SF 3337
2nd 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; modifying Petrofund program; providing that certain
1.3eminent domain appraisal and negotiation requirements apply to public service
1.4corporations; 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; allowing utilities to fund
1.7certain solar energy products under the conservation improvement program;
1.8requiring some electricity to be generated from solar energy by 2012; exempting
1.9certain wind and solar projects from the requirement to obtain a certificate
1.10of need; modifying and adding provisions relating to notice to and meetings
1.11with local units of government for siting large electric generating plant or
1.12high-voltage transmission line; allowing size election for certain wind energy
1.13conversion systems; creating a wind project aggregation program; requiring
1.14reports on reducing greenhouse gas emissions; requiring reporting of emissions
1.15or leakage of greenhouse gases with high global warming potential; requiring
1.16development of plan for solar rating and certification laboratory; appropriating
1.17money;amending Minnesota Statutes 2006, sections 115C.04, subdivision 3;
1.18115C.09, subdivision 3h, by adding a subdivision; 117.189; 216B.16, subdivision
1.197b; 216B.1645, subdivisions 1, 2; 216B.2411, subdivision 2, by adding a
1.20subdivision; 216B.243, by adding a subdivision; 216E.03, subdivision 4, by
1.21adding subdivisions; Minnesota Statutes 2007 Supplement, sections 216B.1645,
1.22subdivision 2a; 216B.1691, subdivision 2a; 216B.2411, subdivision 1; proposing
1.23coding for new law in Minnesota Statutes, chapters 216F; 216H; repealing
1.24Minnesota Statutes 2006, section 115C.09, subdivision 3j.
1.25BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.26 Section 1. Minnesota Statutes 2006, section 115C.04, subdivision 3, is amended to read:
1.27 Subd. 3. Agency Cost recovery; subrogation. Reasonable and necessary expenses
1.28incurred by the agency in taking a corrective action, including costs of investigating
1.29a release, administrative and legal expenses, and reimbursement costs described in
1.30subdivision 1, paragraph (b), may be recovered in a civil action in district court brought
1.31by the attorney general new text begin board new text end against a responsible person. The agency's certification of
1.32expenses is prima facie evidence that the expenses are reasonable and necessary. If the
2.1responsible person has petroleum tank leakage or spill insurance coverage that insures
2.2against the liability provided in this section, the agency new text begin board new text end is subrogated to the rights
2.3of the responsible person with respect to that insurance coverage, to the extent of the
2.4expenses incurred by the agency and described in this subdivision. The agency new text begin board new text end
2.5may request the attorney general to bring an action in district court against the insurer
2.6to enforce this subrogation right. Expenses that are recovered under this section must
2.7be deposited in the fund.
2.8 Sec. 2. Minnesota Statutes 2006, section 115C.09, subdivision 3h, is amended to read:
2.9 Subd. 3h. Reimbursement; aboveground tanks in bulk plants. (a) As used in
2.10this subdivision, "bulk plant" means an aboveground or underground tank facility with a
2.11storage capacity of more than 1,100 gallons but less than 1,000,000 gallons that is used to
2.12dispense petroleum into cargo tanks for transportation and sale at another location.
2.13 (b) Notwithstanding any other provision in this chapter and any rules adopted
2.14pursuant to this chapter, the board shall reimburse 90 percent of an applicant's cost for bulk
2.15plant upgrades or closures completed between June 1, 1998, and November 1, 2003, to
2.16comply with Minnesota Rules, chapter 7151, provided that the board determines the costs
2.17were incurred and reasonable. The reimbursement may not exceed $10,000 per bulk plant.
2.18The board may provide reimbursement under this paragraph for work completed after
2.19November 1, 2003, if the work was contracted for prior to that date and was not completed
2.20by that date as a result of an unanticipated situation, provided that an application for
2.21reimbursement under this paragraph, which may be a renewal of an application previously
2.22denied, is submitted prior to December 31, 2005.
2.23 (c) For corrective action at a bulk plant located on what is or was railroad
2.24right-of-way, the board shall reimburse 90 percent of total reimbursable costs on the first
2.25$40,000 of reimbursable costs and 100 percent of any remaining reimbursable costs when
2.26the applicant can document that more than one bulk plant was operated on the same
2.27section of right-of-way, as determined by the commissioner of commerce.
