SF 3337

CCR--SF3337B - 85th Legislature (2007 - 2008)

Posted on 01/15/2013 08:28 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 3337 1.2A bill for an act 1.3relating to energy; creating coordinated process for reducing greenhouse gas 1.4emissions; proposing coding for new law in Minnesota Statutes, chapter 216H. 1.5May 5, 2008 1.6The Honorable James P. Metzen 1.7President of the Senate 1.8The Honorable Margaret Anderson Kelliher 1.9Speaker of the House of Representatives 1.10We, the undersigned conferees for S.F. No. 3337 report that we have agreed upon 1.11the items in dispute and recommend as follows: 1.12That the House recede from its amendments and that S.F. No. 3337 be further 1.13amended as follows: 1.14Delete everything after the enacting clause and insert: 1.15"ARTICLE 1 1.16UTILITIES 1.17    Section 1. Minnesota Statutes 2006, section 115C.04, subdivision 3, is amended to read: 1.18    Subd. 3. Agency Cost recovery; subrogation. Reasonable and necessary expenses 1.19incurred by the agency in taking a corrective action, including costs of investigating 1.20a release, administrative and legal expenses, and reimbursement costs described in 1.21subdivision 1, paragraph (b), may be recovered in a civil action in district court brought by 1.22the attorney general new text begin on behalf of the board new text end against a responsible person. The agency's 1.23certification of expenses is prima facie evidence that the expenses are reasonable and 1.24necessary. If the responsible person has petroleum tank leakage or spill insurance 1.25coverage that insures against the liability provided in this section, the agency new text begin board new text end is 1.26subrogated to the rights of the responsible person with respect to that insurance coverage, 1.27to the extent of the expenses incurred by the agency and described in this subdivision. 1.28The agency new text begin board new text end may request the attorney general to bring an action in district court 2.1against the insurer to enforce this subrogation right. Expenses that are recovered under 2.2this section must be deposited in the fund. 2.3    Sec. 2. Minnesota Statutes 2006, section 115C.09, subdivision 3h, is amended to read: 2.4    Subd. 3h. Reimbursement; aboveground tanks in bulk plants. (a) As used in 2.5this subdivision, "bulk plant" means an aboveground or underground tank facility with a 2.6storage capacity of more than 1,100 gallons but less than 1,000,000 gallons that is used to 2.7dispense petroleum into cargo tanks for transportation and sale at another location. 2.8    (b) Notwithstanding any other provision in this chapter and any rules adopted 2.9pursuant to this chapter, the board shall reimburse 90 percent of an applicant's cost for bulk 2.10plant upgrades or closures completed between June 1, 1998, and November 1, 2003, to 2.11comply with Minnesota Rules, chapter 7151, provided that the board determines the costs 2.12were incurred and reasonable. The reimbursement may not exceed $10,000 per bulk plant. 2.13The board may provide reimbursement under this paragraph for work completed after 2.14November 1, 2003, if the work was contracted for prior to that date and was not completed 2.15by that date as a result of an unanticipated situation, provided that an application for 2.16reimbursement under this paragraph, which may be a renewal of an application previously 2.17denied, is submitted prior to December 31, 2005. 2.18    (c) For corrective action at a bulk plant located on what is or was railroad 2.19right-of-way, the board shall reimburse 90 percent of total reimbursable costs on the first 2.20$40,000 of reimbursable costs and 100 percent of any remaining reimbursable costs when 2.21the applicant can document that more than one bulk plant was operated on the same 2.22section of right-of-way, as determined by the commissioner of commerce. 2.23    Sec. 3. Minnesota Statutes 2006, section 115C.09, is amended by adding a subdivision 2.24to read: 2.25     new text begin Subd. 3k. new text end new text begin PVC piping at residential locations. new text end new text begin (a) This subdivision is to assist new text end 2.26 new text begin homeowners who have installed PVC fill piping as part of the heating oil system at their new text end 2.27 new text begin residences. Replacement of the PVC piping with metal piping is intended to avoid the new text end 2.28 new text begin catastrophic release of heating oil, as well as the ensuing cleanup costs, that can occur new text end 2.29 new text begin at residences where the PVC piping fails. new text end 2.30     new text begin (b) As used in this subdivision: new text end 2.31     new text begin (1) "residential locations" means a storage tank and appurtenances for heating oil new text end 2.32 new text begin that are used to heat a single-family residence; and new text end 3.1     new text begin (2) "qualified person" means someone who is registered as a contractor under section new text end 3.2 new text begin 115C.11 and, as part of their trade or business, installs or repairs nonpressure piping, new text end 3.3 new text begin heating systems, air conditioning systems, or storage tank systems. new text end 3.4     new text begin (c) Notwithstanding any other provision of this chapter or any rules adopted new text end 3.5 new text begin under this chapter, the board shall reimburse a qualified person 90 percent of the cost new text end 3.6 new text begin for replacing PVC fill piping with metal piping at residential locations between May 1, new text end 3.7 new text begin 2008, and September 1, 2011, provided that the board determines the costs were incurred new text end 3.8 new text begin and reasonable. The reimbursement may not exceed $250 per residential location. The new text end 3.9 new text begin maximum expenditure from the fund may not exceed $1,500,000. new text end 3.10     new text begin (d) A heating oil vendor is not a responsible person for a heating oil spill inside a new text end 3.11 new text begin residential location if the spill was caused solely by the failure of a tank or appurtenance new text end 3.12 new text begin to a tank owned by the homeowner. new text end 3.13    Sec. 4. new text begin [117.054] COPIES OF APPRAISAL TO LANDOWNER. new text end 3.14     new text begin A public utility, municipal utility, cooperative electric association, natural gas new text end 3.15 new text begin pipeline or crude oil or petroleum products pipeline company must provide the property new text end 3.16 new text begin owner with a copy of each appraisal it has obtained for a property before presenting new text end 3.17 new text begin a petition under section 117.055 to acquire the property. new text end 3.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2008, and applies to new text end 3.19 new text begin eminent domain proceedings commenced on or after October 1, 2008. new text end 3.20    Sec. 5. Minnesota Statutes 2006, section 216B.16, subdivision 7b, is amended to read: 3.21    Subd. 7b. Transmission cost adjustment. (a) Notwithstanding any other provision 3.22of this chapter, the commission may approve a tariff mechanism for the automatic annual 3.23adjustment of charges for the Minnesota jurisdictional costs of new text begin : (i) new text end new transmission 3.24facilities that have been separately filed and reviewed and approved by the commission 3.25under section 216B.243 or are certified as a priority project or deemed to be a priority 3.26transmission project under section 216B.2425 new text begin ; and (ii) charges incurred by a utility that new text end 3.27 new text begin accrue from other transmission owners' regionally planned transmission projects that have new text end 3.28 new text begin been determined by the Midwest Independent System Operator to benefit the utility, as new text end 3.29 new text begin provided for under a federally approved tariff new text end . 3.30    (b) Upon filing by a public utility or utilities providing transmission service, the 3.31commission may approve, reject, or modify, after notice and comment, a tariff that: 3.32    (1) allows the utility to recover on a timely basis the costs net of revenues of 3.33facilities approved under section 216B.243 or certified or deemed to be certified under 3.34section 216B.2425 new text begin or exempt from the requirements of section 216B.243 new text end ; 4.1    (2) new text begin allows the charges incurred by a utility that accrue from other transmission new text end 4.2 new text begin owners' regionally planned transmission projects that have been determined by the new text end 4.3 new text begin Midwest Independent System Operator to benefit the utility, as provided for under a new text end 4.4 new text begin federally approved tariff. These charges must be reduced or offset by revenues received new text end 4.5 new text begin by the utility and by amounts the utility charges to other regional transmission owners, to new text end 4.6 new text begin the extent those revenues and charges have not been otherwise offset; new text end 4.7     new text begin (3) new text end allows a return on investment at the level approved in the utility's last general 4.8rate case, unless a different return is found to be consistent with the public interest; 4.9    (3) new text begin (4) new text end provides a current return on construction work in progress, provided that 4.10recovery from Minnesota retail customers for the allowance for funds used during 4.11construction is not sought through any other mechanism; 4.12    (4) new text begin (5) new text end allows for recovery of other expenses if shown to promote a least-cost project 4.13option or is otherwise in the public interest; 4.14    (5) new text begin (6) new text end allocates project costs appropriately between wholesale and retail customers; 4.15    (6) new text begin (7) new text end provides a mechanism for recovery above cost, if necessary to improve the 4.16overall economics of the project or projects or is otherwise in the public interest; and 4.17    (7) new text begin (8) new text end terminates recovery once costs have been fully recovered or have otherwise 4.18been reflected in the utility's general rates. 4.19    (c) A public utility may file annual rate adjustments to be applied to customer bills 4.20paid under the tariff approved in paragraph (b). In its filing, the public utility shall provide: 4.21    (1) a description of and context for the facilities included for recovery; 4.22    (2) a schedule for implementation of applicable projects; 4.23    (3) the utility's costs for these projects; 4.24    (4) a description of the utility's efforts to ensure the lowest costs to ratepayers for 4.25the project; and 4.26    (5) calculations to establish that the rate adjustment is consistent with the terms 4.27of the tariff established in paragraph (b). 4.28    (d) Upon receiving a filing for a rate adjustment pursuant to the tariff established in 4.29paragraph (b), the commission shall approve the annual rate adjustments provided that, 4.30after notice and comment, the costs included for recovery through the tariff were or are 4.31expected to be prudently incurred and achieve transmission system improvements at the 4.32lowest feasible and prudent cost to ratepayers. 