1.1 	A bill for an act
1.2 	relating to commerce; establishing a biennial budget for Department of Commerce, 
1.3 	Public Utilities Commission, and energy activities; modifying various provisions 
1.4 	governing insurance; modifying provisions governing collections agencies and 
1.5 	debt buyers; modifying and adding consumer protections; establishing and 
1.6 	modifying provisions governing energy, renewable energy, and utility regulation; 
1.7 	providing for certain salary increases; making technical changes; establishing 
1.8 	penalties; requiring reports; appropriating money;amending Minnesota Statutes 
1.9 	2020, sections 13.712, by adding a subdivision; 16B.86; 16B.87; 60A.092, 
1.10 	subdivision 10a, by adding a subdivision; 60A.0921, subdivision 2; 60A.71, 
1.11 	subdivision 7; 61A.245, subdivision 4; 62J.03, subdivision 4; 62J.23, subdivision 
1.12 	2; 62J.26, subdivisions 1, 2, 3, 4, 5; 65B.15, subdivision 1; 65B.43, subdivision 
1.13 	12; 65B.472, subdivision 1; 79.55, subdivision 10; 79.61, subdivision 1; 80G.06, 
1.14 	subdivision 1; 82.57, subdivisions 1, 5; 82.62, subdivision 3; 82.81, subdivision 
1.15 	12; 82B.021, subdivision 18; 82B.11, subdivision 3; 115C.094; 116.155, by adding 
1.16 	a subdivision; 116C.7792; 174.29, subdivision 1; 174.30, subdivisions 1, 10; 
1.17 	216B.096, subdivisions 2, 3; 216B.097, subdivisions 1, 2, 3, by adding a 
1.18 	subdivision; 216B.0976; 216B.1691, subdivision 2f; 216B.241, by adding a 
1.19 	subdivision; 216B.2412, subdivision 3; 216B.2422, by adding a subdivision; 
1.20 	216B.62, subdivision 3b; 216F.012; 221.031, subdivision 3b; 256B.0625, 
1.21 	subdivisions 10, 17; 308A.201, subdivision 12; 325E.21, subdivisions 1, 1b, by 
1.22 	adding a subdivision; 325F.171, by adding a subdivision; 325F.172, by adding a 
1.23 	subdivision; 332.31, subdivisions 3, 6, by adding subdivisions; 332.311; 332.32; 
1.24 	332.33, subdivisions 1, 2, 5, 5a, 7, 8, by adding a subdivision; 332.34; 332.345; 
1.25 	332.355; 332.37; 332.385; 332.40, subdivision 3; 332.42, subdivisions 1, 2; 
1.26 	514.972, subdivisions 4, 5; 514.973, subdivisions 3, 4; 514.974; 514.977; proposing 
1.27 	coding for new law in Minnesota Statutes, chapters 60A; 62Q; 80G; 115B; 116J; 
1.28 	216B; 216C; 216F; 325F; proposing coding for new law as Minnesota Statutes, 
1.29 	chapter 58B; repealing Minnesota Statutes 2020, sections 45.017; 60A.98; 60A.981; 
1.30 	60A.982; 115C.13.
1.31 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.32 	ARTICLE 1
1.33 	COMMERCE, CLIMATE, AND ENERGY FINANCE

1.34	Section 1. APPROPRIATIONS.
 	
2.1 	The sums shown in the columns marked "Appropriations" are appropriated to the agencies 
2.2 	and for the purposes specified in this article. The appropriations are from the general fund, 
2.3 	or another named fund, and are available for the fiscal years indicated for each purpose. 
2.4 	The figures "2022" and "2023" used in this article mean that the appropriations listed under 
2.5 	them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively. 
2.6 	"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium" 
2.7 	is fiscal years 2022 and 2023. If an appropriation in this act is enacted more than once in 
2.8 	the 2021 legislative session, the appropriation must be given effect only once.

2.9				APPROPRIATIONS
	
2.10				Available for the Year
	
2.11				Ending June 30
	
2.12					2022
		2023

2.13	Sec. 2. DEPARTMENT OF COMMERCE

2.14	Subdivision 1.Total Appropriation
 	$
	44,172,000
	$
	33,893,000

2.15	Appropriations by Fund
	
2.16		2022
	2023
	
2.17	General
	40,095,000
	29,983,000
	
2.18	Special Revenue
	2,260,000
	2,093,000
	
2.19
2.20	Workers' 
Compensation Fund
	761,000
	761,000
	
2.21	Petroleum Tank
	1,056,000
	1,056,000
	
2.22 	The amounts that may be spent for each 
2.23 	purpose are specified in the following 
2.24 	subdivisions.

2.25	Subd. 2.Financial Institutions
 		1,923,000
		1,941,000

2.26	Appropriations by Fund
	
2.27	General
	1,923,000
	1,941,000
	
2.28 	(a) $400,000 each year is for a grant to Prepare 
2.29 	and Prosper to develop, market, evaluate, and 
2.30 	distribute a financial services inclusion 
2.31 	program that (1) assists low-income and 
2.32 	financially underserved populations to build 
2.33 	savings and strengthen credit, and (2) provides 
2.34 	services to assist low-income and financially 
2.35 	underserved populations to become more 
2.36 	financially stable and secure. Money 
3.1 	remaining after the first year is available for 
3.2 	the second year.
3.3 	(b) $254,000 each year is to administer the 
3.4 	requirements of Minnesota Statutes, chapter 
3.5 	58B.

3.6	Subd. 3.Administrative Services
 		9,346,000
		8,821,000
	
3.7 	(a) $392,000 in the first year and $401,000 in 
3.8 	the second year are for additional compliance 
3.9 	efforts with unclaimed property. The 
3.10 	commissioner may issue contracts for these 
3.11 	services.
3.12 	(b) $5,000 each year is for Real Estate 
3.13 	Appraisal Advisory Board compensation 
3.14 	pursuant to Minnesota Statutes, section 
3.15 	82B.073, subdivision 2a.
3.16 	(c) $353,000 each year is for system 
3.17 	modernization and cybersecurity upgrades for 
3.18 	the unclaimed property program.
3.19 	(d) $564,000 each year is for additional 
3.20 	operations of the unclaimed property program.
3.21 	(e) $832,000 in the first year and $208,000 in 
3.22 	the second year are for IT system 
3.23 	modernization. The base in fiscal year 2024 
3.24 	and beyond is $0.

3.25	Subd. 4.Telecommunications
 		3,443,000
		3,183,000

3.26	Appropriations by Fund
	
3.27	General
	1,383,000
	1,090,000
	
3.28	Special Revenue
	2,060,000
	2,093,000
	
3.29 	(a) $2,060,000 in the first year and $2,093,000 
3.30 	in the second year are from the 
3.31 	telecommunications access Minnesota fund 
3.32 	account in the special revenue fund for the 
3.33 	following transfers:
4.1 	(1) $1,620,000 each year is to the 
4.2 	commissioner of human services to 
4.3 	supplement the ongoing operational expenses 
4.4 	of the Commission of Deaf, DeafBlind, and 
4.5 	Hard-of-Hearing Minnesotans. This transfer 
4.6 	is subject to Minnesota Statutes, section 
4.7 	16A.281;
4.8 	(2) $290,000 each year is to the chief 
4.9 	information officer to coordinate technology 
4.10 	accessibility and usability;
4.11 	(3) $100,000 in the first year and $133,000 in 
4.12 	the second year are to the Legislative 
4.13 	Coordinating Commission for captioning 
4.14 	legislative coverage. This transfer is subject 
4.15 	to Minnesota Statutes, section 16A.281; and
4.16 	(4) $50,000 each year is to the Office of 
4.17 	MN.IT Services for a consolidated access fund 
4.18 	to provide grants or services to other state 
4.19 	agencies related to accessibility of web-based 
4.20 	services.
4.21 	(b) $310,000 in the first year is for transfer to 
4.22 	the Legislative Coordinating Commission for 
4.23 	additional captioning of legislative coverage 
4.24 	necessitated by the COVID-19 public health 
4.25 	emergency.

4.26	Subd. 5.Enforcement
 		5,807,000
		5,498,000

4.27	Appropriations by Fund
	
4.28	General
	5,406,000
	5,297,000
	
4.29
4.30	Workers' 
Compensation
	201,000
	201,000
	
4.31
4.32	Special Revenue 
Fund
	200,000
	-0-
	
4.33 	(a) $283,000 in the first year and $286,000 in 
4.34 	the second year are for health care 
4.35 	enforcement.
5.1 	(b) $201,000 each year is from the workers' 
5.2 	compensation fund.
5.3 	(c) Notwithstanding Minnesota Statutes, 
5.4 	section 297I.11, subdivision 2, $200,000 in 
5.5 	the first year is from the auto theft prevention 
5.6 	account in the special revenue fund for the 
5.7 	catalytic converter theft prevention pilot 
5.8 	project. This balance does not cancel but is 
5.9 	available in the second year.
5.10 	(d) $200,000 in the first year is from the 
5.11 	general fund for the catalytic converter theft 
5.12 	prevention pilot project. This balance does not 
5.13 	cancel but is available in the second year.
5.14 	(e) $300,000 in fiscal year 2022 is transferred 
5.15 	from the consumer education account in the 
5.16 	special revenue fund to the general fund.

5.17	Subd. 6.Insurance
 		7,072,000
		7,138,000

5.18	Appropriations by Fund
	
5.19	General
	6,512,000
	6,578,000
	
5.20
5.21	Workers' 
Compensation
	560,000
	560,000
	
5.22 	(a) $656,000 in the first year and $671,000 in 
5.23 	the second year are for health insurance rate 
5.24 	review staffing.
5.25 	(b) $421,000 in the first year and $431,000 in 
5.26 	the second year are for actuarial work to 
5.27 	prepare for implementation of principle-based 
5.28 	reserves.
5.29 	(c) $30,000 in the first year is to pay for two 
5.30 	years of membership dues for Minnesota to 
5.31 	the National Conference of Insurance 
5.32 	Legislators.
5.33 	(d) $428,000 in the first year and $432,000 in 
5.34 	the second year are for licensing activities 
6.1 	under Minnesota Statutes, chapter 62W. Of 
6.2 	this amount, $246,000 each year must be used 
6.3 	only for staff costs associated with two 
6.4 	enforcement investigators to enforce 
6.5 	Minnesota Statutes, chapter 62W.
6.6 	(e) $560,000 each year is from the workers' 
6.7 	compensation fund.
6.8 	(f) $105,000 each year is to evaluate 
6.9 	legislation for new mandated health benefits 
6.10 	under Minnesota Statutes, section 62J.26.

6.11	Subd. 7.Weights and Measures Division
 		1,500,000
		1,500,000
	
6.12 	$1,500,000 each year is for replacement of 
6.13 	existing equipment and continuity of 
6.14 	operations.

6.15	Subd. 8.Energy Resources
 		13,925,000
		4,756,000
	
6.16 	(a) $150,000 each year is to remediate 
6.17 	vermiculite insulation from households that 
6.18 	are eligible for weatherization assistance under 
6.19 	Minnesota's weatherization assistance program 
6.20 	state plan under Minnesota Statutes, section 
6.21 	216C.264. Remediation must be done in 
6.22 	conjunction with federal weatherization 
6.23 	assistance program services.
6.24 	(b) $851,000 in the first year and $870,000 in 
6.25 	the second year are for energy regulation and 
6.26 	planning unit staff.
6.27 	(c) $8,000,000 in the first year is to provide 
6.28 	financial assistance to schools to purchase and 
6.29 	install solar energy generating systems under 
6.30 	Minnesota Statutes, section 216C.375. This 
6.31 	appropriation must be expended on schools 
6.32 	located outside the electric service territory of 
6.33 	the public utility that is subject to Minnesota 
7.1 	Statutes, section 116C.779. Any money 
7.2 	remaining on June 30, 2027, cancels to the 
7.3 	general fund.
7.4 	(d) $1,242,000 in the first year is to provide 
7.5 	financial assistance to schools that are state 
7.6 	colleges and universities to purchase and 
7.7 	install solar energy generating systems under 
7.8 	Minnesota Statutes, section 216C.375. This 
7.9 	appropriation must be expended on schools 
7.10 	located outside the electric service territory of 
7.11 	the public utility that is subject to Minnesota 
7.12 	Statutes, section 116C.779. The base amount 
7.13 	for fiscal year 2024 is $1,138,000. Any money 
7.14 	remaining on June 30, 2027, cancels to the 
7.15 	general fund.
7.16 	(e) $189,000 each year is for activities 
7.17 	associated with a utility's implementation of 
7.18 	a natural gas innovation plan under Minnesota 
7.19 	Statutes, section 216B.2427.

7.20
7.21	Subd. 9.Petroleum Tank Release Compensation 
Board
 		1,056,000
		1,056,000
	
7.22 	This appropriation is from the petroleum tank 
7.23 	fund to account for base adjustments provided 
7.24 	in Minnesota Statutes, section 115C.13.