2.28 Sec. 3. Minnesota Statutes 2006, section 115C.09, is amended by adding a subdivision
2.29to read:
2.30 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
2.31new text begin is to assist homeowners who have installed PVC fill piping as part of the heating oil new text end
2.32new text begin system at their residences, not knowing that heating oil has been shown to dissolve certain new text end
2.33new text begin types of glue used to hold PVC piping together. Replacement of the PVC piping with new text end
3.1new text begin metal piping is intended to avoid the catastrophic release of heating oil, as well as the new text end
3.2new text begin ensuing cleanup costs, that can occur at residences where the PVC piping fails.new text end
3.3 new text begin (b) As used in this subdivision:new text end
3.4 new text begin (1) "residential locations" means a storage tank and appurtenances for heating oil new text end
3.5new text begin that are used to heat a single-family residence; andnew text end
3.6 new text begin (2) "qualified person" means someone who is registered as a contractor under section new text end
3.7new text begin 115C.11 and, as part of their trade or business, installs or repairs nonpressure piping, new text end
3.8new text begin heating systems, air conditioning systems, or storage tank systems.new text end
3.9 new text begin (c) Notwithstanding any other provision of this chapter or any rules adopted new text end
3.10new text begin under this chapter, the board shall reimburse a qualified person 90 percent of the cost new text end
3.11new text begin for replacing PVC fill piping with metal piping at residential locations between May 1, new text end
3.12new text begin 2008, and September 1, 2011, provided that the board determines the costs were incurred new text end
3.13new text begin and reasonable. The reimbursement may not exceed $250 per residential location. The new text end
3.14new text begin maximum expenditure from the fund may not exceed $1,500,000.new text end
3.15 new text begin (d) A heating oil vendor is not a responsible person for a heating oil spill inside a new text end
3.16new text begin residential location if the spill was caused solely by the failure of a tank or appurtenance new text end
3.17new text begin to a tank owned by the homeowner.new text end
3.18 Sec. 4. Minnesota Statutes 2006, section 117.189, is amended to read:
3.19117.189 PUBLIC SERVICE CORPORATION EXCEPTIONS.
3.20 Sections
117.031;
;
117.055, subdivision 2, paragraph (b);
117.186;
117.187;
3.21117.188
; and
117.52, subdivisions 1a and 4, do not apply to public service corporations.
3.22For purposes of an award of appraisal fees under section
117.085, the fees awarded may
3.23not exceed $500 for all types of property.
3.24new text begin EFFECTIVE DATE.new text end new text begin This section is effective August 1, 2008, and applies to new text end
3.25new text begin eminent domain proceedings commenced on or after August 1, 2008.new text end
3.26 Sec. 5. Minnesota Statutes 2006, section 216B.16, subdivision 7b, is amended to read:
3.27 Subd. 7b. Transmission cost adjustment. (a) Notwithstanding any other provision
3.28of this chapter, the commission may approve a tariff mechanism for the automatic annual
3.29adjustment of charges for the Minnesota jurisdictional costs ofnew text begin : (i)new text end new transmission
3.30facilities that have been separately filed and reviewed and approved by the commission
3.31under section
216B.243 or are certified as a priority project or deemed to be a priority
3.32transmission project under section
216B.2425new text begin ; and (ii) charges incurred by a utility that new text end
3.33new text begin accrue from other transmission owners' regionally planned transmission projects that have new text end
4.1new text begin been determined by the Midwest Independent System Operator to benefit the utility, as new text end
4.2new text begin provided for under a federally approved tariffnew text end .
4.3 (b) Upon filing by a public utility or utilities providing transmission service, the
4.4commission may approve, reject, or modify, after notice and comment, a tariff that:
4.5 (1) allows the utility to recover on a timely basis the costs net of revenues of
4.6facilities approved under section
216B.243 or certified or deemed to be certified under
4.7section
216B.2425new text begin or exempt from the requirements of section 216B.243new text end ;
4.8 (2) new text begin allows the charges incurred by a utility that accrue from other transmission new text end
4.9new text begin owners' regionally planned transmission projects that have been determined by the new text end
4.10new text begin Midwest Independent System Operator to benefit the utility, as provided for under a new text end
4.11new text begin federally approved tariff;new text end
4.12 new text begin (3) new text end allows a return on investment at the level approved in the utility's last general
4.13rate case, unless a different return is found to be consistent with the public interest;
4.14 (3)new text begin (4)new text end provides a current return on construction work in progress, provided that
4.15recovery from Minnesota retail customers for the allowance for funds used during
4.16construction is not sought through any other mechanism;
4.17 (4)new text begin (5)new text end allows for recovery of other expenses if shown to promote a least-cost project
4.18option or is otherwise in the public interest;
4.19 (5)new text begin (6)new text end allocates project costs appropriately between wholesale and retail customers;
4.20 (6)new text begin (7)new text end provides a mechanism for recovery above cost, if necessary to improve the
4.21overall economics of the project or projects or is otherwise in the public interest; and
4.22 (7)new text begin (8)new text end terminates recovery once costs have been fully recovered or have otherwise
4.23been reflected in the utility's general rates.