4.33    Sec. 6. Minnesota Statutes 2006, section 216B.1645, subdivision 1, is amended to read: 4.34    Subdivision 1. Commission authority. Upon the petition of a public utility, the 4.35Public Utilities Commission shall approve or disapprove power purchase contracts, 5.1investments, or expenditures entered into or made by the utility to satisfy the wind and 5.2biomass mandates contained in sections 216B.169, 216B.2423, and 216B.2424, and to 5.3satisfy the renewable energy objectives new text begin and standards new text end set forth in section 216B.1691, 5.4including reasonable investments and expenditures made to: 5.5    (1) transmit the electricity generated from sources developed under those sections 5.6that is ultimately used to provide service to the utility's retail customers, including 5.7studies necessary to identify new transmission facilities needed to transmit electricity to 5.8Minnesota retail customers from generating facilities constructed to satisfy the renewable 5.9energy objectives new text begin and standards new text end , provided that the costs of the studies have not been 5.10recovered previously under existing tariffs and the utility has filed an application for a 5.11certificate of need or for certification as a priority project under section 216B.2425 for the 5.12new transmission facilities identified in the studies; 5.13     new text begin (2) provide storage facilities for renewable energy generation facilities that new text end 5.14 new text begin contribute to the reliability, efficiency, or cost-effectiveness of the renewable facilities; new text end or 5.15    (2) new text begin (3) new text end develop renewable energy sources from the account required in section 5.16116C.779 . 5.17    Sec. 7. Minnesota Statutes 2006, section 216B.1645, subdivision 2, is amended to read: 5.18    Subd. 2. Cost recovery. The expenses incurred by the utility over the duration of 5.19the approved contract or useful life of the investment and expenditures made pursuant 5.20to section 116C.779 shall be recoverable from the ratepayers of the utility, to the extent 5.21they are not offset by utility revenues attributable to the contracts, investments, or 5.22expenditures. Upon petition by a public utility, the commission shall approve or approve 5.23as modified a rate schedule providing for the automatic adjustment of charges to recover 5.24the expenses or costs approved by the commission new text begin under subdivision 1 new text end , which, in the case 5.25of transmission expenditures, are limited to the portion of actual transmission costs that are 5.26directly allocable to the need to transmit power from the renewable sources of energy. The 5.27commission may not approve recovery of the costs for that portion of the power generated 5.28from sources governed by this section that the utility sells into the wholesale market. 5.29    Sec. 8. Minnesota Statutes 2007 Supplement, section 216B.1645, subdivision 2a, 5.30is amended to read: 5.31    Subd. 2a. Cost recovery for owned renewable facilities. (a) A utility may petition 5.32the commission to approve a rate schedule that provides for the automatic adjustment of 5.33charges to recover prudently incurred investments, expenses, or costs associated with 5.34facilities constructed, owned, or operated by a utility to satisfy the requirements of section 6.1216B.1691 , provided those facilities were previously approved by the commission under 6.2section 216B.2422 or new text begin 216B.243, or were determined by the commission to be reasonable new text end 6.3 new text begin and prudent under section new text end 216B.243 new text begin , subdivision 9 new text end . The commission may approve, or new text begin new text end 6.4approve as modified, a rate schedule that: 6.5    (1) allows a utility to recover directly from customers on a timely basis the costs of 6.6qualifying renewable energy projects, including: 6.7    (i) return on investment; 6.8    (ii) depreciation; 6.9    (iii) ongoing operation and maintenance costs; 6.10    (iv) taxes; and 6.11    (v) costs of transmission and other ancillary expenses directly allocable to 6.12transmitting electricity generated from a project meeting the specifications of this 6.13paragraph; 6.14    (2) provides a current return on construction work in progress, provided that recovery 6.15of these costs from Minnesota ratepayers is not sought through any other mechanism; 6.16    (3) allows recovery of other expenses incurred that are directly related to a 6.17renewable energy project, new text begin including expenses for energy storage, new text end provided that the 6.18utility demonstrates to the commission's satisfaction that the expenses improve project 6.19economics, ensure project implementation, or facilitate coordination with the development 6.20of transmission necessary to transport energy produced by the project to market; 6.21    (4) allocates recoverable costs appropriately between wholesale and retail customers; 6.22    (5) terminates recovery when costs have been fully recovered or have otherwise 6.23been reflected in a utility's rates. 6.24    (b) A petition filed under this subdivision must include: 6.25    (1) a description of the facilities for which costs are to be recovered; 6.26    (2) an implementation schedule for the facilities; 6.27    (3) the utility's costs for the facilities; 6.28    (4) a description of the utility's efforts to ensure that costs of the facilities are 6.29reasonable and were prudently incurred; and 6.30    (5) a description of the benefits of the project in promoting the development of 6.31renewable energy in a manner consistent with this chapter. 6.32    Sec. 9. Minnesota Statutes 2007 Supplement, section 216B.241, is amended by adding 6.33a subdivision to read: 6.34     new text begin Subd. 5a. new text end new text begin Qualifying solar energy project. new text end new text begin (a) A utility or association may include new text end 6.35 new text begin in its conservation plan programs for the installation of qualifying solar energy projects as new text end 7.1 new text begin defined by section 216B.2411 to the extent of the spending allowed for generation projects new text end 7.2 new text begin by section 216B.2411. The cost-effectiveness of a qualifying solar energy project may new text end 7.3 new text begin be determined by a different standard than for other energy conservation improvements new text end 7.4 new text begin under this section if the commissioner determines it is in the public interest to do so to new text end 7.5 new text begin encourage solar energy projects. Energy savings from qualifying solar energy projects new text end 7.6 new text begin may not be counted toward the minimum energy savings goal of at least one percent new text end 7.7 new text begin for energy conservation improvements required under subdivision 1c, but may, if the new text end 7.8 new text begin conservation plan is approved: new text end 7.9     new text begin (1) be counted toward energy savings above that minimum percentage; and new text end 7.10     new text begin (2) be considered when establishing performance incentives under section 216B.241, new text end 7.11 new text begin subdivision 2c. new text end 7.12     new text begin (b) Qualifying solar energy projects may not be considered when establishing new text end 7.13 new text begin demand-side management targets under sections 216B.2422, 216B.243, or any other new text end 7.14 new text begin section of this chapter. new text end 7.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 7.16    Sec. 10. Minnesota Statutes 2007 Supplement, section 216B.2411, subdivision 1, 7.17is amended to read: 7.18    Subdivision 1. Generation projects. (a) Any municipality or rural electric 7.19association providing electric service and subject to section 216B.241 that is meeting the 7.20objectives under section may, and each public utility may, use five percent 7.21of the total amount to be spent on energy conservation improvements under section 7.22216B.241 , on: 7.23    (1) projects in Minnesota to construct an electric generating facility that utilizes 7.24eligible renewable energy sources as defined in subdivision 2, such as methane or other 7.25combustible gases derived from the processing of plant or animal wastes, biomass fuels 7.26such as short-rotation woody or fibrous agricultural crops, or other renewable fuel, as its 7.27primary fuel source; or 7.28    (2) projects in Minnesota to install a distributed generation facility of ten megawatts 7.29or less of interconnected capacity that is fueled by natural gas, renewable fuels, or another 7.30similarly clean fuel. new text begin ; or new text end 7.31     new text begin (3) projects in Minnesota to install a qualifying solar energy project as defined in new text end 7.32 new text begin subdivision 2. new text end 7.33    (b) For public utilities, as defined under section 216B.02, subdivision 4, projects 7.34under this section must be considered energy conservation improvements as defined in 7.35section 216B.241. For cooperative electric associations and municipal utilities, projects 8.1under this section must be considered load-management activities described in section 8.2216B.241, subdivision 1 . 8.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 8.4    Sec. 11. Minnesota Statutes 2006, section 216B.2411, subdivision 2, is amended to 8.5read: 8.6    Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this 8.7subdivision and section 216B.241, subdivision 1, have the meanings given them. 8.8    (b) "Eligible renewable energy sources" means fuels and technologies to generate 8.9electricity through the use of any of the resources listed in section 216B.1691, subdivision 8.101 , paragraph (a), clause (1), except that the term "biomass" has the meaning provided 8.11under paragraph (c) new text begin , and "solar" must be from a qualified solar energy project as defined in new text end 8.12 new text begin paragraph (d) new text end . 8.13    (c) "Biomass" includes: 8.14    (1) methane or other combustible gases derived from the processing of plant or 8.15animal material; 8.16    (2) alternative fuels derived from soybean and other agricultural plant oils or animal 8.17fats; 8.18    (3) combustion of barley hulls, corn, soy-based products, or other agricultural 8.19products; 8.20    (4) wood residue from the wood products industry in Minnesota or other wood 8.21products such as short-rotation woody or fibrous agricultural crops; and 8.22    (5) landfill gas, mixed municipal solid waste, and refuse-derived fuel from mixed 8.23municipal solid waste. 8.24     new text begin (d) "Qualifying solar energy project" means a qualifying solar thermal project or new text end 8.25 new text begin qualifying solar electric project. new text end 8.26     new text begin (e) "Qualifying solar thermal project" means a flat plate or evacuated tube that meets new text end 8.27 new text begin the requirements of section 216C.25 with a fixed orientation that collects the sun's radiant new text end 8.28 new text begin energy and transfers it to a storage medium for distribution as energy to heat or cool air or new text end 8.29 new text begin water, but does not include equipment used to heat water at a residential property (1) for new text end 8.30 new text begin domestic use if less than one-half of the energy used for that purpose is derived from the new text end 8.31 new text begin sun or (2) for use in a hot tub or swimming pool. new text end 8.32     new text begin (f) "Qualifying solar electric project" means solar electric equipment that meets the new text end 8.33 new text begin requirements of section 216C.25 with a total peak generating capacity of 100 kilowatts new text end 8.34 new text begin or less used for generating electricity primarily for use in a residential property or small new text end 8.35 new text begin business to reduce the effective electric load for that residence or small business. new text end 9.1     new text begin (g) "Residential property" means the principal residence of a homeowner at the time new text end 9.2 new text begin the solar equipment is placed in service. new text end 9.3     new text begin (h) "Small business" has the meaning given to it in section 645.445. new text end 9.