SF 3337
1st Unofficial Engrossment - 85th Legislature (2007 - 2008)
Posted on 12/15/2009 12:00 a.m.
KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act
1.2relating to energy; providing for enforcement of violations of provisions
1.3pertaining to gases with high global warming potential; modifying Petrofund
1.4program; modifying cost recovery provisions for electric transmission and
1.5renewable energy facilities; requiring a certain proportion of solar-generated
1.6electricity under a utility's renewable energy standard; providing that certain
1.7eminent domain appraisal and negotiation requirements apply to public service
1.8corporations; allowing utilities to fund certain solar energy products under the
1.9conservation improvement program; exempting certain wind and solar projects
1.10from the requirement to obtain a certificate of need; modifying and adding
1.11provisions relating to notice to and meetings with local units of government for
1.12siting large electric generating plant or high-voltage transmission line; creating a
1.13wind project aggregation program; requiring reporting of emissions or leakage of
1.14greenhouse gases with high global warming potential; prohibiting sale of certain
1.15refrigerants; requiring reports on reducing greenhouse gas emissions; requiring
1.16development of plan for solar rating and certification laboratory; initiating a pilot
1.17project allowing the Public Utilities Commission to treat strategic tree planting
1.18as an energy conservation improvement; appropriating money;amending
1.19Minnesota Statutes 2006, sections 115.071, subdivision 1; 115C.04, subdivision
1.203; 115C.09, subdivision 3h, by adding a subdivision; 117.189; 216B.16,
1.21subdivision 7b; 216B.1645, subdivisions 1, 2; 216B.2411, subdivision 2, by
1.22adding a subdivision; 216B.243, by adding a subdivision; 216E.03, subdivision
1.234, by adding subdivisions; Minnesota Statutes 2007 Supplement, sections
1.24216B.1645, subdivision 2a; 216B.1691, subdivision 2a; 216B.2411, subdivision
1.251; proposing coding for new law in Minnesota Statutes, chapters 216F; 216H;
1.26repealing Minnesota Statutes 2006, section 115C.09, subdivision 3j.
1.27BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.28 Section 1. Minnesota Statutes 2006, section 115.071, subdivision 1, is amended to read:
1.29 Subdivision 1. Remedies available. The provisions of sections
103F.701 to
1.30103F.761
, this chapter and chapters 114C, 115A, and 116, and sectionsnew text begin 216H.10 to new text end
1.31new text begin 216H.15,new text end
325E.10 to
325E.1251new text begin ,new text end and
325E.32 and all rules, standards, orders, stipulation
1.32agreements, schedules of compliance, and permits adopted or issued by the agency
1.33thereunder or under any other law now in force or hereafter enacted for the prevention,
2.1control, or abatement of pollution may be enforced by any one or any combination of
2.2the following: criminal prosecution; action to recover civil penalties; injunction; action
2.3to compel performance; or other appropriate action, in accordance with the provisions
2.4of said chapters and this section.
2.5new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
2.6 Sec. 2. Minnesota Statutes 2006, section 115C.04, subdivision 3, is amended to read:
2.7 Subd. 3. Agency Cost recovery; subrogation. Reasonable and necessary expenses
2.8incurred by the agency in taking a corrective action, including costs of investigating
2.9a release, administrative and legal expenses, and reimbursement costs described in
2.10subdivision 1, paragraph (b), may be recovered in a civil action in district court brought
2.11by the attorney general new text begin board new text end against a responsible person. The agency's certification of
2.12expenses is prima facie evidence that the expenses are reasonable and necessary. If the
2.13responsible person has petroleum tank leakage or spill insurance coverage that insures
2.14against the liability provided in this section, the agency new text begin board new text end is subrogated to the rights
2.15of the responsible person with respect to that insurance coverage, to the extent of the
2.16expenses incurred by the agency and described in this subdivision. The agency new text begin board new text end
2.17may request the attorney general to bring an action in district court against the insurer
2.18to enforce this subrogation right. Expenses that are recovered under this section must
2.19be deposited in the fund.
2.20 Sec. 3. Minnesota Statutes 2006, section 115C.09, subdivision 3h, is amended to read:
2.21 Subd. 3h. Reimbursement; aboveground tanks in bulk plants. (a) As used in
2.22this subdivision, "bulk plant" means an aboveground or underground tank facility with a
2.23storage capacity of more than 1,100 gallons but less than 1,000,000 gallons that is used to
2.24dispense petroleum into cargo tanks for transportation and sale at another location.
2.25 (b) Notwithstanding any other provision in this chapter and any rules adopted
2.26pursuant to this chapter, the board shall reimburse 90 percent of an applicant's cost for bulk
2.27plant upgrades or closures completed between June 1, 1998, and November 1, 2003, to
2.28comply with Minnesota Rules, chapter 7151, provided that the board determines the costs
2.29were incurred and reasonable. The reimbursement may not exceed $10,000 per bulk plant.