4.24 (c) A public utility may file annual rate adjustments to be applied to customer bills
4.25paid under the tariff approved in paragraph (b). In its filing, the public utility shall provide:
4.26 (1) a description of and context for the facilities included for recovery;
4.27 (2) a schedule for implementation of applicable projects;
4.28 (3) the utility's costs for these projects;
4.29 (4) a description of the utility's efforts to ensure the lowest costs to ratepayers for
4.30the project; and
4.31 (5) calculations to establish that the rate adjustment is consistent with the terms
4.32of the tariff established in paragraph (b).
4.33 (d) Upon receiving a filing for a rate adjustment pursuant to the tariff established in
4.34paragraph (b), the commission shall approve the annual rate adjustments provided that,
4.35after notice and comment, the costs included for recovery through the tariff were or are
5.1expected to be prudently incurred and achieve transmission system improvements at the
5.2lowest feasible and prudent cost to ratepayers.
5.3 Sec. 6. Minnesota Statutes 2006, section 216B.1645, subdivision 1, is amended to read:
5.4 Subdivision 1. Commission authority. Upon the petition of a public utility, the
5.5Public Utilities Commission shall approve or disapprove power purchase contracts,
5.6investments, or expenditures entered into or made by the utility to satisfy the wind and
5.7biomass mandates contained in sections
216B.169,
216B.2423, and
216B.2424, and to
5.8satisfy the renewable energy objectives new text begin and standardsnew text end set forth in section
216B.1691,
5.9including reasonable investments and expenditures made to:
5.10 (1) transmit the electricity generated from sources developed under those sections
5.11that is ultimately used to provide service to the utility's retail customers, including
5.12studies necessary to identify new transmission facilities needed to transmit electricity to
5.13Minnesota retail customers from generating facilities constructed to satisfy the renewable
5.14energy objectives new text begin and standardsnew text end , provided that the costs of the studies have not been
5.15recovered previously under existing tariffs and the utility has filed an application for a
5.16certificate of need or for certification as a priority project under section
216B.2425 for the
5.17new transmission facilities identified in the studies;
5.18 new text begin (2) provide storage facilities for renewable energy generation facilities that new text end
5.19new text begin contribute to the reliability, efficiency, or cost-effectiveness of the renewable facilities;new text end or
5.20 (2)new text begin (3)new text end develop renewable energy sources from the account required in section
5.21116C.779
.
5.22 Sec. 7. Minnesota Statutes 2006, section 216B.1645, subdivision 2, is amended to read:
5.23 Subd. 2. Cost recovery. The expenses incurred by the utility over the duration of
5.24the approved contract or useful life of the investment and expenditures made pursuant
5.25to section
116C.779 shall be recoverable from the ratepayers of the utility, to the extent
5.26they are not offset by utility revenues attributable to the contracts, investments, or
5.27expenditures. Upon petition by a public utility, the commission shall approve or approve
5.28as modified a rate schedule providing for the automatic adjustment of charges to recover
5.29the expenses or costs approved by the commissionnew text begin under subdivision 1new text end , which, in the case
5.30of transmission expenditures, are limited to the portion of actual transmission costs that are
5.31directly allocable to the need to transmit power from the renewable sources of energy. The
5.32commission may not approve recovery of the costs for that portion of the power generated
5.33from sources governed by this section that the utility sells into the wholesale market.
6.1 Sec. 8. Minnesota Statutes 2007 Supplement, section 216B.1645, subdivision 2a,
6.2is amended to read:
6.3 Subd. 2a. Cost recovery for owned renewable facilities. (a) A utility may petition
6.4the commission to approve a rate schedule that provides for the automatic adjustment of
6.5charges to recover prudently incurred investments, expenses, or costs associated with
6.6facilities constructed, owned, or operated by a utility to satisfy the requirements of section
6.7216B.1691
, provided those facilities were previously approved by the commission under
6.8section 216B.2422 or new text begin 216B.243, or were determined by the commission to be reasonable new text end
6.9new 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
6.10approve as modified, a rate schedule that:
6.11 (1) allows a utility to recover directly from customers on a timely basis the costs of
6.12qualifying renewable energy projects, including:
6.13 (i) return on investment;
6.14 (ii) depreciation;
6.15 (iii) ongoing operation and maintenance costs;
6.16 (iv) taxes; and
6.17 (v) costs of transmission and other ancillary expenses directly allocable to
6.18transmitting electricity generated from a project meeting the specifications of this
6.19paragraph;
6.20 (2) provides a current return on construction work in progress, provided that recovery
6.21of these costs from Minnesota ratepayers is not sought through any other mechanism;
6.22 (3) allows recovery of other expenses incurred that are directly related to a
6.23renewable energy project, new text begin including expenses for energy storage, new text end provided that the
6.24utility demonstrates to the commission's satisfaction that the expenses improve project
6.25economics, ensure project implementation, or facilitate coordination with the development
6.26of transmission necessary to transport energy produced by the project to market;
6.27 (4) allocates recoverable costs appropriately between wholesale and retail customers;
6.28 (5) terminates recovery when costs have been fully recovered or have otherwise
6.29been reflected in a utility's rates.
