1.1 	A bill for an act
1.2 	relating to energy; modifying, adding, or authorizing provisions governing 
1.3 	medically necessary equipment, propane sales, low-income rate discounts, 
1.4 	interconnection of distributed renewable generation, electric vehicle charging 
1.5 	tariffs, on-bill payment programs, energy efficiency programs, emissions 
1.6 	reduction planning, certificates of need, solar energy systems, and transmission 
1.7 	lines; requiring a report;amending Minnesota Statutes 2012, sections 216B.098, 
1.8 	subdivision 5; 216B.16, subdivision 14; 216B.1611, by adding a subdivision; 
1.9 	216B.241, by adding a subdivision; 216B.2422, by adding a subdivision; 
1.10 	216B.243, subdivision 8; 216C.41, subdivision 4; 216C.436, subdivision 4, by 
1.11 	adding a subdivision; 216E.01, by adding a subdivision; 216E.04, subdivision 
1.12 	2; 239.051, subdivision 29; 239.785, by adding a subdivision; 325E.027; 
1.13 	515.07; 515B.2-103; 515B.3-102; Laws 2013, chapter 57, section 2; Laws 
1.14 	2014, chapter 145, section 1; proposing coding for new law in Minnesota 
1.15 	Statutes, chapters 216B; 216E; 500; repealing Minnesota Rules, parts 3300.0800; 
1.16 	3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 
1.17 	17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 
1.18 	36; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 
1.19 	3300.1700; 3300.1800; 3300.1900; 7607.0100; 7607.0110; 7607.0120; 
1.20 	7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; 7607.0180; 
1.21 	7610.0300; 7685.0100; 7685.0120; 7685.0130; 7685.0140.
1.22 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.23 	Section 1. Minnesota Statutes 2012, section 216B.098, subdivision 5, is amended to 
1.24 	read:
1.25 		Subd. 5.Medically necessary equipment. (a) A utility shall reconnect or 
1.26 	continue service to a customer's residence where a medical emergency exists or where 
1.27 	medical equipment requiring electricity necessary to sustain life is in use, provided that 
1.28 	the utility receives from a medical doctor written certification, or initial certification by 
1.29 	telephone and written certification within five business days, that failure to reconnect or 
1.30 	continue service will impair or threaten the health or safety of a resident of the customer's 
1.31 	household. The customer must enter into a payment agreement.
2.1 	(b) Certification of the necessity for service is required. Certification may be 
2.2 	provided by:
2.3 	(1) a licensed medical doctor;
2.4 	(2) a licensed physician assistant;
2.5 	(3) an advanced practice registered nurse, as defined in section 148.171; or
2.6 	(4) a registered nurse, but only to the extent of verifying the current diagnosis or 
2.7 	prescriptions made by a licensed medical doctor for the customer or member of the 
2.8 	customer's household.
2.9 	(c) Except as provided in paragraph (d), a certification may not extend beyond six 
2.10 	months from the date of written certification.
2.11 	(d) If a utility determines that a longer certification is appropriate given a particular 
2.12 	customer's circumstances, the utility may, at its sole discretion, extend the duration of a 
2.13 	certification for up to 12 months.
2.14 	(e) A certification may be renewed, provided that the renewal complies with this 
2.15 	subdivision. A certification may be renewed by the same or another medical professional 
2.16 	who meets the qualifications of paragraph (b).
2.17 	(f) A customer whose account is in arrears must contact and enter into a payment 
2.18 	agreement with the utility. The payment agreement must consider a customer's financial 
2.19 	circumstances and any extenuating circumstances of the household. The payment 
2.20 	agreement may, at the discretion of the utility, contain a provision by which the utility 
2.21 	forgives all or a portion of the amount in which the account is in arrears, which, if 
2.22 	implemented, extinguishes individual liability for the amount forgiven.

2.23 	Sec. 2. [216B.0991] DEFINITIONS.
2.24 		Subdivision 1.Scope. For the purposes of sections 216B.0991 to 216B.0995, the 
2.25 	terms defined in this section have the meanings given them.
2.26 		Subd. 2.Customer. "Customer" means a person who has an established relationship 
2.27 	with a propane distributor and whose propane system meets the safety guidelines 
2.28 	established by the propane distributor for residential heating service.
2.29 		Subd. 3.LIHEAP. "LIHEAP" means the low-income home energy assistance 
2.30 	program.
2.31 		Subd. 4.Propane distributor. "Propane distributor" means a person who sells 
2.32 	propane at retail to customers as their primary residential heat source; propane distributors 
2.33 	are not public utilities.
2.34 		Subd. 5.Residential heating service. "Residential heating service" means the 
2.35 	provision of the primary source of heat for the interior of a residential structure.

3.1 	Sec. 3. [216B.0992] PRICE AND FEE DISCLOSURE.
3.2 	A propane distributor must provide a document listing the current per-gallon price of 
3.3 	propane and all additional charges, fees, and discounts that pertain to residential heating 
3.4 	service. The document must be:
3.5 	(1) made available to the general public upon request; and
3.6 	(2) provided to new customers before residential heating service is initiated.

3.7 	Sec. 4. [216B.0993] BUDGET PAYMENT PLAN.
3.8 	(a) A propane distributor who offers customers a budget payment plan must make 
3.9 	that same plan available to all customers, including those who participate in the LIHEAP 
3.10 	program.
3.11 	(b) A budget payment plan must equalize a customer's estimated annual propane bill 
3.12 	by dividing it into equal monthly payments. Any budget plan started after the propane 
3.13 	distributor's traditional budget plan start date will be divided by the remaining months 
3.14 	in the budget plan year. Any positive balance remaining at the end of a year may, at the 
3.15 	customer's discretion, be provided to the customer as a cash payment or carried over as a 
3.16 	credit on the customer's bill for the next year.
3.17 	(c) A propane distributor must notify a customer on a budget payment plan of a price 
3.18 	or fee change that may affect the monthly amount due under the budget payment plan 
3.19 	by more than 20 percent.
3.20 	(d) A propane distributor may alter or terminate the plan if a customer has failed to 
3.21 	pay two monthly payments during the period of the budget payment plan. In lieu of the 
3.22 	requirements of this section, the parties may enter into a mutually agreeable plan.