2.30The board may provide reimbursement under this paragraph for work completed after
2.31November 1, 2003, if the work was contracted for prior to that date and was not completed
2.32by that date as a result of an unanticipated situation, provided that an application for
2.33reimbursement under this paragraph, which may be a renewal of an application previously
2.34denied, is submitted prior to December 31, 2005.
3.1 (c) For corrective action at a bulk plant located on what is or was railroad
3.2right-of-way, the board shall reimburse 90 percent of total reimbursable costs on the first
3.3$40,000 of reimbursable costs and 100 percent of any remaining reimbursable costs when
3.4the applicant can document that more than one bulk plant was operated on the same
3.5section of right-of-way, as determined by the commissioner of commerce.
3.6 Sec. 4. Minnesota Statutes 2006, section 115C.09, is amended by adding a subdivision
3.7to read:
3.8 new text begin Subd. 3k.new text end new text begin PVC piping at residential locations.new text end new text begin (a) The purpose of this subdivision new text end
3.9new text begin is to assist homeowners who have installed PVC fill piping as part of the heating oil new text end
3.10new text begin system at their residences, not knowing that heating oil has been shown to dissolve certain new text end
3.11new text begin types of glue used to hold PVC piping together. Replacement of the PVC piping with new text end
3.12new text begin metal piping is intended to avoid the catastrophic release of heating oil, as well as the new text end
3.13new text begin ensuing cleanup costs, that can occur at residences where the PVC piping fails.new text end
3.14 new text begin (b) As used in this subdivision:new text end
3.15 new text begin (1) "residential locations" means a storage tank and appurtenances for heating oil new text end
3.16new text begin that are used to heat a single-family residence; andnew text end
3.17 new text begin (2) "qualified person" means someone who is registered as a contractor under section new text end
3.18new text begin 115C.11 and, as part of their trade or business, installs or repairs nonpressure piping, new text end
3.19new text begin heating systems, air conditioning systems, or storage tank systems.new text end
3.20 new text begin (c) Notwithstanding any other provision of this chapter or any rules adopted new text end
3.21new text begin under this chapter, the board shall reimburse a qualified person 90 percent of the cost new text end
3.22new text begin for replacing PVC fill piping with metal piping at residential locations between May 1, new text end
3.23new text begin 2008, and September 1, 2011, provided that the board determines the costs were incurred new text end
3.24new text begin and reasonable. The reimbursement may not exceed $250 per residential location. The new text end
3.25new text begin maximum expenditure from the fund may not exceed $1,500,000.new text end
3.26 new text begin (d) A heating oil vendor is not a responsible person for a heating oil spill inside a new text end
3.27new text begin residential location if the spill was caused solely by the failure of a tank or appurtenance new text end
3.28new text begin to a tank owned by the homeowner.new text end
3.29 Sec. 5. Minnesota Statutes 2006, section 117.189, is amended to read:
3.30117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.
3.31 Sections
117.031;
;
117.055, subdivision 2, paragraph (b);
117.186;
117.187;
3.32117.188
; and
117.52, subdivisions 1a and 4, do not apply to public service corporations.
3.33For purposes of an award of appraisal fees under section
117.085, the fees awarded may
3.34not exceed $500 for all types of property.
4.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2008, and applies to new text end
4.2new text begin eminent domain proceedings commenced on or after August 1, 2008.new text end
4.3 Sec. 6. Minnesota Statutes 2006, section 216B.16, subdivision 7b, is amended to read:
4.4 Subd. 7b. Transmission cost adjustment. (a) Notwithstanding any other provision
4.5of this chapter, the commission may approve a tariff mechanism for the automatic annual
4.6adjustment of charges for the Minnesota jurisdictional costs ofnew text begin : (i)new text end new transmission
4.7facilities that have been separately filed and reviewed and approved by the commission
4.8under section
216B.243 or are certified as a priority project or deemed to be a priority
4.9transmission project under section
216B.2425new text begin ; and (ii) charges incurred by a utility that new text end
4.10new text begin accrue from other transmission owners' regionally planned transmission projects that have new text end
4.11new text begin been determined by the Midwest Independent System Operator to benefit the utility, as new text end
4.12new text begin provided for under a federally approved tariffnew text end .
4.13 (b) Upon filing by a public utility or utilities providing transmission service, the
4.14commission may approve, reject, or modify, after notice and comment, a tariff that:
4.15 (1) allows the utility to recover on a timely basis the costs net of revenues of
4.16facilities approved under section
216B.243 or certified or deemed to be certified under
4.17section
216B.2425new text begin or exempt from the requirements of section 216B.243new text end ;
4.18 (2) new text begin allows the charges incurred by a utility that accrue from other transmission new text end
4.19new text begin owners' regionally planned transmission projects that have been determined by the new text end
4.20new text begin Midwest Independent System Operator to benefit the utility, as provided for under a new text end
4.21new text begin federally approved tariff;new text end
4.22 new text begin (3) new text end allows a return on investment at the level approved in the utility's last general
4.23rate case, unless a different return is found to be consistent with the public interest;
4.24 (3)new text begin (4)new text end provides a current return on construction work in progress, provided that
4.25recovery from Minnesota retail customers for the allowance for funds used during
4.26construction is not sought through any other mechanism;
4.27 (4)new text begin (5)new text end allows for recovery of other expenses if shown to promote a least-cost project
4.28option or is otherwise in the public interest;
4.29 (5)new text begin (6)new text end allocates project costs appropriately between wholesale and retail customers;
4.30 (6)new text begin (7)new text end provides a mechanism for recovery above cost, if necessary to improve the
4.31overall economics of the project or projects or is otherwise in the public interest; and
4.32 (7)new text begin (8)new text end terminates recovery once costs have been fully recovered or have otherwise
4.33been reflected in the utility's general rates.