7.25
7.26	Subd. 10.Landfill Bond Prepayment; Solar Pilot 
Project
 					
7.27 	(a) $100,000 in the first year is from the 
7.28 	general fund for transfer to the commissioner 
7.29 	of management and budget to prepay and 
7.30 	defease any outstanding general obligation 
7.31 	bonds used to acquire property, finance 
7.32 	improvements and betterments, or pay any 
7.33 	other associated financing costs at the 
7.34 	Anoka-Ramsey closed landfill. This amount 
7.35 	may be deposited, invested, and applied to 
8.1 	accomplish the purposes of this section as 
8.2 	provided in Minnesota Statutes, section 
8.3 	475.67, subdivisions 5 to 10 and 13. Upon the 
8.4 	prepayment and defeasance of all associated 
8.5 	debt on the real property and improvements, 
8.6 	all conditions set forth in Minnesota Statutes, 
8.7 	section 16A.695, subdivision 3, are deemed 
8.8 	to have been satisfied and the real property 
8.9 	and improvements no longer constitute state 
8.10 	bond financed property under Minnesota 
8.11 	Statutes, section 16A.695.
8.12 	(b) Once the purposes in paragraph (a) have 
8.13 	been met, the commissioner of the Pollution 
8.14 	Control Agency may take actions and execute 
8.15 	agreements to facilitate the beneficial reuse of 
8.16 	the Anoka-Ramsey closed landfill, and may 
8.17 	specifically authorize the installation of a solar 
8.18 	energy generating system, as defined in 
8.19 	Minnesota Statutes, section 216E.01, 
8.20 	subdivision 9a, as a pilot project at the closed 
8.21 	landfill to be owned and operated by a 
8.22 	cooperative electric association that has more 
8.23 	than 130,000 customers in Minnesota. The 
8.24 	appropriation in paragraph (a) must not be 
8.25 	used to finance the pilot project, procure land 
8.26 	rights, or to manage the solar energy 
8.27 	generating system.

8.28
8.29	Sec. 3. MINNESOTA MANAGEMENT AND 
BUDGET
 	$
	49,000
	$
	49,000
	
8.30 	$49,000 each year is for consultation with the 
8.31 	commissioner of commerce to evaluate 
8.32 	legislation for new mandated health benefits 
8.33 	under Minnesota Statutes, section 62J.26.

8.34	Sec. 4. DEPARTMENT OF HEALTH
 	$
	37,000
	$
	37,000
	
9.1 	$37,000 each year is for consultation with the 
9.2 	commissioner of commerce to evaluate 
9.3 	legislation for new mandated health benefits 
9.4 	under Minnesota Statutes, section 62J.26.

9.5	Sec. 5. PUBLIC UTILITIES COMMISSION
 	$
	$8,185,000
	$
	$8,314,000
	
9.6 	$112,000 each year is for activities associated 
9.7 	with a utility's implementation of a natural gas 
9.8 	innovation plan under Minnesota Statutes, 
9.9 	section 216B.2427.

9.10
9.11	Sec. 6. DEPARTMENT OF EMPLOYMENT 
AND ECONOMIC DEVELOPMENT
 	$
	170,000
	$
	$350,000
	
9.12 	$170,000 in the first year and $350,000 in the 
9.13 	second year are to operate the Energy 
9.14 	Transition Office under Minnesota Statutes, 
9.15 	section 116J.5491.

9.16	Sec. 7. DEPARTMENT OF EDUCATION
 	$
	150,000
	$
	150,000
	
9.17 	$150,000 in fiscal year 2022 and $150,000 in 
9.18 	fiscal year 2023 are for grants to the 
9.19 	Minnesota Council on Economic Education 
9.20 	under article 7, section 3. These are onetime 
9.21 	appropriations.

9.22 	Sec. 8. CANCELLATION; FISCAL YEAR 2021.
 9.23 	$1,220,000 of the fiscal year 2021 general fund appropriation under Laws 2019, First 
9.24 	Special Session chapter 7, article 1, section 6, subdivision 3, is canceled.

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

9.26 	ARTICLE 2
9.27 	RENEWABLE DEVELOPMENT ACCOUNT APPROPRIATIONS

9.28	Section 1. RENEWABLE DEVELOPMENT FINANCE.
 	
9.29 	(a) The sums shown in the columns marked "Appropriations" are appropriated to the 
9.30 	agencies and for the purposes specified in this article. Notwithstanding Minnesota Statutes, 
9.31 	section 116C.779, subdivision 1, paragraph (j), the appropriations are from the renewable 
9.32 	development account in the special revenue fund established in Minnesota Statutes, section 
10.1 	116C.779, subdivision 1, and are available for the fiscal years indicated for each purpose. 
10.2 	The figures "2022" and "2023" used in this article mean that the appropriations listed under 
10.3 	them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively. 
10.4 	"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium" 
10.5 	is fiscal years 2022 and 2023.
10.6 	(b) If an appropriation in this article is enacted more than once in the 2021 regular or 
10.7 	special legislative session, the appropriation must be given effect only once.

10.8				APPROPRIATIONS
	
10.9				Available for the Year
	
10.10				Ending June 30
	
10.11					2022
		2023

10.12
10.13	Sec. 2. DEPARTMENT OF EMPLOYMENT 
AND ECONOMIC DEVELOPMENT
 	$
	8,000,000
	$
	-0-

10.14
10.15	Subdivision 1.Clean Energy Career Training 
Pilot Project
 					
10.16 	$2,500,000 the first year is for a grant to 
10.17 	Northgate Development, LLC, for a pilot 
10.18 	project under article 8, section 30, to provide 
10.19 	training pathways into careers in the clean 
10.20 	energy sector for students and young adults 
10.21 	in underserved communities. Any unexpended 
10.22 	funds remaining at the end of the biennium 
10.23 	cancel to the renewable development account. 
10.24 	This is a onetime appropriation.

10.25	Subd. 2.Mountain Iron Solar
 					
10.26 	$5,500,000 the first year is for a grant to the 
10.27 	Mountain Iron Economic Development 
10.28 	Authority to expand a city-owned solar 
10.29 	module manufacturing plant building in the 
10.30 	city's Renewable Energy Industrial Park. This 
10.31 	is a onetime appropriation and any amount 
10.32 	unexpended by June 30, 2022, must be 
10.33 	returned to the renewable development 
10.34 	account.

11.1	Sec. 3. DEPARTMENT OF COMMERCE

11.2	Subdivision 1.Total Appropriation
 	$
	4,825,000
	$
	1,800,000
	
11.3 	The amounts that may be spent for each 
11.4 	purpose are specified in the following 
11.5 	subdivisions.

11.6	Subd. 2."Made in Minnesota" Administration
 					
11.7 	$100,000 each year is to administer the "Made 
11.8 	in Minnesota" solar energy production 
11.9 	incentive program under Minnesota Statutes, 
11.10 	section 216C.417.

11.11	Subd. 3.Third-Party Evaluator
 					
11.12 	$500,000 each year is for costs associated with 
11.13 	any third-party expert evaluation of a proposal 
11.14 	submitted in response to a request for proposal 
11.15 	to the Renewable Development Advisory 
11.16 	Group under Minnesota Statutes, section 
11.17 	116C.779, subdivision 1, paragraph (l). No 
11.18 	portion of this appropriation may be expended 
11.19 	or retained by the commissioner of commerce. 
11.20 	Any money appropriated under this paragraph 
11.21 	that is unexpended at the end of a fiscal year 
11.22 	cancels to the renewable development account.

11.23	Subd. 4.Agricultural Weather Study
 					
11.24 	$583,000 the first year is for a grant to the 
11.25 	Board of Regents of the University of 
11.26 	Minnesota to conduct a study that generates 
11.27 	weather model projections for the entire state 
11.28 	of Minnesota at a level of detail as small as 
11.29 	three square miles in area. This is a onetime 
11.30 	appropriation.

11.31	Subd. 5.Microgrid Research and Application
 					
11.32 	(a) $2,400,000 the first year and $1,200,000 
11.33 	the second year are for a grant to the 
12.1 	University of St. Thomas Center for Microgrid 
12.2 	Research for the purposes of paragraph (b). 
12.3 	The base in fiscal year 2024 is $1,000,000. 
12.4 	The base in fiscal year 2025 is $400,000. The 
12.5 	base in fiscal year 2026 is $400,000.
12.6 	(b) The appropriations in this subdivision must 
12.7 	be used by the University of St. Thomas 
12.8 	Center for Microgrid Research to:
12.9 	(1) increase the center's capacity to provide 
12.10 	industry partners opportunities to test 
12.11 	near-commercial microgrid products on a 
12.12 	real-world scale and to multiply opportunities 
12.13 	for innovative research;
12.14 	(2) procure advanced equipment and controls 
12.15 	to enable the extension of the university's 
12.16 	microgrid to additional buildings; and
12.17 	(3) expand (i) hands-on educational 
12.18 	opportunities for undergraduate and graduate 
12.19 	electrical engineering students to increase 
12.20 	understanding of microgrid operations, and 
12.21 	(ii) partnerships with community colleges.

12.22
12.23	Subd. 6.Solar on State College and University 
Campuses
 					
12.24 	$1,242,000 the first year is to provide financial 
12.25 	assistance to schools that are state colleges 
12.26 	and universities to purchase and install solar 
12.27 	energy generating systems under Minnesota 
12.28 	Statutes, section 216C.376. This appropriation 
12.29 	must be expended on schools located inside 
12.30 	the electric service territory of the public 
12.31 	utility that is subject to Minnesota Statutes, 
12.32 	section 116C.779. The base in fiscal year 2024 
12.33 	is $1,138,000.

12.34	Sec. 4. UNIVERSITY OF MINNESOTA
 	$
	10,000,000
	$
	-0-
	
13.1 	$10,000,000 the first year is to the Board of 
13.2 	Regents of the University of Minnesota, West 
13.3 	Central Research and Outreach Center, for the 
13.4 	purpose of leading research, development, and 
13.5 	advancement of energy storage systems that 
13.6 	utilize hydrogen and ammonia production 
13.7 	from renewables and other sources of clean 
13.8 	energy. Funds received under this section may 
13.9 	only be used for those portions of the project 
13.10 	that are related to renewable power generation 
13.11 	using ammonia directly as a fuel or as a carrier 
13.12 	for hydrogen fuel. Research and development 
13.13 	of ultrasafe ammonia storage is an eligible use 
13.14 	of funds under this section. This is a onetime 
13.15 	appropriation and any amount unexpended by 
13.16 	June 30, 2025, must be returned to the 
13.17 	renewable development account.

13.18
13.19	Sec. 5. DEPARTMENT OF 
ADMINISTRATION
 	$
	5,344,000
	$
	88,000

13.20
13.21
13.22	Subdivision 1.State Building Energy 
Conservation Improvement Revolving Loan 
Account
 					
13.23 	$5,000,000 the first year is for deposit in the 
13.24 	state building energy conservation 
13.25 	improvement revolving loan account 
13.26 	established in Minnesota Statutes, section 
13.27 	16B.86, for the purpose of providing loans to 
13.28 	state agencies for energy conservation projects 
13.29 	under Minnesota Statutes, section 16B.87.

13.30
13.31	Subd. 2.State Building Energy Conservation 
Improvement Revolving Loan Program
 					
13.32 	$219,000 the first year and $88,000 the second 
13.33 	year are for software and administrative costs 
13.34 	associated with the state building energy 
13.35 	conservation improvement revolving loan 
13.36 	program under Minnesota Statutes, section 
14.1 	16B.87. The base in fiscal year 2024 is 
14.2 	$90,000 and the base in fiscal year 2025 is 
14.3 	$92,000.

14.4
14.5	Subd. 3.Construction Materials; Environmental 
Impact Study
 					
14.6 	$125,000 the first year is to complete the study 
14.7 	required under article 8, section 31.

14.8 	ARTICLE 3
14.9 	INSURANCE

14.10 	Section 1. Minnesota Statutes 2020, section 60A.092, subdivision 10a, is amended to read:
14.11 		Subd. 10a.Other jurisdictions. The reinsurance is ceded and credit allowed to an 
14.12 	assuming insurer not meeting the requirements of subdivision 2, 3, 4, 5, or 10, or 10b, but 
14.13 	only with respect to the insurance of risks located in jurisdictions where the reinsurance is 
14.14 	required by applicable law or regulation of that jurisdiction.

14.15 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to reinsurance 
14.16 	contracts entered into or renewed on or after that date.