6.30 (b) A petition filed under this subdivision must include:
6.31 (1) a description of the facilities for which costs are to be recovered;
6.32 (2) an implementation schedule for the facilities;
6.33 (3) the utility's costs for the facilities;
6.34 (4) a description of the utility's efforts to ensure that costs of the facilities are
6.35reasonable and were prudently incurred; and
7.1 (5) a description of the benefits of the project in promoting the development of
7.2renewable energy in a manner consistent with this chapter.
7.3 Sec. 9. Minnesota Statutes 2007 Supplement, section 216B.1691, subdivision 2a,
7.4is amended to read:
7.5 Subd. 2a. Eligible energy technology standard. (a) Except as provided in
7.6paragraph (b), each electric utility shall generate or procure sufficient electricity generated
7.7by an eligible energy technology to provide its retail customers in Minnesota, or the
7.8retail customers of a distribution utility to which the electric utility provides wholesale
7.9electric service, so that at least the following standard percentages of the electric utility's
7.10total retail electric sales to retail customers in Minnesota are generated by eligible energy
7.11technologies by the end of the year indicated:
7.12
(1)
2012
12 percent
7.13
(2)
2016
17 percent
7.14
(3)
2020
20 percent
7.15
(4)
2025
25 percent.
7.16 (b) An electric utility that owned a nuclear generating facility as of January 1, 2007,
7.17must meet the requirements of this paragraph rather than paragraph (a). An electric utility
7.18subject to this paragraph must generate or procure sufficient electricity generated by
7.19an eligible energy technology to provide its retail customers in Minnesota or the retail
7.20customer of a distribution utility to which the electric utility provides wholesale electric
7.21service so that at least the following percentages of the electric utility's total retail electric
7.22sales to retail customers in Minnesota are generated by eligible energy technologies by the
7.23end of the year indicated:
7.24
(1)
2010
15 percent
7.25
(2)
2012
18 percent
7.26
(3)
2016
25 percent
7.27
(4)
2020
30 percent.
7.28Of the 30 percent in 2020, at least 25 percent must be generated by wind energy conversion
7.29systems and the remaining five percent by other eligible energy technology.
7.30 new text begin (c) By the end of the year 2012, at least 0.0125 percent of the electricity required by new text end
7.31new text begin paragraphs (a) and (b) to be generated by each electric utility must be generated by solar new text end
7.32new text begin energy. At least 60 percent of the required solar energy electric generation by each utility new text end
7.33new text begin must be distributed solar generated at a customer's site with customer-owned facilities. new text end
7.34new text begin For the purposes of this paragraph, "distributed solar" means solar electric equipment that new text end
7.35new text begin meets the requirements of section 216C.25 with a total peak generating capacity of 100 new text end
8.1new text begin kilowatts or less used for generating electricity primarily for use in a residential property new text end
8.2new text begin or small business, as defined by section 645.445, to reduce the effective electric load new text end
8.3new text begin for that residence or business. An electric utility that generates less than 60 percent of new text end
8.4new text begin its required solar energy electric generation with customer-owned distributed solar must new text end
8.5new text begin demonstrate that reasonable efforts were made to achieve sufficient customer participation new text end
8.6new text begin in a timely manner.new text end
8.7 Sec. 10. Minnesota Statutes 2007 Supplement, section 216B.2411, subdivision 1,
8.8is amended to read:
8.9 Subdivision 1. Generation projects. (a) Any municipality or rural electric
8.10association providing electric service and subject to section
216B.241 that is meeting the
8.11objectives under section
may, and each public utility may, use five percent
8.12of the total amount to be spent on energy conservation improvements under section
8.13216B.241
, on:
8.14 (1) projects in Minnesota to construct an electric generating facility that utilizes
8.15eligible renewable energy sources as defined in subdivision 2, such as methane or other
8.16combustible gases derived from the processing of plant or animal wastes, biomass fuels
8.17such as short-rotation woody or fibrous agricultural crops, or other renewable fuel, as its
8.18primary fuel source; or
8.19 (2) projects in Minnesota to install a distributed generation facility of ten megawatts
8.20or less of interconnected capacity that is fueled by natural gas, renewable fuels, or another
8.21similarly clean fuel.new text begin ; ornew text end
8.22 new text begin (3) installing a qualifying solar energy project as defined in subdivision 2.new text end
8.23 (b) For public utilities, as defined under section
216B.02, subdivision 4, projects
8.24under this section must be considered energy conservation improvements as defined in
8.25section
216B.241. For cooperative electric associations and municipal utilities, projects
8.26under this section must be considered load-management activities described in section
8.27216B.241, subdivision 1
.