4.34 (c) A public utility may file annual rate adjustments to be applied to customer bills
4.35paid under the tariff approved in paragraph (b). In its filing, the public utility shall provide:
5.1 (1) a description of and context for the facilities included for recovery;
5.2 (2) a schedule for implementation of applicable projects;
5.3 (3) the utility's costs for these projects;
5.4 (4) a description of the utility's efforts to ensure the lowest costs to ratepayers for
5.5the project; and
5.6 (5) calculations to establish that the rate adjustment is consistent with the terms
5.7of the tariff established in paragraph (b).
5.8 (d) Upon receiving a filing for a rate adjustment pursuant to the tariff established in
5.9paragraph (b), the commission shall approve the annual rate adjustments provided that,
5.10after notice and comment, the costs included for recovery through the tariff were or are
5.11expected to be prudently incurred and achieve transmission system improvements at the
5.12lowest feasible and prudent cost to ratepayers.
5.13 Sec. 7. Minnesota Statutes 2006, section 216B.1645, subdivision 1, is amended to read:
5.14 Subdivision 1. Commission authority. Upon the petition of a public utility, the
5.15Public Utilities Commission shall approve or disapprove power purchase contracts,
5.16investments, or expenditures entered into or made by the utility to satisfy the wind and
5.17biomass mandates contained in sections
216B.169,
216B.2423, and
216B.2424, and
5.18to satisfy the renewable energy objectivesnew text begin obligationsnew text end set forth in section
216B.1691,
5.19including reasonable investments and expenditures made to:
5.20 (1) transmit the electricity generated from sources developed under those sections
5.21that is ultimately used to provide service to the utility's retail customers, including
5.22studies necessary to identify new transmission facilities needed to transmit electricity to
5.23Minnesota retail customers from generating facilities constructed to satisfy the renewable
5.24energy objectivesnew text begin obligationsnew text end , provided that the costs of the studies have not been
5.25recovered previously under existing tariffs and the utility has filed an application for a
5.26certificate of need or for certification as a priority project under section
216B.2425 for the
5.27new transmission facilities identified in the studies;
5.28 new text begin (2) provide storage facilities for renewable energy generation facilities that new text end
5.29new text begin contribute to the reliability, efficiency, or cost-effectiveness of the renewable facilities;new text end or
5.30 (2)new text begin (3)new text end develop renewable energy sources from the account required in section
5.31116C.779
.
5.32 Sec. 8. Minnesota Statutes 2006, section 216B.1645, subdivision 2, is amended to read:
5.33 Subd. 2. Cost recovery. The expenses incurred by the utility over the duration of
5.34the approved contract or useful life of the investment and expenditures made pursuant
6.1to section
116C.779 shall be recoverable from the ratepayers of the utility, to the extent
6.2they are not offset by utility revenues attributable to the contracts, investments, or
6.3expenditures. Upon petition by a public utility, the commission shall approve or approve
6.4as modified a rate schedule providing for the automatic adjustment of charges to recover
6.5the expenses or costs approved by the commissionnew text begin under subdivision 1new text end , which, in the case
6.6of transmission expenditures, are limited to the portion of actual transmission costs that are
6.7directly allocable to the need to transmit power from the renewable sources of energy. The
6.8commission may not approve recovery of the costs for that portion of the power generated
6.9from sources governed by this section that the utility sells into the wholesale market.
6.10 Sec. 9. Minnesota Statutes 2007 Supplement, section 216B.1645, subdivision 2a,
6.11is amended to read:
6.12 Subd. 2a. Cost recovery for owned renewable facilities. (a) A utility may petition
6.13the commission to approve a rate schedule that provides for the automatic adjustment of
6.14charges to recover prudently incurred investments, expenses, or costs associated with
6.15facilities constructed, owned, or operated by a utility to satisfy the requirements of section
6.16216B.1691
, provided those facilities were previously approved by the commission under
6.17section 216B.2422 or new text begin 216B.243, or were determined by the commission to be reasonable new text end
6.18new text begin and prudent under section new text end 216B.243new text begin , subdivision 9new text end . The commission may approve, ornew text begin new text end
6.19approve as modified, a rate schedule that:
6.20 (1) allows a utility to recover directly from customers on a timely basis the costs of
6.21qualifying renewable energy projects, including:
6.22 (i) return on investment;
6.23 (ii) depreciation;
6.24 (iii) ongoing operation and maintenance costs;
6.25 (iv) taxes; and
6.26 (v) costs of transmission and other ancillary expenses directly allocable to
6.27transmitting electricity generated from a project meeting the specifications of this
6.28paragraph;
6.29 (2) provides a current return on construction work in progress, provided that recovery
6.30of these costs from Minnesota ratepayers is not sought through any other mechanism;
6.31 (3) allows recovery of other expenses incurred that are directly related to a
6.32renewable energy project, new text begin including expenses for energy storage, new text end provided that the
6.33utility demonstrates to the commission's satisfaction that the expenses improve project
6.34economics, ensure project implementation, or facilitate coordination with the development
6.35of transmission necessary to transport energy produced by the project to market;
7.1 (4) allocates recoverable costs appropriately between wholesale and retail customers;
7.2 (5) terminates recovery when costs have been fully recovered or have otherwise
7.3been reflected in a utility's rates.