3.23 	Sec. 5. [216B.0994] PROPANE PURCHASE CONTRACTS.
3.24 	A propane distributor is prohibited from adding any service, distribution, 
3.25 	transportation, or similar fees to customer billings for those customers who have entered 
3.26 	into a contract for prepurchasing or capitated pricing of propane for the period of the 
3.27 	contract provided that:
3.28 	(1) the customer has met all obligations of that contract; and
3.29 	(2) the propane distributor can receive product from its contracted supply points and 
3.30 	a force majeure has not been declared by the propane distributor's supplier.

3.31 	Sec. 6. [216B.0995] TERMS OF SALE.
3.32 		Subdivision 1.Cash sales. A propane distributor with an available supply of 
3.33 	propane must not refuse to sell propane to a customer who:
4.1 	(1) pays the distributor's established price upon delivery in cash, by certified or 
4.2 	cashier's check, or by commercial money order or its equivalent; or
4.3 	(2) receives energy assistance from LIHEAP or a governmental or private agency 
4.4 	that has funds available to pay for a delivery.
4.5 		Subd. 2.LIHEAP participation; delivery. A propane distributor who accepts 
4.6 	LIHEAP payments must, upon request, make available to its customers information 
4.7 	regarding LIHEAP, including income eligibility and contact information for organizations 
4.8 	accepting LIHEAP applications.
4.9 		Subd. 3.Third-party credit disclosure. A propane distributor must not make 
4.10 	known the names of past or present delinquent customers to other propane distributors, 
4.11 	except in the course of a routine credit check performed when a prospective customer 
4.12 	applies for credit privileges.

4.13 	Sec. 7. Minnesota Statutes 2012, section 216B.16, subdivision 14, is amended to read:
4.14 		Subd. 14.Low-income electric rate discount. A public utility shall fund an 
4.15 	affordability program for low-income customers in an amount based on a 50 percent electric 
4.16 	rate discount on the first 400 kilowatt-hours consumed in a billing period for low-income 
4.17 	residential customers of the utility at a base annual funding level of $8,000,000. The annual 
4.18 	funding level shall increase in the calendar years subsequent to each commission approval 
4.19 	of a rate increase for the public utility's residential customers by the same percentage as the 
4.20 	approved residential rate increase. Costs for the program shall be included in the utility's 
4.21 	base rate. For the purposes of this subdivision, "low-income" describes a customer who is 
4.22 	receiving assistance from the federal low-income home energy assistance program. The 
4.23 	affordability program must be designed to target participating customers with the lowest 
4.24 	incomes and highest energy costs in order to lower the percentage of income they devote 
4.25 	to energy bills, increase their payments, lower utility service disconnections, and lower
4.26 	 decrease costs associated with collection activities on their accounts. For low-income 
4.27 	customers who are 62 years of age or older or disabled, the program must, in addition to 
4.28 	any other program benefits, include a 50 percent electric rate discount on the first 400 
4.29 	kilowatt-hours consumed in a $15 discount in each billing period. For the purposes of this 
4.30 	subdivision, "public utility" includes only those public utilities with more than 200,000 
4.31 	residential electric service customers. The commission may issue orders necessary to 
4.32 	implement, administer, and recover the costs of the program on a timely basis.

4.33 	EFFECTIVE DATE. This section is effective October 1, 2014.

5.1 	Sec. 8. Minnesota Statutes 2012, section 216B.1611, is amended by adding a 
5.2 	subdivision to read:
5.3 		Subd. 3a.Project information. (a) Beginning July 1, 2014, each electric utility 
5.4 	shall request an applicant for interconnection of distributed renewable energy generation 
5.5 	to provide the following information, in a format prescribed by the commissioner:
5.6 	(1) the nameplate capacity of the facility in the application;
5.7 	(2) the preincentive installed cost and cost components of the generation system 
5.8 	at the facility;
5.9 	(3) the energy source of the facility; and
5.10 	(4) the zip code in which the facility is to be located.
5.11 	(b) The commissioner shall develop or identify a system to collect and process the 
5.12 	information under this subdivision for each utility, and make non-project-specific data 
5.13 	available to the public on a periodic basis as determined by the commissioner, and in a 
5.14 	format determined by the commissioner. The commissioner may solicit proposals from 
5.15 	outside parties to develop the system. The commissioner may only collect data authorized 
5.16 	in paragraph (a), and may not require submission of any additional data that could be used 
5.17 	to personally identify any individual applicant or utility customer.
5.18 	(c) Electric utilities collecting and transferring data under this subdivision are not 
5.19 	responsible for the accuracy, completeness, or quality of the information under this 
5.20 	subdivision.
5.21 	(d) Except as provided in paragraph (b), any information provided by an applicant to 
5.22 	the commissioner under this subdivision is nonpublic data as defined in section 13.02, 
5.23 	subdivision 9.

5.24 	EFFECTIVE DATE. This section is effective July 1, 2014, and applies to 
5.25 	applications received on or after that date.

