begin the legislature under Minnesota Statutes, section 3.195, and to the governor a statewide new text end
20.1new text begin action plan to optimize the growth of the green economy. For the purpose of this section, new text end
20.2new text begin "green economy" has the meaning given it by Minnesota Statutes, section 116J.437.new text end
20.3 new text begin (b) The plan must include necessary draft legislation and budget requests and may new text end
20.4new text begin include administrative actions of governmental entities, collaborative actions, and actions new text end
20.5new text begin of individuals and individual organizations. The plan must be developed following the new text end
20.6new text begin analysis described in this paragraph and must be based on the analysis. The analysis new text end
20.7new text begin must include:new text end
20.8 new text begin (1) a market analysis of the business opportunities and needs created by the laws new text end
20.9new text begin enumerated in paragraph (a), including local, state, national, and international markets;new text end
20.10 new text begin (2) an analysis of the labor force needs related to the market analysis opportunities new text end
20.11new text begin identified in clause (1), including educational, training, and retraining needs; andnew text end
20.12 new text begin (3) an inventory of the current labor and business assets available to respond to the new text end
20.13new text begin opportunities identified in clause (1) and the labor needs identified in clause (2).new text end
20.14new text begin The task force shall contract for the analysis required by this paragraph.new text end
20.15 new text begin Subd. 3.new text end new text begin Expiration.new text end new text begin The task force expires June 30, 2009.new text end
20.16new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
20.17 Sec. 16. new text begin REPEALER.new text end
20.18new text begin Laws 2007, chapter 57, article 2, section 30, new text end new text begin is repealed.new text end
20.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end "
20.20Delete the title and insert:
20.21"A bill for an act
20.22relating to energy; creating programs for government energy conservation
20.23investments; removing rulemaking requirement for certain loan and grant
20.24programs; establishing microenergy loan program; authorizing issuance of
20.25state revenue bonds; modifying provision allowing guaranteed energy savings
20.26contracts; modifying or adding provisions relating to green economy activities;
20.27creating Green Jobs Task Force; requiring reports; appropriating money;
20.28amending Minnesota Statutes 2006, sections 116J.8731, subdivision 4; 216C.09;
20.29Minnesota Statutes 2007 Supplement, sections 116J.575, subdivision 1a;
20.30471.345, subdivision 13; proposing coding for new law in Minnesota Statutes,
20.31chapters 16B; 116J; 216C; repealing Laws 2007, chapter 57, article 2, section 30."
We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) D. Scott Dibble, Julie A. Rosen, Ellen R. AndersonHouse Conferees: (Signed) Jeremy Kalin, Andy Welti, Doug Magnus
21.1
We request the adoption of this report and repassage of the bill.
21.2
Senate Conferees:(Signed)
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D. Scott Dibble
Julie A. Rosen
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Ellen R. Anderson
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House Conferees:(Signed)
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Jeremy Kalin
Andy Welti
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Doug Magnus