7.4 (b) A petition filed under this subdivision must include:
7.5 (1) a description of the facilities for which costs are to be recovered;
7.6 (2) an implementation schedule for the facilities;
7.7 (3) the utility's costs for the facilities;
7.8 (4) a description of the utility's efforts to ensure that costs of the facilities are
7.9reasonable and were prudently incurred; and
7.10 (5) a description of the benefits of the project in promoting the development of
7.11renewable energy in a manner consistent with this chapter.
7.12 Sec. 10. Minnesota Statutes 2007 Supplement, section 216B.1691, subdivision 2a,
7.13is amended to read:
7.14 Subd. 2a. Eligible energy technology standard. (a) Except as provided in
7.15paragraph (b), each electric utility shall generate or procure sufficient electricity generated
7.16by an eligible energy technology to provide its retail customers in Minnesota, or the
7.17retail customers of a distribution utility to which the electric utility provides wholesale
7.18electric service, so that at least the following standard percentages of the electric utility's
7.19total retail electric sales to retail customers in Minnesota are generated by eligible energy
7.20technologies by the end of the year indicated:
7.21
(1)
2012
12 percent
7.22
(2)
2016
17 percent
7.23
(3)
2020
20 percent
7.24
(4)
2025
25 percent.
7.25 (b) An electric utility that owned a nuclear generating facility as of January 1, 2007,
7.26must meet the requirements of this paragraph rather than paragraph (a). An electric utility
7.27subject to this paragraph must generate or procure sufficient electricity generated by
7.28an eligible energy technology to provide its retail customers in Minnesota or the retail
7.29customer of a distribution utility to which the electric utility provides wholesale electric
7.30service so that at least the following percentages of the electric utility's total retail electric
7.31sales to retail customers in Minnesota are generated by eligible energy technologies by the
7.32end of the year indicated:
7.33
(1)
2010
15 percent
7.34
(2)
2012
18 percent
7.35
(3)
2016
25 percent
7.36
(4)
2020
30 percent.
8.1Of the 30 percent in 2020, at least 25 percent must be generated by wind energy conversion
8.2systems and the remaining five percent by other eligible energy technology.
8.3 new text begin (c) By the end of the year 2012, at least 0.0125 percent of the electricity required by new text end
8.4new text begin paragraphs (a) and (b) to be generated by each electric utility must be generated by solar new text end
8.5new text begin energy. At least 60 percent of the required solar energy electric generation by each utility new text end
8.6new text begin must be distributed solar generated at a customer's site with customer-owned facilities. new text end
8.7new text begin For the purposes of this paragraph, "distributed solar" means solar electric equipment that new text end
8.8new text begin meets the requirements of section 216C.25 with a total peak generating capacity of 100 new text end
8.9new text begin kilowatts or less used for generating electricity primarily for use in a residential property new text end
8.10new text begin or small business, as defined by section 645.445, to reduce the effective electric load new text end
8.11new text begin for that residence or business. An electric utility that generates less than 60 percent of new text end
8.12new text begin its required solar energy electric generation with customer-owned distributed solar must new text end
8.13new text begin demonstrate that reasonable efforts were made to achieve sufficient customer participation new text end
8.14new text begin in a timely manner.new text end
8.15 Sec. 11. Minnesota Statutes 2007 Supplement, section 216B.2411, subdivision 1,
8.16is amended to read:
8.17 Subdivision 1. Generation projects. (a) Any municipality or rural electric
8.18association providing electric service and subject to section
216B.241 that is meeting the
8.19objectives under section
may, and each public utility may, use five percent
8.20of the total amount to be spent on energy conservation improvements under section
8.21216B.241
, on:
8.22 (1) projects in Minnesota to construct an electric generating facility that utilizes
8.23eligible renewable energy sources as defined in subdivision 2, such as methane or other
8.24combustible gases derived from the processing of plant or animal wastes, biomass fuels
8.25such as short-rotation woody or fibrous agricultural crops, or other renewable fuel, as its
8.26primary fuel source; or
8.27 (2) projects in Minnesota to install a distributed generation facility of ten megawatts
8.28or less of interconnected capacity that is fueled by natural gas, renewable fuels, or another
8.29similarly clean fuel.new text begin ; ornew text end
8.30 new text begin (3) installing a qualifying solar energy project as defined in subdivision 2.new text end
8.31 (b) For public utilities, as defined under section
216B.02, subdivision 4, projects
8.32under this section must be considered energy conservation improvements as defined in
8.33section
216B.241. For cooperative electric associations and municipal utilities, projects
8.34under this section must be considered load-management activities described in section
8.35216B.241, subdivision 1
.