5.26 	Sec. 9. [216B.1614] ELECTRIC VEHICLE CHARGING TARIFF.
5.27 		Subdivision 1.Definitions. (a) For the purposes of this section, the terms defined in 
5.28 	this subdivision have the meanings given them.
5.29 	(b) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a.
5.30 	(c) "Public utility" has the meaning given in section 216B.02, subdivision 4.
5.31 	(d) "Renewable energy" has the meaning given in section 216B.169, subdivision 2, 
5.32 	paragraph (d).
5.33 		Subd. 2.Required tariff. (a) By February 1, 2015, each public utility selling 
5.34 	electricity at retail must file with the commission a tariff that allows a customer to purchase 
5.35 	electricity solely for the purpose of recharging an electric vehicle. The tariff must:
6.1 	(1) contain either a time-of-day or off-peak rate, as elected by the public utility;
6.2 	(2) offer a customer the option to purchase electricity:
6.3 	(i) from the utility's current mix of energy supply sources; or
6.4 	(ii) entirely from renewable energy sources, subject to the conditions established 
6.5 	under section 216B.169, subdivision 2, paragraph (b), and subdivision 3, paragraph (a); and
6.6 	(3) be made available to the residential customer class.
6.7 	(b) The public utility may, at its discretion, offer the tariff to other customer classes.
6.8 	(c) The commission shall, after notice and opportunity for public comment, approve, 
6.9 	modify, or reject the tariff. The commission may approve the tariff if the public utility 
6.10 	has demonstrated that the tariff:
6.11 	(1) appropriately reflects off-peak versus peak cost differences in the rate charged;
6.12 	(2) includes a mechanism to allow the recovery of costs reasonably necessary to 
6.13 	comply with this section, including costs to inform and educate customers about the 
6.14 	financial, energy conservation, and environmental benefits of electric vehicles and to 
6.15 	publicly advertise and promote participation in the customer-optional tariff; 
6.16 	(3) provides for clear and transparent customer billing statements including, but not 
6.17 	limited to, the amount of energy consumed under the tariff; and
6.18 	(4) incorporates the cost of metering or submetering within the rate charged to 
6.19 	the customer.
6.20 	(d) Within 60 days of commission approval of a public utility's tariff filed under this 
6.21 	section, the public utility shall make the tariff available to customers.
6.22 	(e) The utility may at any time propose revisions to a tariff filed under this 
6.23 	subdivision based on changing costs or conditions.
6.24 		Subd. 3.Data reporting. Each public utility providing a tariff under this section 
6.25 	shall periodically report to the commission, as established by the commission and on a form 
6.26 	prescribed by the commission, the following information, organized on a per-quarter basis:
6.27 	(1) the number of customers who have arranged to purchase electricity under the 
6.28 	tariff;
6.29 	(2) the total amount of electricity sold under the tariff; and
6.30 	(3) other data required by the commission.

6.31 	EFFECTIVE DATE. This section is effective the day following final enactment.

6.32 	Sec. 10. Minnesota Statutes 2012, section 216B.241, is amended by adding a 
6.33 	subdivision to read:
6.34 		Subd. 5d.On-bill loan repayment programs. (a) For the purposes of this 
6.35 	subdivision:
7.1 	(1) "utility" means a public utility, municipal utility, or cooperative electric 
7.2 	association that provides electric or natural gas service to retail customers; and
7.3 	(2) "on-bill loan repayment program" means a program in which a utility collects 
7.4 	on a customer's bill repayment of a loan to the customer by an eligible lender to finance 
7.5 	the customer's investment in eligible energy conservation or renewable energy projects, 
7.6 	and remits loan repayments to the lender.
7.7 	(b) A utility may include as part of its conservation improvement plan an on-bill 
7.8 	loan repayment program to enable a customer to finance eligible projects with installment 
7.9 	loans originated by an eligible lender. An eligible project is one that is either an energy 
7.10 	conservation improvement, or a project that uses an eligible renewable energy source as 
7.11 	that term is defined in section 216B.2411, subdivision 2, paragraph (b), but does not 
7.12 	include mixed municipal solid waste or refuse-derived fuel from mixed municipal solid 
7.13 	waste. An eligible renewable energy source also includes solar thermal technology that 
7.14 	collects the sun's radiant energy and transfers it to a storage medium for distribution as 
7.15 	energy to heat or cool air or water, and meets the requirements of section 216C.25. To be 
7.16 	an eligible lender, a lender must:
7.17 	(1) have a federal or state charter and be eligible for federal deposit insurance;
7.18 	(2) be a government entity, including an entity established under chapter 469, that 
7.19 	has authority to provide financial assistance for energy efficiency and renewable energy 
7.20 	projects;
7.21 	(3) be a joint venture by utilities established under section 452.25; or
7.22 	(4) be licensed, certified, or otherwise have its lending activities overseen by a 
7.23 	state or federal government agency.
7.24 	The commissioner must allow a utility broad discretion in designing and 
7.25 	implementing an on-bill loan repayment program, provided that the program complies 
7.26 	with this subdivision.
7.27 	(c) A utility may establish an on-bill loan repayment program for all customer 
7.28 	classes or for a specific customer class.
7.29 	(d) A public utility that implements an on-bill repayment program under this 
7.30 	subdivision must enter into a contract with one or more eligible lenders that complies 
7.31 	with the requirements of this subdivision and contains provisions addressing capital 
7.32 	commitments, loan origination, transfer of loans to the public utility for on-bill loan 
7.33 	repayment, and acceptance of loans returned due to delinquency or default.
7.34 	(e) A public utility's contract with a lender must require the lender to: (1) comply 
7.35 	with all applicable federal and state laws, rules, and regulations related to lending practices 
7.36 	and consumer protection; (2) conform to reasonable and prudent lending standards; and (3) 
8.1 	provide to businesses that sell, install, and maintain eligible projects the ability to participate 
8.2 	in an on-bill repayment program under this subdivision that is nondiscriminatory.
8.3 	(f) A public utility's contract with a lender may provide:
8.4 	(1) for the public utility to purchase loans from the lender with a condition that the 
8.5 	lender must purchase back loans in delinquency or default; or
8.6 	(2) for the lender to retain ownership of loans with the public utility servicing the 
8.7 	loans through on-bill repayment as long as payments are current. 
8.8 	The risk of default must remain with the lender. The lender shall not have recourse 
8.9 	against the public utility except in the event of negligence or breach of contract by the utility.
8.10 	(g) If a public utility customer makes a partial payment on a utility bill that includes 
8.11 	a loan installment, the partial payment must be credited first to the amount owed for 
8.12 	utility service, including taxes and fees. A public utility may not suspend or terminate 
8.13 	a customer's utility service for delinquency or default on a loan that is being serviced 
8.14 	through the public utility's on-bill loan repayment program.
8.15 	(h) An outstanding balance on a loan being repaid under this subdivision is a financial 
8.16 	obligation only of the customer who is signatory to the loan, and not to any subsequent 
8.17 	customer occupying the property associated with the loan. If the utility purchases loans 
8.18 	from the lender as authorized under paragraph (f), clause (1), the utility must return to the 
8.19 	lender a loan not repaid when a customer borrower no longer occupies the property.
8.20 	(i) Costs incurred by a public utility under this subdivision are recoverable as provided 
8.21 	in section 216B.16, subdivision 6b, paragraph (c), including reasonable incremental costs 
8.22 	for billing system modifications necessary to implement and operate an on-bill loan 
8.23 	repayment program and for ongoing costs to operate the program. Approved costs may be 
8.24 	counted toward a utility's conservation spending requirements under subdivisions 1a and 
8.25 	1b. Energy savings from energy conservation improvements resulting from this section 
8.26 	may be counted toward satisfying a utility's energy-savings goals under subdivision 1c.
8.27 	(j) This subdivision does not require a utility to terminate or modify an existing 
8.28 	financing program and does not prohibit a utility from establishing an on-bill financing 
8.29 	program in which the utility provides the financing capital.
8.30 	(k) A municipal utility or cooperative electric association that implements an on-bill 
8.31 	loan repayment program shall design the program to address the issues identified in 
8.32 	paragraphs (d) to (h) as determined by the governing board of the utility or association.