14.17 	Sec. 2. Minnesota Statutes 2020, section 60A.092, is amended by adding a subdivision to 
14.18 	read:
14.19 		Subd. 10b.Credit allowed; reciprocal jurisdiction. (a) Credit shall be allowed when 
14.20 	the reinsurance is ceded to an assuming insurer meeting each of the following conditions:
14.21 	(1) the assuming insurer must have its head office in or be domiciled in, as applicable, 
14.22 	and be licensed in a reciprocal jurisdiction. A "reciprocal jurisdiction" means a jurisdiction 
14.23 	that is:
14.24 	(i) a non-United States jurisdiction that is subject to an in-force covered agreement with 
14.25 	the United States, each within its legal authority, or, in the case of a covered agreement 
14.26 	between the United States and the European Union, is a member state of the European 
14.27 	Union. For purposes of this subdivision, a "covered agreement" means an agreement entered 
14.28 	into pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act, United 
14.29 	States Code, title 31, sections 313 and 314, that is currently in effect or in a period of 
14.30 	provisional application and addresses the elimination, under specified conditions, of collateral 
14.31 	requirements as a condition for entering into any reinsurance agreement with a ceding insurer 
14.32 	domiciled in Minnesota or for allowing the ceding insurer to recognize credit for reinsurance;
15.1 	(ii) a United States jurisdiction that meets the requirements for accreditation under the 
15.2 	National Association of Insurance Commissioners (NAIC) financial standards and 
15.3 	accreditation program; or
15.4 	(iii) a qualified jurisdiction, as determined by the commissioner, which is not otherwise 
15.5 	described in item (i) or (ii) and which meets the following additional requirements, consistent 
15.6 	with the terms and conditions of in-force covered agreements:
15.7 	(A) provides that an insurer which has its head office or is domiciled in such qualified 
15.8 	jurisdiction shall receive credit for reinsurance ceded to a United States-domiciled assuming 
15.9 	insurer in the same manner as credit for reinsurance is received for reinsurance assumed by 
15.10 	insurers domiciled in such qualified jurisdiction;
15.11 	(B) does not require a United States-domiciled assuming insurer to establish or maintain 
15.12 	a local presence as a condition for entering into a reinsurance agreement with any ceding 
15.13 	insurer subject to regulation by the non-United States jurisdiction or as a condition to allow 
15.14 	the ceding insurer to recognize credit for such reinsurance;
15.15 	(C) recognizes the United States state regulatory approach to group supervision and 
15.16 	group capital, by providing written confirmation by a competent regulatory authority, in 
15.17 	such qualified jurisdiction, that insurers and insurance groups that are domiciled or maintain 
15.18 	their headquarters in this state or another jurisdiction accredited by the NAIC shall be subject 
15.19 	only to worldwide prudential insurance group supervision including worldwide group 
15.20 	governance, solvency and capital, and reporting, as applicable, by the commissioner or the 
15.21 	commissioner of the domiciliary state and will not be subject to group supervision at the 
15.22 	level of the worldwide parent undertaking of the insurance or reinsurance group by the 
15.23 	qualified jurisdiction; and
15.24 	(D) provides written confirmation by a competent regulatory authority in such qualified 
15.25 	jurisdiction that information regarding insurers and their parent, subsidiary, or affiliated 
15.26 	entities, if applicable, shall be provided to the commissioner in accordance with a 
15.27 	memorandum of understanding or similar document between the commissioner and such 
15.28 	qualified jurisdiction, including but not limited to the International Association of Insurance 
15.29 	Supervisors Multilateral Memorandum of Understanding or other multilateral memoranda 
15.30 	of understanding coordinated by the NAIC;
15.31 	(2) the assuming insurer must have and maintain, on an ongoing basis, minimum capital 
15.32 	and surplus, or its equivalent, calculated according to the methodology of its domiciliary 
15.33 	jurisdiction, on at least an annual basis as of the preceding December 31 or on the date 
15.34 	otherwise statutorily reported to the reciprocal jurisdiction, in the following amounts:
16.1 	(i) no less than $250,000,000; or
16.2 	(ii) if the assuming insurer is an association, including incorporated and individual 
16.3 	unincorporated underwriters:
16.4 	(A) minimum capital and surplus equivalents, net of liabilities, or own funds of the 
16.5 	equivalent of at least $250,000,000; and
16.6 	(B) a central fund containing a balance of the equivalent of at least $250,000,000;
16.7 	(3) the assuming insurer must have and maintain, on an ongoing basis, a minimum 
16.8 	solvency or capital ratio, as applicable, as follows:
16.9 	(i) if the assuming insurer has its head office or is domiciled in a reciprocal jurisdiction 
16.10 	defined in clause (1), item (i), the ratio specified in the applicable covered agreement;
16.11 	(ii) if the assuming insurer is domiciled in a reciprocal jurisdiction defined in clause (1), 
16.12 	item (ii), a risk-based capital ratio of 300 percent of the authorized control level, calculated 
16.13 	in accordance with the formula developed by the NAIC; or
16.14 	(iii) if the assuming insurer is domiciled in a Reciprocal Jurisdiction defined in clause 
16.15 	(1), item (iii), after consultation with the reciprocal jurisdiction and considering any 
16.16 	recommendations published through the NAIC Committee Process, such solvency or capital 
16.17 	ratio as the commissioner determines to be an effective measure of solvency;
16.18 	(4) the assuming insurer must agree and provide adequate assurance in the form of a 
16.19 	properly executed Form RJ-1 of its agreement to the following:
16.20 	(i) the assuming insurer must provide prompt written notice and explanation to the 
16.21 	commissioner if it falls below the minimum requirements set forth in clause (2) or (3), or 
16.22 	if any regulatory action is taken against the assuming insurer for serious noncompliance 
16.23 	with applicable law;
16.24 	(ii) the assuming insurer must consent in writing to the jurisdiction of the courts of 
16.25 	Minnesota and to the appointment of the commissioner as agent for service of process. The 
16.26 	commissioner may require that consent for service of process be provided to the 
16.27 	commissioner and included in each reinsurance agreement. Nothing in this subdivision shall 
16.28 	limit or in any way alter the capacity of parties to a reinsurance agreement to agree to 
16.29 	alternative dispute resolution mechanisms, except to the extent such agreements are 
16.30 	unenforceable under applicable insolvency or delinquency laws;
17.1 	(iii) the assuming insurer must consent in writing to pay all final judgments, wherever 
17.2 	enforcement is sought, obtained by a ceding insurer or its legal successor, that have been 
17.3 	declared enforceable in the jurisdiction where the judgment was obtained;
17.4 	(iv) each reinsurance agreement must include a provision requiring the assuming insurer 
17.5 	to provide security in an amount equal to 100 percent of the assuming insurer's liabilities 
17.6 	attributable to reinsurance ceded pursuant to that agreement if the assuming insurer resists 
17.7 	enforcement of a final judgment that is enforceable under the law of the jurisdiction in which 
17.8 	it was obtained or a properly enforceable arbitration award, whether obtained by the ceding 
17.9 	insurer or by its legal successor on behalf of its resolution estate;
17.10 	(v) the assuming insurer must confirm that it is not presently participating in any solvent 
17.11 	scheme of arrangement which involves this state's ceding insurers, and agree to notify the 
17.12 	ceding insurer and the commissioner and to provide security in an amount equal to 100 
17.13 	percent of the assuming insurer's liabilities to the ceding insurer, should the assuming insurer 
17.14 	enter into such a solvent scheme of arrangement. The security shall be in a form consistent 
17.15 	with sections 60A.092, subdivision 10, 60A.093, 60A.096, and 60A.097. For purposes of 
17.16 	this section, the term "solvent scheme of arrangement" means a foreign or alien statutory 
17.17 	or regulatory compromise procedure subject to requisite majority creditor approval and 
17.18 	judicial sanction in the assuming insurer's home jurisdiction either to finally commute 
17.19 	liabilities of duly noticed classed members or creditors of a solvent debtor, or to reorganize 
17.20 	or restructure the debts and obligations of a solvent debtor on a final basis, and which may 
17.21 	be subject to judicial recognition and enforcement of the arrangement by a governing 
17.22 	authority outside the ceding insurer's home jurisdiction; and
17.23 	(vi) the assuming insurer must agree in writing to meet the applicable information filing 
17.24 	requirements set forth in clause (5);
17.25 	(5) the assuming insurer or its legal successor must provide, if requested by the 
17.26 	commissioner, on behalf of itself and any legal predecessors, the following documentation 
17.27 	to the commissioner:
17.28 	(i) for the two years preceding entry into the reinsurance agreement and on an annual 
17.29 	basis thereafter, the assuming insurer's annual audited financial statements, in accordance 
17.30 	with the applicable law of the jurisdiction of its head office or domiciliary jurisdiction, as 
17.31 	applicable, including the external audit report;
17.32 	(ii) for the two years preceding entry into the reinsurance agreement, the solvency and 
17.33 	financial condition report or actuarial opinion, if filed with the assuming insurer's supervisor;
18.1 	(iii) prior to entry into the reinsurance agreement and not more than semiannually 
18.2 	thereafter, an updated list of all disputed and overdue reinsurance claims outstanding for 
18.3 	90 days or more, regarding reinsurance assumed from ceding insurers domiciled in the 
18.4 	United States; and
18.5 	(iv) prior to entry into the reinsurance agreement and not more than semiannually 
18.6 	thereafter, information regarding the assuming insurer's assumed reinsurance by ceding 
18.7 	insurer, ceded reinsurance by the assuming insurer, and reinsurance recoverable on paid 
18.8 	and unpaid losses by the assuming insurer to allow for the evaluation of the criteria set forth 
18.9 	in clause (6);
18.10 	(6) the assuming insurer must maintain a practice of prompt payment of claims under 
18.11 	reinsurance agreements. The lack of prompt payment will be evidenced if any of the 
18.12 	following criteria is met:
18.13 	(i) more than 15 percent of the reinsurance recoverables from the assuming insurer are 
18.14 	overdue and in dispute as reported to the commissioner;
18.15 	(ii) more than 15 percent of the assuming insurer's ceding insurers or reinsurers have 
18.16 	overdue reinsurance recoverable on paid losses of 90 days or more which are not in dispute 
18.17 	and which exceed for each ceding insurer $100,000, or as otherwise specified in a covered 
18.18 	agreement; or
18.19 	(iii) the aggregate amount of reinsurance recoverable on paid losses which are not in 
18.20 	dispute, but are overdue by 90 days or more, exceeds $50,000,000, or as otherwise specified 
18.21 	in a covered agreement;
18.22 	(7) the assuming insurer's supervisory authority must confirm to the commissioner by 
18.23 	December 31, 2021, and annually thereafter, or at the annual date otherwise statutorily 
18.24 	reported to the reciprocal jurisdiction, that the assuming insurer complies with the 
18.25 	requirements set forth in clauses (2) and (3); and
18.26 	(8) nothing in this subdivision precludes an assuming insurer from providing the 
18.27 	commissioner with information on a voluntary basis.
18.28 	(b) The commissioner shall timely create and publish a list of reciprocal jurisdictions. 
18.29 	The commissioner's list shall include any reciprocal jurisdiction as defined under paragraph 
18.30 	(a), clause (1), items (i) and (ii), and shall consider any other reciprocal jurisdiction included 
18.31 	on the NAIC list. The commissioner may approve a jurisdiction that does not appear on the 
18.32 	NAIC list of reciprocal jurisdictions in accordance with criteria developed under rules issued 
18.33 	by the commissioner. The commissioner may remove a jurisdiction from the list of reciprocal 
19.1 	jurisdictions upon a determination that the jurisdiction no longer meets the requirements of 
19.2 	a reciprocal jurisdiction, in accordance with a process set forth in rules issued by the 
19.3 	commissioner, except that the commissioner shall not remove from the list a reciprocal 
19.4 	jurisdiction as defined under paragraph (a), clause (1), items (i) and (ii). Upon removal of 
19.5 	a reciprocal jurisdiction from the list, credit for reinsurance ceded to an assuming insurer 
19.6 	which has its home office or is domiciled in that jurisdiction shall be allowed, if otherwise 
19.7 	allowed pursuant to law.
19.8 	(c) The commissioner shall timely create and publish a list of assuming insurers that 
19.9 	have satisfied the conditions set forth in this subdivision and to which cessions shall be 
19.10 	granted credit in accordance with this subdivision. The commissioner may add an assuming 
19.11 	insurer to the list if an NAIC accredited jurisdiction has added the assuming insurer to a list 
19.12 	of assuming insurers or if, upon initial eligibility, the assuming insurer submits the 
19.13 	information to the commissioner as required under paragraph (a), clause (4), and complies 
19.14 	with any additional requirements that the commissioner may impose by rule, except to the 
19.15 	extent that they conflict with an applicable covered agreement.
19.16 	(i) If an NAIC-accredited jurisdiction has determined that the conditions set forth in 
19.17 	paragraph (a), clause (2), have been met, the commissioner has the discretion to defer to 
19.18 	that jurisdiction's determination, and add such assuming insurer to the list of assuming 
19.19 	insurers to which cessions shall be granted credit in accordance with this paragraph. The 
19.20 	commissioner may accept financial documentation filed with another NAIC-accredited 
19.21 	jurisdiction or with the NAIC in satisfaction of the requirements of paragraph (a), clause 
19.22 	(2);
19.23 	(ii) When requesting that the commissioner defer to another NAIC-accredited 
19.24 	jurisdiction's determination, an assuming insurer must submit a properly executed Form 
19.25 	RJ-1 and additional information as the commissioner may require. A state that has received 
19.26 	such a request will notify other states through the NAIC Committee Process and provide 
19.27 	relevant information with respect to the determination of eligibility.
19.28 	(d) If the commissioner determines that an assuming insurer no longer meets one or 
19.29 	more of the requirements under this subdivision, the commissioner may revoke or suspend 
19.30 	the eligibility of the assuming insurer for recognition under this subdivision in accordance 
19.31 	with procedures set forth in rule. While an assuming insurer's eligibility is suspended, no 
19.32 	reinsurance agreement issued, amended, or renewed after the effective date of the suspension 
19.33 	qualifies for credit, except to the extent that the assuming insurer's obligations under the 
19.34 	contract are secured in accordance with this section. If an assuming insurer's eligibility is 
19.35 	revoked, no credit for reinsurance may be granted after the effective date of the revocation 
20.1 	with respect to any reinsurance agreements entered into by the assuming insurer, including 
20.2 	reinsurance agreements entered into prior to the date of revocation, except to the extent that 
20.3 	the assuming insurer's obligations under the contract are secured in a form acceptable to 
20.4 	the commissioner and consistent with the provisions of this section.
20.5 	(e) Before denying statement credit or imposing a requirement to post security with 
20.6 	respect to paragraph (d) or adopting any similar requirement that will have substantially the 
20.7 	same regulatory impact as security, the commissioner shall:
20.8 	(1) communicate with the ceding insurer, the assuming insurer, and the assuming insurer's 
20.9 	supervisory authority that the assuming insurer no longer satisfies one of the conditions 
20.10 	listed in paragraph (a), clause (2);
20.11 	(2) provide the assuming insurer with 30 days from the initial communication to submit 
20.12 	a plan to remedy the defect, and 90 days from the initial communication to remedy the 
20.13 	defect, except in exceptional circumstances in which a shorter period is necessary for 
20.14 	policyholder and other consumer protection;
20.15 	(3) after the expiration of 90 days or less, as set out in clause (2), if the commissioner 
20.16 	determines that no or insufficient action was taken by the assuming insurer, the commissioner 
20.17 	may impose any of the requirements as set out in this paragraph; and
20.18 	(4) provide a written explanation to the assuming insurer of any of the requirements set 
20.19 	out in this paragraph.
20.20 	(f) If subject to a legal process of rehabilitation, liquidation, or conservation, as applicable, 
20.21 	the ceding insurer, or its representative, may seek and, if determined appropriate by the 
20.22 	court in which the proceedings are pending, may obtain an order requiring that the assuming 
20.23 	insurer post security for all outstanding ceded liabilities.
20.24 	(g) Nothing in this subdivision limits or in any way alters the capacity of parties to a 
20.25 	reinsurance agreement to agree on requirements for security or other terms in the reinsurance 
20.26 	agreement, except as expressly prohibited by applicable law or rule.
20.27 	(h) Credit may be taken under this subdivision only for reinsurance agreements entered 
20.28 	into, amended, or renewed on or after the effective date of this subdivision, and only with 
20.29 	respect to losses incurred and reserves reported on or after the later of: (1) the date on which 
20.30 	the assuming insurer has met all eligibility requirements pursuant to this subdivision; and 
20.31 	(2) the effective date of the new reinsurance agreement, amendment, or renewal. This 
20.32 	paragraph does not alter or impair a ceding insurer's right to take credit for reinsurance, to 
20.33 	the extent that credit is not available under this subdivision, as long as the reinsurance 
21.1 	qualifies for credit under any other applicable provision of law. Nothing in this subdivision 
21.2 	shall authorize an assuming insurer to withdraw or reduce the security provided under any 
21.3 	reinsurance agreement, except as permitted by the terms of the agreement. Nothing in this 
21.4 	subdivision shall limit, or in any way alter, the capacity of parties to any reinsurance 
21.5 	agreement to renegotiate the agreement.

