SF 657

CCR--SF0657B - 86th Legislature (2009 - 2010)

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

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 657 1.2A bill for an act 1.3relating to energy; providing direction for the use of federal stimulus money 1.4for energy programs; appropriating money;proposing coding for new law in 1.5Minnesota Statutes, chapter 216C. 1.6May 15, 2009 1.7The Honorable James P. Metzen 1.8President of the Senate 1.9The Honorable Margaret Anderson Kelliher 1.10Speaker of the House of Representatives 1.11We, the undersigned conferees for S.F. No. 657 report that we have agreed upon the 1.12items in dispute and recommend as follows: 1.13That the House recede from its amendments and that S.F. No. 657 be further 1.14amended as follows: 1.15Delete everything after the enacting clause and insert: 1.16"ARTICLE 1 1.17DEFINITIONS; LEGISLATIVE NOTICE 1.18    Section 1. new text begin FEDERAL STIMULUS FUNDING. new text end 1.19     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purposes of articles 1 to 6, the following terms new text end 1.20 new text begin have the meanings given them. new text end 1.21 new text begin (a) "Act" means the American Recovery and Reinvestment Act of 2009, Public Law new text end 1.22 new text begin 111-5, unless the reference is to "this act," which refers to articles 1 to 7. new text end 1.23 new text begin (b) "Commissioner" means the commissioner of commerce. new text end 1.24 new text begin (c) "Stimulus funding" or "funding" means funding provided to the state under new text end 1.25 new text begin the act for: new text end 1.26 new text begin (1) energy efficiency and conservation block grants authorized under subtitle E of new text end 1.27 new text begin title V of the federal Energy Independence and Security Act of 2007, United States Code, new text end 1.28 new text begin title 42, section 17151, et seq.; new text end 2.1 new text begin (2) the Weatherization Assistance Program authorized under part A of title IV of the new text end 2.2 new text begin federal Energy Conservation and Production Act, United States Code, title 42, section new text end 2.3 new text begin 6861, et seq.; and new text end 2.4 new text begin (3) the State Energy Program authorized under part D of title III of the federal new text end 2.5 new text begin Energy Policy and Conservation Act, United States Code, title 42, section 6321, et seq. new text end 2.6 new text begin (d) "Windows" or "energy-efficient windows" means new or replacement windows new text end 2.7 new text begin that are Energy Star qualified under federal guidelines or for windows for nonresidential new text end 2.8 new text begin structures it means windows of reasonably similar energy performance to Energy Star new text end 2.9 new text begin windows. new text end 2.10     new text begin Subd. 2. new text end new text begin Stimulus funding allocation. new text end new text begin To the extent consistent with the act and new text end 2.11 new text begin other federal law and regulations, stimulus funding must be allocated and expended as new text end 2.12 new text begin provided under this act. new text end 2.13     new text begin Subd. 3. new text end new text begin Administrative costs. new text end new text begin The commissioner may spend no more than five new text end 2.14 new text begin percent of the funds expended on programs under articles 2 to 4 for administrative costs of new text end 2.15 new text begin the programs. new text end 2.16     new text begin Subd. 4. new text end new text begin Contractors; bidding. new text end new text begin Contracts funded in whole or in part under articles new text end 2.17 new text begin 2 to 4 must, to the extent practicable, ensure that bidding contractors are qualified and new text end 2.18 new text begin participate in available apprentice and training programs for all work performed. Bidding new text end 2.19 new text begin for contracts must, to the extent practicable, use the process established in Minnesota new text end 2.20 new text begin Statutes, section 16C.16, subdivisions 4, 5, 6, and 7, except that subdivision 12 does new text end 2.21 new text begin not apply. new text end 2.22    Sec. 2. new text begin LEGISLATIVE NOTICE. new text end 2.23 new text begin The commissioner shall notify the chairs and ranking minority members of the new text end 2.24 new text begin senate and house of representatives committees with primary jurisdiction over energy new text end 2.25 new text begin policy and finance when releasing a request for proposals or awarding a grant greater than new text end 2.26 new text begin $25,000 for a grant program authorized under articles 2 to 4. new text end 2.27ARTICLE 2 2.28ENERGY EFFICIENCY 2.29    Section 1. new text begin WEATHERIZATION. new text end 2.30     new text begin Subdivision 1. new text end new text begin Priority. new text end new text begin Priority must be given to serving the largest number of new new text end 2.31 new text begin weatherization clients consistent with federal eligibility requirements. new text end 2.32     new text begin Subd. 2. new text end new text begin Rental units. new text end new text begin The commissioner shall attempt to increase the number new text end 2.33 new text begin of low-income rental units weatherized. new text end 3.1     new text begin Subd. 3. new text end new text begin Shelters. new text end new text begin A shelter, as defined in Code of Federal Regulations, title 10, new text end 3.2 new text begin section 440.3, is eligible to receive weatherization assistance under this section. new text end 3.3     new text begin Subd. 4. new text end new text begin Income eligibility. new text end new text begin Income eligibility limits for participants in the new text end 3.4 new text begin weatherization assistance program shall be the highest level allowed under federal law. new text end 3.5 new text begin The commissioner shall in a timely manner take all actions necessary to implement this new text end 3.6 new text begin requirement. new text end 3.7     new text begin Subd. 5. new text end new text begin Solar heat. new text end new text begin An individual who receives assistance to provide solar new text end 3.8 new text begin heat through the Renewable Energy Equipment Program is eligible for weatherization new text end 3.9 new text begin assistance under this section, provided that the individual meets all other eligibility new text end 3.10 new text begin requirements for receiving weatherization assistance. new text end 3.11     new text begin Subd. 6. new text end new text begin Federal waiver. new text end new text begin The commissioner shall apply for a waiver or otherwise new text end 3.12 new text begin seek authority from the United States Department of Energy to use funds under this section new text end 3.13 new text begin to weatherize abandoned and foreclosed residential properties acquired and rehabilitated new text end 3.14 new text begin with funds provided through the federal Neighborhood Stabilization Program. new text end 3.15     new text begin Subd. 7. new text end new text begin Payments authorized. new text end new text begin Notwithstanding Minnesota Statutes, section new text end 3.16 new text begin 16A.15, subdivision 3, the commissioner may make payment to a weatherization service new text end 3.17 new text begin provider for allowable and eligible costs incurred for planning, capacity expansion, new text end 3.18 new text begin workforce mobilization, and training activities. Payment may be made for costs incurred new text end 3.19 new text begin on or after the effective date of an amendment to the weatherization service provider's new text end 3.20 new text begin contract that obligates the provider to comply with the requirements of the act. new text end 3.21    Sec. 2. new text begin RESIDENTIAL ENERGY EFFICIENCY PROGRAMS. new text end 3.22 new text begin The commissioner shall coordinate with the Minnesota Housing Finance Agency new text end 3.23 new text begin to use stimulus funds in conjunction with the Minnesota Housing Finance Agency's new