9.1 Sec. 12. Minnesota Statutes 2006, section 216B.2411, subdivision 2, is amended to
9.2read:
9.3 Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this
9.4subdivision and section
216B.241, subdivision 1, have the meanings given them.
9.5 (b) "Eligible renewable energy sources" means fuels and technologies to generate
9.6electricity through the use of any of the resources listed in section
216B.1691, subdivision
9.71
, paragraph (a), clause (1), except that the term "biomass" has the meaning provided
9.8under paragraph (c)new text begin , and "solar" must meet the definition of a qualified solar energy new text end
9.9new text begin project under paragraph (d)new text end .
9.10 (c) "Biomass" includes:
9.11 (1) methane or other combustible gases derived from the processing of plant or
9.12animal material;
9.13 (2) alternative fuels derived from soybean and other agricultural plant oils or animal
9.14fats;
9.15 (3) combustion of barley hulls, corn, soy-based products, or other agricultural
9.16products;
9.17 (4) wood residue from the wood products industry in Minnesota or other wood
9.18products such as short-rotation woody or fibrous agricultural crops; and
9.19 (5) landfill gas, mixed municipal solid waste, and refuse-derived fuel from mixed
9.20municipal solid waste.
9.21 new text begin (d) "Qualifying solar energy project" means a qualifying solar thermal project or new text end
9.22new text begin qualifying solar electric project.new text end
9.23 new text begin (e) "Qualifying solar thermal project" means a flat plate or evacuated tube that meets new text end
9.24new text begin the requirements of section 216C.25 with a fixed orientation that collects the sun's radiant new text end
9.25new text begin energy and transfers it to a storage medium for distribution as energy to heat or cool air or new text end
9.26new text begin water, but does not include equipment used to heat water at a residential property (1) for new text end
9.27new text begin domestic use if less than one-half of the energy used for that purpose is derived from the new text end
9.28new text begin sun or (2) for use in a hot tub or swimming pool.new text end
9.29 new text begin (f) "Qualifying solar electric project" means solar electric equipment that meets the new text end
9.30new text begin requirements of section 216C.25 with a total peak generating capacity of 100 kilowatts new text end
9.31new text begin or less used for generating electricity primarily for use in a residential property or small new text end
9.32new text begin business to reduce the effective electric load for that residence or small business.new text end
9.33 new text begin (g) "Residential property" means the principal residence used by the homeowner at new text end
9.34new text begin the time the solar equipment is placed in service.new text end
9.35 new text begin (h) "Small business" has the meaning given to it in section 645.445.new text end
10.1 Sec. 13. Minnesota Statutes 2006, section 216B.2411, is amended by adding a
10.2subdivision to read:
10.3 new text begin Subd. 4.new text end new text begin Qualifying solar energy project.new text end new text begin (a) A utility subject to section 216B.241 new text end
10.4new text begin may include in its conservation plan programs for the installation of qualifying solar new text end
10.5new text begin energy projects as provided in this section. Qualifying solar energy projects must new text end
10.6new text begin meet or exceed cost-effectiveness and other guidelines to be developed by order of new text end
10.7new text begin the commissioner. Energy savings from qualifying solar energy projects may not be new text end
10.8new text begin counted toward the minimum energy savings goal of at least one percent for energy new text end
10.9new text begin conservation improvements required under section 216B.241, subdivision 1c, but may, as new text end
10.10new text begin the commissioner determines appropriate:new text end
10.11 new text begin (1) be counted above that minimum percentage; andnew text end
10.12 new text begin (2) be considered when establishing performance incentives under section 216B.241, new text end
10.13new text begin subdivision 2c.new text end
10.14 new text begin (b) Qualifying solar energy projects may not be considered when establishing new text end
10.15new text begin demand-side management targets under sections 216B.2422, 216B.243, or any other new text end
10.16new text begin section of this chapter.new text end
10.17 Sec. 14. Minnesota Statutes 2006, section 216B.243, is amended by adding a
10.18subdivision to read:
10.19 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
10.20new text begin do not apply to a wind energy conversion system or a solar electric generation facility that new text end
10.21new text begin is intended to be used to meet or exceed the obligations of section 216B.1691; provided new text end
10.22new text begin that, after notice and comment, the commission determines that the facility is a reasonable new text end
10.23new text begin and prudent approach to meeting a utility's obligations under that section. When making new text end
10.24new text begin this determination, the commission may consider the size of the facility relative to a new text end
10.25new text begin utility's total need for renewable resources and alternative approaches for supplying new text end
10.26new text begin the renewable energy to be supplied by the proposed facility, and must consider the new text end
10.27new text begin facility's ability to promote economic development, as required under section 216B.1691, new text end
10.28new text begin subdivision 9, maintain electric system reliability and consider impacts on ratepayers, and new text end
10.29new text begin other criteria as the commission may determine are relevant.new text end
10.30new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
10.31 Sec. 15. Minnesota Statutes 2006, section 216E.03, is amended by adding a subdivision
10.32to read:
10.33 new text begin Subd. 3a.new text end new text begin Project notice.new text end new text begin At least 120 days before filing an application with the new text end
10.34new text begin commission, the applicant shall provide notice to each local unit of government within new text end