21.6 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to reinsurance 
21.7 	contracts entered into or renewed on or after that date.

21.8 	Sec. 3. Minnesota Statutes 2020, section 60A.0921, subdivision 2, is amended to read:
21.9 		Subd. 2.Certification procedure. (a) The commissioner shall post notice on the 
21.10 	department's website promptly upon receipt of any application for certification, including 
21.11 	instructions on how members of the public may respond to the application. The commissioner 
21.12 	may not take final action on the application until at least 30 days after posting the notice.
21.13 	(b) The commissioner shall issue written notice to an assuming insurer that has applied 
21.14 	and been approved as a certified reinsurer. The notice must include the rating assigned the 
21.15 	certified reinsurer in accordance with subdivision 1. The commissioner shall publish a list 
21.16 	of all certified reinsurers and their ratings.
21.17 	(c) In order to be eligible for certification, the assuming insurer must:
21.18 	(1) be domiciled and licensed to transact insurance or reinsurance in a qualified 
21.19 	jurisdiction, as determined by the commissioner under subdivision 3;
21.20 	(2) maintain capital and surplus, or its equivalent, of no less than $250,000,000 calculated 
21.21 	in accordance with paragraph (d), clause (8). This requirement may also be satisfied by an 
21.22 	association including incorporated and individual unincorporated underwriters having 
21.23 	minimum capital and surplus equivalents net of liabilities of at least $250,000,000 and a 
21.24 	central fund containing a balance of at least $250,000,000;
21.25 	(3) maintain financial strength ratings from two or more rating agencies acceptable to 
21.26 	the commissioner. These ratings shall be based on interactive communication between the 
21.27 	rating agency and the assuming insurer and shall not be based solely on publicly available 
21.28 	information. These financial strength ratings shall be one factor used by the commissioner 
21.29 	in determining the rating that is assigned to the assuming insurer. Acceptable rating agencies 
21.30 	include the following:
21.31 	(i) Standard & Poor's;
21.32 	(ii) Moody's Investors Service;
22.1 	(iii) Fitch Ratings;
22.2 	(iv) A.M. Best Company; or
22.3 	(v) any other nationally recognized statistical rating organization; and
22.4 	(4) ensure that the certified reinsurer complies with any other requirements reasonably 
22.5 	imposed by the commissioner.
22.6 	(d) Each certified reinsurer shall be rated on a legal entity basis, with due consideration 
22.7 	being given to the group rating where appropriate, except that an association including 
22.8 	incorporated and individual unincorporated underwriters that has been approved to do 
22.9 	business as a single certified reinsurer may be evaluated on the basis of its group rating. 
22.10 	Factors that may be considered as part of the evaluation process include, but are not limited 
22.11 	to:
22.12 	(1) certified reinsurer's financial strength rating from an acceptable rating agency. The 
22.13 	maximum rating that a certified reinsurer may be assigned will correspond to its financial 
22.14 	strength rating as outlined in the table below. The commissioner shall use the lowest financial 
22.15 	strength rating received from an approved rating agency in establishing the maximum rating 
22.16 	of a certified reinsurer. A failure to obtain or maintain at least two financial strength ratings 
22.17 	from acceptable rating agencies will result in loss of eligibility for certification;

22.18	Ratings
	Best
	S&P
	Moody's
	Fitch
	
22.19	Secure - 1
	A++
	AAA
	Aaa
	AAA
	
22.20	Secure - 2
	A+
	AA+, AA, AA-
	Aa1, Aa2, Aa3
	AA+, AA, AA-
	
22.21	Secure - 3
	A
	A+, A
	A1, A2
	A+, A
	
22.22	Secure - 4
	A-
	A-
	A3
	A-
	
22.2322.24	Secure - 5
	B++, B-
	BBB+, BBB, 
BBB-
	Baa1, Baa2, Baa3
	BBB+, BBB, 
BBB-
	
22.2522.2622.27	Vulnerable - 6
	B, B-C++, C+, C, 
C-, D, E, F
	BB+, BB, BB-, 
B+, B, B-, CCC, 
CC, C, D, R
	Ba1, Ba2, Ba3, 
B1, B2, B3, Caa, 
Ca, C
	BB+, BB, BB-, 
B+, B, B-, CCC+, 
CC, CCC-, DD
	
22.28 	(2) the business practices of the certified reinsurer in dealing with its ceding insurers, 
22.29 	including its record of compliance with reinsurance contractual terms and obligations;
22.30 	(3) for certified reinsurers domiciled in the United States, a review of the most recent 
22.31 	applicable NAIC annual statement;
22.32 	(4) for certified reinsurers not domiciled in the United States, a review annually of such 
22.33 	forms as may be required by the commissioner;
23.1 	(5) the reputation of the certified reinsurer for prompt payment of claims under 
23.2 	reinsurance agreements, based on an analysis of ceding insurers' reporting of overdue 
23.3 	reinsurance recoverables, including the proportion of obligations that are more than 90 days 
23.4 	past due or are in dispute, with specific attention given to obligations payable to companies 
23.5 	that are in administrative supervision or receivership;
23.6 	(6) regulatory actions against the certified reinsurer;
23.7 	(7) the report of the independent auditor on the financial statements of the insurance 
23.8 	enterprise, on the basis described in clause (8);
23.9 	(8) for certified reinsurers not domiciled in the United States, audited financial statements 
23.10 	(audited United States GAAP basis if available, audited IFRS basis statements are allowed, 
23.11 	but must include an audited footnote reconciling equity and net income to a United States 
23.12 	GAAP basis, or, with permission of the commissioner, audited IFRS statements with 
23.13 	reconciliation to United States GAAP certified by an officer of the company). Upon the 
23.14 	initial application for certification, the commissioner will consider audited financial 
23.15 	statements for the last three two years filed with its non-United States jurisdiction supervisor;
23.16 	(9) the liquidation priority of obligations to a ceding insurer in the certified reinsurer's 
23.17 	domiciliary jurisdiction in the context of an insolvency proceeding;
23.18 	(10) a certified reinsurer's participation in any solvent scheme of arrangement, or similar 
23.19 	procedure, which involves United States ceding insurers. The commissioner must receive 
23.20 	prior notice from a certified reinsurer that proposes participation by the certified reinsurer 
23.21 	in a solvent scheme of arrangement; and
23.22 	(11) other information as determined by the commissioner.
23.23 	(e) Based on the analysis conducted under paragraph (d), clause (5), of a certified 
23.24 	reinsurer's reputation for prompt payment of claims, the commissioner may make appropriate 
23.25 	adjustments in the security the certified reinsurer is required to post to protect its liabilities 
23.26 	to United States ceding insurers, provided that the commissioner shall, at a minimum, 
23.27 	increase the security the certified reinsurer is required to post by one rating level under 
23.28 	paragraph (d), clause (1), if the commissioner finds that:
23.29 	(1) more than 15 percent of the certified reinsurer's ceding insurance clients have overdue 
23.30 	reinsurance recoverables on paid losses of 90 days or more which are not in dispute and 
23.31 	which exceed $100,000 for each cedent; or
23.32 	(2) the aggregate amount of reinsurance recoverables on paid losses which are not in 
23.33 	dispute that are overdue by 90 days or more exceeds $50,000,000.
24.1 	(f) The assuming insurer must submit such forms as required by the commissioner as 
24.2 	evidence of its submission to the jurisdiction of this state, appoint the commissioner as an 
24.3 	agent for service of process in this state, and agree to provide security for 100 percent of 
24.4 	the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding 
24.5 	insurers if it resists enforcement of a final United States judgment. The commissioner shall 
24.6 	not certify an assuming insurer that is domiciled in a jurisdiction that the commissioner has 
24.7 	determined does not adequately and promptly enforce final United States judgments or 
24.8 	arbitration awards.
24.9 	(g) The certified reinsurer must agree to meet filing requirements as determined by the 
24.10 	commissioner, both with respect to an initial application for certification and on an ongoing 
24.11 	basis. All data submitted by certified reinsurers to the commissioner is nonpublic under 
24.12 	section 13.02, subdivision 9. The certified reinsurer must file with the commissioner:
24.13 	(1) a notification within ten days of any regulatory actions taken against the certified 
24.14 	reinsurer, any change in the provisions of its domiciliary license, or any change in rating 
24.15 	by an approved rating agency, including a statement describing such changes and the reasons 
24.16 	therefore;
24.17 	(2) an annual report regarding reinsurance assumed, in a form determined by the 
24.18 	commissioner;
24.19 	(3) an annual report of the independent auditor on the financial statements of the insurance 
24.20 	enterprise, on the basis described in clause (4);
24.21 	(4) an annual audited financial statement, regulatory filings, and actuarial opinion filed 
24.22 	with the certified reinsurer's supervisor. Upon the initial certification, audited financial 
24.23 	statements for the last three two years filed with the certified reinsurer's supervisor;
24.24 	(5) at least annually, an updated list of all disputed and overdue reinsurance claims 
24.25 	regarding reinsurance assumed from United States domestic ceding insurers;
24.26 	(6) a certification from the certified reinsurer's domestic regulator that the certified 
24.27 	reinsurer is in good standing and maintains capital in excess of the jurisdiction's highest 
24.28 	regulatory action level; and
24.29 	(7) any other relevant information as determined by the commissioner.

24.30 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to reinsurance 
24.31 	contracts entered into or renewed on or after that date.

25.1 	Sec. 4. Minnesota Statutes 2020, section 60A.71, subdivision 7, is amended to read:
25.2 		Subd. 7.Duration; fees. (a) Each applicant for a reinsurance intermediary license shall 
25.3 	pay to the commissioner a fee of $200 for an initial two-year license and a fee of $150 for 
25.4 	each renewal. Applications shall be submitted on forms prescribed by the commissioner.
25.5 	(b) Initial licenses issued under this chapter are valid for a period not to exceed 24 months 
25.6 	and expire on October 31 of the renewal year assigned by the commissioner. Each renewal 
25.7 	reinsurance intermediary license is valid for a period of 24 months. Licensees who submit 
25.8 	renewal applications postmarked or delivered on or before October 15 of the renewal year 
25.9 	may continue to transact business whether or not the renewal license has been received by 
25.10 	November 1. Licensees who submit applications postmarked or delivered after October 15 
25.11 	of the renewal year must not transact business after the expiration date of the license until 
25.12 	the renewal license has been received.
25.13 	(c) All fees are nonreturnable, except that an overpayment of any fee may be refunded 
25.14 	upon proper application.