text end 3.24 new text begin financing programs, including, but not limited to, loans, grants, and rebates, and additional new text end 3.25 new text begin programs the Minnesota Housing Finance Agency or other entities may develop to finance new text end 3.26 new text begin energy efficiency improvements in dwellings, including the purchase and installation of new text end 3.27 new text begin energy efficient windows. Financing programs for which there is market demand must new text end 3.28 new text begin be prioritized. new text end 3.29    Sec. 3. new text begin INNOVATIVE ENERGY RESIDENTIAL EFFICIENCY PROGRAM. new text end 3.30     new text begin Subdivision 1. new text end new text begin Program. new text end new text begin The commissioner shall make a grant to a city of the first new text end 3.31 new text begin class located in the service area of Minnesota Power for an innovative residential energy new text end 3.32 new text begin efficiency program that must coordinate its activities with the state energy program, local new text end 3.33 new text begin government unit, weatherization program, utility conservation improvement program, and new text end 4.1 new text begin private nonprofit funding sources. Stimulus funds must be matched $1 for every $4 of new text end 4.2 new text begin stimulus funds granted under this section and are available to the extent of the match. The new text end 4.3 new text begin program must include the following elements: new text end 4.4 new text begin (1) provision of basic residential energy conservation measures; new text end 4.5 new text begin (2) provision of more comprehensive residential energy conservation measures, new text end 4.6 new text begin including extensive retrofits and appliance upgrades; new text end 4.7 new text begin (3) a plan to establish a revolving loan fund so that the program is sustainable over new text end 4.8 new text begin time; and new text end 4.9 new text begin (4) innovative financing options allowing residents to finance energy efficiency new text end 4.10 new text begin improvements, at least in part, with energy savings. new text end 4.11     new text begin Subd. 2. new text end new text begin Report. new text end new text begin By January 15, 2010, and October 30, 2010, the city must submit new text end 4.12 new text begin a report measuring and assessing the program's effectiveness and energy savings to the new text end 4.13 new text begin commissioner and the chairs and ranking minority members of the senate and house of new text end 4.14 new text begin representatives committees with primary jurisdiction over energy policy and finance. new text end 4.15    Sec. 4. new text begin SMALL CITY ENERGY EFFICIENCY GRANT. new text end 4.16     new text begin Subdivision 1. new text end new text begin Program. new text end new text begin The commissioner shall make a grant for an innovative new text end 4.17 new text begin residential energy efficiency program in a small rural city with a population under 4,000 new text end 4.18 new text begin located in the service area of Minnesota Power that is currently working with that utility, new text end 4.19 new text begin the county housing and redevelopment authority, and other state and local housing new text end 4.20 new text begin organizations to enhance energy efficiency for residents and businesses. Stimulus funds new text end 4.21 new text begin must be matched $1 for every $4 of stimulus funds granted under this section and are new text end 4.22 new text begin available to the extent of the match. The program must include the following elements: new text end 4.23 new text begin (1) provision of basic residential energy conservation measures; new text end 4.24 new text begin (2) provision of more comprehensive residential energy conservation measures, new text end 4.25 new text begin including extensive retrofits and appliance upgrades; new text end 4.26 new text begin (3) a plan to establish a revolving loan fund so that the program is sustainable over new text end 4.27 new text begin time; and new text end 4.28 new text begin (4) innovative financing options allowing residents to finance energy efficiency new text end 4.29 new text begin improvements, at least in part, with energy savings. new text end 4.30     new text begin Subd. 2. new text end new text begin Report. new text end new text begin By January 15, 2010, and October 30, 2010, the city must submit new text end 4.31 new text begin a report measuring and assessing the program's effectiveness and energy savings to the new text end 4.32 new text begin commissioner and the chairs and ranking minority members of the senate and house of new text end 4.33 new text begin representatives committees with primary jurisdiction over energy policy and finance. new text end 5.1    Sec. 5. new text begin OUTREACH ACTIVITIES TO INCREASE RESIDENTIAL new text end 5.2 new text begin PARTICIPATION IN ENERGY EFFICIENCY ACTIVITIES. new text end 5.3 new text begin In order to maximize the number of new households participating in programs new text end 5.4 new text begin delivering residential energy conservation services under this act, the commissioner shall new text end 5.5 new text begin use stimulus funds to award grants on a competitive basis by September 1, 2009, to one new text end 5.6 new text begin or more organizations that are experienced in conducting outreach activities to partner new text end 5.7 new text begin with nonprofit and community organizations. Outreach activities must include, without new text end 5.8 new text begin limitation, households in low-income areas, small cities, and rural communities, and must new text end 5.9 new text begin reach all regions of the state. The methods used to contact households may include, new text end 5.10 new text begin but are not limited to, direct contact with households, advertising in traditional and new text end 5.11 new text begin nontraditional media, distribution of literature, presence at community events, partnering new text end 5.12 new text begin with community organizations, and other innovative measures. The commissioner new text end 5.13 new text begin may contract to coordinate outreach efforts with a community-based organization with new text end 5.14 new text begin demonstrated regional or statewide capacity, including an organization established under new text end 5.15 new text begin Minnesota Statutes, section 216C.385. new text end 5.16    Sec. 6. new text begin ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANTS new text end 5.17 new text begin TO LOCAL GOVERNMENTS. new text end 5.18 new text begin The commissioner shall award grants to local units of government to enhance new text end 5.19 new text begin energy efficiency and reduce energy use. Energy efficiency and conservation block new text end 5.20 new text begin grant funds may be used for grants for activities including, but not limited to, planning, new text end 5.21 new text begin consultant services, energy audits, implementing energy-efficient building codes and new text end 5.22 new text begin inspection services, and energy efficiency renovations, including window replacement, new text end 5.23 new text begin street lighting, and the installation of renewable energy devices used in public buildings. new text end 5.24 new text begin Grants may only be made to local units of government not receiving direct federal energy new text end 5.25 new text begin efficiency and conservation block grant stimulus funding. new text end 5.26    Sec. 7. new text begin LOCAL GOVERNMENT AND SCHOOL DISTRICT RENOVATIONS. new text end 5.27 new text begin (a) The commissioner shall award grants to local governments and school districts to new text end 5.28 new text begin make energy efficiency improvements in existing local government and school district new text end 5.29 new text begin facilities. The use of stimulus funds must be coordinated with the local public building new text end 5.30 new text begin enhanced energy efficiency program under Minnesota Statutes, section 216C.43, or other new text end 5.31 new text begin available financing