8.33 	Sec. 11. Minnesota Statutes 2012, section 216B.2422, is amended by adding a 
8.34 	subdivision to read:
9.1 		Subd. 2c.Long-range emission reduction planning. Each utility required to file a 
9.2 	resource plan under subdivision 2 shall include in the filing a narrative identifying and 
9.3 	describing: (1) the costs, opportunities, and technical barriers to the utility continuing to 
9.4 	make progress on its system toward achieving the state greenhouse gas emission reduction 
9.5 	goals established in section 216H.02, subdivision 1; and (2) the technologies, alternatives, 
9.6 	and steps the utility is considering to address those opportunities and barriers.

9.7 	Sec. 12. Minnesota Statutes 2012, section 216B.243, subdivision 8, is amended to read:
9.8 		Subd. 8.Exemptions. This section does not apply to:
9.9 	(1) cogeneration or small power production facilities as defined in the Federal Power 
9.10 	Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and 
9.11 	paragraph (18), subparagraph (A), and having a combined capacity at a single site of less 
9.12 	than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or 
9.13 	any case where the commission has determined after being advised by the attorney general 
9.14 	that its application has been preempted by federal law;
9.15 	(2) a high-voltage transmission line proposed primarily to distribute electricity to 
9.16 	serve the demand of a single customer at a single location, unless the applicant opts to 
9.17 	request that the commission determine need under this section or section 216B.2425;
9.18 	(3) the upgrade to a higher voltage of an existing transmission line that serves the 
9.19 	demand of a single customer that primarily uses existing rights-of-way, unless the applicant 
9.20 	opts to request that the commission determine need under this section or section 216B.2425;
9.21 	(4) a high-voltage transmission line of one mile or less required to connect a new or 
9.22 	upgraded substation to an existing, new, or upgraded high-voltage transmission line;
9.23 	(5) conversion of the fuel source of an existing electric generating plant to using 
9.24 	natural gas; or
9.25 	(6) the modification of an existing electric generating plant to increase efficiency, 
9.26 	as long as the capacity of the plant is not increased more than ten percent or more than 
9.27 	100 megawatts, whichever is greater; or
9.28 	(7) a wind energy conversion system or solar electric generation facility if the system 
9.29 	or facility is owned and operated by an independent power producer and the electric 
9.30 	output of the system or facility is not sold to an entity that provides retail or wholesale 
9.31 	electric service in Minnesota other than an entity that is a federally recognized regional 
9.32 	transmission organization or independent system operator.

9.33 	EFFECTIVE DATE. This section is effective the day following final enactment.

9.34 	Sec. 13. Minnesota Statutes 2012, section 216C.41, subdivision 4, is amended to read:
10.1 		Subd. 4.Payment period. (a) A facility may receive payments under this section for 
10.2 	a ten-year period. No payment under this section may be made for electricity generated:
10.3 	(1) by a qualified hydroelectric facility after December 31, 2021;
10.4 	(2) by a qualified wind energy conversion facility after December 31, 2018; or
10.5 	(3) by a qualified on-farm biogas recovery facility after December 31, 2015 2017.
10.6 	(b) The payment period begins and runs consecutively from the date the facility 
10.7 	begins generating electricity or, in the case of refurbishment of a hydropower facility, after 
10.8 	substantial repairs to the hydropower facility dam funded by the incentive payments are 
10.9 	initiated.