25.15 	Sec. 5. [60A.985] DEFINITIONS.
25.16 		Subdivision 1.Terms. As used in sections 60A.985 to 60A.9857, the following terms 
25.17 	have the meanings given.
25.18 		Subd. 2.Authorized individual. "Authorized individual" means an individual known 
25.19 	to and screened by the licensee and determined to be necessary and appropriate to have 
25.20 	access to the nonpublic information held by the licensee and its information systems.
25.21 		Subd. 3.Consumer. "Consumer" means an individual, including but not limited to an 
25.22 	applicant, policyholder, insured, beneficiary, claimant, and certificate holder who is a resident 
25.23 	of this state and whose nonpublic information is in a licensee's possession, custody, or 
25.24 	control.
25.25 		Subd. 4.Cybersecurity event. "Cybersecurity event" means an event resulting in 
25.26 	unauthorized access to, or disruption or misuse of, an information system or nonpublic 
25.27 	information stored on an information system.
25.28 	Cybersecurity event does not include the unauthorized acquisition of encrypted nonpublic 
25.29 	information if the encryption, process, or key is not also acquired, released, or used without 
25.30 	authorization.
26.1 	Cybersecurity event does not include an event with regard to which the licensee has 
26.2 	determined that the nonpublic information accessed by an unauthorized person has not been 
26.3 	used or released and has been returned or destroyed.
26.4 		Subd. 5.Encrypted. "Encrypted" means the transformation of data into a form which 
26.5 	results in a low probability of assigning meaning without the use of a protective process or 
26.6 	key.
26.7 		Subd. 6.Information security program. "Information security program" means the 
26.8 	administrative, technical, and physical safeguards that a licensee uses to access, collect, 
26.9 	distribute, process, protect, store, use, transmit, dispose of, or otherwise handle nonpublic 
26.10 	information.
26.11 		Subd. 7.Information system. "Information system" means a discrete set of electronic 
26.12 	information resources organized for the collection, processing, maintenance, use, sharing, 
26.13 	dissemination, or disposition of nonpublic electronic information, as well as any specialized 
26.14 	system such as industrial or process controls systems, telephone switching and private 
26.15 	branch exchange systems, and environmental control systems.
26.16 		Subd. 8.Licensee. "Licensee" means any person licensed, authorized to operate, or 
26.17 	registered, or required to be licensed, authorized, or registered by the Department of 
26.18 	Commerce or the Department of Health under chapters 59A to 62M, 62Q to 62V, and 64B 
26.19 	to 79A.
26.20 		Subd. 9.Multifactor authentication. "Multifactor authentication" means authentication 
26.21 	through verification of at least two of the following types of authentication factors:
26.22 	(1) knowledge factors, such as a password;
26.23 	(2) possession factors, such as a token or text message on a mobile phone; or
26.24 	(3) inherence factors, such as a biometric characteristic.
26.25 		Subd. 10.Nonpublic information. "Nonpublic information" means electronic information 
26.26 	that is not publicly available information and is:
26.27 	(1) any information concerning a consumer which because of name, number, personal 
26.28 	mark, or other identifier can be used to identify the consumer, in combination with any one 
26.29 	or more of the following data elements:
26.30 	(i) Social Security number;
26.31 	(ii) driver's license number or nondriver identification card number;
26.32 	(iii) financial account number, credit card number, or debit card number;
27.1 	(iv) any security code, access code, or password that would permit access to a consumer's 
27.2 	financial account; or
27.3 	(v) biometric records; or
27.4 	(2) any information or data, except age or gender, in any form or medium created by or 
27.5 	derived from a health care provider or a consumer that can be used to identify a particular 
27.6 	consumer and that relates to:
27.7 	(i) the past, present, or future physical, mental, or behavioral health or condition of any 
27.8 	consumer or a member of the consumer's family;
27.9 	(ii) the provision of health care to any consumer; or
27.10 	(iii) payment for the provision of health care to any consumer.
27.11 		Subd. 11.Person. "Person" means any individual or any nongovernmental entity, 
27.12 	including but not limited to any nongovernmental partnership, corporation, branch, agency, 
27.13 	or association.
27.14 		Subd. 12.Publicly available information. "Publicly available information" means any 
27.15 	information that a licensee has a reasonable basis to believe is lawfully made available to 
27.16 	the general public from: federal, state, or local government records; widely distributed 
27.17 	media; or disclosures to the general public that are required to be made by federal, state, or 
27.18 	local law.
27.19 	For the purposes of this definition, a licensee has a reasonable basis to believe that 
27.20 	information is lawfully made available to the general public if the licensee has taken steps 
27.21 	to determine:
27.22 	(1) that the information is of the type that is available to the general public; and
27.23 	(2) whether a consumer can direct that the information not be made available to the 
27.24 	general public and, if so, that such consumer has not done so.
27.25 		Subd. 13.Risk assessment. "Risk assessment" means the risk assessment that each 
27.26 	licensee is required to conduct under section 60A.9853, subdivision 3.
27.27 		Subd. 14.State. "State" means the state of Minnesota.
27.28 		Subd. 15.Third-party service provider. "Third-party service provider" means a person, 
27.29 	not otherwise defined as a licensee, that contracts with a licensee to maintain, process, or 
27.30 	store nonpublic information, or is otherwise permitted access to nonpublic information 
27.31 	through its provision of services to the licensee.

28.1 	EFFECTIVE DATE. This section is effective August 1, 2021.

28.2 	Sec. 6. [60A.9851] INFORMATION SECURITY PROGRAM.
28.3 		Subdivision 1.Implementation of an information security program. Commensurate 
28.4 	with the size and complexity of the licensee, the nature and scope of the licensee's activities, 
28.5 	including its use of third-party service providers, and the sensitivity of the nonpublic 
28.6 	information used by the licensee or in the licensee's possession, custody, or control, each 
28.7 	licensee shall develop, implement, and maintain a comprehensive written information 
28.8 	security program based on the licensee's risk assessment and that contains administrative, 
28.9 	technical, and physical safeguards for the protection of nonpublic information and the 
28.10 	licensee's information system.
28.11 		Subd. 2.Objectives of an information security program. A licensee's information 
28.12 	security program shall be designed to:
28.13 	(1) protect the security and confidentiality of nonpublic information and the security of 
28.14 	the information system;
28.15 	(2) protect against any threats or hazards to the security or integrity of nonpublic 
28.16 	information and the information system;
28.17 	(3) protect against unauthorized access to, or use of, nonpublic information, and minimize 
28.18 	the likelihood of harm to any consumer; and
28.19 	(4) define and periodically reevaluate a schedule for retention of nonpublic information 
28.20 	and a mechanism for its destruction when no longer needed.
28.21 		Subd. 3.Risk assessment. The licensee shall:
28.22 	(1) designate one or more employees, an affiliate, or an outside vendor authorized to act 
28.23 	on behalf of the licensee who is responsible for the information security program;
28.24 	(2) identify reasonably foreseeable internal or external threats that could result in 
28.25 	unauthorized access, transmission, disclosure, misuse, alteration, or destruction of nonpublic 
28.26 	information, including threats to the security of information systems and nonpublic 
28.27 	information that are accessible to, or held by, third-party service providers;
28.28 	(3) assess the likelihood and potential damage of the threats identified pursuant to clause 
28.29 	(2), taking into consideration the sensitivity of the nonpublic information;
28.30 	(4) assess the sufficiency of policies, procedures, information systems, and other 
28.31 	safeguards in place to manage these threats, including consideration of threats in each 
28.32 	relevant area of the licensee's operations, including:
29.1 	(i) employee training and management;
29.2 	(ii) information systems, including network and software design, as well as information 
29.3 	classification, governance, processing, storage, transmission, and disposal; and
29.4 	(iii) detecting, preventing, and responding to attacks, intrusions, or other systems failures; 
29.5 	and
29.6 	(5) implement information safeguards to manage the threats identified in its ongoing 
29.7 	assessment, and no less than annually, assess the effectiveness of the safeguards' key controls, 
29.8 	systems, and procedures.
29.9 		Subd. 4.Risk management. Based on its risk assessment, the licensee shall:
29.10 	(1) design its information security program to mitigate the identified risks, commensurate 
29.11 	with the size and complexity of the licensee, the nature and scope of the licensee's activities, 
29.12 	including its use of third-party service providers, and the sensitivity of the nonpublic 
29.13 	information used by the licensee or in the licensee's possession, custody, or control;
29.14 	(2) determine which of the following security measures are appropriate and implement 
29.15 	any appropriate security measures:
29.16 	(i) place access controls on information systems, including controls to authenticate and 
29.17 	permit access only to authorized individuals, to protect against the unauthorized acquisition 
29.18 	of nonpublic information;
29.19 	(ii) identify and manage the data, personnel, devices, systems, and facilities that enable 
29.20 	the organization to achieve business purposes in accordance with their relative importance 
29.21 	to business objectives and the organization's risk strategy;
29.22 	(iii) restrict physical access to nonpublic information to authorized individuals only;
29.23 	(iv) protect, by encryption or other appropriate means, all nonpublic information while 
29.24 	being transmitted over an external network and all nonpublic information stored on a laptop 
29.25 	computer or other portable computing or storage device or media;
29.26 	(v) adopt secure development practices for in-house developed applications utilized by 
29.27 	the licensee;
29.28 	(vi) modify the information system in accordance with the licensee's information security 
29.29 	program;
29.30 	(vii) utilize effective controls, which may include multifactor authentication procedures 
29.31 	for any authorized individual accessing nonpublic information;
30.1 	(viii) regularly test and monitor systems and procedures to detect actual and attempted 
30.2 	attacks on, or intrusions into, information systems;
30.3 	(ix) include audit trails within the information security program designed to detect and 
30.4 	respond to cybersecurity events and designed to reconstruct material financial transactions 
30.5 	sufficient to support normal operations and obligations of the licensee;
30.6 	(x) implement measures to protect against destruction, loss, or damage of nonpublic 
30.7 	information due to environmental hazards, such as fire and water damage, other catastrophes, 
30.8 	or technological failures; and
30.9 	(xi) develop, implement, and maintain procedures for the secure disposal of nonpublic 
30.10 	information in any format;
30.11 	(3) include cybersecurity risks in the licensee's enterprise risk management process;
30.12 	(4) stay informed regarding emerging threats or vulnerabilities and utilize reasonable 
30.13 	security measures when sharing information relative to the character of the sharing and the 
30.14 	type of information shared; and
30.15 	(5) provide its personnel with cybersecurity awareness training that is updated as 
30.16 	necessary to reflect risks identified by the licensee in the risk assessment.
30.17 		Subd. 5.Oversight by board of directors. If the licensee has a board of directors, the 
30.18 	board or an appropriate committee of the board shall, at a minimum:
30.19 	(1) require the licensee's executive management or its delegates to develop, implement, 
30.20 	and maintain the licensee's information security program;
30.21 	(2) require the licensee's executive management or its delegates to report in writing, at 
30.22 	least annually, the following information:
30.23 	(i) the overall status of the information security program and the licensee's compliance 
30.24 	with this act; and
30.25 	(ii) material matters related to the information security program, addressing issues such 
30.26 	as risk assessment, risk management and control decisions, third-party service provider 
30.27 	arrangements, results of testing, cybersecurity events or violations and management's 
30.28 	responses thereto, and recommendations for changes in the information security program; 
30.29 	and
30.30 	(3) if executive management delegates any of its responsibilities under this section, it 
30.31 	shall oversee the development, implementation, and maintenance of the licensee's information 
31.1 	security program prepared by the delegate and shall receive a report from the delegate 
31.2 	complying with the requirements of the report to the board of directors.
31.3 		Subd. 6.Oversight of third-party service provider arrangements. (a) A licensee shall 
31.4 	exercise due diligence in selecting its third-party service provider.
31.5 	(b) A licensee shall require a third-party service provider to implement appropriate 
31.6 	administrative, technical, and physical measures to protect and secure the information 
31.7 	systems and nonpublic information that are accessible to, or held by, the third-party service 
31.8 	provider.
31.9 		Subd. 7.Program adjustments. The licensee shall monitor, evaluate, and adjust, as 
31.10 	appropriate, the information security program consistent with any relevant changes in 
31.11 	technology, the sensitivity of its nonpublic information, internal or external threats to 
31.12 	information, and the licensee's own changing business arrangements, such as mergers and 
31.13 	acquisitions, alliances and joint ventures, outsourcing arrangements, and changes to 
31.14 	information systems.
31.15 		Subd. 8.Incident response plan. (a) As part of its information security program, each 
31.16 	licensee shall establish a written incident response plan designed to promptly respond to, 
31.17 	and recover from, any cybersecurity event that compromises the confidentiality, integrity, 
31.18 	or availability of nonpublic information in its possession, the licensee's information systems, 
31.19 	or the continuing functionality of any aspect of the licensee's business or operations.
31.20 	(b) The incident response plan shall address the following areas:
31.21 	(1) the internal process for responding to a cybersecurity event;
31.22 	(2) the goals of the incident response plan;
31.23 	(3) the definition of clear roles, responsibilities, and levels of decision-making authority;
31.24 	(4) external and internal communications and information sharing;
31.25 	(5) identification of requirements for the remediation of any identified weaknesses in 
31.26 	information systems and associated controls;
31.27 	(6) documentation and reporting regarding cybersecurity events and related incident 
31.28 	response activities; and
31.29 	(7) the evaluation and revision, as necessary, of the incident response plan following a 
31.30 	cybersecurity event.
31.31 		Subd. 9.Annual certification to commissioner. (a) Subject to paragraph (b), by April 
31.32 	15 of each year, an insurer domiciled in this state shall certify in writing to the commissioner 
32.1 	that the insurer is in compliance with the requirements set forth in this section. Each insurer 
32.2 	shall maintain all records, schedules, and data supporting this certificate for a period of five 
32.3 	years and shall permit examination by the commissioner. To the extent an insurer has 
32.4 	identified areas, systems, or processes that require material improvement, updating, or 
32.5 	redesign, the insurer shall document the identification and the remedial efforts planned and 
32.6 	underway to address such areas, systems, or processes. Such documentation must be available 
32.7 	for inspection by the commissioner.
32.8 	(b) The commissioner must post on the department's website, no later than 60 days prior 
32.9 	to the certification required by paragraph (a), the form and manner of submission required 
32.10 	and any instructions necessary to prepare the certification.

