HF 3033

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to energy; modifying fee for storage of spent nuclear fuel; establishing 1.3rebate program for solar photovoltaic modules; appropriating money;amending 1.4Minnesota Statutes 2008, section 116C.779, subdivision 1; proposing coding for 1.5new law in Minnesota Statutes, chapter 116C. 1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7    Section 1. Minnesota Statutes 2008, section 116C.779, subdivision 1, is amended to 1.8read: 1.9    Subdivision 1. Renewable development account. (a) The public utility that owns 1.10the Prairie Island nuclear generating plant must transfer to a renewable development 1.11account $16,000,000 annually new text begin $500,000 each year for each dry cask containing spent fuel new text end 1.12 new text begin that is located at the Prairie Island power plant for new text end each year the plant is in operation, and 1.13$7,500,000 each year the plant is not in operation if ordered by the commission pursuant 1.14to paragraph (d). The fund transfer must be made if nuclear waste is stored in a dry cask at 1.15the independent spent-fuel storage facility at Prairie Island for any part of a year. Funds 1.16in the account may be expended only for development of renewable energy sources. 1.17Preference must be given to development of renewable energy source projects located 1.18within the state. The utility that owns a nuclear generating plant is eligible to apply for 1.19renewable development fund grants. The utility's proposals must be evaluated by the 1.20renewable development fund board in a manner consistent with that used to evaluate other 1.21renewable development fund project proposals. 1.22    (b) The public utility that owns the Monticello nuclear generating plant must transfer 1.23to the renewable development account $350,000 each year for each dry cask containing 1.24spent fuel that is located at the Monticello nuclear power plant for each year the plant is 1.25in operation, and $5,250,000 each year the plant is not in operation if ordered by the 2.1commission pursuant to paragraph (d). The fund transfer must be made if nuclear waste 2.2is stored in a dry cask at the independent spent-fuel storage facility at Monticello for 2.3any part of a year. 2.4     (c) Expenditures from the account may only be made after approval by order of the 2.5Public Utilities Commission upon a petition by the public utility. 2.6     (d) After discontinuation of operation of the Prairie Island nuclear plant or the 2.7Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask at the 2.8discontinued facility, the commission shall require the public utility to pay $7,500,000 for 2.9the discontinued Prairie Island facility and $5,250,000 for the discontinued Monticello 2.10facility for any year in which the commission finds, by the preponderance of the evidence, 2.11that the public utility did not make a good faith effort to remove the spent nuclear 2.12fuel stored at the facility to a permanent or interim storage site out of the state. This 2.13determination shall be made at least every two years. 2.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective when 32 dry casks containing spent new text end 2.15 new text begin fuel are located at the Prairie Island nuclear plant. new text end 2.16    Sec. 2. new text begin [116C.7791] REBATES FOR SOLAR PHOTOVOLTAIC MODULES. new text end 2.17     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purpose of this section, the following terms new text end 2.18 new text begin have the meanings given. new text end 2.19 new text begin (a) "Installation" means an array of solar photovoltaic modules attached to a building new text end 2.20 new text begin that will use the electricity generated by the solar photovoltaic modules or placed on a new text end 2.21 new text begin facility or property proximate to that building. new text end 2.22 new text begin (b) "Manufactured" means: new text end 2.23 new text begin (1) the material production of solar photovoltaic modules, including the tabbing, new text end 2.24 new text begin stringing, and lamination processes; or new text end 2.25 new text begin (2) the production of interconnections of low-voltage photoactive elements that new text end 2.26 new text begin produce the final useful photovoltaic output by a manufacturer operating in this state on new text end 2.27 new text begin the effective date of this section. new text end 2.28 new text begin (c) "Qualified owner" means an owner of a qualified property, but does not include new text end 2.29 new text begin an entity engaged in the business of generating or selling electricity at retail, or an new text end 2.30 new text begin unregulated subsidiary of such an entity. new text end 2.31 new text begin (d) "Qualified property" means a residence, multifamily residence, business, or new text end 2.32 new text begin publicly owned building located in the assigned service area of the utility subject to new text end 2.33 new text begin section 116C.779. new text end 3.1 new text begin (e) "Solar photovoltaic module" means the smallest, nondivisible, self-contained new text end 3.2 new text begin physical structure housing interconnected photovoltaic cells and providing a single direct new text end 3.3 new text begin current of electrical