10.10 	Sec. 14. Minnesota Statutes 2012, section 216C.436, subdivision 4, is amended to read:
10.11 		Subd. 4.Financing terms. Financing provided under this section must have:
10.12 	(1) a weighted average maturity not exceeding the useful life of the energy 
10.13 	improvements installed, as determined by the implementing entity, but in no event may 
10.14 	a term exceed 20 years;
10.15 	(2) a principal amount not to exceed the lesser of ten 20 percent of the assessed value 
10.16 	of the real property on which the improvements are to be installed or the actual cost of 
10.17 	installing the energy improvements, including the costs of necessary equipment, materials, 
10.18 	and labor, the costs of each related energy audit or renewable energy system feasibility 
10.19 	study, and the cost of verification of installation; and
10.20 	(3) an interest rate sufficient to pay the financing costs of the program, including the 
10.21 	issuance of bonds and any financing delinquencies.

10.22 	Sec. 15. Minnesota Statutes 2012, section 216C.436, is amended by adding a 
10.23 	subdivision to read:
10.24 		Subd. 9.Supplemental funding sources. (a) An implementing entity is authorized 
10.25 	to establish, acquire, and use additional or alternative funding sources for the purposes 
10.26 	of this section.
10.27 	(b) For the purposes of this subdivision, additional or alternative funding sources 
10.28 	may include, but are not limited to, issuance of general obligation bonds in a manner 
10.29 	consistent with the requirements of chapter 475.

10.30 	Sec. 16. Minnesota Statutes 2012, section 216E.01, is amended by adding a subdivision 
10.31 	to read:
11.1 		Subd. 8a.Solar energy generating system. "Solar energy generating system" 
11.2 	means a set of devices whose primary purpose is to produce electricity by means of any 
11.3 	combination of collecting, transferring, or converting solar-generated energy.

11.4 	Sec. 17. [216E.021] SOLAR ENERGY SYSTEM SIZE DETERMINATION.
11.5 	(a) This section must be used to determine whether a combination of solar energy 
11.6 	generating systems meets the definition of large electric power generating plant and is 
11.7 	subject to the commission's siting authority jurisdiction under this chapter. The alternating 
11.8 	current nameplate capacity of one solar energy generating system must be combined with 
11.9 	the alternating current nameplate capacity of any other solar energy generating system that:
11.10 	(1) is constructed within the same 12-month period as the solar energy generating 
11.11 	system; and
11.12 	(2) exhibits characteristics of being a single development, including but not limited 
11.13 	to ownership structure, an umbrella sales arrangement, shared interconnection, revenue 
11.14 	sharing arrangements, and common debt or equity financing.
11.15 	(b) The commissioner of commerce shall provide forms and assistance for applicants 
11.16 	to make a request for a size determination. Upon written request of an applicant, the 
11.17 	commissioner shall provide a written size determination within 30 days of receipt of the 
11.18 	request and of any information requested by the commissioner. In the case of a dispute, 
11.19 	the chair of the Public Utilities Commission shall make the final size determination.

11.20 	Sec. 18. Minnesota Statutes 2012, section 216E.04, subdivision 2, is amended to read:
11.21 		Subd. 2.Applicable projects. The requirements and procedures in this section 
11.22 	apply to the following projects:
11.23 	(1) large electric power generating plants with a capacity of less than 80 megawatts;
11.24 	(2) large electric power generating plants that are fueled by natural gas;
11.25 	(3) high-voltage transmission lines of between 100 and 200 kilovolts;
11.26 	(4) high-voltage transmission lines in excess of 200 kilovolts and less than five miles 
11.27 	in length in Minnesota;
11.28 	(5) high-voltage transmission lines in excess of 200 kilovolts if at least 80 percent 
11.29 	of the distance of the line in Minnesota will be located along existing high-voltage 
11.30 	transmission line right-of-way;
11.31 	(6) a high-voltage transmission line service extension to a single customer between 
11.32 	200 and 300 kilovolts and less than ten miles in length; and
12.1 	(7) a high-voltage transmission line rerouting to serve the demand of a single 
12.2 	customer when the rerouted line will be located at least 80 percent on property owned or 
12.3 	controlled by the customer or the owner of the transmission line; and
12.4 	(8) large electric power generating plants that are powered by solar energy.

12.5 	Sec. 19. Minnesota Statutes 2012, section 239.051, subdivision 29, is amended to read:
12.6 		Subd. 29.Refinery, terminal. "Refinery" or "terminal" means a petroleum refinery, 
12.7 	pipeline terminal, river terminal, storage facility, or other point of origin where liquefied 
12.8 	petroleum gas or petroleum products are manufactured, or imported by rail, truck, barge, or 
12.9 	pipe; and held, stored, transferred, offered for distribution, distributed, offered for sale, or 
12.10 	sold. For the purpose of restricting petroleum product blending, this definition includes all 
12.11 	refineries and terminals within and outside of Minnesota, but does not include a licensed 
12.12 	distributor's bulk storage facility that is used to store petroleum products for which the 
12.13 	petroleum inspection fee charged under this chapter is either not due or has been paid.

12.14 	Sec. 20. Minnesota Statutes 2012, section 239.785, is amended by adding a subdivision 
12.15 	to read:
12.16 		Subd. 7.Notification of product unavailability; terminal operators.  A person 
12.17 	who operates a terminal where liquefied petroleum gas is loaded into transport trucks for 
12.18 	subsequent distribution shall notify the commissioner within 24 hours when liquefied 
12.19 	petroleum gas is physically not available for sale to licensed distributors.