32.11 	EFFECTIVE DATE. This section is effective August 1, 2021. Licensees have one year 
32.12 	from the effective date to implement subdivisions 1 to 5 and 7 to 9, and two years from the 
32.13 	effective date to implement subdivision 6.

32.14 	Sec. 7. [60A.9852] INVESTIGATION OF A CYBERSECURITY EVENT.
32.15 		Subdivision 1.Prompt investigation. If the licensee learns that a cybersecurity event 
32.16 	has or may have occurred, the licensee, or an outside vendor or service provider designated 
32.17 	to act on behalf of the licensee, shall conduct a prompt investigation.
32.18 		Subd. 2.Investigation contents. During the investigation, the licensee, or an outside 
32.19 	vendor or service provider designated to act on behalf of the licensee, shall, at a minimum 
32.20 	and to the extent possible:
32.21 	(1) determine whether a cybersecurity event has occurred;
32.22 	(2) assess the nature and scope of the cybersecurity event, if any;
32.23 	(3) identify whether any nonpublic information was involved in the cybersecurity event 
32.24 	and, if so, what nonpublic information was involved; and
32.25 	(4) perform or oversee reasonable measures to restore the security of the information 
32.26 	systems compromised in the cybersecurity event in order to prevent further unauthorized 
32.27 	acquisition, release, or use of nonpublic information in the licensee's possession, custody, 
32.28 	or control.
32.29 		Subd. 3.Third-party systems. If the licensee learns that a cybersecurity event has or 
32.30 	may have occurred in a system maintained by a third-party service provider, the licensee 
32.31 	will complete the steps listed in subdivision 2 or confirm and document that the third-party 
32.32 	service provider has completed those steps.
33.1 		Subd. 4.Records. The licensee shall maintain records concerning all cybersecurity 
33.2 	events for a period of at least five years from the date of the cybersecurity event and shall 
33.3 	produce those records upon demand of the commissioner.

33.4 	EFFECTIVE DATE. This section is effective August 1, 2021.

33.5 	Sec. 8. [60A.9853] NOTIFICATION OF A CYBERSECURITY EVENT.
33.6 		Subdivision 1.Notification to the commissioner. Each licensee shall notify the 
33.7 	commissioner of commerce or commissioner of health, whichever commissioner otherwise 
33.8 	regulates the licensee, without unreasonable delay but in no event later than five business 
33.9 	days from a determination that a cybersecurity event has occurred when either of the 
33.10 	following criteria has been met:
33.11 	(1) this state is the licensee's state of domicile, in the case of an insurer, or this state is 
33.12 	the licensee's home state, in the case of a producer, as those terms are defined in chapter 
33.13 	60K and the cybersecurity event has a reasonable likelihood of materially harming:
33.14 	(i) any consumer residing in this state; or
33.15 	(ii) any part of the normal operations of the licensee; or
33.16 	(2) the licensee reasonably believes that the nonpublic information involved is of 250 
33.17 	or more consumers residing in this state and that is either of the following:
33.18 	(i) a cybersecurity event impacting the licensee of which notice is required to be provided 
33.19 	to any government body, self-regulatory agency, or any other supervisory body pursuant 
33.20 	to any state or federal law; or
33.21 	(ii) a cybersecurity event that has a reasonable likelihood of materially harming:
33.22 	(A) any consumer residing in this state; or
33.23 	(B) any part of the normal operations of the licensee.
33.24 		Subd. 2.Information; notification.  A licensee making the notification required under 
33.25 	subdivision 1 shall provide the information in electronic form as directed by the 
33.26 	commissioner. The licensee shall have a continuing obligation to update and supplement 
33.27 	initial and subsequent notifications to the commissioner concerning material changes to 
33.28 	previously provided information relating to the cybersecurity event. The licensee shall 
33.29 	provide as much of the following information as possible:
33.30 	(1) date of the cybersecurity event;
34.1 	(2) description of how the information was exposed, lost, stolen, or breached, including 
34.2 	the specific roles and responsibilities of third-party service providers, if any;
34.3 	(3) how the cybersecurity event was discovered;
34.4 	(4) whether any lost, stolen, or breached information has been recovered and, if so, how 
34.5 	this was done;
34.6 	(5) the identity of the source of the cybersecurity event;
34.7 	(6) whether the licensee has filed a police report or has notified any regulatory, 
34.8 	government, or law enforcement agencies and, if so, when such notification was provided;
34.9 	(7) description of the specific types of information acquired without authorization. 
34.10 	Specific types of information means particular data elements including, for example, types 
34.11 	of medical information, types of financial information, or types of information allowing 
34.12 	identification of the consumer;
34.13 	(8) the period during which the information system was compromised by the cybersecurity 
34.14 	event;
34.15 	(9) the number of total consumers in this state affected by the cybersecurity event. The 
34.16 	licensee shall provide the best estimate in the initial report to the commissioner and update 
34.17 	this estimate with each subsequent report to the commissioner pursuant to this section;
34.18 	(10) the results of any internal review identifying a lapse in either automated controls 
34.19 	or internal procedures, or confirming that all automated controls or internal procedures were 
34.20 	followed;
34.21 	(11) description of efforts being undertaken to remediate the situation which permitted 
34.22 	the cybersecurity event to occur;
34.23 	(12) a copy of the licensee's privacy policy and a statement outlining the steps the licensee 
34.24 	will take to investigate and notify consumers affected by the cybersecurity event; and
34.25 	(13) name of a contact person who is familiar with the cybersecurity event and authorized 
34.26 	to act for the licensee.
34.27 		Subd. 3.Notification to consumers. (a) If a licensee is required to submit a report to 
34.28 	the commissioner under subdivision 1, the licensee shall notify any consumer residing in 
34.29 	Minnesota if, as a result of the cybersecurity event reported to the commissioner, the 
34.30 	consumer's nonpublic information was or is reasonably believed to have been acquired by 
34.31 	an unauthorized person, and there is a reasonable likelihood of material harm to the consumer 
34.32 	as a result of the cybersecurity event. Consumer notification is not required for a 
35.1 	cybersecurity event resulting from the good faith acquisition of nonpublic information by 
35.2 	an employee or agent of the licensee for the purposes of the licensee's business, provided 
35.3 	the nonpublic information is not used for a purpose other than the licensee's business or 
35.4 	subject to further unauthorized disclosure. The notification must be made in the most 
35.5 	expedient time possible and without unreasonable delay, consistent with the legitimate needs 
35.6 	of law enforcement or with any measures necessary to determine the scope of the breach, 
35.7 	identify the individuals affected, and restore the reasonable integrity of the data system. 
35.8 	The notification may be delayed to a date certain if the commissioner determines that 
35.9 	providing the notice impedes a criminal investigation. The licensee shall provide a copy of 
35.10 	the notice to the commissioner.
35.11 	(b) For purposes of this subdivision, notice required under paragraph (a) must be provided 
35.12 	by one of the following methods:
35.13 	(1) written notice to the consumer's most recent address in the licensee's records;
35.14 	(2) electronic notice, if the licensee's primary method of communication with the 
35.15 	consumer is by electronic means or if the notice provided is consistent with the provisions 
35.16 	regarding electronic records and signatures in United States Code, title 15, section 7001; 
35.17 	or
35.18 	(3) if the cost of providing notice exceeds $250,000, the affected class of consumers to 
35.19 	be notified exceeds 500,000, or the licensee does not have sufficient contact information 
35.20 	for the subject consumers, notice as follows:
35.21 	(i) e-mail notice when the licensee has an e-mail address for the subject consumers;
35.22 	(ii) conspicuous posting of the notice on the website page of the licensee; and
35.23 	(iii) notification to major statewide media.
35.24 	(c) Notwithstanding paragraph (b), a licensee that maintains its own notification procedure 
35.25 	as part of its information security program that is consistent with the timing requirements 
35.26 	of this subdivision is deemed to comply with the notification requirements if the licensee 
35.27 	notifies subject consumers in accordance with its program.
35.28 	(d) A waiver of the requirements under this subdivision is contrary to public policy, and 
35.29 	is void and unenforceable.
35.30 		Subd. 4.Notice regarding cybersecurity events of third-party service providers. (a) 
35.31 	In the case of a cybersecurity event in a system maintained by a third-party service provider, 
35.32 	of which the licensee has become aware, the licensee shall treat such event as it would under 
36.1 	subdivision 1 unless the third-party service provider provides the notice required under 
36.2 	subdivision 1.
36.3 	(b) The computation of a licensee's deadlines shall begin on the day after the third-party 
36.4 	service provider notifies the licensee of the cybersecurity event or the licensee otherwise 
36.5 	has actual knowledge of the cybersecurity event, whichever is sooner.
36.6 	(c) Nothing in this act shall prevent or abrogate an agreement between a licensee and 
36.7 	another licensee, a third-party service provider, or any other party to fulfill any of the 
36.8 	investigation requirements imposed under section 60A.9854 or notice requirements imposed 
36.9 	under this section.
36.10 		Subd. 5.Notice regarding cybersecurity events of reinsurers to insurers. (a) In the 
36.11 	case of a cybersecurity event involving nonpublic information that is used by the licensee 
36.12 	that is acting as an assuming insurer or in the possession, custody, or control of a licensee 
36.13 	that is acting as an assuming insurer and that does not have a direct contractual relationship 
36.14 	with the affected consumers, the assuming insurer shall notify its affected ceding insurers 
36.15 	and the commissioner of its state of domicile within three business days of making the 
36.16 	determination that a cybersecurity event has occurred.
36.17 	(b) The ceding insurers that have a direct contractual relationship with affected consumers 
36.18 	shall fulfill the consumer notification requirements imposed under subdivision 3 and any 
36.19 	other notification requirements relating to a cybersecurity event imposed under this section.
36.20 	(c) In the case of a cybersecurity event involving nonpublic information that is in the 
36.21 	possession, custody, or control of a third-party service provider of a licensee that is an 
36.22 	assuming insurer, the assuming insurer shall notify its affected ceding insurers and the 
36.23 	commissioner of its state of domicile within three business days of receiving notice from 
36.24 	its third-party service provider that a cybersecurity event has occurred.
36.25 	(d) The ceding insurers that have a direct contractual relationship with affected consumers 
36.26 	shall fulfill the consumer notification requirements imposed under subdivision 3 and any 
36.27 	other notification requirements relating to a cybersecurity event imposed under this section.
36.28 	(e) Any licensee acting as an assuming insurer shall have no other notice obligations 
36.29 	relating to a cybersecurity event or other data breach under this section.
36.30 		Subd. 6.Notice regarding cybersecurity events of insurers to producers of record. (a) 
36.31 	In the case of a cybersecurity event involving nonpublic information that is in the possession, 
36.32 	custody, or control of a licensee that is an insurer or its third-party service provider and for 
36.33 	which a consumer accessed the insurer's services through an independent insurance producer, 
37.1 	the insurer shall notify the producers of record of all affected consumers no later than the 
37.2 	time at which notice is provided to the affected consumers.
37.3 	(b) The insurer is excused from this obligation for those instances in which it does not 
37.4 	have the current producer of record information for any individual consumer or in those 
37.5 	instances in which the producer of record is no longer appointed to sell, solicit, or negotiate 
37.6 	on behalf of the insurer.

37.7 	EFFECTIVE DATE. This section is effective August 1, 2021.

37.8 	Sec. 9. [60A.9854] POWER OF COMMISSIONER.
37.9 	(a) The commissioner of commerce or commissioner of health, whichever commissioner 
37.10 	otherwise regulates the licensee, shall have power to examine and investigate into the affairs 
37.11 	of any licensee to determine whether the licensee has been or is engaged in any conduct in 
37.12 	violation of sections 60A.985 to 60A.9857. This power is in addition to the powers which 
37.13 	the commissioner has under section 60A.031. Any such investigation or examination shall 
37.14 	be conducted pursuant to section 60A.031.
37.15 	(b) Whenever the commissioner of commerce or commissioner of health has reason to 
37.16 	believe that a licensee has been or is engaged in conduct in this state which violates sections 
37.17 	60A.985 to 60A.9857, the commissioner of commerce or commissioner of health may take 
37.18 	action that is necessary or appropriate to enforce those sections.