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 9.5    Sec. 12. Minnesota Statutes 2006, section 216B.2424, subdivision 1, is amended to 9.6read: 9.7    Subdivision 1. Farm-grown closed-loop biomass. (a) For the purposes of this 9.8section, "farm-grown closed-loop biomass" means biomass, as defined in section 9.9216C.051, subdivision 7 new text begin herbaceous crops, trees, agricultural waste, and aquatic plant new text end 9.10 new text begin matter that is used to generate electricity, but does not include mixed municipal solid new text end 9.11 new text begin waste, as defined in section 115A.03 new text end , new text begin and new text end that: 9.12    (1) is intentionally cultivated, harvested, and prepared for use, in whole or in part, 9.13as a fuel for the generation of electricity; 9.14    (2) when combusted, releases an amount of carbon dioxide that is less than or 9.15approximately equal to the carbon dioxide absorbed by the biomass fuel during its 9.16growing cycle; and 9.17    (3) is fired in a new or substantially retrofitted electric generating facility that is: 9.18    (i) located within 400 miles of the site of the biomass production; and 9.19    (ii) designed to use biomass to meet at least 75 percent of its fuel requirements. 9.20    (b) The legislature finds that the negative environmental impacts within 400 miles 9.21of the facility resulting from transporting and combusting the biomass are offset in that 9.22region by the environmental benefits to air, soil, and water of the biomass production. 9.23    (c) Among the biomass fuel sources that meet the requirements of paragraph (a), 9.24clauses (1) and (2), are poplar, aspen, willow, switch grass, sorghum, alfalfa, cultivated 9.25prairie grass, and sustainably managed woody biomass. 9.26    (d) For the purpose of this section, "sustainably managed woody biomass" means: 9.27    (1) brush, trees, and other biomass harvested from within designated utility, railroad, 9.28and road rights-of-way; 9.29    (2) upland and lowland brush harvested from lands incorporated into brushland 9.30habitat management activities of the Minnesota Department of Natural Resources; 9.31    (3) upland and lowland brush harvested from lands managed in accordance with 9.32Minnesota Department of Natural Resources "Best Management Practices for Managing 9.33Brushlands"; 9.34    (4) logging slash or waste wood that is created by harvest, by precommercial 9.35timber stand improvement to meet silvicultural objectives, or by fire, disease, or insect 10.1control treatments, and that is managed in compliance with the Minnesota Forest 10.2Resources Council's "Sustaining Minnesota Forest Resources: Voluntary Site-Level Forest 10.3Management Guidelines for Landowners, Loggers and Resource Managers" as modified 10.4by the requirement of this subdivision; and 10.5    (5) trees or parts of trees that do not meet the utilization standards for pulpwood, 10.6posts, bolts, or sawtimber as described in the Minnesota Department of Natural Resources 10.7Division of Forestry Timber Sales Manual, 1998, as amended as of May 1, 2005, and the 10.8Minnesota Department of Natural Resources Timber Scaling Manual, 1981, as amended 10.9as of May 1, 2005, except as provided in paragraph (a), clause (1), and this paragraph, 10.10clauses (1) to (3). 10.11    Sec. 13. Minnesota Statutes 2006, section 216B.243, is amended by adding a 10.12subdivision to read: 10.13     new text begin Subd. 9. new text end new text begin Renewable energy standard facilities. new text end new text begin The requirements of this section new text end 10.14 new text begin do not apply to a wind energy conversion system or a solar electric generation facility that new text end 10.15 new text begin is intended to be used to meet or exceed the obligations of section 216B.1691; provided new text end 10.16 new text begin that, after notice and comment, the commission determines that the facility is a reasonable new text end 10.17 new text begin and prudent approach to meeting a utility's obligations under that section. When making new text end 10.18 new text begin this determination, the commission may consider the size of the facility relative to a new text end 10.19 new text begin utility's total need for renewable resources and alternative approaches for supplying new text end 10.20 new text begin the renewable energy to be supplied by the proposed facility, and must consider the new text end 10.21 new text begin facility's ability to promote economic development, as required under section 216B.1691, new text end 10.22 new text begin subdivision 9, maintain electric system reliability and consider impacts on ratepayers, and new text end 10.23 new text begin other criteria as the commission may determine are relevant. new text end 10.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 10.25    Sec. 14. Minnesota Statutes 2006, section 216C.051, as amended by Laws 2007, 10.26chapter 57, article 2, sections 24 and 25, is amended to read: 10.27216C.051 LEGISLATIVE ELECTRIC ENERGY TASK FORCE new text begin new text end 10.28 new text begin COMMISSION new text end . 10.29    Subd. 2. Establishment. (a) There is established a Legislative Electric Energy 10.30Task Force new text begin Commission new text end to study future electric energy sources and costs and to make 10.31recommendations for legislation for an environmentally and economically sustainable 10.32and advantageous electric energy supply new text begin concerning issues related to its duties under new text end 10.33 new text begin subdivision 3 new text end . 10.34    (b) The task force new text begin commission new text end consists of: 11.1    (1) ten members of the house of representatives including the chairs of the 11.2Environment and Natural Resources Committee and the Energy Finance and Policy 11.3Division and eight members to be appointed by the speaker of the house, four of whom 11.4must be from the minority caucus new text begin appointed by the speaker of the house of representatives, new text end 11.5 new text begin four of whom must be from the minority caucus, and including the chair of the committee new text end 11.6 new text begin with primary jurisdiction over energy policy; the chair or another member of each of the new text end 11.7 new text begin committees with primary jurisdiction over environmental policy, agricultural policy, and new text end 11.8 new text begin transportation policy; and a legislator who is a member of the NextGen Energy Board new text end ; and 11.9    (2) ten members of the senate including the chairs of the Environment, Energy 11.10and Natural Resources Budget Division and Energy, Utilities, Technology and 11.11Communications committees and eight members to be appointed by the Subcommittee on 11.12Committees, four of whom must be from the minority caucus. 11.13     new text begin (2) ten members of the senate to be appointed by the Subcommittee on Committees, new text end 11.14 new text begin four of whom must be from the minority caucus, and including the chair of the committee new text end 11.15 new text begin with primary jurisdiction over energy policy; the chair or another member of each of the new text end 11.16 new text begin committees with primary jurisdiction over environmental policy, agricultural policy, and new text end 11.17 new text begin transportation policy; and a legislator who is a member of the NextGen Energy Board. new text end 11.18    (c) The task force new text begin commission new text end may employ new text begin full-time and part-time new text end staff, contract 11.19for consulting services, and may reimburse the expenses of persons requested to assist 11.20it in its duties other than state employees or employees of electric utilities. The director 11.21of the Legislative Coordinating Commission shall assist the task force new text begin commission new text end in 11.22administrative matters. The task force new text begin commission new text end shall elect cochairs, one member of 11.23the house and one member of the senate from among the committee and subcommittee 11.24chairs named to the committee new text begin commission new text end . The task force new text begin commission new text end members from 11.25the house shall elect the house cochair, and the task force new text begin commission new text end members from 11.26the senate shall elect the senate cochair. 11.27     new text begin Subd. 2a. new text end new text begin Subcommittees. new text end new text begin The commission may establish subcommittees as new text end 11.28 new text begin necessary to perform its duties. new text end 11.29    Subd. 3. Technical and economic considerations, analyses, and 11.30recommendations new text begin Duties new text end . (a) In light of the electric energy guidelines established in 11.31subdivision 7 and utility resource plans and competitive bidding dockets before the 11.32commission, the task force shall gather information and make recommendations to the 11.33legislature regarding potential electric energy resources. The task force may contract 11.34with one or more energy policy experts and energy economists to assist it in its analysis. 11.35The task force may not contract for service nor employ any person who was involved in 11.36any capacity in any portion of any proceeding before the Public Utilities Commission, 12.1the administrative law judge, the state Court of Appeals, or the United States Nuclear 12.2Regulatory Commission related to the dry cask storage proposal on Prairie Island. The 12.3task force must gather information on at least the following electric energy resources, but 12.4may expand its inquiry as warranted by the information collected: 12.5    (1) wind energy; 12.6    (2) hydrogen as a fuel carrier produced from renewable and fossil fuel resources; 12.7    (3) biomass; 12.8    (4) decomposition gases produced by solid waste management facilities; 12.9    (5) solid waste as a direct fuel or refuse-derived fuel; and 12.10    (6) clean coal technology. 12.11    (b) In evaluating these electric energy resources, the task force must consider at 12.12least the following: 12.13    (1) to the best of forecasting abilities, how much electric generation capacity 12.14and demand for electric energy is necessary to maintain a strong economy and a high 12.15quality of life in the state over the next 15 to 20 years; how is this demand level affected 12.16by achievement of the maximum reasonably feasible and cost-effective demand-side 12.17management and generation and distribution efficiencies; 12.18    (2) what alternative forms of energy can provide a stable supply of energy and are 12.19producible and sustainable in the state and at what cost; 12.20    (3) what are the costs to the state and ratepayers to ensure that new electric energy 12.21generation utilizes less environmentally damaging sources; how do those costs change 12.22as the time frame for development and implementation of new generation sources is 12.23compressed; 12.24    (4) what are the implications for delivery systems for energy produced in areas of 12.25the state that do not now have high-volume transmission capability; are new transmission 12.26technologies being developed that can address some of the concerns with transmission; can 12.27a more dispersed electric generation system lessen the need for long-distance transmission; 12.28    (5) what are the actual costs and benefits of purchasing electricity and fuel to 12.29generate electricity from outside the state; what are the present costs to the state's economy 12.30of exporting a large percentage of the state's energy dollars and what is the future 12.31economic impact of continuing to do so; 12.32    (6) are there benefits to be had from a large immediate investment in quickly 12.33implementing alternative electric energy sources in terms of developing an exportable 12.34technology and/or commodity; is it feasible to turn around the flow of dollars for energy 12.35so that the state imports dollars and exports energy and energy technology; what is a 12.36reasonable time frame for the shift if it is possible; 13.1    (7) are there taxation or regulatory barriers to developing more sustainable and 13.2less problematic electric energy generation; what are they specifically and how can they 13.3be specifically addressed; 13.4    (8) can an approach be developed that moves quickly to development and 13.5implementation of alternative energy sources that can be forgiving of interim failures but 13.6that is also sufficiently deliberate to ensure ultimate success on a large scale; and 13.7    (9) in what specific ways can the state assist regional energy suppliers to accelerate 13.8phasing out energy production processes that produce wastes or emissions that must 13.9necessarily be carefully controlled and monitored to minimize adverse effects on the 13.10environment and human health and to assist in developing and implementing base load 13.11energy production that both prevents or minimizes by its nature adverse environmental 13.12and human health effects and utilizes resources that are available or producible in the state. 