programs. new text end 5.32 new text begin (b) The commissioner shall prioritize lighting upgrades, energy-efficient windows, new text end 5.33 new text begin energy recommissioning, and other cost-effective energy projects that are ready for new text end 5.34 new text begin immediate implementation. new text end 6.1 new text begin (c) The commissioner may require a local government or school district, as a new text end 6.2 new text begin condition of receiving a grant, to commit to implement future activities, including but not new text end 6.3 new text begin limited to staff training, that are designed to create additional energy or operating savings new text end 6.4 new text begin to the local government. new text end 6.5 new text begin (d) The commissioner shall coordinate with the Department of Education to new text end 6.6 new text begin prioritize school district projects for funding under this section, consistent with the new text end 6.7 new text begin principles of statewide geographic distribution of projects, optimized energy savings, and new text end 6.8 new text begin an improved learning environment for schoolchildren. new text end 6.9    Sec. 8. new text begin STATE GOVERNMENT BUILDING RENOVATIONS. new text end 6.10 new text begin (a) The commissioner shall use stimulus funds to renovate state government new text end 6.11 new text begin buildings to enhance energy efficiency. The commissioner and the commissioner of new text end 6.12 new text begin administration shall select, fund, and implement state government building renovation new text end 6.13 new text begin projects using federal stimulus money. Priority must be given to lighting upgrades, new text end 6.14 new text begin window repair and replacement with energy-efficient windows, energy recommissioning, new text end 6.15 new text begin and other cost-effective energy projects that are ready for immediate implementation. new text end 6.16 new text begin (b) In addition to other uses, funds may be used to advance public building enhanced new text end 6.17 new text begin energy efficiency program projects under Minnesota Statutes, section 16B.322, and for new text end 6.18 new text begin grants for a portion of costs incurred by state agencies in implementing energy efficiency new text end 6.19 new text begin improvements not part of that program. new text end 6.20 new text begin (c) Funds may be used to develop a system and procedures to set energy-reduction new text end 6.21 new text begin goals for state buildings, to automate utility bill data and analysis, to develop a system for new text end 6.22 new text begin reporting monthly energy use relative to these state building energy-reduction goals, and new text end 6.23 new text begin to install individual metering devices for separate buildings. new text end 6.24 new text begin (d) The Department of Administration may require a state agency, as a condition of new text end 6.25 new text begin receiving stimulus funds under this section, to commit to implement future energy-savings new text end 6.26 new text begin activities, including but not limited to staff training, that are designed to create additional new text end 6.27 new text begin energy or operating savings to the state agency. new text end 6.28 new text begin (e) By January 15, 2011, and annually thereafter, the commissioner, in consultation new text end 6.29 new text begin with the commissioner of administration, must issue a report to the chairs and ranking new text end 6.30 new text begin minority members of the senate and house of representatives committees having new text end 6.31 new text begin jurisdiction over energy policy and finance on the activities and energy savings under new text end 6.32 new text begin this section. new text end 6.33    Sec. 9. Minnesota Statutes 2008, section 16B.322, is amended by adding a subdivision 6.34to read: 7.1     new text begin Subd. 4a. new text end new text begin Financing agreement. new text end new text begin The commissioner of administration may, in new text end 7.2 new text begin connection with a financing agreement, covenant in a master lease-purchase agreement new text end 7.3 new text begin that the state will abide by the terms and provisions that are customary in net lease or new text end 7.4 new text begin lease-purchase transactions including, but not limited to, covenants providing that the state: new text end 7.5 new text begin (1) will maintain insurance as required under the terms of the lease agreement; new text end 7.6 new text begin (2) is responsible to the lessor for any public liability or property damage claims or new text end 7.7 new text begin costs related to the selection, use, or maintenance of the leased equipment, to the extent of new text end 7.8 new text begin insurance or self-insurance maintained by the lessee, and for costs and expenses incurred new text end 7.9 new text begin by the lessor as a result of any default by the lessee; new text end 7.10 new text begin (3) authorizes the lessor to exercise the rights of a secured party with respect to the new text end 7.11 new text begin equipment subject to the lease in the event of default by the lessee and, in addition, for new text end 7.12 new text begin the present recovery of lease rentals due during the current term of the lease as liquidated new text end 7.13 new text begin damages. new text end 7.14    Sec. 10. Minnesota Statutes 2008, section 16B.322, is amended by adding a 7.15subdivision to read: 7.16     new text begin Subd. 4b. new text end new text begin Master lease-purchase agreements not debt. new text end new text begin A tax-exempt new text end 7.17 new text begin lease-purchase agreement related to a financing agreement does not constitute or create a new text end 7.18 new text begin general or moral obligation or indebtedness of the state in excess of the money from time new text end 7.19 new text begin to time appropriated or otherwise available for the payment of rent coming due under the new text end 7.20 new text begin lease, and the state has no continuing obligation to appropriate money for the payment new text end 7.21 new text begin of rent or other obligations under the lease. Rent due under a master lease-purchase new text end 7.22 new text begin agreement during a current lease term for which money has been appropriated is a current new text end 7.23 new text begin expense of the state. new text end 7.24    Sec. 11. Minnesota Statutes 2008, section 16B.322, is amended by adding a subdivision 7.25to read: 7.26     new text begin Subd. 4c. new text end new text begin Budget offset. new text end new text begin The commissioner of finance shall reduce the operating new text end 7.27 new text begin budgets of state agencies that use the master lease-purchase program under a financial new text end 7.28 new text begin agreement. The amount of the reduction is the amount sufficient to make the actual new text end 7.29 new text begin master lease payments. new text end 7.30    Sec. 12. new text begin ENERGY TECHNOLOGY TRANSFER CENTER. new text end 7.31 new text begin The commissioner shall award a grant to a nonprofit organization with extensive new text end 7.32 new text begin experience in the delivery of energy-efficient programs and technical analysis to develop new text end 7.33 new text begin an energy technology transfer center in this state. new text end 8.1    Sec. 13. new text begin NATIONAL ENERGY EFFICIENCY CENTER. new text end 8.2 new text begin (a) The commissioner shall develop a plan for a national energy efficiency center in new text end 8.3 new text begin this state to test energy efficiency equipment and systems to measure actual energy savings new text end 8.4 new text begin performance, to provide an ongoing assessment of energy efficiency best practices, and new text end 8.5 new text begin to coordinate with appropriate public and private entities to disseminate information new text end 8.6 new text begin and provide training on technology developments and best practices. In developing a new text end 8.7 new text begin plan, the commissioner shall collaborate with stakeholders, including