37.19 	EFFECTIVE DATE. This section is effective August 1, 2021.

37.20 	Sec. 10. [60A.9855] CONFIDENTIALITY.
37.21 		Subdivision 1.Licensee information. Any documents, materials, or other information 
37.22 	in the control or possession of the department that are furnished by a licensee or an employee 
37.23 	or agent thereof acting on behalf of a licensee pursuant to section 60A.9851, subdivision 
37.24 	9; section 60A.9853, subdivision 2, clauses (2), (3), (4), (5), (8), (10), and (11); or that are 
37.25 	obtained by the commissioner in an investigation or examination pursuant to section 
37.26 	60A.9854 shall be classified as confidential, protected nonpublic, or both; shall not be 
37.27 	subject to subpoena; and shall not be subject to discovery or admissible in evidence in any 
37.28 	private civil action. However, the commissioner is authorized to use the documents, materials, 
37.29 	or other information in the furtherance of any regulatory or legal action brought as a part 
37.30 	of the commissioner's duties.
37.31 		Subd. 2.Certain testimony prohibited. Neither the commissioner nor any person who 
37.32 	received documents, materials, or other information while acting under the authority of the 
38.1 	commissioner shall be permitted or required to testify in any private civil action concerning 
38.2 	any confidential documents, materials, or information subject to subdivision 1.
38.3 		Subd. 3.Information sharing. In order to assist in the performance of the commissioner's 
38.4 	duties under this act, the commissioner:
38.5 	(1) may share documents, materials, or other information, including the confidential and 
38.6 	privileged documents, materials, or information subject to subdivision 1, with other state, 
38.7 	federal, and international regulatory agencies, with the National Association of Insurance 
38.8 	Commissioners, its affiliates or subsidiaries, and with state, federal, and international law 
38.9 	enforcement authorities, provided that the recipient agrees in writing to maintain the 
38.10 	confidentiality and privileged status of the document, material, or other information;
38.11 	(2) may receive documents, materials, or information, including otherwise confidential 
38.12 	and privileged documents, materials, or information, from the National Association of 
38.13 	Insurance Commissioners, its affiliates or subsidiaries, and from regulatory and law 
38.14 	enforcement officials of other foreign or domestic jurisdictions, and shall maintain as 
38.15 	confidential or privileged any document, material, or information received with notice or 
38.16 	the understanding that it is confidential or privileged under the laws of the jurisdiction that 
38.17 	is the source of the document, material, or information;
38.18 	(3) may share documents, materials, or other information subject to subdivision 1, with 
38.19 	a third-party consultant or vendor provided the consultant agrees in writing to maintain the 
38.20 	confidentiality and privileged status of the document, material, or other information; and
38.21 	(4) may enter into agreements governing sharing and use of information consistent with 
38.22 	this subdivision.
38.23 		Subd. 4.No waiver of privilege or confidentiality. No waiver of any applicable privilege 
38.24 	or claim of confidentiality in the documents, materials, or information shall occur as a result 
38.25 	of disclosure to the commissioner under this section or as a result of sharing as authorized 
38.26 	in subdivision 3. Any document, material, or information disclosed to the commissioner 
38.27 	under this section about a cybersecurity event must be retained and preserved by the licensee 
38.28 	for five years.
38.29 		Subd. 5.Certain actions public. Nothing in sections 60A.985 to 60A.9857 shall prohibit 
38.30 	the commissioner from releasing final, adjudicated actions that are open to public inspection 
38.31 	pursuant to chapter 13 to a database or other clearinghouse service maintained by the National 
38.32 	Association of Insurance Commissioners, its affiliates, or subsidiaries.
39.1 		Subd. 6.Classification, protection, and use of information by others. Documents, 
39.2 	materials, or other information in the possession or control of the National Association of 
39.3 	Insurance Commissioners or a third-party consultant pursuant to sections 60A.985 to 
39.4 	60A.9857 are classified as confidential, protected nonpublic, and privileged; are not subject 
39.5 	to subpoena; and are not subject to discovery or admissible in evidence in a private civil 
39.6 	action.

39.7 	EFFECTIVE DATE. This section is effective August 1, 2021.

39.8 	Sec. 11. [60A.9856] EXCEPTIONS.
39.9 		Subdivision 1.Generally. The following exceptions shall apply to sections 60A.985 to 
39.10 	60A.9857:
39.11 	(1) a licensee with fewer than 25 employees is exempt from sections 60A.9851 and 
39.12 	60A.9852;
39.13 	(2) a licensee subject to and in compliance with the Health Insurance Portability and 
39.14 	Accountability Act, Public Law 104-191, 110 Stat. 1936 (HIPAA), is considered to comply 
39.15 	with sections 60A.9851, 60A.9852, and 60A.9853, subdivisions 3 to 5, provided the licensee 
39.16 	submits a written statement certifying its compliance with HIPAA;
39.17 	(3) a licensee affiliated with a depository institution that maintains an information security 
39.18 	program in compliance with the interagency guidelines establishing standards for 
39.19 	safeguarding customer information as set forth pursuant to United States Code, title 15, 
39.20 	sections 6801 and 6805, shall be considered to meet the requirements of section 60A.9851 
39.21 	provided that the licensee produce, upon request, documentation satisfactory to the 
39.22 	commission that independently validates the affiliated depository institution's adoption of 
39.23 	an information security program that satisfies the interagency guidelines;
39.24 	(4) an employee, agent, representative, or designee of a licensee, who is also a licensee, 
39.25 	is exempt from sections 60A.9851 and 60A.9852 and need not develop its own information 
39.26 	security program to the extent that the employee, agent, representative, or designee is covered 
39.27 	by the information security program of the other licensee; and
39.28 	(5) an employee, agent, representative, or designee of a producer licensee, as defined 
39.29 	under section 60K.31, subdivision 6, who is also a licensee, is exempt from sections 60A.985 
39.30 	to 60A.9857.
39.31 		Subd. 2.Exemption lapse; compliance. In the event that a licensee ceases to qualify 
39.32 	for an exception, such licensee shall have 180 days to comply with this act.

40.1 	EFFECTIVE DATE. This section is effective August 1, 2021.

40.2 	Sec. 12. [60A.9857] PENALTIES.
40.3 	In the case of a violation of sections 60A.985 to 60A.9856, a licensee may be penalized 
40.4 	in accordance with section 60A.052.

40.5 	EFFECTIVE DATE. This section is effective August 1, 2021.

40.6 	Sec. 13. [60A.9858] EXCLUSIVITY.
40.7 	Notwithstanding any other provision of law, sections 60A.985 to 60A.9857 establish 
40.8 	the exclusive state standards applicable to licensees for data security, the investigation of 
40.9 	a cybersecurity event, and notification of a cybersecurity event.

40.10 	EFFECTIVE DATE. This section is effective August 1, 2021.

40.11 	Sec. 14. Minnesota Statutes 2020, section 61A.245, subdivision 4, is amended to read:
40.12 		Subd. 4.Minimum values. The minimum values as specified in subdivisions 5, 6, 7, 8 
40.13 	and 10 of any paid-up annuity, cash surrender or death benefits available under an annuity 
40.14 	contract shall be based upon minimum nonforfeiture amounts as defined in this subdivision.
40.15 	(a) The minimum nonforfeiture amount at any time at or prior to the commencement of 
40.16 	any annuity payments shall be equal to an accumulation up to that time at rates of interest 
40.17 	as indicated in paragraph (b) of the net considerations, as defined in this subdivision, paid 
40.18 	prior to that time, decreased by the sum of clauses (1) through (4):
40.19 	(1) any prior withdrawals from or partial surrenders of the contract accumulated at rates 
40.20 	of interest as indicated in paragraph (b);
40.21 	(2) an annual contract charge of $50, accumulated at rates of interest as indicated in 
40.22 	paragraph (b);
40.23 	(3) any premium tax paid by the company for the contract and not subsequently credited 
40.24 	back to the company, such as upon early termination of the contract, in which case this 
40.25 	decrease must not be taken, accumulated at rates of interest as indicated in paragraph (b); 
40.26 	and
40.27 	(4) the amount of any indebtedness to the company on the contract, including interest 
40.28 	due and accrued.
41.1 	The net considerations for a given contract year used to define the minimum nonforfeiture 
41.2 	amount shall be an amount equal to 87.5 percent of the gross considerations credited to the 
41.3 	contract during that contract year.
41.4 	(b) The interest rate used in determining minimum nonforfeiture amounts must be an 
41.5 	annual rate of interest determined as the lesser of three percent per annum and the following, 
41.6 	which must be specified in the contract if the interest rate will be reset:
41.7 	(1) the five-year constant maturity treasury rate reported by the Federal Reserve as of a 
41.8 	date, or average over a period, rounded to the nearest 1/20 of one percent, specified in the 
41.9 	contract no longer than 15 months prior to the contract issue date or redetermination date 
41.10 	under clause (4);
41.11 	(2) reduced by 125 basis points;
41.12 	(3) where the resulting interest rate is not less than one 0.15 percent; and
41.13 	(4) the interest rate shall apply for an initial period and may be redetermined for additional 
41.14 	periods. The redetermination date, basis, and period, if any, shall be stated in the contract. 
41.15 	The basis is the date or average over a specified period that produces the value of the 
41.16 	five-year constant maturity treasury rate to be used at each redetermination date.
41.17 	(c) During the period or term that a contract provides substantive participation in an 
41.18 	equity indexed benefit, it may increase the reduction described in clause (2) by up to an 
41.19 	additional 100 basis points to reflect the value of the equity index benefit. The present value 
41.20 	at the contract issue date, and at each redetermination date thereafter, of the additional 
41.21 	reduction must not exceed the market value of the benefit. The commissioner may require 
41.22 	a demonstration that the present value of the additional reduction does not exceed the market 
41.23 	value of the benefit. Lacking such a demonstration that is acceptable to the commissioner, 
41.24 	the commissioner may disallow or limit the additional reduction.

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

41.26 	Sec. 15. Minnesota Statutes 2020, section 62J.23, subdivision 2, is amended to read:
41.27 		Subd. 2.Restrictions. (a) From July 1, 1992, until rules are adopted by the commissioner 
41.28 	under this section, the restrictions in the federal Medicare antikickback statutes in section 
41.29 	1128B(b) of the Social Security Act, United States Code, title 42, section 1320a-7b(b), and 
41.30 	rules adopted under the federal statutes, apply to all persons in the state, regardless of whether 
41.31 	the person participates in any state health care program.
42.1 	(b) Nothing in paragraph (a) shall be construed to prohibit an individual from receiving 
42.2 	a discount or other reduction in price or a limited-time free supply or samples of a prescription 
42.3 	drug, medical supply, or medical equipment offered by a pharmaceutical manufacturer, 
42.4 	medical supply or device manufacturer, health plan company, or pharmacy benefit manager, 
42.5 	so long as:
42.6 	(1) the discount or reduction in price is provided to the individual in connection with 
42.7 	the purchase of a prescription drug, medical supply, or medical equipment prescribed for 
42.8 	that individual;
42.9 	(2) it otherwise complies with the requirements of state and federal law applicable to 
42.10 	enrollees of state and federal public health care programs;
42.11 	(3) the discount or reduction in price does not exceed the amount paid directly by the 
42.12 	individual for the prescription drug, medical supply, or medical equipment; and
42.13 	(4) the limited-time free supply or samples are provided by a physician, advanced practice 
42.14 	registered nurse, or pharmacist, as provided by the federal Prescription Drug Marketing 
42.15 	Act.
42.16 	For purposes of this paragraph, "prescription drug" includes prescription drugs that are 
42.17 	administered through infusion, injection, or other parenteral methods, and related services 
42.18 	and supplies.
42.19 	(c) No benefit, reward, remuneration, or incentive for continued product use may be 
42.20 	provided to an individual or an individual's family by a pharmaceutical manufacturer, 
42.21 	medical supply or device manufacturer, or pharmacy benefit manager, except that this 
42.22 	prohibition does not apply to:
42.23 	(1) activities permitted under paragraph (b);
42.24 	(2) a pharmaceutical manufacturer, medical supply or device manufacturer, health plan 
42.25 	company, or pharmacy benefit manager providing to a patient, at a discount or reduced 
42.26 	price or free of charge, ancillary products necessary for treatment of the medical condition 
42.27 	for which the prescription drug, medical supply, or medical equipment was prescribed or 
42.28 	provided; and
42.29 	(3) a pharmaceutical manufacturer, medical supply or device manufacturer, health plan 
42.30 	company, or pharmacy benefit manager providing to a patient a trinket or memento of 
42.31 	insignificant value.
43.1 	(d) Nothing in this subdivision shall be construed to prohibit a health plan company 
43.2 	from offering a tiered formulary with different co-payment or cost-sharing amounts for 
43.3 	different drugs.

43.4 	Sec. 16. [62Q.472] SCREENING AND TESTING FOR OPIOIDS.
43.5 	(a) A health plan company shall not place a lifetime or annual limit on screenings and 
43.6 	urinalysis testing for opioids for an enrollee in an inpatient or outpatient substance use 
43.7 	disorder treatment program when the screening or testing is ordered by a health care provider 
43.8 	and performed by an accredited clinical laboratory. A health plan company is not prohibited 
43.9 	from conducting a medical necessity review when screenings or urinalysis testing for an 
43.10 	enrollee exceeds 24 tests in any 12-month period.
43.11 	(b) This section does not apply to managed care plans or county-based purchasing plans 
43.12 	when the plan provides coverage to public health care program enrollees under chapter 
43.13 	256B or 256L.

43.14 	EFFECTIVE DATE. This section is effective January 1, 2022, and applies to health 
43.15 	plans offered, issued, or renewed on or after that date.