output. new text end 3.4     new text begin Subd. 2. new text end new text begin Establishment. new text end new text begin The commissioner of commerce shall establish a program new text end 3.5 new text begin to provide rebates to an owner of a qualified property for installing solar photovoltaic new text end 3.6 new text begin modules manufactured in Minnesota after December 31, 2009. new text end 3.7     new text begin Subd. 3. new text end new text begin Rebate eligibility. new text end new text begin (a) To be eligible for a rebate under this section, a new text end 3.8 new text begin solar photovoltaic module: new text end 3.9 new text begin (1) must be manufactured in Minnesota; new text end 3.10 new text begin (2) must be installed on a qualified property as part of a system whose generating new text end 3.11 new text begin capacity does not exceed 40 kilowatts; new text end 3.12 new text begin (3) must be certified by Underwriters Laboratory, must have received the ETL new text end 3.13 new text begin listed mark from Intertek, or must have an equivalent certification from an independent new text end 3.14 new text begin testing agency; new text end 3.15 new text begin (4) may or may not be connected to a utility grid; new text end 3.16 new text begin (5) must be installed by a person certified as a solar photovoltaic installer by the new text end 3.17 new text begin North American Board of Certified Energy Practitioners; and new text end 3.18 new text begin (6) may not be used to sell, transmit, or distribute the electrical energy at retail, new text end 3.19 new text begin nor to provide end-use electricity to an offsite facility of the electrical energy generator. new text end 3.20 new text begin On-site generation is allowed to the extent provided for in section 216B.1611. new text end 3.21 new text begin (b) To be eligible for a rebate under this section, an applicant must have applied for new text end 3.22 new text begin and been awarded a rebate or other form of financial assistance available exclusively to new text end 3.23 new text begin owners of properties on which solar photovoltaic modules are installed that is offered by: new text end 3.24 new text begin (1) the utility serving the property on which the solar photovoltaic modules are to new text end 3.25 new text begin be installed; or new text end 3.26 new text begin (2) this state, under an authority other than this section. new text end 3.27 new text begin (c) An applicant who is otherwise ineligible for a rebate under paragraph (b) is new text end 3.28 new text begin eligible if the applicant's failure to secure a rebate or other form of financial assistance is new text end 3.29 new text begin due solely to a lack of available funds on the part of a utility or this state. new text end 3.30     new text begin Subd. 4. new text end new text begin Rebate amount and payment. new text end new text begin (a) The amount of a rebate under this new text end 3.31 new text begin section is the difference between the sum of all rebates described in subdivision 3, new text end 3.32 new text begin paragraph (b), awarded to the applicant and $5 per watt of installed generating capacity. new text end 3.33 new text begin (b) Notwithstanding paragraph (a), the amount of all rebates or other forms of new text end 3.34 new text begin financial assistance awarded to an applicant by a utility and the state, including any rebate new text end 3.35 new text begin paid under this section, net of applicable federal income taxes applied at the highest new text end 4.1 new text begin applicable income tax rates, must not exceed 60 percent of the total installed cost of new text end 4.2 new text begin the solar photovoltaic modules. new text end 4.3 new text begin (c) Rebates must be awarded to eligible applicants beginning July 1, 2010. new text end 4.4 new text begin (d) The rebate must be paid out proportionately in five consecutive annual new text end 4.5 new text begin installments. new text end 4.6 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 4.7    Sec. 3. new text begin APPROPRIATION. new text end 4.8 new text begin (a) The utility subject to Minnesota Statutes, section 116C.779, shall transfer new text end 4.9 new text begin $2,000,000 in fiscal year 2011; $4,000,000 in fiscal year 2012; $5,000,000 in fiscal year new text end 4.10 new text begin 2013; $5,000,000 in fiscal year 2014; and $5,000,000 in fiscal year 2015, from the account new text end 4.11 new text begin established under that section to the commissioner of commerce. The commissioner of new text end 4.12 new text begin commerce must place the funds in the special revenue fund. new text end 4.13 new text begin (b) $2,000,000 in fiscal year 2011; $4,000,000 in fiscal year 2012; $5,000,000 in new text end 4.14 new text begin fiscal year 2013; $5,000,000 in fiscal year 2014; and $5,000,000 in fiscal year 2015, is new text end 4.15 new text begin appropriated from the special revenue fund to the commissioner of commerce for awarding new text end 4.16 new text begin rebates for solar photovoltaic modules as specified in section 2. This appropriation does new text end 4.17 new text begin not cancel, and remains available until the money is expended. new text end 4.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end