but not limited new text end 8.8 new text begin to, the Center for Energy and the Environment, the Minnesota Center for Engineering new text end 8.9 new text begin and Manufacturing Excellence, and the Minnesota Technical Assistance Program at the new text end 8.10 new text begin University of Minnesota. new text end 8.11 new text begin (b) The commissioner shall apply for a grant to create a national energy efficiency new text end 8.12 new text begin center in Minnesota if the federal Department of Energy or other entity makes funding new text end 8.13 new text begin available for that purpose. new text end 8.14ARTICLE 3 8.15RENEWABLE ENERGY 8.16    Section 1. new text begin DEFINITIONS. new text end 8.17 new text begin For the purposes of articles 3 and 4: new text end 8.18 new text begin (1) "renewable energy" or "renewable energy system" means an energy technology new text end 8.19 new text begin that generates electricity or thermal energy from the following sources: new text end 8.20 new text begin (i) solar; new text end 8.21 new text begin (ii) wind; new text end 8.22 new text begin (iii) hydroelectric with a capacity of less than 100 megawatts; new text end 8.23 new text begin (iv) hydrothermal; new text end 8.24 new text begin (v) hydrogen, provided that after January 1, 2010, the hydrogen must be generated new text end 8.25 new text begin from the resources listed in this item; new text end 8.26 new text begin (vi) biomass, which includes, without limitation, landfill gas; rotating woody crops; new text end 8.27 new text begin crop residues; an anaerobic digester system; biomass gasification; the predominantly new text end 8.28 new text begin organic components of wastewater effluent, sludge, or related by-products from publicly new text end 8.29 new text begin owned treatment works, but not including incineration of (A) wastewater sludge or related new text end 8.30 new text begin by-products from publicly owned treatment works; (B) mixed municipal solid waste; or new text end 8.31 new text begin (C) refuse-derived fuel from mixed municipal solid waste; new text end 8.32 new text begin (vii) a district energy system fueled primarily by biomass; new text end 8.33 new text begin (2) "solar energy" has the meaning given to "qualifying solar energy project" in new text end 8.34 new text begin section 216B.2411, subdivision 2, paragraph (d); new text end 9.1 new text begin (3) "solar electric" has the meaning given to "qualifying solar electric project" new text end 9.2 new text begin in section 216B.2411, subdivision 2, paragraph (f), except that the 100-kilowatt peak new text end 9.3 new text begin generating capacity limit does not apply; and new text end 9.4 new text begin (4) "solar thermal" has the meaning given to "qualifying solar thermal project" in new text end 9.5 new text begin section 216B.2411, subdivision 2, paragraph (e). new text end 9.6    Sec. 2. new text begin RENEWABLE ELECTRIC GENERATION AND GEOTHERMAL new text end 9.7 new text begin FACILITY REBATES. new text end 9.8 new text begin (a) The commissioner shall award rebates to qualifying facilities that generate new text end 9.9 new text begin electricity from renewable energy or provide heating and cooling from a geothermal new text end 9.10 new text begin system and that: new text end 9.11 new text begin (1) begin operation after July 1, 2009; and new text end 9.12 new text begin (2) provide electricity or heating and cooling to: new text end 9.13 new text begin (i) a homeowner's primary residence; or new text end 9.14 new text begin (ii) a business with 20 or fewer full-time employees. new text end 9.15 new text begin (b) The owner of a qualifying facility may apply to the commissioner for a rebate new text end 9.16 new text begin of the lesser of $10,000 for homeowners or $25,000 for businesses or 35 percent of the new text end 9.17 new text begin cost of the qualifying facility, including installation costs. new text end 9.18 new text begin (c) The commissioner shall award rebates only from funds appropriated for that new text end 9.19 new text begin purpose and to the extent of those appropriations. Rebates must be made to eligible new text end 9.20 new text begin applicants in the order of the time of receipt of a complete application. new text end 9.21 new text begin (d) For purposes of this section, "qualifying facility" means an electric generation new text end 9.22 new text begin facility with a capacity of less than 40 kilowatts that generates electricity from a renewable new text end 9.23 new text begin energy source or a geothermal system that provides heating and cooling. new text end 9.24    Sec. 3. new text begin SOLAR REBATE PROGRAM. new text end 9.25 new text begin The commissioner shall award rebates to homeowners and businesses that install new text end 9.26 new text begin solar energy projects. new text end 9.27    Sec. 4. new text begin SOLAR CITIES PROGRAM. new text end 9.28 new text begin The commissioner shall award grants to local units of government for the installation new text end 9.29 new text begin of large and small-scale solar electric or thermal projects, including innovative energy new text end 9.30 new text begin storage technology, in a geographically-concentrated area. The project must leverage new text end 9.31 new text begin funds from the federal Department of Energy to demonstrate the impacts of these projects new text end 9.32 new text begin on the electric grid, and the costs and benefits to ratepayers. The commissioner may new text end 9.33 new text begin develop matching requirements for these solar projects in order to maximize job creation new text end 9.34 new text begin and renewable energy development. new text end 10.1    Sec. 5. new text begin SCHOOL DISTRICT AND LOCAL GOVERNMENT RENEWABLE new text end 10.2 new text begin ENERGY GRANT PROGRAM. new text end 10.3     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For the purposes of this section, the terms defined in new text end 10.4 new text begin this subdivision have the meanings given them. new text end 10.5 new text begin (b) "Local government" means a public school district, home rule charter or statutory new text end 10.6 new text begin city, county, regional government, park district, port authority, or town. new text end 10.7     new text begin Subd. 2. new text end new text begin Program established. new text end new text begin The commissioner shall award grants to units of new text end 10.8 new text begin local government to finance the purchase and installation of a renewable energy system or new text end 10.9 new text begin a geothermal heating and cooling system under this section. new text end 10.10     new text begin Subd. 3. new text end new text begin Grant proposals. new text end new text begin The commissioner shall publish in the State Register new text end 10.11 new text begin a request for proposals from local governments for a grant under this section. Within new text end 10.12 new text begin 60 days after the deadline for receipt of proposals, the commissioner shall select grant new text end 10.13 new text begin proposals based on the following criteria: new text end 10.14 new text begin (1) the reliability and cost-effectiveness of the renewable technology to be installed new text end 10.15 new text begin under the proposal, including integration of energy storage; new text end 10.16 new text begin (2) the extent to which the proposal effectively integrates with the conservation new text end 10.17 new text begin and energy efficiency programs of the energy utilities serving the local government or new text end 10.18 new text begin school district; new text end 10.19 new text begin (3) the extent to which the local government or school district has maximized other new text end 10.20 new text begin cost-effective energy efficiency and conservation improvements; new text end 10.21 new text begin (4) the total life-cycle energy use and greenhouse gas emissions reductions per new text end 10.22 new text begin dollar of installed cost; new text end 10.23 new text begin (5) the geographic distribution of grant recipients