12.20 	Sec. 21. Minnesota Statutes 2012, section 325E.027, is amended to read:
12.21 	325E.027 DISCRIMINATION PROHIBITION.
12.22 	(a) No dealer or distributor of liquid propane gas or number 1 or number 2 fuel oil 
12.23 	who has signed a low-income home energy assistance program vendor agreement with the 
12.24 	Department of Commerce may refuse to deliver liquid propane gas or number 1 or number 
12.25 	2 fuel oil to any person located within the dealer's or distributor's normal delivery area 
12.26 	who receives direct grants under the low-income home energy assistance program if:
12.27 	(1) the person has requested delivery;
12.28 	(2) the dealer or distributor has product available;
12.29 	(3) the person requesting delivery is capable of making full payment at the time of 
12.30 	delivery; and
12.31 	(4) the person is not in arrears regarding any previous fuel purchase from that dealer 
12.32 	or distributor.
13.1 	(b) A dealer or distributor making delivery to a person receiving direct grants 
13.2 	under the low-income home energy assistance program may not charge that person any 
13.3 	additional costs or fees that would not be charged to any other customer and must make 
13.4 	available to that person any discount program on the same basis as the dealer or distributor 
13.5 	makes available to any other customer.
13.6 	(c) The commissioner of commerce may enforce this section using any of the 
13.7 	authority granted to the commissioner under section 45.027.

13.8 	Sec. 22. [500.216] LIMITS ON CERTAIN RESIDENTIAL SOLAR ENERGY 
13.9 	SYSTEMS PROHIBITED.
13.10 		Subdivision 1.General rule.  A private entity may not prohibit or refuse to permit 
13.11 	installation, maintenance, or use of a roof-mounted solar energy system by the owner of a 
13.12 	single-family dwelling notwithstanding any covenant, restriction, or condition contained 
13.13 	in a deed, security instrument, homeowners association document, or any other instrument 
13.14 	affecting the transfer, sale of, or an interest in real property, except as provided in this 
13.15 	section.
13.16 		Subd. 2.Applicability. This section applies to single-family dwellings, whether 
13.17 	attached or detached, where the dwelling owner is responsible for maintenance, repair, 
13.18 	replacement, and insurance of the roof of the dwelling.
13.19 		Subd. 3.Definitions. (a) The definitions in this subdivision apply to this section.
13.20 	(b) "Private entity" means a homeowners association, community association, or 
13.21 	other association that is subject to a homeowners association document.
13.22 	(c) "Homeowners association document" means a document containing the 
13.23 	declaration, articles of incorporation, bylaws, or rules and regulations of:
13.24 	(1) a common interest community, as defined in section 515B.1-103, regardless of 
13.25 	whether the common interest community is subject to chapter 515B; and 
13.26 	(2) a residential community that is not a common interest community.
13.27 	(d) "Solar energy system" has the meaning given in section 216C.06, subdivision 17.
13.28 		Subd. 4.Allowable conditions. (a) This section does not prohibit a private entity 
13.29 	from requiring that:
13.30 	(1) a licensed contractor install a solar energy system;
13.31 	(2) a roof-mounted solar energy system not extend above the peak of a pitched roof 
13.32 	or beyond the edge of the roof;
13.33 	(3) the owner or installer of a solar energy system indemnify or reimburse the private 
13.34 	entity or its members for loss or damage caused by the installation, maintenance, use, 
13.35 	repair, or removal of a solar energy system;
14.1 	(4) the owner and each successive owner of a solar energy system list the private 
14.2 	entity as a certificate holder on the homeowner's insurance policy; 
14.3 	(5) the owner and each successive owner of a solar energy system be responsible for 
14.4 	removing the system if reasonably necessary for the repair, maintenance, or replacement 
14.5 	of common elements or limited common elements, as defined in section 515B.1-103; or
14.6 	(6) the owner not modify the existing style of roof design or type of roofing material.
14.7 	(b) A private entity may impose additional reasonable conditions on the installation, 
14.8 	maintenance, or use of solar energy systems. Additional conditions imposed under 
14.9 	this paragraph are presumed to be reasonable if they do not, in aggregate, decrease the 
14.10 	projected generation of energy by a solar energy system by more than ten percent or, in 
14.11 	aggregate, increase the cost of the labor and materials of the solar energy system by 
14.12 	more than ten percent, compared with the generation of energy and the cost of labor and 
14.13 	materials certified by the designer or installer of the solar energy system as originally 
14.14 	proposed without the restrictions. A private entity may obtain an alternative bid and 
14.15 	design from a solar energy system designer or installer for the purposes of this paragraph. 
14.16 	(c) A solar energy system must meet applicable standards and requirements imposed 
14.17 	by the state and by governmental units, as defined in section 462.384.
14.18 	(d) A solar energy system for heating water must be certified by the Solar Rating 
14.19 	Certification Corporation (SRCC) or an equivalent certification agency. A solar energy 
14.20 	system for producing electricity must meet all applicable safety and performance standards 
14.21 	established by the National Electrical Code, the Institute of Electrical and Electronics 
14.22 	Engineers, and accredited testing laboratories, including, but not limited to, Underwriters 
14.23 	Laboratories and, where applicable, rules of the Public Utilities Commission regarding 
14.24 	safety and reliability.
14.25 	(e) If approval by a private entity is required for the installation or use of a solar 
14.26 	energy system, the application for approval must be processed and approved in the same 
14.27 	manner as an application for approval of an architectural modification to the property, and 
14.28 	must not be willfully avoided or delayed. A private entity may deny an application if it 
14.29 	fails to satisfy any of the conditions allowed under this subdivision. A private entity shall 
14.30 	approve or deny an application in writing. If an application is not denied in writing within 
14.31 	60 days from the date of receipt of the application, the application is deemed approved 
14.32 	unless the delay is the result of a reasonable request for additional information.