13.13    (c) The task force must study issues related to the transportation of spent nuclear 13.14fuel from this state to interim or permanent repositories outside this state. The task force 13.15must also gather information on at least the following factors, but may expand its inquiry 13.16as warranted by the information collected: 13.17    (1) Minnesota's actual and projected electricity demand; 13.18    (2) electricity export potential; 13.19    (3) inventory of energy resources currently used to generate all electricity sold 13.20in Minnesota and an analysis of the social, economic, and environmental benefits and 13.21burdens associated with each energy resource; 13.22    (4) electricity demand savings from greater efficiency; and 13.23    (5) job growth and economic development potential. 13.24     new text begin (a) The commission shall continuously evaluate the energy policies of this state and new text end 13.25 new text begin the degree to which they promote an environmentally and economically sustainable energy new text end 13.26 new text begin future. The commission shall monitor the state's progress in achieving its goals to develop new text end 13.27 new text begin renewable sources of electric energy under section 216B.1691, subdivision 2a, and the new text end 13.28 new text begin progress of energy-related sectors in reducing greenhouse gas emissions under the state's new text end 13.29 new text begin greenhouse gas emissions-reductions goals established in section 216H.02, subdivision 1. new text end 13.30 new text begin The commission may review proposed energy legislation and may recommend legislation. new text end 13.31 new text begin The commission shall when feasible solicit and consider public testimony regarding the new text end 13.32 new text begin economic, environmental, and social implications of state energy plans and policies. new text end 13.33 new text begin Notwithstanding any other law to the contrary the commission's evaluations and reviews new text end 13.34 new text begin under this subdivision shall include new and existing technologies for nuclear power. new text end 13.35    (d) new text begin (b) The commission may study, analyze, hold hearings, and make legislative new text end 13.36 new text begin recommendations regarding the following issues: new text end 14.1     new text begin (1) the generation, transmission, and distribution of electricity; new text end 14.2     new text begin (2) the reduction of greenhouse gas emissions; new text end 14.3     new text begin (3) the conservation of energy; new text end 14.4     new text begin (4) alternative energy sources available to replace dwindling fossil fuel and other new text end 14.5 new text begin nonrenewable fuel sources; new text end 14.6     new text begin (5) the development of renewable energy supplies; new text end 14.7     new text begin (6) the economic development potential associated with issues described in clauses new text end 14.8 new text begin (1) to (5); and new text end 14.9     new text begin (7) other energy-related subjects the commission finds significant. new text end 14.10     new text begin Subd. 3a. new text end new text begin Nuclear report. new text end The public utility that owns the Prairie Island and 14.11Monticello nuclear generation facilities shall update the reports required under section 14.12116C.772, subdivisions 3 to 5 , and shall submit those updates periodically to the Public 14.13Utilities Commission with the utility's resource plan filing under section 216B.2422 and to 14.14the task force new text begin commission new text end . 14.15    Subd. 4a. Report and recommendations. By January 15, 2005, and every two 14.16years thereafter, the task force shall submit a report to the chairs of the committees in 14.17the house of representatives and the senate that have responsibility for energy and for 14.18environmental and natural resources issues that contains an overview of information 14.19gathered and analyses that have been prepared, and specific recommendations, if any, for 14.20legislative action that will ensure development and implementation of electric energy 14.21policy that will provide the state with adequate, renewable, and economic electric power 14.22for the long term. The report shall also identify issues that must be addressed to provide 14.23Minnesotans with adequate electricity from in-state renewable energy sources for the 14.24long term and export to adjacent states. 14.25    Subd. 6. Assessment; appropriation. On request by the cochairs of the 14.26Legislative Task Force and after approval of the Legislative Coordinating Commission, 14.27the commissioner of commerce shall assess from all public utilities, generation and 14.28transmission cooperative electric associations, and municipal power agencies providing 14.29electric or natural gas services in Minnesota, in addition to assessments made under 14.30section , the amount requested for the operation of the task force not to exceed 14.31$250,000 in a fiscal year. The amount assessed under this section is appropriated to the 14.32director of the Legislative Coordinating Commission for those purposes, and is available 14.33until expended. The department shall apportion those costs among all energy utilities in 14.34proportion to their respective gross operating revenues from the sale of gas or electric 14.35service within the state during the last calendar year. For the purposes of administrative 15.1efficiency, the department shall assess energy utilities and issue bills in accordance with 15.2the billing and assessment procedures provided in section , to the extent that these 15.3procedures do not conflict with this subdivision. 15.4    Subd. 7. Guidelines; preferred electric generation sources; definitions. (a) The 15.5Legislative Task Force on Electric Energy shall undertake its responsibilities in light of 15.6the guidelines specified in this subdivision. 15.7    (b) The highest priority in electric energy production and consumption is 15.8conservation of electric energy and management of demand by all segments of the 15.9community. 15.10    (c) The following energy sources for generating electric power distributed in the 15.11state, listed in their descending order of preference, based on minimizing long-term 15.12negative environmental, social, and economic burdens imposed by the specific energy 15.13sources, are: 15.14    (1) wind and solar; 15.15    (2) biomass and low-head or refurbished hydropower; 15.16    (3) decomposition gases produced by solid waste management facilities, natural 15.17gas-fired cogeneration, and waste materials or byproducts combined with natural gas; 15.18    (4) natural gas, hydropower that is not low-head or refurbished hydropower, and 15.19solid waste as a direct fuel or refuse-derived fuel; and 15.20    (5) coal and nuclear power. 15.21    (d) For the purposes of paragraph (c) within each clause, the more efficient an energy 15.22source is in generating electricity or the more efficient a technology is that utilizes an 15.23energy source, the more preferred it is for use in generating electricity for distribution and 15.24consumption in the state. 15.25    (e) For the purposes of paragraph (c), clauses (3) and (4), the use of waste materials 15.26and byproducts for generating electric power must be limited to those waste materials 15.27and byproducts that are necessarily generated or produced by efficient processes and 15.28systems. Preventing and minimizing waste and byproducts are preferred in every situation 15.29to relying on the continued generation or production of waste materials and byproducts. 15.30    (f) For the purposes of this section, "preferred" or "renewable" energy sources are 15.31those described in paragraph (c), clauses (1) to (3), and "subordinate" or "traditional" 15.32energy sources are those described in paragraph (c), clauses (4) and (5). 15.33    (g) For the purposes of this section: 15.34    (1) "biomass" means herbaceous crops, trees, agricultural waste, and aquatic plant 15.35matter, excluding mixed municipal solid waste, as defined in section , used to 15.36generate electricity; and 16.1    (2) "low-head hydropower" means a hydropower facility that has a head of less 16.2than 66 feet. 16.3    Subd. 8. Subpoena power. The task force new text begin commission new text end may issue a subpoena under 16.4section 3.153 to any person for production of information held by that person that is 16.5relevant to the work of the task force new text begin commission new text end . 16.6    Subd. 8a. Manitoba Hydro information. (a) By January 1, 2008, and each year 16.7thereafter, the task force shall request the Manitoba Hydro-Electric Board to provide 16.8the following information for each community that is a signatory to the Northern Flood 16.9Agreement, including South Indian Lake: 16.10    (1) median household income and number of residents employed full time and 16.11part time; 16.12    (2) the number of outstanding claims filed against Manitoba Hydro by individuals 16.13and communities and the number of claims settled by Manitoba Hydro; and 16.14    (3) the amount of shoreline damaged by flooding and erosion and the amount of 16.15shoreline restored and cleaned. 16.16    (b) Nothing in this section shall be construed as a directive to the government of 16.17Canada or the province of Manitoba. 16.18    (c) For the purposes of this subdivision, "Northern Flood Agreement" means the 16.19agreement entered into by the Northern Flood Committee, Incorporated, the Manitoba 16.20Hydro-Electric Board, the province of Manitoba, and the government of Canada on 16.21December 16, 1977. 16.22    Subd. 9. Expiration. This section is repealed June 30, 2010. 