throughout the state; new text end 10.24 new text begin (6) the percentage of total project cost requested; new text end 10.25 new text begin (7) the extent to which the proposal uses parts manufactured or produced in the new text end 10.26 new text begin state in the assembly of a final product; and new text end 10.27 new text begin (8) other criteria the commissioner may determine to be necessary and appropriate. new text end 10.28     new text begin Subd. 4. new text end new text begin Educational programming. new text end new text begin A school district must integrate information new text end 10.29 new text begin about the renewable energy system for which a grant is received under this section in its new text end 10.30 new text begin educational programming. new text end 10.31     new text begin Subd. 5. new text end new text begin Grant terms. new text end new text begin The maximum grant to a local government under this new text end 10.32 new text begin section may not exceed: new text end 10.33 new text begin (1) for solar electric projects greater than or equal to 100 kilowatts rated capacity, new text end 10.34 new text begin the lesser of 40 percent of total project cost or $200,000; new text end 11.1 new text begin (2) for solar electric projects less than 100 kilowatts rated capacity, the lesser of 40 new text end 11.2 new text begin percent of total project cost or $100,000; new text end 11.3 new text begin (3) for wind projects greater than or equal to 40 kilowatts rated capacity, the lesser of new text end 11.4 new text begin 35 percent of total project cost or $150,000; new text end 11.5 new text begin (4) for wind projects less than 40 kilowatts rated capacity, the lesser of 35 percent new text end 11.6 new text begin of total project cost or $25,000; new text end 11.7 new text begin (5) for geothermal energy projects, the lesser of 35 percent of total project cost or new text end 11.8 new text begin $100,000; new text end 11.9 new text begin (6) for solar thermal projects, the lesser of 50 percent of total project cost or new text end 11.10 new text begin $75,000; or new text end 11.11 new text begin (7) for combined heat and power projects and district energy projects, the lesser of new text end 11.12 new text begin 35 percent of total project cost or $200,000. new text end 11.13    Sec. 6. new text begin EMERGING RENEWABLE ENERGY INDUSTRIES GRANT new text end 11.14 new text begin PROGRAM. new text end 11.15     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin (a) For the purposes of this section, the terms defined in new text end 11.16 new text begin this subdivision have the meanings given them. new text end 11.17 new text begin (b) "Eligible business" means an organization that is engaged in or will engage in the new text end 11.18 new text begin manufacture of renewable energy systems, energy storage systems, or geothermal energy new text end 11.19 new text begin systems for heating and cooling, or components for renewable energy systems, energy new text end 11.20 new text begin storage systems, or geothermal energy systems for heating and cooling. new text end 11.21     new text begin Subd. 2. new text end new text begin Program established. new text end new text begin The commissioner shall use stimulus funds under new text end 11.22 new text begin this section to award grants to an eligible business. new text end 11.23     new text begin Subd. 3. new text end new text begin Grant purpose. new text end new text begin The commissioner may make grants to eligible businesses new text end 11.24 new text begin to assist in the development of renewable energy systems, energy storage systems, new text end 11.25 new text begin geothermal energy systems for heating and cooling, and businesses that manufacture new text end 11.26 new text begin components for these types of energy systems in this state. new text end 11.27     new text begin Subd. 4. new text end new text begin Applications. new text end new text begin An applicant shall prepare and submit to the commissioner a new text end 11.28 new text begin written proposal detailing how the applicant will meet the purpose of the grant program new text end 11.29 new text begin and will meet the criteria listed in subdivision 5. An applicant must submit information new text end 11.30 new text begin that demonstrates the financial viability of the eligible business. new text end 11.31     new text begin Subd. 5. new text end new text begin Selection criteria. new text end new text begin When awarding grants, the commissioner shall consider new text end 11.32 new text begin whether the applicant's proposal will: new text end 11.33 new text begin (1) help establish Minnesota as a center for the manufacturing of renewable energy, new text end 11.34 new text begin energy storage, or geothermal system parts and systems; new text end 12.1 new text begin (2) leverage both private funds and other public funds, including federal programs; new text end 12.2 new text begin (3) develop renewable energy, energy storage, or geothermal technology supplier new text end 12.3 new text begin activity in this state; new text end 12.4 new text begin (4) increase manufacturing that promotes or advances the green economy, as defined new text end 12.5 new text begin in section 116J.437, subdivision 1; and new text end 12.6 new text begin (5) create jobs that will contribute to the green economy as defined in section new text end 12.7 new text begin 116J.437, subdivision 1, including jobs in rural areas and areas with high unemployment. new text end 12.8    Sec. 7. new text begin CONVERSION OF FORMER SCHOOL TO RENEWABLE ENERGY new text end 12.9 new text begin BUSINESS CENTER. new text end 12.10 new text begin The commissioner shall award a grant to the city of Kennedy to convert a former new text end 12.11 new text begin school building to use wind, solar, and geothermal energy and to house a renewable new text end 12.12 new text begin energy business center. new text end 12.13    Sec. 8. new text begin SOLAR ELECTRIC INSTALLATIONS. new text end 12.14     new text begin A contract, grant, loan, or other financial assistance for solar electric installations new text end 12.15 new text begin must to the extent practicable: new text end 12.16     new text begin (1) require payment at the prevailing wage rate as defined in Minnesota Statutes, new text end 12.17 new text begin section 177.42; new text end 12.18     new text begin (2) require that the installation of all listed electrical equipment is performed by new text end 12.19 new text begin licensed contractors; new text end 12.20     new text begin (3) be awarded to the best value bidder as defined in Minnesota Statutes, chapter new text end 12.21 new text begin 16C; and new text end 12.22 new text begin (4) require that the bid performance criteria must include, but are not limited to: new text end 12.23 new text begin (i) the vendor's or contractor's primary place of business be located within the state; new text end 12.24 new text begin (ii) a description of the vendor's or contractor's experience installing solar systems new text end 12.25 new text begin and the quality of those installations; and new text end 12.26 new text begin (iii) the possession by the vendor's or contractor's key personnel of an installer's new text end 12.27 new text begin certification from a nationally recognized solar certification body. new text end 12.28ARTICLE 4 12.29COMMERCIAL AND INDUSTRIAL SECTOR ENERGY PROJECTS 12.30    Section 1. new text begin GRANTS TO COMMERCIAL AND INDUSTRIAL FACILITIES. new text end 12.31 new text begin (a) The commissioner shall award a grant to a port authority located in the electric new text end 12.32 new text begin service area of the electric utility with the largest number of commercial and industrial new text end 12.33 new text begin customers in this state for a program to provide for the design, financing, and installation new text end 12.34 new text begin of energy efficiency improvements and renewable energy systems in commercial facilities, new text end 13.1 new text begin industrial facilities, and facilities