14.33 	Sec. 23. Minnesota Statutes 2012, section 515.07, is amended to read:
14.34 	515.07 COMPLIANCE WITH COVENANTS, BYLAWS, AND RULES.
15.1 	Each apartment owner shall comply strictly with the bylaws and with the 
15.2 	administrative rules adopted pursuant thereto, as either of the same may be lawfully 
15.3 	amended from time to time, and with the covenants, conditions, and restrictions set forth in 
15.4 	the declaration or in the owner's deed to the apartment. Failure to comply with any of the 
15.5 	same shall be ground for an action to recover sums due, for damages or injunctive relief or 
15.6 	both maintainable by the manager or board of directors on behalf of the association of 
15.7 	apartment owners or, in a proper case, by an aggrieved apartment owner. This chapter is 
15.8 	subject to section sections 500.215 and 500.216.

15.9 	Sec. 24. Minnesota Statutes 2012, section 515B.2-103, is amended to read:
15.10 	515B.2-103 CONSTRUCTION AND VALIDITY OF DECLARATION AND 
15.11 	BYLAWS.
15.12 	(a) All provisions of the declaration and bylaws are severable.
15.13 	(b) The rule against perpetuities may not be applied to defeat any provision of 
15.14 	the declaration or this chapter, or any instrument executed pursuant to the declaration 
15.15 	or this chapter.
15.16 	(c) In the event of a conflict between the provisions of the declaration and the 
15.17 	bylaws, the declaration prevails except to the extent that the declaration is inconsistent 
15.18 	with this chapter.
15.19 	(d) The declaration and bylaws must comply with section sections 500.215 and 
15.20 	500.216.

15.21 	Sec. 25. Minnesota Statutes 2012, section 515B.3-102, is amended to read:
15.22 	515B.3-102 POWERS OF UNIT OWNERS' ASSOCIATION.
15.23 	(a) Except as provided in subsections (b) and (c), and subject to the provisions of the 
15.24 	declaration or bylaws, the association shall have the power to:
15.25 	(1) adopt, amend and revoke rules and regulations not inconsistent with the articles 
15.26 	of incorporation, bylaws and declaration, as follows: (i) regulating the use of the common 
15.27 	elements; (ii) regulating the use of the units, and conduct of unit occupants, which may 
15.28 	jeopardize the health, safety or welfare of other occupants, which involves noise or 
15.29 	other disturbing activity, or which may damage the common elements or other units; 
15.30 	(iii) regulating or prohibiting animals; (iv) regulating changes in the appearance of the 
15.31 	common elements and conduct which may damage the common interest community; 
15.32 	(v) regulating the exterior appearance of the common interest community, including, 
15.33 	for example, balconies and patios, window treatments, and signs and other displays, 
15.34 	regardless of whether inside a unit; (vi) implementing the articles of incorporation, 
16.1 	declaration and bylaws, and exercising the powers granted by this section; and (vii) 
16.2 	otherwise facilitating the operation of the common interest community;
16.3 	(2) adopt and amend budgets for revenues, expenditures and reserves, and levy and 
16.4 	collect assessments for common expenses from unit owners;
16.5 	(3) hire and discharge managing agents and other employees, agents, and 
16.6 	independent contractors;
16.7 	(4) institute, defend, or intervene in litigation or administrative proceedings (i) in 
16.8 	its own name on behalf of itself or two or more unit owners on matters affecting the 
16.9 	common elements or other matters affecting the common interest community or, (ii) with 
16.10 	the consent of the owners of the affected units on matters affecting only those units;
16.11 	(5) make contracts and incur liabilities;
16.12 	(6) regulate the use, maintenance, repair, replacement, and modification of the 
16.13 	common elements and the units;
16.14 	(7) cause improvements to be made as a part of the common elements, and, in the 
16.15 	case of a cooperative, the units;
16.16 	(8) acquire, hold, encumber, and convey in its own name any right, title, or interest 
16.17 	to real estate or personal property, but (i) common elements in a condominium or planned 
16.18 	community may be conveyed or subjected to a security interest only pursuant to section 
16.19 	515B.3-112, or (ii) part of a cooperative may be conveyed, or all or part of a cooperative 
16.20 	may be subjected to a security interest, only pursuant to section 515B.3-112;
16.21 	(9) grant or amend easements for public utilities, public rights-of-way or other 
16.22 	public purposes, and cable television or other communications, through, over or under 
16.23 	the common elements; grant or amend easements, leases, or licenses to unit owners for 
16.24 	purposes authorized by the declaration; and, subject to approval by a vote of unit owners 
16.25 	other than declarant or its affiliates, grant or amend other easements, leases, and licenses 
16.26 	through, over or under the common elements;
16.27 	(10) impose and receive any payments, fees, or charges for the use, rental, or 
16.28 	operation of the common elements, other than limited common elements, and for services 
16.29 	provided to unit owners;
16.30 	(11) impose interest and late charges for late payment of assessments and, after 
16.31 	notice and an opportunity to be heard before the board or a committee appointed by it, 
16.32 	levy reasonable fines for violations of the declaration, bylaws, and rules and regulations 
16.33 	of the association;
16.34 	(12) impose reasonable charges for the review, preparation and recordation of 
16.35 	amendments to the declaration, resale certificates required by section 515B.4-107, 
16.36 	statements of unpaid assessments, or furnishing copies of association records;
17.1 	(13) provide for the indemnification of its officers and directors, and maintain 
17.2 	directors' and officers' liability insurance;
17.3 	(14) provide for reasonable procedures governing the conduct of meetings and 
17.4 	election of directors;
17.5 	(15) exercise any other powers conferred by law, or by the declaration, articles 
17.6 	of incorporation or bylaws; and
17.7 	(16) exercise any other powers necessary and proper for the governance and 
17.8 	operation of the association.
17.9 	(b) Notwithstanding subsection (a) the declaration or bylaws may not impose 
17.10 	limitations on the power of the association to deal with the declarant which are more 
17.11 	restrictive than the limitations imposed on the power of the association to deal with other 
17.12 	persons.
17.13 	(c) Notwithstanding subsection (a), powers exercised under this section must comply 
17.14 	with section sections500.215 and 500.216.