16.23     new text begin Subd. 10. new text end new text begin Data from state agencies. new text end new text begin A state agency shall reply promptly to a new text end 16.24 new text begin request for data from the commission, subject to the requirements of chapter 13 and new text end 16.25 new text begin section 15.17. new text end 16.26     new text begin Subd. 11. new text end new text begin Assessment; appropriation. new text end new text begin (a) Upon request by the cochairs of the new text end 16.27 new text begin commission, the commissioner of commerce shall assess the amount requested for the new text end 16.28 new text begin operation of the commission, not to exceed $250,000 in a fiscal year, from the following new text end 16.29 new text begin sources: new text end 16.30     new text begin (1) all public utilities, municipal utilities, electric cooperative associations, new text end 16.31 new text begin generation and transmission cooperative electric associations, and municipal power new text end 16.32 new text begin agencies providing electric or natural gas services in Minnesota; and new text end 16.33     new text begin (2) all bulk terminals located in this state from which petroleum products and liquid new text end 16.34 new text begin petroleum gas are dispensed for sale in this state. new text end 17.1     new text begin (b) The commissioner of commerce shall apportion the assessment amount requested new text end 17.2 new text begin among the entities in paragraph (a), clauses (1) and (2), in proportion to their respective new text end 17.3 new text begin gross operating revenues from energy sold within the state during the most recent calendar new text end 17.4 new text begin year, while ensuring that wholesale and retail sales are not double counted. new text end 17.5     new text begin (c) The entities in paragraph (a), clauses (1) and (2), must provide information to the new text end 17.6 new text begin commissioner of commerce to allow for calculation of the assessment. new text end 17.7     new text begin (d) The assessments under this subdivision are in addition to assessments made new text end 17.8 new text begin under section 216B.62. The amount assessed under this section is appropriated to the new text end 17.9 new text begin director of the Legislative Coordinating Commission for the purposes of this section, and new text end 17.10 new text begin is available until expended. Utilities selling gas and electric service at retail must be new text end 17.11 new text begin assessed and billed in accordance with the procedures provided in section 216B.62, to the new text end 17.12 new text begin extent that these procedures do not conflict with this subdivision. new text end 17.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 3, 2009. new text end 17.14    Sec. 15. Minnesota Statutes 2006, section 216E.03, is amended by adding a subdivision 17.15to read: 17.16     new text begin Subd. 3a. new text end new text begin Project notice. new text end new text begin At least 90 days before filing an application with the new text end 17.17 new text begin commission, the applicant shall provide notice to each local unit of government within new text end 17.18 new text begin which a route may be proposed. The notice must describe the proposed project and the new text end 17.19 new text begin opportunity for a preapplication consultation meeting with local units of government as new text end 17.20 new text begin provided in subdivision 3b. new text end 17.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective September 1, 2008. new text end 17.22    Sec. 16. Minnesota Statutes 2006, section 216E.03, is amended by adding a subdivision 17.23to read: 17.24     new text begin Subd. 3b. new text end new text begin Preapplication consultation meetings. new text end new text begin Within 30 days of receiving a new text end 17.25 new text begin project notice, local units of government may request the applicant to hold a consultation new text end 17.26 new text begin meeting with local units of government. Upon receiving notice from a local unit of new text end 17.27 new text begin government requesting a preapplication consultation meeting, the applicant shall arrange new text end 17.28 new text begin the meeting at a location chosen by the local units of government. A single public meeting new text end 17.29 new text begin for which each local government unit requesting a meeting is given notice satisfies the new text end 17.30 new text begin meeting requirement of this subdivision. new text end 17.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 17.32    Sec. 17. Minnesota Statutes 2006, section 216E.03, subdivision 4, is amended to read: 18.1    Subd. 4. Notice of Application new text begin notice new text end . Within 15 days after submission of an 18.2application to the commission, the applicant shall publish notice of the application in 18.3a legal newspaper of general circulation in each county in which the site or route is 18.4proposed and send a copy of the application by certified mail to any regional development 18.5commission, county, incorporated municipality, and township new text begin town new text end in which any part 18.6of the site or route is proposed. Within the same 15 days, the applicant shall also send 18.7a notice of the submission of the application and description of the proposed project to 18.8each owner whose property is on or adjacent to any of the proposed sites for the power 18.9plant or along any of the proposed routes for the transmission line. The notice shall new text begin must new text end 18.10identify a location where a copy of the application can be reviewed. For the purpose 18.11of giving mailed notice under this subdivision, owners shall be new text begin are new text end those shown on the 18.12records of the county auditor or, in any county where tax statements are mailed by the 18.13county treasurer, on the records of the county treasurer; but other appropriate records may 18.14be used for this purpose. The failure to give mailed notice to a property owner, or defects 18.15in the notice, shall new text begin does new text end not invalidate the proceedings, provided a bona fide attempt to 18.16comply with this subdivision has been made. Within the same 15 days, the applicant shall 18.17also send the same notice of the submission of the application and description of the 18.18proposed project to those persons who have requested to be placed on a list maintained by 18.19the commission for receiving notice of proposed large electric generating power plants 18.20and high voltage transmission lines. 18.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 18.22    Sec. 18. new text begin [216F.012] SIZE ELECTION. new text end 18.23     new text begin (a) A wind energy conversion system of less than 25 megawatts of nameplate new text end 18.24 new text begin capacity as determined under section 216F.011 is a small wind energy conversion system new text end 18.25 new text begin if, by July 1, 2009, the owner so elects in writing and submits a completed application for new text end 18.26 new text begin zoning approval and the written election to the county or counties in which the project is new text end 18.27 new text begin proposed to be located. The owner must notify the Public Utilities Commission of the new text end 18.28 new text begin election at the time the owner submits the election to the county. new text end 18.29     new text begin (b) Notwithstanding paragraph (a), a wind energy conversion system with a new text end 18.30 new text begin nameplate capacity exceeding five megawatts that is proposed to be located wholly or new text end 18.31 new text begin partially within a wind access buffer adjacent to state lands that are part of the outdoor new text end 18.32 new text begin recreation system, as enumerated in section 86A.05, is a large wind energy conversion new text end 18.33 new text begin system. The Department of Natural Resources shall negotiate in good faith with a system new text end 18.34 new text begin owner regarding siting and may support the system owner in seeking a variance from the new text end 18.35 new text begin system setback requirements if it determines that a variance is in the public interest. new text end 19.1     new text begin (c) The public utilities commission shall issue an annual report to the chairs and new text end 19.2 new text begin ranking minority members of the house of representatives and senate committees with new text end 19.3 new text begin primary jurisdiction over energy policy and natural resource policy regarding any new text end 19.4 new text begin variances applied for and not granted for systems subject to paragraph (b). new text end 19.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 19.6    Sec. 19. new text begin [216F.09] WECS AGGREGATION PROGRAM. new text end 19.7     new text begin Subdivision 1. new text end new text begin Program established. new text end new text begin The entity selected to provide rural wind new text end 19.8 new text begin development assistance under Laws 2007, chapter 57, article 2, section 3, subdivision 6, new text end 19.9 new text begin shall also establish a wind energy conversion system (WECS) aggregation program. The new text end 19.10 new text begin purpose of the program is to create a clearinghouse to coordinate and arrange umbrella new text end 19.11 new text begin sales arrangements for groups of individuals, farmstead property owners, farmers' new text end 19.12 new text begin cooperative associations, community-based energy project developers, school districts, new text end 19.13 new text begin and other political subdivisions to aggregate small-volume purchases, as a group, in order new text end 19.14 new text begin to place large orders for wind energy conversion systems with WECS manufacturers. new text end 19.15     new text begin Subd. 2. new text end new text begin Responsibilities. new text end new text begin The entity shall: new text end 19.16     new text begin (1) provide application procedures for participation in the program; new text end 19.17     new text begin (2) set minimum standards for wind energy conversion systems to be considered for new text end 19.18 new text begin purchase through the program, which may include price, quality and installation standards, new text end 19.19 new text begin timely delivery schedules and arrangements, performance and reliability ratings, and any new text end 19.20 new text begin other factors considered necessary or desirable for participants; new text end 19.21     new text begin (3) set eligibility considerations and requirements for purchasers, including new text end 19.22 new text begin availability to the applicant of land authorized for installation and use of WECS, new text end 19.23 new text begin likelihood of a permit being approved by the commission or a county under this chapter, new text end 19.24 new text begin documentation of adequate financing, and other necessary or usual financial or business new text end 19.25 new text begin practices or requirements; new text end 19.26     new text begin (4) provide a minimal framework for soliciting or contacting manufacturers on new text end 19.27 new text begin behalf of participants; and new text end 19.28     new text begin (5) coordinate purchase agreements between the manufacturer and participants. new text end 19.29     new text begin Subd. 3. new text end new text begin Report. new text end new text begin By February 1 of 2009, and each year thereafter, the commissioner new text end 19.30 new text begin of commerce shall submit a report to the chairs and ranking minority members of the new text end 19.31 new text begin senate and house of representatives committees with primary jurisdiction over energy new text end 19.32 new text begin policy on the activities and results of the program, including the number of participants new text end 19.33 new text begin and the number of purchases made. new text end 20.1     new text begin Subd. 4. new text end new text begin Assessment; appropriation. new text end new text begin Annual costs of the program, up to $100,000, new text end 20.2 new text begin must be assessed under section 216C.052, subdivision 2, paragraph (c), clause (1). The new text end 20.3 new text begin assessment is appropriated to the commissioner of commerce to be used by the director new text end 20.4 new text begin of the Office of Energy Security for a grant to the entity to carry out the purposes of new text end 20.5 new text begin this section. new text end 20.