8.28 Sec. 11. Minnesota Statutes 2006, section 216B.2411, subdivision 2, is amended to
8.29read:
8.30 Subd. 2. Definitions. (a) For the purposes of this section, the terms defined in this
8.31subdivision and section
216B.241, subdivision 1, have the meanings given them.
8.32 (b) "Eligible renewable energy sources" means fuels and technologies to generate
8.33electricity through the use of any of the resources listed in section
216B.1691, subdivision
8.341
, paragraph (a), clause (1), except that the term "biomass" has the meaning provided
9.1under paragraph (c)new text begin , and "solar" must meet the definition of a qualified solar energy new text end
9.2new text begin project under paragraph (d)new text end .
9.3 (c) "Biomass" includes:
9.4 (1) methane or other combustible gases derived from the processing of plant or
9.5animal material;
9.6 (2) alternative fuels derived from soybean and other agricultural plant oils or animal
9.7fats;
9.8 (3) combustion of barley hulls, corn, soy-based products, or other agricultural
9.9products;
9.10 (4) wood residue from the wood products industry in Minnesota or other wood
9.11products such as short-rotation woody or fibrous agricultural crops; and
9.12 (5) landfill gas, mixed municipal solid waste, and refuse-derived fuel from mixed
9.13municipal solid waste.
9.14 new text begin (d) "Qualifying solar energy project" means a qualifying solar thermal project or new text end
9.15new text begin qualifying solar electric project.new text end
9.16 new text begin (e) "Qualifying solar thermal project" means a flat plate or evacuated tube that meets new text end
9.17new text begin the requirements of section 216C.25 with a fixed orientation that collects the sun's radiant new text end
9.18new text begin energy and transfers it to a storage medium for distribution as energy to heat or cool air or new text end
9.19new text begin water, but does not include equipment used to heat water at a residential property (1) for new text end
9.20new text begin domestic use if less than one-half of the energy used for that purpose is derived from the new text end
9.21new text begin sun or (2) for use in a hot tub or swimming pool.new text end
9.22 new text begin (f) "Qualifying solar electric project" means solar electric equipment that meets the new text end
9.23new text begin requirements of section 216C.25 with a total peak generating capacity of 100 kilowatts new text end
9.24new text begin or less used for generating electricity primarily for use in a residential property or small new text end
9.25new text begin business to reduce the effective electric load for that residence or small business.new text end
9.26 new text begin (g) "Residential property" means the principal residence used by the homeowner at new text end
9.27new text begin the time the solar equipment is placed in service.new text end
9.28 new text begin (h) "Small business" has the meaning given to it in section 645.445.new text end
9.29 Sec. 12. Minnesota Statutes 2006, section 216B.2411, is amended by adding a
9.30subdivision to read:
9.31 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
9.32new text begin may include in its conservation plan programs for the installation of qualifying solar new text end
9.33new text begin energy projects as provided in this section. Qualifying solar energy projects must new text end
9.34new text begin meet or exceed cost-effectiveness and other guidelines to be developed by order of new text end
9.35new text begin the commissioner. Energy savings from qualifying solar energy projects may not be new text end
10.1new text begin counted toward the minimum energy savings goal of at least one percent for energy new text end
10.2new text begin conservation improvements required under section 216B.241, subdivision 1c, but may, as new text end
10.3new text begin the commissioner determines appropriate:new text end
10.4 new text begin (1) be counted above that minimum percentage; andnew text end
10.5 new text begin (2) be considered when establishing performance incentives under section 216B.241, new text end
10.6new text begin subdivision 2c.new text end
10.7 new text begin (b) Qualifying solar energy projects may not be considered when establishing new text end
10.8new text begin demand-side management targets under sections 216B.2422, 216B.243, or any other new text end
10.9new text begin section of this chapter.new text end
10.10 Sec. 13. Minnesota Statutes 2006, section 216B.243, is amended by adding a
10.11subdivision to read:
10.12 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
10.13new text begin do not apply to a wind energy conversion system or a solar electric generation facility that new text end
10.14new text begin is intended to be used to meet or exceed the obligations of section 216B.1691; provided new text end
10.15new text begin that, after notice and comment, the commission determines that the facility is a reasonable new text end
10.16new text begin and prudent approach to meeting a utility's obligations under that section. When making new text end
10.17new text begin this determination, the commission may consider the size of the facility relative to a new text end
10.18new text begin utility's total need for renewable resources and alternative approaches for supplying new text end
10.19new text begin the renewable energy to be supplied by the proposed facility, and must consider the new text end
10.20new text begin facility's ability to promote economic development, as required under section 216B.1691, new text end
10.21new text begin subdivision 9, maintain electric system reliability and consider impacts on ratepayers, and new text end
10.22new text begin other criteria as the commission may determine are relevant.new text end
10.23new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
10.24 Sec. 14. Minnesota Statutes 2006, section 216E.03, is amended by adding a subdivision
10.25to read:
10.26 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