11.1new text begin which a route may be proposed. The notice must describe the proposed project and the new text end
11.2new text begin opportunity for a preapplication consultation meeting with local units of government as new text end
11.3new text begin provided in subdivision 3b.new text end
11.4new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
11.5 Sec. 16. Minnesota Statutes 2006, section 216E.03, is amended by adding a subdivision
11.6to read:
11.7 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
11.8new text begin project notice, local units of government may request the applicant hold a consultation new text end
11.9new text begin meeting with local units of government. Upon receiving notice from a local unit of new text end
11.10new text begin government requesting a preapplication consultation meeting, the applicant shall arrange new text end
11.11new text begin the meeting at a location chosen by the local unit of government.new text end
11.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
11.13 Sec. 17. Minnesota Statutes 2006, section 216E.03, subdivision 4, is amended to read:
11.14 Subd. 4. Notice of Applicationnew text begin noticenew text end . Within 15 days after submission of an
11.15application to the commission, the applicant shall publish notice of the application in
11.16a legal newspaper of general circulation in each county in which the site or route is
11.17proposed and send a copy of the application by certified mail to any regional development
11.18commission, county, incorporated municipality, and townshipnew text begin townnew text end in which any part
11.19of the site or route is proposed. Within the same 15 days, the applicant shall also send
11.20a notice of the submission of the application and description of the proposed project to
11.21each owner whose property is on or adjacent to any of the proposed sites for the power
11.22plant or along any of the proposed routes for the transmission line. The notice shallnew text begin mustnew text end
11.23identify a location where a copy of the application can be reviewed. For the purpose
11.24of giving mailed notice under this subdivision, owners shall benew text begin arenew text end those shown on the
11.25records of the county auditor or, in any county where tax statements are mailed by the
11.26county treasurer, on the records of the county treasurer; but other appropriate records may
11.27be used for this purpose. The failure to give mailed notice to a property owner, or defects
11.28in the notice, shallnew text begin doesnew text end not invalidate the proceedings, provided a bona fide attempt to
11.29comply with this subdivision has been made. Within the same 15 days, the applicant shall
11.30also send the same notice of the submission of the application and description of the
11.31proposed project to those persons who have requested to be placed on a list maintained by
11.32the commission for receiving notice of proposed large electric generating power plants
11.33and high voltage transmission lines.
12.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
12.2 Sec. 18. new text begin [216F.09] WECS AGGREGATION PROGRAM.new text end
12.3 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
12.4new text begin development assistance under Laws 2007, chapter 57, article 2, section 3, subdivision 6, new text end
12.5new text begin shall also establish a wind energy conversion system (WECS) aggregation program. The new text end
12.6new text begin purpose of the program is to create a clearinghouse to coordinate and arrange umbrella new text end
12.7new text begin sales arrangements for groups of individuals, farmstead property owners, farmers' new text end
12.8new text begin cooperative associations, community-based energy project developers, school districts, new text end
12.9new text begin and other political subdivisions to aggregate small-volume purchases, as a group, in order new text end
12.10new text begin to place large orders for wind energy conversion systems with WECS manufacturers.new text end
12.11 new text begin Subd. 2.new text end new text begin Responsibilities.new text end new text begin The entity shall:new text end
12.12 new text begin (1) provide application procedures for participation in the program; new text end
12.13 new text begin (2) set minimum standards for wind energy conversion systems to be considered for new text end
12.14new text begin purchase through the program, which may include price, quality and installation standards, new text end
12.15new text begin timely delivery schedules and arrangements, performance and reliability ratings, and any new text end
12.16new text begin other factors considered necessary or desirable for participants;new text end
12.17 new text begin (3) set eligibility considerations and requirements for purchasers, including new text end
12.18new text begin availability to the applicant of land authorized for installation and use of WECS, new text end
12.19new text begin likelihood of a permit being approved by the commission or a county under this chapter, new text end
12.20new text begin documentation of adequate financing, and other necessary or usual financial or business new text end
12.21new text begin practices or requirements; new text end
12.22 new text begin (4) provide a minimal framework for soliciting or contacting manufacturers on new text end
12.23new text begin behalf of participants; andnew text end
12.24 new text begin (5) coordinate purchase agreements between the manufacturer and participants.new text end
12.25 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
12.26new text begin of commerce shall submit a report to the chairs and ranking minority members of the new text end
12.27new text begin senate and house of representatives committees with primary jurisdiction over energy new text end
12.28new text begin policy on the activities and results of the program, including the number of participants new text end
12.29new text begin and the number of purchases made.new text end
12.30 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
12.31new text begin must be assessed under section 216C.052, subdivision 2, paragraph (c), clause (1). The new text end