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 20.7    Sec. 20. new text begin [216H.07] GREENHOUSE GAS EMISSION REDUCTION new text end 20.8 new text begin ATTAINMENT; POLICY DEVELOPMENT PROCESS. new text end 20.9     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For the purpose of this section, the terms defined in new text end 20.10 new text begin this subdivision have the meanings given them. new text end 20.11     new text begin (b) "Reductions" means the greenhouse gas emissions reductions goals specified in new text end 20.12 new text begin section 216H.02, subdivision 1. new text end 20.13     new text begin Subd. 2. new text end new text begin Purpose. new text end new text begin This section is intended to create a nonexclusive, regular, new text end 20.14 new text begin mandated process for the state to develop policies to attain the greenhouse gas reduction new text end 20.15 new text begin goals specified in section 216H.02. new text end 20.16     new text begin Subd. 3. new text end new text begin Biennial reduction progress report. new text end new text begin By January 15 of each odd-numbered new text end 20.17 new text begin year, the commissioners of commerce and the Pollution Control Agency shall jointly new text end 20.18 new text begin report to the chairs and ranking minority members of the legislative committees with new text end 20.19 new text begin primary policy jurisdiction over energy and environmental issues the most recent and best new text end 20.20 new text begin available evidence identifying the level of reductions already achieved and the level new text end 20.21 new text begin necessary to achieve the reductions timetable in section 216H.02. The report must be new text end 20.22 new text begin in easily understood nontechnical terms. new text end 20.23     new text begin Subd. 4. new text end new text begin Annual legislative proposal. new text end new text begin The commissioners of commerce and the new text end 20.24 new text begin Pollution Control Agency shall annually by January 15 provide to the chairs of the new text end 20.25 new text begin legislative committees with primary policy jurisdiction over energy and environmental new text end 20.26 new text begin issues proposed legislation the commissioners determine appropriate to achieve the new text end 20.27 new text begin reductions. The legislation must be based on the principles in subdivision 5. If the new text end 20.28 new text begin commissioners determine no legislation is appropriate, they shall report that determination new text end 20.29 new text begin to the chairs along with an explanation of the determination. new text end 20.30     new text begin Subd. 5. new text end new text begin Reduction principles. new text end new text begin Legislation proposed under subdivision 4 must be new text end 20.31 new text begin based on the following principles: new text end 20.32     new text begin (1) the greenhouse gas emission reduction goals specified in section 216H.02, new text end 20.33 new text begin subdivision 1, must be attained; new text end 21.1     new text begin (2) the reductions must be attained on a schedule that keeps pace with the reduction new text end 21.2 new text begin timetable required by section 216H.02, subdivision 1; new text end 21.3     new text begin (3) conservation, including ceasing some activities, doing some activities less, and new text end 21.4 new text begin doing some activities more energy efficiently, is the first choice for reduction; new text end 21.5     new text begin (4) public education is a key component; new text end 21.6     new text begin (5) all levels of government should lead by example; new text end 21.7     new text begin (6) strategies that may lead to economic dislocation should be phased in and should new text end 21.8 new text begin be coupled with strategies that address the dislocation; and new text end 21.9     new text begin (7) there must be coordination with other federal and regional greenhouse gas new text end 21.10 new text begin emission reduction requirements so that the state benefits and is not penalized from its new text end 21.11 new text begin reduction activities. new text end 21.12    Sec. 21. new text begin [216H.10] DEFINITIONS. new text end 21.13     new text begin Subdivision 1. new text end new text begin Applicability. new text end new text begin For purposes of sections 216H.10 to 216H.15, the new text end 21.14 new text begin following terms have the meanings given. new text end 21.15     new text begin Subd. 2. new text end new text begin Agency. new text end new text begin "Agency" means the Pollution Control Agency. new text end 21.16     new text begin Subd. 3. new text end new text begin Carbon dioxide equivalent. new text end new text begin "Carbon dioxide equivalent" means the new text end 21.17 new text begin quantity of carbon dioxide that has the same global warming potential as a given amount new text end 21.18 new text begin of another greenhouse gas. new text end 21.19     new text begin Subd. 4. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of the Pollution new text end 21.20 new text begin Control Agency. new text end 21.21     new text begin Subd. 5. new text end new text begin Global warming. new text end new text begin "Global warming" means the observed and predicted new text end 21.22 new text begin increase in the temperature of the atmosphere near the earth's surface and the oceans. new text end 21.23     new text begin Subd. 6. new text end new text begin Global warming potential or GWP. new text end new text begin "Global warming potential" or new text end 21.24 new text begin "GWP" means a quantitative measure of the potential of an emission of a greenhouse new text end 21.25 new text begin gas to contribute to global warming over a 100-year period expressed in terms of the new text end 21.26 new text begin equivalent emission of carbon dioxide needed to produce the same 100-year warming new text end 21.27 new text begin effect, as reported in Fourth Assessment Report: Climate Change 2007, Intergovernmental new text end 21.28 new text begin Panel on Climate Change. new text end 21.29     new text begin Subd. 7. new text end new text begin High-GWP greenhouse gas. new text end new text begin "High-GWP greenhouse gas" means new text end 21.30 new text begin hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. new text end 21.31     new text begin Subd. 8. new text end new text begin Mobile air conditioner. new text end new text begin "Mobile air conditioner" means mechanical new text end 21.32 new text begin vapor compression refrigeration equipment used to cool the passenger compartment of a new text end 21.33 new text begin motor vehicle. new text end 22.1     new text begin Subd. 9. new text end new text begin Motor vehicle. new text end new text begin "Motor vehicle" has the meaning given in section 168.011, new text end 22.2 new text begin subdivision 4. new text end 22.3     new text begin Subd. 10. new text end new text begin New motor vehicle. new text end new text begin "New motor vehicle" has the meaning given in new text end 22.4 new text begin section 80E.03, subdivision 7. new text end 22.5     new text begin Subd. 11. new text end new text begin Refrigerant. new text end new text begin "Refrigerant" means a substance used, sold for use, or new text end 22.6 new text begin designed and intended for use in a mobile air conditioner to transfer heat out of the space new text end 22.7 new text begin being cooled. new text end 22.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 22.9    Sec. 22. new text begin [216H.11] HIGH-GWP GREENHOUSE GAS REPORTING. new text end 22.10     new text begin Subdivision 1. new text end new text begin Gas manufacturers. new text end new text begin Beginning October 1, 2008, and each year new text end 22.11 new text begin thereafter, a manufacturer of a high-GWP greenhouse gas must report to the agency the new text end 22.12 new text begin total amount of each high-GWP greenhouse gas sold to a purchaser in this state during new text end 22.13 new text begin the previous year. new text end 22.14     new text begin Subd. 2. new text end new text begin Purchases. new text end new text begin Beginning October 1, 2008, and each year thereafter, a new text end 22.15 new text begin person in this state who purchases 500 metric tons or more carbon dioxide equivalent new text end 22.16 new text begin of a high-GWP greenhouse gas must report to the agency, on a form prescribed by the new text end 22.17 new text begin commissioner, the total amount of each high-GWP greenhouse gas purchased during the new text end 22.18 new text begin previous year and the purpose for which the gas was used. new text end 22.19     new text begin Subd. 3. new text end new text begin Acceptance of federal filing. new text end new text begin With the approval of the commissioner, this new text end 22.20 new text begin section may be satisfied by filing with the commissioner a copy of a greenhouse gas new text end 22.21 new text begin emissions report filed with a federal agency. new text end 22.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 22.23    Sec. 23. new text begin [216H.12] MOBILE AIR CONDITIONER LEAKAGE RATES; new text end 22.24 new text begin DISCLOSURE. new text end 22.25     new text begin Subdivision 1. new text end new text begin Leakage disclosure. new text end new text begin Beginning January 1, 2009, a manufacturer new text end 22.26 new text begin selling or offering for sale a new motor vehicle in this state containing a mobile air new text end 22.27 new text begin conditioner that uses the high-GWP greenhouse gas HFC-134a (1,1,1,2-tetrafluoroethane) new text end 22.28 new text begin as a refrigerant must, 90 days prior to the initial sale or offer for sale, report to the new text end 22.29 new text begin commissioner the leakage rate, in grams of refrigerant per year, for the type of mobile new text end 22.30 new text begin air conditioner contained in that make, model, and model year. The leakage rate must new text end 22.31 new text begin be calculated using the information provided in the most recently published version of new text end 22.32 new text begin the SAE International document J2727, "HFC-134a Mobile Air Conditioning System new text end 23.1 new text begin Emission Chart." The method by which the leakage rate is calculated, accounting for each new text end 23.2 new text begin component of the air conditioning unit, must also be reported to the commissioner. new text end 23.3     new text begin Subd. 2. new text end new text begin Posting. new text end new text begin Beginning January 1, 2009, the agency and the Office of the new text end 23.4 new text begin Attorney General must post on their Web sites: new text end 23.5     new text begin (1) the leakage rate disclosed by a manufacturer under subdivision 1 for each model new text end 23.6 new text begin and make of new motor vehicle sold or offered for sale in this state; and new text end 23.7     new text begin (2) the following statement: "Vehicle air conditioning systems may leak refrigerants. new text end 23.8 new text begin Information provided in the chart compares the potential global warming effects of new text end 23.9 new text begin refrigerant leakage from different makes and models of vehicles." new text end 23.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 23.11    Sec. 24. new text begin [216H.15] ENFORCEMENT. new text end 23.12     new text begin Sections 216H.10 to 216H.12 may be enforced under section 116.072. new text end 23.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 23.14    Sec. 25. Minnesota Statutes 2007 Supplement, section 500.30, subdivision 2, is 23.15amended to read: 23.16    Subd. 2. Like any conveyance. Any property owner may grant a solar or wind 23.17easement in the same manner and with the same effect as a conveyance of an interest in 23.18real property. The easements shall be created in writing and shall be filed, duly recorded, 23.19and indexed in the office of the recorder of the county in which the easement is granted. 