10.27new text begin commission, the applicant shall provide notice to each local unit of government within new text end
10.28new text begin which a route may be proposed. The notice must describe the proposed project and the new text end
10.29new text begin opportunity for a preapplication consultation meeting with local units of government as new text end
10.30new text begin provided in subdivision 3b.new text end
10.31new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
11.1 Sec. 15. Minnesota Statutes 2006, section 216E.03, is amended by adding a subdivision
11.2to read:
11.3 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
11.4new text begin project notice, local units of government may request the applicant hold a consultation new text end
11.5new text begin meeting with local units of government. Upon receiving notice from a local unit of new text end
11.6new text begin government requesting a preapplication consultation meeting, the applicant shall arrange new text end
11.7new text begin the meeting at a location chosen by the local unit of government.new text end
11.8new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
11.9 Sec. 16. Minnesota Statutes 2006, section 216E.03, subdivision 4, is amended to read:
11.10 Subd. 4. Notice of Applicationnew text begin noticenew text end . Within 15 days after submission of an
11.11application to the commission, the applicant shall publish notice of the application in
11.12a legal newspaper of general circulation in each county in which the site or route is
11.13proposed and send a copy of the application by certified mail to any regional development
11.14commission, county, incorporated municipality, and townshipnew text begin townnew text end in which any part
11.15of the site or route is proposed. Within the same 15 days, the applicant shall also send
11.16a notice of the submission of the application and description of the proposed project to
11.17each owner whose property is on or adjacent to any of the proposed sites for the power
11.18plant or along any of the proposed routes for the transmission line. The notice shallnew text begin mustnew text end
11.19identify a location where a copy of the application can be reviewed. For the purpose
11.20of giving mailed notice under this subdivision, owners shall benew text begin arenew text end those shown on the
11.21records of the county auditor or, in any county where tax statements are mailed by the
11.22county treasurer, on the records of the county treasurer; but other appropriate records may
11.23be used for this purpose. The failure to give mailed notice to a property owner, or defects
11.24in the notice, shallnew text begin doesnew text end not invalidate the proceedings, provided a bona fide attempt to
11.25comply with this subdivision has been made. Within the same 15 days, the applicant shall
11.26also send the same notice of the submission of the application and description of the
11.27proposed project to those persons who have requested to be placed on a list maintained by
11.28the commission for receiving notice of proposed large electric generating power plants
11.29and high voltage transmission lines.
11.30new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
11.31 Sec. 17. new text begin [216F.012] SIZE ELECTION.new text end
11.32 new text begin (a) Owners of wind energy conversion systems that consist of single ownership new text end
11.33new text begin units with a nameplate capacity less than five megawatts and a combined nameplate new text end
12.1new text begin capacity of less than 25 megawatts, as determined under section 216F.011, may elect to be new text end
12.2new text begin classified as a small wind energy conversion system or a large wind energy conversion new text end
12.3new text begin system under this chapter.new text end
12.4 new text begin (b) This section expires July 1, 2012.new text end
12.5 Sec. 18. new text begin [216F.09] WECS AGGREGATION PROGRAM.new text end
12.6 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
12.7new text begin development assistance under Laws 2007, chapter 57, article 2, section 3, subdivision 6, new text end
12.8new text begin shall also establish a wind energy conversion system (WECS) aggregation program. The new text end
12.9new text begin purpose of the program is to create a clearinghouse to coordinate and arrange umbrella new text end
12.10new text begin sales arrangements for groups of individuals, farmstead property owners, farmers' new text end
12.11new text begin cooperative associations, community-based energy project developers, school districts, new text end
12.12new text begin and other political subdivisions to aggregate small-volume purchases, as a group, in order new text end
12.13new text begin to place large orders for wind energy conversion systems with WECS manufacturers.new text end
12.14 new text begin Subd. 2.new text end new text begin Responsibilities.new text end new text begin The entity shall:new text end
12.15 new text begin (1) provide application procedures for participation in the program; new text end
12.16 new text begin (2) set minimum standards for wind energy conversion systems to be considered for new text end
12.17new text begin purchase through the program, which may include price, quality and installation standards, new text end
12.18new text begin timely delivery schedules and arrangements, performance and reliability ratings, and any new text end
12.19new text begin other factors considered necessary or desirable for participants;new text end
12.20 new text begin (3) set eligibility considerations and requirements for purchasers, including new text end
12.21new text begin availability to the applicant of land authorized for installation and use of WECS, new text end
12.22new text begin likelihood of a permit being approved by the commission or a county under this chapter, new text end
12.23new text begin documentation of adequate financing, and other necessary or usual financial or business new text end