owned by a nonprofit organized under section 501(c)(3) new text end 13.2 new text begin of the Internal Revenue Code. Program financing must include a revolving loan fund new text end 13.3 new text begin component. new text end 13.4 new text begin (b) Grant recipients may enter into agreements necessary to develop and implement new text end 13.5 new text begin a program under this section. A grant recipient may use up to two percent of the grant new text end 13.6 new text begin award for administrative costs of the energy project. new text end 13.7 new text begin (c) A utility participating in projects receiving a grant under this section is entitled new text end 13.8 new text begin to claim the project's energy savings toward its energy savings goal under Minnesota new text end 13.9 new text begin Statutes, section 216B.241, subdivision 1c. new text end 13.10    Sec. 2. new text begin ENERGY PROGRAMS IN COMMERCIAL AND INDUSTRIAL new text end 13.11 new text begin BUILDINGS. new text end 13.12 new text begin (a) The commissioner shall award grants to economic development authorities or new text end 13.13 new text begin to owners of commercial and industrial facilities and facilities owned by a nonprofit new text end 13.14 new text begin organized under section 501(c)(3) of the Internal Revenue Code for the purpose of: new text end 13.15 new text begin (1) installing energy efficiency improvements; new text end 13.16 new text begin (2) installing devices that use renewable energy sources to generate electricity or to new text end 13.17 new text begin heat or cool a building; or new text end 13.18 new text begin (3) a geothermal system for heating and cooling. new text end 13.19 new text begin (b) To be eligible to receive a grant, a project funded under this section must begin new text end 13.20 new text begin operation after July 1, 2009. new text end 13.21 new text begin (c) The commissioner shall provide forms for grant applications. new text end 13.22 new text begin (d) The commissioner shall make a grant to a county economic development new text end 13.23 new text begin authority for development of a biomass energy facility, which has completed an economic new text end 13.24 new text begin and technical feasibility study, including a market potential and cellulosic feedstock new text end 13.25 new text begin analysis. The county in which the facility will be located must include an investor-owned new text end 13.26 new text begin utility, municipal utility, and cooperative electric association, and it must have adopted an new text end 13.27 new text begin essential services and transmission services ordinance as of May 15, 2009. new text end 13.28 new text begin (e) Grants may also be made to improve the energy efficiency of facilities to displace new text end 13.29 new text begin fossil fuel energy inputs with energy derived from renewable resources via anaerobic new text end 13.30 new text begin digestion, biomass gasification, or other technologies, for combined heat and power or new text end 13.31 new text begin district energy system projects; or for projects using hydrothermal or geothermal energy in new text end 13.32 new text begin an integrated system for cooling, heating, and generating electricity. Grants may not be new text end 13.33 new text begin made under this paragraph for projects involving the combustion of mixed municipal solid new text end 13.34 new text begin waste or refuse-derived fuel from mixed municipal solid waste. new text end 13.35 new text begin (f) The maximum grant award under this section is $500,000. new text end 14.1 new text begin (g) When awarding grants under this section the commissioner shall consider: new text end 14.2 new text begin (1) job retention and creation; new text end 14.3 new text begin (2) improved energy efficiency and increased renewable energy production capacity; new text end 14.4 new text begin (3) coordination with and leveraging of other resources to increase the total benefits new text end 14.5 new text begin derived from stimulus funding; new text end 14.6 new text begin (4) timely implementation of funded activities; new text end 14.7 new text begin (5) long-term sustainability of benefits derived from stimulus funds; new text end 14.8 new text begin (6) geographic distribution across the state; new text end 14.9 new text begin (7) compliance with the disadvantaged business enterprise requirements in new text end 14.10 new text begin Minnesota Statutes, section 16C.16, subdivisions 4, 5, 6, and 7, except that subdivision 12 new text end 14.11 new text begin does not apply; and new text end 14.12 new text begin (8) ensuring that projects are cost effective and maximize energy savings per dollar new text end 14.13 new text begin of stimulus funding expended. new text end 14.14ARTICLE 5 14.15MISCELLANEOUS 14.16    Section 1. new text begin TRAINING AND WORKFORCE DEVELOPMENT. new text end 14.17     new text begin Subdivision 1. new text end new text begin Training plan and procedures. new text end new text begin (a) The commissioner, in new text end 14.18 new text begin conjunction with the Department of Employment and Economic Development, the Office new text end 14.19 new text begin of Higher Education, and Minnesota State Colleges and Universities shall develop and new text end 14.20 new text begin implement a plan and procedures to: new text end 14.21 new text begin (1) train energy professionals needed to implement the energy programs described new text end 14.22 new text begin in articles 2 to 4, including but not limited to energy auditors, energy managers, and new text end 14.23 new text begin building operators; new text end 14.24 new text begin (2) coordinate, oversee, and monitor the training and certification of energy new text end 14.25 new text begin professionals; new text end 14.26 new text begin (3) allocate stimulus funding for the purposes of clauses (1) and (2) and to training new text end 14.27 new text begin providers; and new text end 14.28 new text begin (4) provide energy code compliance and enforcement training necessary to comply new text end 14.29 new text begin with section 410 of the American Recovery and Reinvestment Act of 2009, Public Law new text end 14.30 new text begin 111-5. new text end 14.31 new text begin (b) Training strategies must be designed to meet the wide range of facilities new text end 14.32 new text begin managers and building sizes and types, and must protect the occupational health and new text end 14.33 new text begin safety of workers employed on these energy projects. Technical skills training must new text end 14.34 new text begin include insulation, air sealing, and mechanical work. Training may include an on-the-job new text end 14.35 new text begin component where the trainee travels to job sites with trained crews. new text end 15.1 new text begin (c) The plan must include procedures to: new text end 15.2 new text begin (1) train individuals already employed in implementing energy programs; new text end 15.3 new text begin (2) recruit individuals to be trained to perform work in energy projects using new text end 15.4 new text begin stimulus funding who are unemployed, especially targeting communities experiencing new text end 15.5 new text begin disproportionately high rates of unemployment, including, but not limited to, low-income, new text end 15.6 new text begin youth, rural, or tribal communities and individuals in construction trades and crafts; new text end 15.7 new text begin (3) ensure that the full capacity of current training providers is utilized, including, new text end 15.8 new text begin but not limited to, opportunities industrialization centers, skilled trades labor unions, tribal new text end 15.9 new text begin colleges or nonprofits working in tribal communities, community action partnerships, new text end 15.10 new text begin utility companies, higher education institutions, and nonprofit organizations with new text end 15.11 new text begin demonstrated expertise in energy efficiency; new text end 15.12 new text begin (4) publicize job and contract opportunities through cost-effective