12.32new text begin assessment is appropriated to the commissioner of commerce to be used by the director new text end
12.33new text begin of the Office of Energy Security for a grant to the entity to carry out the purposes of new text end
12.34new text begin this section.new text end
12.35new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
13.1 Sec. 19. new text begin [216H.07] GREENHOUSE GAS EMISSION REDUCTION new text end
13.2new text begin ATTAINMENT; POLICY DEVELOPMENT PROCESS.new text end
13.3 new text begin Subdivision 1.new text end new text begin Definition.new text end new text begin For the purpose of this section, "reductions" means the new text end
13.4new text begin greenhouse gas emissions reductions goals specified in section 216H.02, subdivision 1.new text end
13.5 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
13.6new text begin mandated process for the state to develop policies to attain the greenhouse gas reduction new text end
13.7new text begin goals specified in section 216H.02.new text end
13.8 new text begin Subd. 3.new text end new text begin Biennial reduction progress report.new text end new text begin By November 1 of each new text end
13.9new text begin even-numbered year, the commissioners of commerce and the Pollution Control Agency new text end
13.10new text begin shall jointly report to the chairs and ranking minority members of the legislative new text end
13.11new text begin committees with primary policy jurisdiction over energy and environmental issues the new text end
13.12new text begin most recent and best available evidence identifying the level of reductions already new text end
13.13new text begin achieved and the level necessary to achieve the reduction goals established in section new text end
13.14new text begin 216H.02. The report must be written in easily understood, nontechnical language.new text end
13.15 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
13.16new text begin Pollution Control Agency shall annually by November 1 provide to the chairs and ranking new text end
13.17new text begin minority members of the legislative committees with primary policy jurisdiction over new text end
13.18new text begin energy and environmental issues proposed legislation the commissioners determine new text end
13.19new text begin appropriate to achieve the reductions. If the commissioners determine no legislation is new text end
13.20new text begin appropriate, they shall report that determination to the chairs along with an explanation of new text end
13.21new text begin the determination.new text end
13.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
13.23 Sec. 20. new text begin [216H.10] DEFINITIONS.new text end
13.24 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
13.25new text begin following terms have the meanings given.new text end
13.26 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
13.27 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
13.28new text begin quantity of carbon dioxide that has the same global warming potential as a given amount new text end
13.29new text begin of another greenhouse gas.new text end
13.30 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
13.31new text begin Control Agency.new text end
13.32 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
13.33new text begin increase in the temperature of the atmosphere near the earth's surface and the oceans.new text end
13.34 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
13.35new text begin "GWP" means a quantitative measure of the potential of an emission of a greenhouse new text end
14.1new text begin gas to contribute to global warming over a 100-year period expressed in terms of the new text end
14.2new text begin equivalent emission of carbon dioxide needed to produce the same 100-year warming new text end
14.3new text begin effect, as reported in Fourth Assessment Report: Climate Change 2007, International new text end
14.4new text begin Panel on Climate Change.new text end
14.5 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
14.6new text begin hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.new text end
14.7 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
14.8new text begin vapor compression refrigeration equipment used to cool the passenger compartment of a new text end
14.9new text begin motor vehicle.new text end
14.10 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
14.11new text begin subdivision 4.new text end
14.12 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
14.13new text begin section 80E.03, subdivision 7.new text end
14.14 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
14.15new text begin designed and intended for use in a mobile air conditioner to transfer heat out of the space new text end
14.16new text begin being cooled.new text end
14.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
14.18 Sec. 21. new text begin [216H.11] HIGH-GWP GREENHOUSE GAS REPORTING.new text end
14.19 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
14.20new text begin thereafter, a manufacturer of a high-GWP greenhouse gas must report to the agency the new text end
14.21new text begin total amount of each high-GWP greenhouse gas sold to a purchaser in this state during new text end
14.22new text begin the previous year.new text end
14.23 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
14.24new text begin person in this state who purchases 100 metric tons or more carbon dioxide equivalent new text end
14.25new text begin of a high-GWP greenhouse gas must report to the agency, on a form prescribed by the new text end
14.26new text begin commissioner, the total amount of each high-GWP greenhouse gas purchased during the new text end
14.27new text begin previous year and the purpose for which the gas was used.new text end
14.28 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
14.29new text begin section may be satisfied by filing with the commissioner a copy of a greenhouse gas new text end
14.30new text begin emissions report filed with a federal agency.new text end
14.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
14.32 Sec. 22. new text begin [216H.12] MOBILE AIR CONDITIONER LEAKAGE RATES; new text end
14.33new text begin DISCLOSURE.new text end
15.1 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