23.20No duly recorded easement shall be unenforceable on account of lack of privity of estate 23.21or privity of contract; such easements shall run with the land or lands benefited and 23.22burdened and shall constitute a perpetual easement, except that an easement may terminate 23.23upon the conditions stated therein or pursuant to the provisions of section 500.20. A wind 23.24easement, easement to install wind turbines on real property, option, or lease of wind 23.25rights shall also terminate after seven years from the date the easement is created or lease 23.26is entered into, if a wind energy project on the property to which the easement or lease 23.27applies does not begin commercial operation within the seven-year period. 23.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 1, 2010. new text end 23.29    Sec. 26. new text begin REPORT. new text end 23.30     new text begin By February 1, 2009, the commissioner of the Pollution Control Agency shall new text end 23.31 new text begin submit a report to the chairs and ranking minority members of the senate and house of new text end 23.32 new text begin representatives committees with primary jurisdiction over environmental policy that new text end 24.1 new text begin identifies the uses and emissions sources of hydrofluorocarbons, perfluorocarbons, and new text end 24.2 new text begin sulfur hexafluoride in this state and suggests options for reducing or eliminating those new text end 24.3 new text begin uses and emissions and the costs of implementing those options. The options for reducing new text end 24.4 new text begin emissions must include phasing out specific consumer products containing high global new text end 24.5 new text begin warming potential gases where that is cost-effective. new text end 24.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 24.7    Sec. 27. new text begin SOLAR RATING AND CERTIFICATION LABORATORY. new text end 24.8     new text begin The director of the Office of Energy Security shall convene technical stakeholders new text end 24.9 new text begin who are expert in the design, manufacture, installation, and operation of solar energy new text end 24.10 new text begin systems to develop criteria and characteristics for a Minnesota-based solar rating and new text end 24.11 new text begin certification laboratory. The criteria shall include, but not be limited to, consideration of new text end 24.12 new text begin durability, cold-weather operations, and indoor air quality. The director shall develop and, new text end 24.13 new text begin by September 15, 2008, issue a request for proposals for the development of a plan, based new text end 24.14 new text begin on the criteria and characteristics developed by the stakeholder group, for a solar rating new text end 24.15 new text begin and certification laboratory in the state, including cost estimates. By January 15, 2009, new text end 24.16 new text begin the director shall submit a report to the chairs of the house and senate committees with new text end 24.17 new text begin jurisdiction over energy finance issues, detailing the responses to the request and making new text end 24.18 new text begin recommendations, including draft legislation. new text end 24.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 24.20    Sec. 28. new text begin SIZE ELECTION STAKEHOLDER GROUP. new text end 24.21     new text begin (a) By July 30, 2008, the commissioner of commerce shall convene a Size Election new text end 24.22 new text begin Stakeholder Group to evaluate the effect of new Minnesota Statutes, section 216F.012, new text end 24.23 new text begin on the process for obtaining a site permit for wind energy conversion systems with new text end 24.24 new text begin a combined nameplate capacity between five and 25 megawatts. The Department of new text end 24.25 new text begin Commerce shall provide staff and administrative support to the group. new text end 24.26     new text begin (b) The stakeholder group must consist of 13 members, as follows: new text end 24.27     new text begin (1) two legislators from the house of representatives, one from the majority party new text end 24.28 new text begin and one from the minority party, appointed by the speaker of the house; new text end 24.29     new text begin (2) two legislators from the senate, one from the majority party and one from the new text end 24.30 new text begin minority party, appointed by the Subcommittee on Committees of the Committee on new text end 24.31 new text begin Rules and Administration; and new text end 24.32     new text begin (3) nine members, jointly appointed by the chairs of the senate and house of new text end 24.33 new text begin representatives committees with primary jurisdiction over energy policy. Four of the nine new text end 24.34 new text begin members must have experience developing or owning wind energy conversion systems in new text end 25.1 new text begin Minnesota with a combined nameplate capacity between five and 25 megawatts; one must new text end 25.2 new text begin represent the Department of Commerce; one must represent the Department of Natural new text end 25.3 new text begin Resources; one must represent counties or county associations; one must represent a new text end 25.4 new text begin nonprofit organization with experience in wind energy conversion system development new text end 25.5 new text begin issues; and one must represent a wildlife conservation organization. The members shall new text end 25.6 new text begin select one legislator each from the senate and house of representatives to serve as co-chairs new text end 25.7 new text begin of the stakeholder group. new text end 25.8     new text begin (c) The stakeholder group shall collect and analyze data regarding site permits for new text end 25.9 new text begin wind energy conversion systems with a combined nameplate capacity between five and 25 new text end 25.10 new text begin megawatts and submit a report based on that analysis, by January 15, 2009, to the chairs new text end 25.11 new text begin and ranking minority members of the senate and house of representatives committees new text end 25.12 new text begin with primary jurisdiction over energy policy, including recommendations as to whether new text end 25.13 new text begin Minnesota Statutes, section 216F.012, should be amended. new text end 25.14     new text begin (d) Members of the stakeholder group are eligible for reimbursement of expenses, new text end 25.15 new text begin which the commissioner of commerce shall pay from the assessment under Minnesota new text end 25.16 new text begin Statutes, section 216C.052, subdivision 2, paragraph (c), clause (1). new text end 25.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 25.18    Sec. 29. new text begin STATE VIDEO FRANCHISING STUDY. new text end 25.19     new text begin Subdivision 1. new text end new text begin Study contents. new text end new text begin The Department of Commerce shall contract with new text end 25.20 new text begin the University of Minnesota for a study of the impact of legislation enacted in at least new text end 25.21 new text begin three states that requires franchises for video service to be issued by a state agency. The new text end 25.22 new text begin contractor conducting the study shall, prior to its initiation, consult with associations new text end 25.23 new text begin representing municipalities and communities of color. The study shall contain, at a new text end 25.24 new text begin minimum, the following information: new text end 25.25     new text begin (1) the number of new video service providers that have applied for a state video new text end 25.26 new text begin franchise; new text end 25.27     new text begin (2) the number of incumbent video service providers that have elected to terminate new text end 25.28 new text begin an existing franchise agreement and apply for a state video franchise; new text end 25.29     new text begin (3) the amount of capital invested by new video service providers to furnish video new text end 25.30 new text begin service; new text end 25.31     new text begin (4) the number of communities in which new video service providers intend to offer new text end 25.32 new text begin video services, as reflected in their application; new text end 25.33     new text begin (5) the number of communities with an incumbent video provider in which new new text end 25.34 new text begin providers intend to offer video services; new text end 26.1     new text begin (6) the number of communities with no incumbent video service provider in which new text end 26.2 new text begin new video service providers intend to offer video services; new text end 26.3     new text begin (7) the effect on video service prices in communities with an incumbent video new text end 26.4 new text begin provider in which new video service providers offer video services; new text end 26.5     new text begin (8) the effect on franchise fee revenues received by municipalities from video new text end 26.6 new text begin service providers; new text end 26.7     new text begin (9) the effect on the number of PEG channels available to communities; new text end 26.8     new text begin (10) the effect on the amount of revenues received by municipalities to support the new text end 26.9 new text begin provision of PEG programming in communities; new text end 26.10     new text begin (11) the effect on the amount of PEG programming available in communities; new text end 26.11     new text begin (12) the progress of new video providers in meeting any build-out requirements new text end 26.12 new text begin in the law; and new text end 26.13     new text begin (13) the effect on municipal services provided to communities by video service new text end 26.14 new text begin providers. new text end 26.15     new text begin Subd. 2. new text end new text begin Report. new text end new text begin The department shall submit the report described in subdivision new text end 26.16 new text begin 1 to the chairs and ranking minority members of the senate and house committees with new text end 26.17 new text begin primary jurisdiction over telecommunications policy by February 1, 2009. new text end 26.