12.24new text begin practices or requirements; new text end
12.25 new text begin (4) provide a minimal framework for soliciting or contacting manufacturers on new text end
12.26new text begin behalf of participants; andnew text end
12.27 new text begin (5) coordinate purchase agreements between the manufacturer and participants.new text end
12.28 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
12.29new text begin of commerce shall submit a report to the chairs and ranking minority members of the new text end
12.30new text begin senate and house of representatives committees with primary jurisdiction over energy new text end
12.31new text begin policy on the activities and results of the program, including the number of participants new text end
12.32new text begin and the number of purchases made.new text end
12.33 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
12.34new text begin must be assessed under section 216C.052, subdivision 2, paragraph (c), clause (1). The new text end
12.35new text begin assessment is appropriated to the commissioner of commerce to be used by the director new text end
13.1new text begin of the Office of Energy Security for a grant to the entity to carry out the purposes of new text end
13.2new text begin this section.new text end
13.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
13.4 Sec. 19. new text begin [216H.07] GREENHOUSE GAS EMISSION REDUCTION new text end
13.5new text begin ATTAINMENT; POLICY DEVELOPMENT PROCESS.new text end
13.6 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
13.7new text begin greenhouse gas emissions reductions goals specified in section 216H.02, subdivision 1.new text end
13.8 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 process new text end
13.9new text begin for the state to develop policies to attain the greenhouse gas reduction goals specified new text end
13.10new text begin in section 216H.02.new text end
13.11 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
13.12new text begin even-numbered year, the commissioners of commerce and the Pollution Control Agency new text end
13.13new text begin shall jointly report to the chairs and ranking minority members of the legislative new text end
13.14new text begin committees with primary policy jurisdiction over energy and environmental issues the new text end
13.15new text begin most recent and best available evidence identifying the level of reductions already new text end
13.16new text begin achieved and the level necessary to achieve the reduction goals established in section new text end
13.17new text begin 216H.02. The report must be written in easily understood, nontechnical language.new text end
13.18 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
13.19new text begin Pollution Control Agency shall annually by November 1 provide to the chairs and ranking new text end
13.20new text begin minority members of the legislative committees with primary policy jurisdiction over new text end
13.21new text begin energy and environmental issues proposed legislation the commissioners determine new text end
13.22new text begin appropriate to achieve the reductions. If the commissioners determine no legislation is new text end
13.23new text begin appropriate, they shall report that determination to the chairs along with an explanation of new text end
13.24new text begin the determination.new text end
13.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
13.26 Sec. 20. new text begin [216H.10] DEFINITIONS.new text end
13.27 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
13.28new text begin following terms have the meanings given.new text end
13.29 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
13.30 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
13.31new text begin quantity of carbon dioxide that has the same global warming potential as a given amount new text end
13.32new text begin of another greenhouse gas.new text end
14.1 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
14.2new text begin Control Agency.new text end
14.3 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
14.4new text begin increase in the temperature of the atmosphere near the earth's surface and the oceans.new text end
14.5 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
14.6new text begin "GWP" means a quantitative measure of the potential of an emission of a greenhouse new text end
14.7new text begin gas to contribute to global warming over a 100-year period expressed in terms of the new text end
14.8new text begin equivalent emission of carbon dioxide needed to produce the same 100-year warming new text end
14.9new text begin effect, as reported in Fourth Assessment Report: Climate Change 2007, Intergovernmental new text end
14.10new text begin Panel on Climate Change.new text end
14.11 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
14.12new text begin hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.new text end
14.13 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
14.14new text begin vapor compression refrigeration equipment used to cool the passenger compartment of a new text end
14.15new text begin motor vehicle.new text end
14.16 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
14.17new text begin subdivision 4.new text end
14.18 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
14.19new text begin section 80E.03, subdivision 7.new text end
14.20 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
14.21new text begin designed and intended for use in a mobile air conditioner to transfer heat out of the space new text end
14.22new text begin being cooled.new text end
14.23new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
14.24 Sec. 21. new text begin [216H.11] HIGH-GWP GREENHOUSE GAS REPORTING.new text end
14.25 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
14.26new text begin thereafter, a manufacturer of a high-GWP greenhouse gas must report to the agency the new text end