dissemination via new text end 15.13 new text begin traditional and nontraditional media outlets, including, but not limited to, public service new text end 15.14 new text begin announcements and radio advertisements; and new text end 15.15     new text begin (5) disseminate information about contract and employment opportunities generated new text end 15.16 new text begin by the programs. Particular effort must be made to publicize employment, job training, new text end 15.17 new text begin home energy auditing, weatherization, outreach, and other opportunities to community new text end 15.18 new text begin organizations, nongovernmental organizations, and media outlets that target disadvantaged new text end 15.19 new text begin groups, including, but not limited to, low-income, rural, tribal communities, and new text end 15.20 new text begin communities of color. new text end 15.21     new text begin Subd. 2. new text end new text begin Training access and affordability. new text end new text begin (a) Unless prohibited by federal law new text end 15.22 new text begin or rule, and notwithstanding any other training funds available or expended for energy new text end 15.23 new text begin programs, the commissioner shall ensure access to and affordability of training for new text end 15.24 new text begin low-income persons who otherwise would be unable to afford the training, by providing new text end 15.25 new text begin funding to: new text end 15.26 new text begin (1) prepare low-income persons for residential weatherization jobs; and new text end 15.27 new text begin (2) support job training opportunities for low-income persons in residential and new text end 15.28 new text begin commercial energy efficiency and renewable energy-related trades. new text end 15.29 new text begin (b) Funds expended under this subdivision may not exceed the amount necessary to new text end 15.30 new text begin train persons for the total number of green jobs created. The Department of Commerce new text end 15.31 new text begin shall work with the Department of Employment and Economic Development to maximize new text end 15.32 new text begin receipt of federal stimulus funding available for training and workforce development new text end 15.33 new text begin through the Workforce Investment Act. new text end 15.34 new text begin (c) Training funds for residential weatherization jobs must be provided to new text end 15.35 new text begin weatherization service providers to partner with apprenticeship or similar on-the-job new text end 15.36 new text begin training programs and existing training providers, including, but not limited to, state new text end 16.1 new text begin colleges, opportunities industrialization centers, skilled trades labor unions, and nonprofit new text end 16.2 new text begin organizations with historic expertise in energy efficiency. new text end 16.3 new text begin (d) Training funds to support residential and commercial energy efficiency and new text end 16.4 new text begin renewable energy-related trades must be distributed through a competitive application new text end 16.5 new text begin process. new text end 16.6 new text begin (e) The expenditure of funds under this subdivision must be consistent with new text end 16.7 new text begin performance goals, timeframes, and all other requirements under federal and state law new text end 16.8 new text begin governing the expenditure of federal stimulus money. new text end 16.9    Sec. 2. new text begin ACCOUNTABILITY AND TRANSPARENCY REPORTING. new text end 16.10 new text begin The commissioner, after compiling information supplied by the commissioners of new text end 16.11 new text begin administration, education, and employment and economic development, and the Office new text end 16.12 new text begin of Higher Education, shall report on the progress of the programs funded by this act to new text end 16.13 new text begin the house of representatives and senate committees with jurisdiction over energy finance new text end 16.14 new text begin and workforce development policy by September 1, 2009, January 15, 2010, April 1, new text end 16.15 new text begin 2010, and September 1, 2010. The report must include a complete accounting of all new text end 16.16 new text begin federal stimulus money spent on the programs funded to the extent allowable by federal new text end 16.17 new text begin law, including, but not limited to: new text end 16.18 new text begin (1) the specific projects funded, including the building owner and project manager, new text end 16.19 new text begin and, for nonresidential projects only, the project location; new text end 16.20 new text begin (2) for weatherization projects, the number of units weatherized, including number new text end 16.21 new text begin of rental units weatherized, energy usage information, income data, and type, cost, and new text end 16.22 new text begin funding source of the weatherization measure installed; new text end 16.23 new text begin (3) the number of jobs retained or created by each project, including data on hiring new text end 16.24 new text begin from communities experiencing disproportionately high rates of unemployment, including, new text end 16.25 new text begin but not limited to, low-income, rural, tribal communities, and communities of color; new text end 16.26 new text begin (4) the total calculated and actual energy savings for each project; new text end 16.27 new text begin (5) the remaining balances in each stimulus account; new text end 16.28 new text begin (6) the nonstimulus money leveraged by stimulus money for each project; new text end 16.29 new text begin (7) the training courses provided, including the location and provider of courses new text end 16.30 new text begin offered, the funding source for each training course, and the total number of trainees; and new text end 16.31 new text begin (8) compliance with state prevailing wage, veterans, and disadvantaged business new text end 16.32 new text begin enterprise requirements. new text end 16.33 new text begin The reports must be made available to the public on the Office of Energy Security new text end 16.34 new text begin Web site. new text end 16.35    Sec. 3. new text begin COMPETITIVE ENERGY ACTIVITIES. new text end 17.1 new text begin (a) The commissioner shall coordinate state and local government efforts to obtain new text end 17.2 new text begin competitive grants for energy-related purposes authorized by the American Recovery new text end 17.3 new text begin and Reinvestment Act of 2009. The commissioner shall consult with affected public or new text end 17.4 new text begin private entities, including utilities, to identify grant opportunities and develop timely grant new text end 17.5 new text begin applications to take advantage of those opportunities. The commissioner shall assess and new text end 17.6 new text begin publicize grant opportunities, assist state and local government entities to prepare grant new text end 17.7 new text begin applications, and provide other assistance the commissioner determines to be appropriate. new text end 17.8 new text begin (b) The commissioner shall provide timely information on grant opportunities new text end 17.9 new text begin through the Minnesota Energy Information Center telephone hotline and Web site to new text end 17.10 new text begin assist the public and local units of government in accessing applications and information new text end 17.11 new text begin regarding competitive grants under this act. new text end 17.12ARTICLE 6 17.13APPROPRIATIONS 17.14    Section 1. new text begin WEATHERIZATION ASSISTANCE PROGRAM APPROPRIATION. new text end 17.15 new text begin Of the funds available to the state of Minnesota from the federal stimulus funding for new text end 17.16 new text begin the weatherization assistance program under the American Recovery and Reinvestment new text end 17.17 new text begin Act of 2009, Public Law 111-5, $131,937,411 is appropriated to the commissioner of new text end 17.18 new text begin commerce. The funds must be administered consistent with the requirements in article