15.2new text begin selling or offering for sale a new motor vehicle in this state containing a mobile air new text end
15.3new text begin conditioner that uses the high-GWP greenhouse gas HFC-134a (1,1,1,2-tetrafluoroethane) new text end
15.4new text begin as a refrigerant must, 90 days prior to the initial sale or offer for sale, report to the new text end
15.5new text begin commissioner the leakage rate, in grams of refrigerant per year, for the type of mobile new text end
15.6new text begin air conditioner contained in that make, model, and model year. The leakage rate must be new text end
15.7new text begin calculated using the information provided in the most recently published version of the new text end
15.8new text begin Society of Automotive Engineers International document J2727, "HFC-134a Mobile new text end
15.9new text begin Air Conditioning System Emission Chart." The method by which the leakage rate is new text end
15.10new text begin calculated, accounting for each component of the air conditioning unit, must also be new text end
15.11new text begin reported to the commissioner.new text end
15.12 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
15.13new text begin Attorney General must post on their Web sites:new text end
15.14 new text begin (1) the leakage rate disclosed by a manufacturer under subdivision 1 for each model new text end
15.15new text begin and make of new motor vehicle sold or offered for sale in this state; andnew text end
15.16 new text begin (2) the following statement: "Vehicle air conditioning systems may leak refrigerants. new text end
15.17new text begin Information provided in the chart compares the potential global warming effects of new text end
15.18new text begin refrigerant leakage from different makes and models of vehicles."new text end
15.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
15.20 Sec. 23. new text begin [216H.14] MOBILE AIR CONDITIONER REFRIGERANT; new text end
15.21new text begin RESTRICTION.new text end
15.22 new text begin After July 1, 2008, no person may buy or sell a refrigerant designed to be used in a new text end
15.23new text begin mobile air conditioner in a container holding less than 15 pounds of refrigerant.new text end
15.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
15.25 Sec. 24. new text begin [216H.15] ENFORCEMENT.new text end
15.26 new text begin Sections 216H.10 to 216H.14 may be enforced under sections 115.071 and 116.072.new text end
15.27new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
15.28 Sec. 25. new text begin REPORT.new text end
15.29 new text begin By February 1, 2009, the commissioner of the Pollution Control Agency shall new text end
15.30new text begin submit a report to the chairs and ranking minority members of the senate and house of new text end
15.31new text begin representatives committees with primary jurisdiction over environmental policy that new text end
15.32new text begin identifies the uses and emissions sources of hydrofluorocarbons, perfluorocarbons, and new text end
16.1new text begin sulfur hexafluoride in this state and suggests options for reducing or eliminating those uses new text end
16.2new text begin and emissions and the costs of implementing those options.new text end
16.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
16.4 Sec. 26. new text begin ENERGY CONSERVATION PILOT PROJECT; STRATEGIC TREE new text end
16.5new text begin PLANTING.new text end
16.6 new text begin (a) From July 1, 2008, through June 30, 2009, the Public Utilities Commission and new text end
16.7new text begin the commissioner of commerce shall treat the strategic planting of trees and shrubs on new text end
16.8new text begin property of a retail customer provided electric or gas service by a public utility, municipal new text end
16.9new text begin utility, or cooperative electric association subject to Minnesota Statutes, section 216B.241, new text end
16.10new text begin as promoting energy efficiency and eligible for direct expenditures and expense recovery new text end
16.11new text begin under that statute as an energy conservation improvement.new text end
16.12 new text begin (b) For purposes of this section, "strategic" refers to the placement of trees and new text end
16.13new text begin shrubs to obtain the most advantageous impact on energy conservation for a retail new text end
16.14new text begin customer facility, including but not limited to shelter belt protection and heat dissipation.new text end
16.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2008.new text end
16.16 Sec. 27. new text begin SOLAR RATING AND CERTIFICATION LABORATORY.new text end
16.17 new text begin The director of the Office of Energy Security shall convene technical stakeholders new text end
16.18new text begin who are expert in the design, manufacture, installation, and operation of solar energy new text end
16.19new text begin systems to develop criteria and characteristics for a Minnesota-based solar rating and new text end
16.20new text begin certification laboratory. The criteria shall include, but not be limited to, consideration of new text end
16.21new text begin durability, cold-weather operations, and indoor air quality. The director shall develop and, new text end
16.22new text begin by September 15, 2008, issue a request for proposals for the development of a plan, based new text end
16.23new text begin on the criteria and characteristics developed by the stakeholder group, for a solar rating new text end
16.24new text begin and certification laboratory in the state, including cost estimates. By January 15, 2009, new text end
16.25new text begin the director shall submit a report to the chairs of the house and senate committees with new text end
16.26new text begin jurisdiction over energy finance issues, detailing the responses to the request and making new text end
16.27new text begin recommendations, including draft legislation.new text end
16.28new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
16.29 Sec. 28. new text begin REPEALER.new text end
16.30new text begin Minnesota Statutes 2006, section 115C.09, subdivision 3j,new text end new text begin is repealed.new text end
16.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end