14.27new text begin total amount of each high-GWP greenhouse gas sold to a purchaser in this state during new text end
14.28new text begin the previous year.new text end
14.29 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
14.30new text begin person in this state who purchases 100 metric tons or more carbon dioxide equivalent new text end
14.31new text begin of a high-GWP greenhouse gas must report to the agency, on a form prescribed by the new text end
14.32new text begin commissioner, the total amount of each high-GWP greenhouse gas purchased during the new text end
14.33new text begin previous year and the purpose for which the gas was used.new text end
15.1 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
15.2new text begin section may be satisfied by filing with the commissioner a copy of a greenhouse gas new text end
15.3new text begin emissions report filed with a federal agency.new text end
15.4new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
15.5 Sec. 22. new text begin [216H.12] MOBILE AIR CONDITIONER LEAKAGE RATES; new text end
15.6new text begin DISCLOSURE.new text end
15.7 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
15.8new text begin selling or offering for sale a new motor vehicle in this state containing a mobile air new text end
15.9new text begin conditioner that uses the high-GWP greenhouse gas HFC-134a (1,1,1,2-tetrafluoroethane) new text end
15.10new text begin as a refrigerant must, 90 days prior to the initial sale or offer for sale, report to the new text end
15.11new text begin commissioner the leakage rate, in grams of refrigerant per year, for the type of mobile new text end
15.12new text begin air conditioner contained in that make, model, and model year. The leakage rate must be new text end
15.13new text begin calculated using the information provided in the most recently published version of the new text end
15.14new text begin Society of Automotive Engineers International document J2727, "HFC-134a Mobile new text end
15.15new text begin Air Conditioning System Emission Chart." The method by which the leakage rate is new text end
15.16new text begin calculated, accounting for each component of the air conditioning unit, must also be new text end
15.17new text begin reported to the commissioner.new text end
15.18 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
15.19new text begin Attorney General must post on their Web sites:new text end
15.20 new text begin (1) the leakage rate disclosed by a manufacturer under subdivision 1 for each model new text end
15.21new text begin and make of new motor vehicle sold or offered for sale in this state; andnew text end
15.22 new text begin (2) the following statement: "Vehicle air conditioning systems may leak refrigerants. new text end
15.23new text begin Information provided in the chart compares the potential global warming effects of new text end
15.24new text begin refrigerant leakage from different makes and models of vehicles."new text end
15.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
15.26 Sec. 23. new text begin [216H.15] ENFORCEMENT.new text end
15.27 new text begin Sections 216H.10 to 216H.12 may be enforced under section 116.072.new text end
15.28new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
15.29 Sec. 24. new text begin REPORT.new text end
15.30 new text begin By February 1, 2009, the commissioner of the Pollution Control Agency shall new text end
15.31new text begin submit a report to the chairs and ranking minority members of the senate and house of new text end
15.32new text begin representatives committees with primary jurisdiction over environmental policy that new text end
16.1new text begin identifies the uses and emissions sources of hydrofluorocarbons, perfluorocarbons, and new text end
16.2new text begin sulfur hexafluoride in this state and suggests options for reducing or eliminating those new text end
16.3new text begin uses and emissions and the costs of implementing those options. The options for reducing new text end
16.4new text begin emissions must include phasing out specific consumer products containing high global new text end
16.5new text begin warming potential gases where that is cost-effective.new text end
16.6new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
16.7 Sec. 25. new text begin SOLAR RATING AND CERTIFICATION LABORATORY.new text end
16.8 new text begin The director of the Office of Energy Security shall convene technical stakeholders new text end
16.9new text begin who are expert in the design, manufacture, installation, and operation of solar energy new text end
16.10new text begin systems to develop criteria and characteristics for a Minnesota-based solar rating and new text end
16.11new text begin certification laboratory. The criteria shall include, but not be limited to, consideration of new text end
16.12new text begin durability, cold-weather operations, and indoor air quality. The director shall develop and, new text end
16.13new text begin by September 15, 2008, issue a request for proposals for the development of a plan, based new text end
16.14new text begin on the criteria and characteristics developed by the stakeholder group, for a solar rating new text end
16.15new text begin and certification laboratory in the state, including cost estimates. By January 15, 2009, new text end
16.16new text begin the director shall submit a report to the chairs of the house and senate committees with new text end
16.17new text begin jurisdiction over energy finance issues, detailing the responses to the request and making new text end
16.18new text begin recommendations, including draft legislation.new text end
16.19new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end
16.20 Sec. 26. new text begin REPEALER.new text end
16.21new text begin Minnesota Statutes 2006, section 115C.09, subdivision 3j,new text end new text begin is repealed.new text end
16.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end