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 26.19    Sec. 30. new text begin BROADBAND MAPPING PROJECT. new text end 26.20     new text begin Subdivision 1. new text end new text begin Project. new text end new text begin The commissioner of commerce shall contract with a new text end 26.21 new text begin nonprofit organization that has significant experience working with broadband providers to new text end 26.22 new text begin develop geographical information system maps displaying levels of broadband service by new text end 26.23 new text begin connection speed and type of technology used and integrating the maps with demographic new text end 26.24 new text begin information to produce a comprehensive statewide inventory and mapping of existing new text end 26.25 new text begin broadband service and capability. new text end 26.26     new text begin Subd. 2. new text end new text begin Mapping. new text end new text begin Data must be collected from broadband providers and entered new text end 26.27 new text begin into a geographic information system to produce maps that, for the state of Minnesota and new text end 26.28 new text begin any defined geographical entity within it, clearly convey the following information: new text end 26.29     new text begin (1) areas unserved by any broadband provider; new text end 26.30     new text begin (2) areas served by a single broadband provider; new text end 26.31     new text begin (3) the location of towers used to transmit and receive broadband signals; new text end 26.32     new text begin (4) actual upstream and downstream transmission speeds at the county level of detail; new text end 26.33     new text begin (5) areas served by multiple broadband providers; and new text end 26.34     new text begin (6) the types of technology used to provide broadband service. new text end 27.1 new text begin The data used to produce the maps must be capable of being integrated with demographic new text end 27.2 new text begin data from other sources including, but not limited to, population density and household new text end 27.3 new text begin income to allow for the production of maps that measure, down to the census block new text end 27.4 new text begin level of detail, various characteristics of residents in areas receiving different levels of new text end 27.5 new text begin broadband services and utilizing different technologies. Data provided by a broadband new text end 27.6 new text begin provider to the contractor under this subdivision is nonpublic data under Minnesota new text end 27.7 new text begin Statutes, section 13.02, subdivision 9. Maps produced under this subdivision are public new text end 27.8 new text begin data under Minnesota Statutes, section 13.03. new text end 27.9     new text begin For the purposes of this section, "technology" or "technologies" means different new text end 27.10 new text begin methods of connecting to the Internet including, but not limited to, cable modem, DSL, new text end 27.11 new text begin ADSL, VDSL, and fiber optics. new text end 27.12     new text begin The initial maps must be provided to the commissioner of commerce by February new text end 27.13 new text begin 1, 2009. new text end 27.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 27.15    Sec. 31. new text begin WIND PROPERTY INTEREST MEDIATION AND REPORT. new text end 27.16     new text begin The commissioner of commerce shall, by July 1, 2008, convene a work group of new text end 27.17 new text begin interested parties to mediate differences concerning the termination of property interests new text end 27.18 new text begin related to wind energy systems developments. The commissioner must investigate and new text end 27.19 new text begin determine whether there is a factual basis for concerns that wind energy development new text end 27.20 new text begin may be hindered if termination of those property interests is not required by law if new text end 27.21 new text begin development has not occurred over some specified period of time. The commissioner new text end 27.22 new text begin shall, by January 15, 2009, report to the chairs and ranking minority members of the new text end 27.23 new text begin committees of the legislature with primary jurisdiction over energy issues on the results of new text end 27.24 new text begin the factual investigation and any legislative recommendations related to termination of new text end 27.25 new text begin those property interests. new text end 27.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 27.27    Sec. 32. new text begin APPROPRIATION; DEPARTMENT OF COMMERCE. new text end 27.28     new text begin (a) $175,000 is appropriated for fiscal year 2009 from the telecommunication access new text end 27.29 new text begin Minnesota fund account in the special revenue fund to the commissioner of commerce for new text end 27.30 new text begin the purpose of section 30. This is a onetime appropriation. new text end 27.31     new text begin (b) $85,000 is appropriated for fiscal year 2009 from the telecommunication access new text end 27.32 new text begin Minnesota fund account in the special revenue fund to the commissioner of commerce for new text end 27.33 new text begin the purpose of section 29. This is a onetime appropriation. new text end 28.1    Sec. 33. new text begin AUTHORIZATION. new text end 28.2     new text begin The director of the Legislative Coordinating Commission may expend money new text end 28.3 new text begin appropriated for the use of the Legislative Electric Energy Task Force for the purposes of new text end 28.4 new text begin the Legislative Energy Commission established in Minnesota Statutes, section 3.8851, and new text end 28.5 new text begin those funds are available until expended and the money is appropriated to the director for new text end 28.6 new text begin that purpose. new text end 28.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 3, 2009. new text end 28.8    Sec. 34. new text begin REVISOR'S INSTRUCTION. new text end 28.9     new text begin The revisor of statutes shall recodify Minnesota Statutes, section 216C.051, as new text end 28.10 new text begin section 3.8851. new text end 28.11    Sec. 35. new text begin REPEALER. new text end 28.12 new text begin Minnesota Statutes 2006, section 115C.09, subdivision 3j, new text end new text begin is repealed. new text end 28.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 28.14ARTICLE 2 28.15OUTDOOR LIGHTING 28.16    Section 1. Minnesota Statutes 2007 Supplement, section 16B.328, is amended by 28.17adding a subdivision to read: 28.18     new text begin Subd. 3. new text end new text begin Standards for state-funded outdoor lighting fixtures. new text end new text begin (a) An outdoor new text end 28.19 new text begin lighting fixture may be installed or replaced using state funds only if: new text end 28.20     new text begin (1) the new or replacement outdoor lighting fixture is a cutoff luminaire if the rated new text end 28.21 new text begin output of the outdoor lighting fixture is greater than 1,800 lumens; new text end 28.22     new text begin (2) the minimum illuminance adequate for the intended purpose is used with new text end 28.23 new text begin consideration given to nationally recognized standards; new text end 28.24     new text begin (3) for lighting of a designated highway of the state highway system, the Department new text end 28.25 new text begin of Transportation determines that the purpose of the outdoor lighting fixture cannot be new text end 28.26 new text begin achieved by the installation of reflective road markers, lines, warning or informational new text end 28.27 new text begin signs, or other effective passive methods; and new text end 28.28     new text begin (4) full consideration has been given to energy conservation and savings, reducing new text end 28.29 new text begin glare, minimizing light pollution, and preserving the natural night environment. new text end 28.30     new text begin (b) Paragraph (a) does not apply if: new text end 28.31     new text begin (1) a federal law, rule, or regulation preempts state law; new text end 28.32     new text begin (2) the outdoor lighting fixture is used on a temporary basis because emergency new text end 28.33 new text begin personnel require additional illumination for emergency procedures; new text end 29.1     new text begin (3) the outdoor lighting fixture is used on a temporary basis for nighttime work; new text end 29.2     new text begin (4) special events or situations require additional illumination, provided that the new text end 29.3 new text begin illumination installed shields the outdoor lighting fixtures from direct view and minimizes new text end 29.4 new text begin upward lighting and light pollution; new text end 29.5     new text begin (5) the outdoor lighting fixture is used solely to highlight the aesthetic aspects of new text end 29.6 new text begin a single object or distinctive building; or new text end 29.7     new text begin (6) a compelling safety interest exists that cannot be addressed by another method. new text end 29.8     new text begin (c) This subdivision does not apply to the operation and maintenance of lights or new text end 29.9 new text begin lighting systems purchased or installed, or for which design work is completed, before new text end 29.10 new text begin August 1, 2008. new text end 29.11     new text begin (d) This section does not apply if a state agency or local unit of government new text end 29.12 new text begin determines that compliance with this section would: new text end 29.13     new text begin (1) require an increased use of electricity; new text end 29.14     new text begin (2) increase the construction cost of a lighting system more than 15 percent over the new text end 29.15 new text begin construction cost of a lighting system that does not comply with this section; new text end 29.16     new text begin (3) increase the cost of operation and maintenance of the lighting system more than new text end 29.17 new text begin ten percent over the cost of operating and maintaining the existing lighting system over new text end 29.18 new text begin the life of the lighting system; or new text end 29.19     new text begin (4) result in a negative safety impact. new text end " 29.20Delete the title and insert: 29.21"A bill for an act 29.22relating to utilities; providing standards for state-funded outdoor lighting 29.23fixtures; modifying Petrofund program; providing for replacement of PVC 29.24piping in heating oil systems in residential locations; providing that certain 29.25eminent domain appraisal and negotiation requirements apply to public service 29.26corporations; modifying cost recovery provisions for electric transmission and 29.27renewable energy facilities; providing for solar-generated electricity under a 29.28utility's renewable energy standard; allowing utilities to fund certain solar energy 29.29products under the conservation improvement program; exempting certain wind 29.30and solar projects from the requirement to obtain a certificate of need; modifying 29.31and adding provisions relating to notice to and meetings with local units of 29.32government for siting large electric generating plant or high-voltage transmission 29.33line; allowing size election for certain wind energy conversion systems and 29.34creating Size Election Stakeholder Group; creating a wind project aggregation 29.35program; requiring reports on reducing greenhouse gas emissions; requiring 29.36reporting of emissions or leakage of greenhouse gases with high global warming 29.37potential; providing for wind and solar easements; requiring development of 29.38plan for solar rating and certification laboratory; requiring studies and reports; 29.39appropriating money;amending Minnesota Statutes 2006, sections 115C.04, 29.40subdivision 3; 115C.09, subdivision 3h, by adding a subdivision; 216B.16, 29.41subdivision 7b; 216B.1645, subdivisions 1, 2; 216B.2411, subdivision 2; 29.42216B.2424, subdivision 1; 216B.243, by adding a subdivision; 216C.051, as 29.43amended; 216E.03, subdivision 4, by adding subdivisions; Minnesota Statutes 29.442007 Supplement, sections 16B.328, by adding a subdivision; 216B.1645, 29.45subdivision 2a; 216B.241, by adding a subdivision; 216B.2411, subdivision 1; 30.1500.30, subdivision 2; proposing coding for new law in Minnesota Statutes, 30.2chapters 117; 216F; 216H; repealing Minnesota Statutes 2006, section 115C.09, 30.3subdivision 3j." We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Yvonne Prettner Solon, John Doll, Julie A. Rosen, Ellen R. Anderson, Dan SparksHouse Conferees: (Signed) Bill Hilty, Sheldon Johnson, Brita Sailer, Kathy Brynaert, Torrey Westrom 31.1 We request the adoption of this report and repassage of the bill. 31.2 Senate Conferees:(Signed) 31.3 ..... ..... 31.4 Yvonne Prettner Solon John Doll 31.5 ..... ..... 31.6 Julie A. Rosen Ellen R. Anderson 31.7 ..... 31.8 Dan Sparks 31.9 House Conferees:(Signed) 31.10 ..... ..... 31.11 Bill Hilty Sheldon Johnson 31.12 ..... ..... 31.13 Brita Sailer Kathy Brynaert 31.14 ..... 31.15 Torrey Westrom