new text end 17.19 new text begin 2, section 1. Of this amount, $250,000 is for participation outreach activities in article new text end 17.20 new text begin 2, section 5; and $1,000,000 is for training and workforce development consistent with new text end 17.21 new text begin article 5, section 1, subdivision 2. new text end 17.22    Sec. 2. new text begin ENERGY EFFICIENCY AND CONSERVATION BLOCK PROGRAM new text end 17.23 new text begin APPROPRIATION. new text end 17.24 new text begin Of the funds available to the state of Minnesota from the federal stimulus funding new text end 17.25 new text begin for the Energy Efficiency and Conservation Block Grant Program under the American new text end 17.26 new text begin Recovery and Reinvestment Act of 2009, Public Law 111-5, $10,644,100 is appropriated new text end 17.27 new text begin to the commissioner of commerce. The appropriation must be distributed as follows: new text end 17.28 new text begin (1) $6,386,460 is for energy efficiency grants to local government in article 2, new text end 17.29 new text begin section 6; and new text end 17.30 new text begin (2) $4,257,640 is for energy efficiency grants to local government and school district new text end 17.31 new text begin buildings consistent with the requirements in article 2, section 7. new text end 17.32    Sec. 3. new text begin STATE ENERGY PROGRAM APPROPRIATION. new text end 17.33     new text begin Subdivision 1. new text end new text begin Appropriation. new text end new text begin Of the funds available to the state of Minnesota new text end 17.34 new text begin from the federal stimulus funding for the State Energy Program under the American new text end 18.1 new text begin Recovery and Reinvestment Act of 2009, Public Law 111-5, $54,172,000 is appropriated new text end 18.2 new text begin to the commissioner of commerce. Of this amount: new text end 18.3 new text begin (1)$8,750,000 is for energy efficiency projects in local government and school new text end 18.4 new text begin district buildings consistent with the requirements in article 2, section 7; new text end 18.5 new text begin (2) $6,922,000 is for energy efficiency projects in state government buildings new text end 18.6 new text begin consistent with the requirements of article 2, section 8; new text end 18.7 new text begin (3) $7,900,000 is for residential energy efficiency programs consistent with the new text end 18.8 new text begin requirements in article 2, section 2. Of this amount, $250,000 is for participation outreach new text end 18.9 new text begin activities in article 2, section 5; new text end 18.10 new text begin (4) $1,600,000 is for innovative energy residential efficiency programs consistent new text end 18.11 new text begin with the requirements in article 2, sections 3 and 4. Of this amount, $1,500,000 is for a new text end 18.12 new text begin program for a large city, and $100,000 is for a program for a small city; new text end 18.13 new text begin (5) $1,000,000 is for training and workforce development consistent with article 5, new text end 18.14 new text begin section 1, subdivision 2; new text end 18.15 new text begin (6) $1,500,000 is for training and workforce development consistent with article 5, new text end 18.16 new text begin section 1, subdivision 1; new text end 18.17 new text begin (7) $5,000,000 is for renewable and geothermal rebates consistent with the new text end 18.18 new text begin requirements of article 3, sections 2 and 3. Of this amount, at least $3,000,000 is for new text end 18.19 new text begin solar rebates in article 3, section 3; new text end 18.20 new text begin (8) $3,000,000 is for a grant to local units of government for solar energy projects new text end 18.21 new text begin consistent with the requirements of article 3, section 4; new text end 18.22 new text begin (9) $6,500,000 is for grants to install renewable energy in local government and new text end 18.23 new text begin school buildings consistent with the requirements of article 3, section 5; new text end 18.24 new text begin (10) $2,000,000 is for emerging renewable energy industries consistent with the new text end 18.25 new text begin requirements of article 3, section 6; new text end 18.26 new text begin (11) $5,000,000 is for a grant to a port authority for energy efficiency and renewable new text end 18.27 new text begin energy in commercial and industrial buildings consistent with article 4, section 1; new text end 18.28 new text begin (12) $4,500,000 is for commercial and industrial building energy grants for new text end 18.29 new text begin renewables and efficiency consistent with the requirements of article 4, section 2. Of this new text end 18.30 new text begin amount, $150,000 is for a grant under article 4, section 2, paragraph (d); and new text end 18.31 new text begin (13) $500,000 is for the energy technology transfer center in article 2, section 12. new text end 18.32     new text begin Subd. 2. new text end new text begin Reallocation process. new text end new text begin (a) The commissioner may reallocate funds under new text end 18.33 new text begin subdivision 1 if the United States Department of Energy does not approve a program for new text end 18.34 new text begin which funds are allocated or if the commissioner determines that: new text end 18.35 new text begin (1) there is insufficient demand to effectively expend all funds allocated to a program; new text end 19.1 new text begin (2) the funds as allocated are unlikely to result in achievement of the goals of the new text end 19.2 new text begin funding; or new text end 19.3 new text begin (3) the funds as allocated are unlikely to attain results that exceed the minimum new text end 19.4 new text begin performance requirements established by the federal Department of Energy. new text end 19.5 new text begin (b) Before reallocating funds, the commissioner shall: new text end 19.6 new text begin (1) provide public notice of intent to reallocate funds; new text end 19.7 new text begin (2) accept public comment on a proposed reallocation for no fewer than 15 business new text end 19.8 new text begin days; and new text end 19.9 new text begin (3) submit a report on the proposed reallocation to the chairs and ranking minority new text end 19.10 new text begin members of the senate and house of representatives committees with primary jurisdiction new text end 19.11 new text begin over energy policy and finance. The report must include the reason for reallocation, a new text end 19.12 new text begin summary of activities and expenditures to market and stimulate demand for the program new text end 19.13 new text begin whose funds are to be reallocated, the amount to be reallocated, the program to which new text end 19.14 new text begin funds will be reallocated, and the public comments submitted. new text end 19.15 new text begin (c) The commissioner may reallocate funds 15 business days after submission of the new text end 19.16 new text begin report required under paragraph (b), clause (3). new text end 19.17ARTICLE 7 19.18EFFECTIVE DATE 19.19    Section 1. new text begin EFFECTIVE DATE. new text end 19.20 new text begin This act is effective the day following final enactment. new text end " 19.21Delete the title and insert: 19.22"A bill for an act 19.23relating to energy; providing direction for the use of federal stimulus money for 19.24energy programs; appropriating money; amending Minnesota Statutes 2008, 19.25section 16B.322, by adding subdivisions." We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Ellen Anderson, Yvonne Prettner Solon, Gary Kubly, Steve Dille, Sandy RummelHouse Conferees: (Signed) Jeremy Kalin, Bill Hilty, Brita Sailer, Kathy Brynaert, Denny McNamara 20.1 We request the adoption of this report and repassage of the bill. 20.2 Senate Conferees:(Signed) 20.3 ..... ..... 20.4 Ellen Anderson Yvonne Prettner Solon 20.5 ..... ..... 20.6 Gary Kubly Steve Dille 20.7 ..... 20.8 Sandy Rummel 20.9 House Conferees:(Signed) 20.10 ..... ..... 20.11 Jeremy Kalin Bill Hilty 20.12 ..... ..... 20.13 Brita Sailer Kathy Brynaert 20.14 ..... 20.15 Denny McNamara