17.15 	Sec. 26. Laws 2013, chapter 57, section 2, is amended to read:
17.16 	Sec. 2. TRANSMISSION LINE; CERTIFICATE OF NEED REQUIRED 
17.17 	AND EVIDENCE REQUIRED.
 17.18 	(a) A high-voltage transmission line with a capacity of 100 kilovolts or more proposed 
17.19 	to be located within a city in the metropolitan area as defined in Minnesota Statutes, 
17.20 	section 473.121, subdivision 2, for which a route permit application was filed between 
17.21 	June 2011 and August 2011, and a certificate of need application was filed between June 
17.22 	2012 and August 2012, to rebuild approximately eight miles of 69 kilovolt transmission 
17.23 	with a high-voltage transmission line to meet local area distribution needs, must be 
17.24 	approved in a certificate of need proceeding conducted under Minnesota Statutes, section 
17.25 	216B.243. The certificate of need may be approved only if the commission finds by clear 
17.26 	and convincing evidence that there is no feasible and available distribution level alternative 
17.27 	to the transmission line. In making its findings the commission shall consider the factors 
17.28 	provided in applicable law and rules including, without limitation, cost-effectiveness, 
17.29 	energy conservation, and the protection or enhancement of environmental quality.
17.30 	(b) Further proceedings regarding the routing of a high-voltage transmission line 
17.31 	described in this section shall be suspended until the Public Utilities Commission has 
17.32 	made a determination that the transmission line is needed.
17.33 	(c) If an application for a certificate of need described in paragraph (a) is withdrawn 
17.34 	or otherwise abandoned, this section shall apply to any high-voltage transmission line of 
17.35 	100 kilovolts or more proposed to meet the same needs as the line described in paragraph 
18.1 	(a) and that follows a route that is similar to that of the line subject to paragraph (a). In 
18.2 	addition, a certificate of need for a line subject to this paragraph is not effective until 
18.3 	30 days following the adjournment of the regular legislative session next following 
18.4 	commission approval of the certificate of need.

18.5 	EFFECTIVE DATE. This section is effective the day following final enactment.

18.6 	Sec. 27. Laws 2014, chapter 145, section 1, is amended to read:
18.7 	Section 1. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM; 
18.8 	SUPPLEMENTAL APPROPRIATION.
 18.9 	(a) $20,000,000 is appropriated in fiscal year 2014 from the general fund to the 
18.10 	commissioner of commerce for the purpose of providing additional heating assistance 
18.11 	through the low-income home energy assistance program under United States Code, title 
18.12 	42, sections 8621 to 8630, and Minnesota Statutes, section 216C.02, subdivision 1. No 
18.13 	more than five eight percent of this appropriation may be used for expenses to administer 
18.14 	the program. Any unspent balance available on June 30, 2014, cancels to the general fund.
18.15 	(b) The funding provided in this section shall supplement, and not replace, any 
18.16 	federal or other funding existing or otherwise available for heating assistance in Minnesota.
18.17 	(c) The commissioner shall disburse the funds provided in this section in a manner 
18.18 	consistent with the requirements of the federal low-income home energy assistance 
18.19 	program under United States Code, title 42, sections 8621 to 8630.

18.20 	Sec. 28. LEGISLATIVE ENERGY COMMISSION; PROPANE CONVERSION 
18.21 	STRATEGIES.
 18.22 	(a) The Legislative Energy Commission is required to investigate the feasibility of 
18.23 	converting propane gas users to alternative sources of energy, including but not limited to 
18.24 	renewable technologies, such as geothermal ground-source heat pumps and solar thermal, 
18.25 	and nonrenewable sources, such as natural gas. The investigation, among other things, 
18.26 	should assess the technical and economic issues for converting nonmetropolitan users of 
18.27 	propane to users of alternative sources of heat. The investigation should assess to what 
18.28 	extent increased residential weatherization efforts could decrease the need for delivered 
18.29 	fuels.
18.30 	(b) The commission is requested to complete its investigations so that any 
18.31 	recommendations for legislation are completed by January 15, 2015.

18.32 	EFFECTIVE DATE. This section is effective the day following final enactment.

19.1 	Sec. 29.  REPEALER.
 19.2 		Subdivision 1.Weatherization assistance. Minnesota Rules, parts 3300.0800; 
19.3 	3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19, 
19.4 	20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36; 3300.1100; 
19.5 	3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; and 
19.6 	3300.1900, are repealed.
19.7 		Subd. 2.Energy conservation loan program. Minnesota Rules, parts 7607.0100; 
19.8 	7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; and 
19.9 	7607.0180, are repealed.
19.10 		Subd. 3.Electric utilities; extended forecasts. Minnesota Rules, part 7610.0300,
19.11 	 is repealed.
19.12 		Subd. 4.Cooling systems replacement; energy efficiency criteria. Minnesota 
19.13 	Rules, parts 7685.0100; 7685.0120; 7685.0130; and 7685.0140, are repealed.