43.16 	Sec. 17. Minnesota Statutes 2020, section 79.55, subdivision 10, is amended to read:
43.17 		Subd. 10.Duties of commissioner; report. The commissioner shall issue a report by 
43.18 	March 1 of each year, comparing the average rates charged by workers' compensation 
43.19 	insurers in the state to the pure premium base rates filed by the association, as reviewed by 
43.20 	the Rate Oversight Commission. The Rate Oversight Commission shall review the 
43.21 	commissioner's report and if the experience indicates that rates have not reasonably reflected 
43.22 	changes in pure premiums, the rate oversight commission shall recommend to the legislature 
43.23 	appropriate legislative changes to this chapter.
43.24 	(a) By March 1 of each year, the commissioner must issue a report that evaluates the 
43.25 	competitiveness of the workers' compensation market in Minnesota in order to evaluate 
43.26 	whether the competitive rating law is working.
43.27 	(b) The report under this subdivision must: (1) compare the average rates charged by 
43.28 	workers' compensation insurers in Minnesota with the pure premium base rates filed by the 
43.29 	association; and (2) provide market information, including but not limited to the number of 
43.30 	carriers, market shares, the loss-cost multipliers used by companies, and the residual market 
43.31 	and self-insurance.
44.1 	(c) The commissioner must provide the report to the Rate Oversight Commission for 
44.2 	review. If after reviewing the report the Rate Oversight Commission concludes that concerns 
44.3 	exist regarding the competitiveness of the workers' compensation market in Minnesota, the 
44.4 	Rate Oversight Commission must recommend to the legislature appropriate modifications 
44.5 	to this chapter.

44.6 	Sec. 18. Minnesota Statutes 2020, section 79.61, subdivision 1, is amended to read:
44.7 		Subdivision 1.Required activity. (a) Any data service organization shall perform the 
44.8 	following activities:
44.9 	(1) file statistical plans, including classification definitions, amendments to the plans, 
44.10 	and definitions, with the commissioner for approval, and assign each compensation risk 
44.11 	written by its members to its approved classification for reporting purposes;
44.12 	(2) establish requirements for data reporting and monitoring methods to maintain a high 
44.13 	quality database;
44.14 	(3) prepare and distribute a periodic report, in a form prescribed by the commissioner, 
44.15 	on ratemaking including, but not limited to the following elements:
44.16 	(i) development factors and alternative derivations losses developed to their ultimate 
44.17 	level;
44.18 	(ii) trend factors and alternative derivations and applications trended losses;
44.19 	(iii) loss adjustment expenses;
44.20 	(iv) pure premium relativities for the approved classification system for which data are 
44.21 	reported, provided that the relativities for insureds engaged in similar occupations and 
44.22 	presenting substantially similar risks shall, if different, differ by at least ten percent; and
44.23 	(iv) (v) an evaluation of the effects of changes in law on loss data.;
44.24 	The report shall also include explicit discussion and explanation of methodology, 
44.25 	alternatives examined, assumptions adopted, and areas of judgment and reasoning supporting 
44.26 	judgments entered into, and the effect of various combinations of these elements on 
44.27 	indications for modification of an overall pure premium rate level change. The pure premium 
44.28 	relativities and rate level indications shall not include a loading for expenses or profit and 
44.29 	no expense or profit data or recommendations relating to expense or profit shall be included 
44.30 	in the report or collected by a data service organization;
44.31 	(4) collect, compile, summarize, and distribute data from members or other sources 
44.32 	pursuant to a statistical plan approved by the commissioner;
45.1 	(5) prepare merit rating plan and calculate any variable factors necessary for utilization 
45.2 	of the plan. Such a plan may be used by any of its members, at the option of the member 
45.3 	provided that the application of a plan shall not result in rates that are unfairly discriminatory;
45.4 	(6) provide loss data specific to an insured to the insured at a reasonable cost;
45.5 	(7) distribute information to an insured or interested party that is filed with the 
45.6 	commissioner and is open to public inspection; and
45.7 	(8) assess its members for operating expenses on a fair and equitable basis.
45.8 	(b) The report under paragraph (a), clause (3), shall also include explicit discussion and 
45.9 	explanation of methodology, alternatives examined, assumptions adopted, and areas of 
45.10 	judgment and reasoning supporting judgments entered into, and the effect of various 
45.11 	combinations of these elements on indications for modification of an overall pure premium 
45.12 	rate level change. The pure premium relativities and rate level indications shall not include 
45.13 	a loading for expenses or profit and no expense or profit data or recommendations relating 
45.14 	to expense or profit shall be included in the report or collected by a data service organization. 
45.15 	For purposes of this subdivision, "expenses" means expenses other than loss adjustment 
45.16 	expenses.

45.17 	Sec. 19. Minnesota Statutes 2020, section 80G.06, subdivision 1, is amended to read:
45.18 		Subdivision 1.Surety bond requirement. (a) Every dealer shall maintain a current, 
45.19 	valid surety bond issued by a surety company admitted to do business in Minnesota in an 
45.20 	amount based on the transactions conducted with Minnesota consumers (purchases from 
45.21 	and sales to consumers at retail) during the 12-month period prior to registration, or renewal, 
45.22 	whichever is applicable.
45.23 	(b) The amount of the surety bond shall be as specified in the table below:

45.24
45.25	Transaction Amount in Preceding 
12-month Period
	Surety Bond Required
	
45.26	$25,000 $0 to $200,000
	$25,000
	
45.27	$200,000.01 to $500,000
	$50,000
	
45.28	$500,000.01 to $1,000,000
	$100,000
	
45.29	$1,000,000.01 to $2,000,000
	$150,000
	
45.30	Over $2,000,000
	$200,000

46.1 	Sec. 20. [80G.11] NOTIFICATION TO COMMISSIONER.
46.2 	A dealer must notify the commissioner of any dealer representative termination within 
46.3 	ten days of the termination if the termination is based in whole or in part on a violation of 
46.4 	this chapter.

46.5 	Sec. 21. Minnesota Statutes 2020, section 82.57, subdivision 1, is amended to read:
46.6 		Subdivision 1.Amounts. The following fees shall be paid to the commissioner:
46.7 	(a) a fee of $150 for each initial individual broker's license, and a fee of $100 for each 
46.8 	renewal thereof;
46.9 	(b) a fee of $70 for each initial salesperson's license, and a fee of $40 for each renewal 
46.10 	thereof;
46.11 	(c) a fee of $85 for each initial real estate closing agent license, and a fee of $60 for each 
46.12 	renewal thereof;
46.13 	(d) a fee of $150 for each initial corporate, limited liability company, or partnership 
46.14 	license, and a fee of $100 for each renewal thereof;
46.15 	(e) a fee for payment to the education, research and recovery fund in accordance with 
46.16 	section 82.86;
46.17 	(f) a fee of $20 for each transfer;
46.18 	(g) a fee of $50 for license reinstatement;
46.19 	(h) (g) a fee of $20 for reactivating a corporate, limited liability company, or partnership 
46.20 	license; and
46.21 	(i) (h) in addition to the fees required under this subdivision, individual licensees under 
46.22 	clauses (a) and (b) shall pay, for each initial license and renewal, a technology surcharge 
46.23 	of up to $40 under section 45.24, unless the commissioner has adjusted the surcharge as 
46.24 	permitted under that section.

46.25 	Sec. 22. Minnesota Statutes 2020, section 82.57, subdivision 5, is amended to read:
46.26 		Subd. 5.Initial license expiration; fee reduction. If an initial license issued under 
46.27 	subdivision 1, paragraph (a), (b), (c), or (d) expires less than 12 months after issuance, the 
46.28 	license fee shall be reduced by an amount equal to one-half the fee for a renewal of the 
46.29 	license. An initial license issued under this chapter expires in the year that results in the 
46.30 	term of the license being at least 12 months, but no more than 24 months.

47.1 	Sec. 23. Minnesota Statutes 2020, section 82.62, subdivision 3, is amended to read:
47.2 		Subd. 3.Timely renewals. A person whose application for a license renewal has not 
47.3 	been timely submitted and who has not received notice of approval of renewal may not 
47.4 	continue to transact business either as a real estate broker, salesperson, or closing agent 
47.5 	after June 30 of the renewal year until approval of renewal is received. Application for 
47.6 	renewal of a license is timely submitted if: all requirements for renewal, including continuing 
47.7 	education requirements, have been completed and reported pursuant to section 45.43, 
47.8 	subdivision 1.
47.9 	(1) all requirements for renewal, including continuing education requirements, have 
47.10 	been completed by June 15 of the renewal year; and
47.11 	(2) the application is submitted before the renewal deadline in the manner prescribed 
47.12 	by the commissioner, duly executed and sworn to, accompanied by fees prescribed by this 
47.13 	chapter, and containing any information the commissioner requires.

47.14 	Sec. 24. Minnesota Statutes 2020, section 82.81, subdivision 12, is amended to read:
47.15 		Subd. 12.Fraudulent, deceptive, and dishonest practices. (a) Prohibitions. For the 
47.16 	purposes of section 82.82, subdivision 1, clause (b), the following acts and practices constitute 
47.17 	fraudulent, deceptive, or dishonest practices:
47.18 	(1) act on behalf of more than one party to a transaction without the knowledge and 
47.19 	consent of all parties;
47.20 	(2) act in the dual capacity of licensee and undisclosed principal in any transaction;
47.21 	(3) receive funds while acting as principal which funds would constitute trust funds if 
47.22 	received by a licensee acting as an agent, unless the funds are placed in a trust account. 
47.23 	Funds need not be placed in a trust account if a written agreement signed by all parties to 
47.24 	the transaction specifies a different disposition of the funds, in accordance with section 
47.25 	82.82, subdivision 1;
47.26 	(4) violate any state or federal law concerning discrimination intended to protect the 
47.27 	rights of purchasers or renters of real estate;
47.28 	(5) make a material misstatement in an application for a license or in any information 
47.29 	furnished to the commissioner;
47.30 	(6) procure or attempt to procure a real estate license for himself or herself the procuring 
47.31 	individual or any person by fraud, misrepresentation, or deceit;
48.1 	(7) represent membership in any real estate-related organization in which the licensee 
48.2 	is not a member;
48.3 	(8) advertise in any manner that is misleading or inaccurate with respect to properties, 
48.4 	terms, values, policies, or services conducted by the licensee;
48.5 	(9) make any material misrepresentation or permit or allow another to make any material 
48.6 	misrepresentation;
48.7 	(10) make any false or misleading statements, or permit or allow another to make any 
48.8 	false or misleading statements, of a character likely to influence, persuade, or induce the 
48.9 	consummation of a transaction contemplated by this chapter;
48.10 	(11) fail within a reasonable time to account for or remit any money coming into the 
48.11 	licensee's possession which belongs to another;
48.12 	(12) commingle with his or her the individual's own money or property trust funds or 
48.13 	any other money or property of another held by the licensee;
48.14 	(13) a demand from a seller for a commission to or compensation to which the licensee 
48.15 	is not entitled, knowing that he or she the individual is not entitled to the commission or
48.16 	compensation;
48.17 	(14) pay or give money or goods of value to an unlicensed person for any assistance or 
48.18 	information relating to the procurement by a licensee of a listing of a property or of a 
48.19 	prospective buyer of a property (this item does not apply to money or goods paid or given 
48.20 	to the parties to the transaction);
48.21 	(15) fail to maintain a trust account at all times, as provided by law;
48.22 	(16) engage, with respect to the offer, sale, or rental of real estate, in an anticompetitive 
48.23 	activity;
48.24 	(17) represent on advertisements, cards, signs, circulars, letterheads, or in any other 
48.25 	manner, that he or she the individual is engaged in the business of financial planning unless 
48.26 	he or she the individual provides a disclosure document to the client. The document must 
48.27 	be signed by the client and a copy must be left with the client. The disclosure document 
48.28 	must contain the following:
48.29 	(i) the basis of fees, commissions, or other compensation received by him or her an 
48.30 	individual in connection with rendering of financial planning services or financial counseling 
48.31 	or advice in the following language:
48.32 	"My compensation may be based on the following:
49.1 	(a) ... commissions generated from the products I sell you;
49.2 	(b) ... fees; or
49.3 	(c) ... a combination of (a) and (b). [Comments]";
49.4 	(ii) the name and address of any company or firm that supplies the financial services or 
49.5 	products offered or sold by him or her an individual in the following language:
49.6 	"I am authorized to offer or sell products and/or services issued by or through the 
49.7 	following firm(s):
49.8 	[List]
49.9 	The products will be traded, distributed, or placed through the clearing/trading firm(s) 
49.10 	of:
49.11 	[List]";
49.12 	(iii) the license(s) held by the person under this chapter or chapter 60A or 80A in the 
49.13 	following language:
49.14 	"I am licensed in Minnesota as a(n):
49.15 	(a) ... insurance agent;
49.16 	(b) ... securities agent or broker/dealer;
49.17 	(c) ... real estate broker or salesperson;
49.18 	(d) ... investment adviser"; and
49.19 	(iv) the specific identity of any financial products or services, by category, for example 
49.20 	mutual funds, stocks, or limited partnerships, the person is authorized to offer or sell in the 
49.21 	following language:
49.22 	"The license(s) entitles me to offer and sell the following products and/or services:
49.23 	(a) ... securities, specifically the following: [List];
49.24 	(b) ... real property;
49.25 	(c) ... insurance; and
49.26 	(d) ... other: [List]."
49.27 	(b) Determining violation. A licensee shall be deemed to have violated this section if 
49.28 	the licensee has been found to have violated sections 325D.49 to 325D.66, by a final decision 
49.29 	or order of a court of competent jurisdiction.
50.1 	(c) Commissioner's authority. Nothing in this section limits the authority of the 
50.2 	commissioner to take actions against a licensee for fraudulent, deceptive, or dishonest 
50.3 	practices not specifically described in this section.

50.4 	Sec. 25. Minnesota Statutes 2020, section 82B.021, subdivision 18, is amended to read:
50.5 		Subd. 18.Licensed real property appraiser. "Licensed real property appraiser" means 
50.6 	an individual licensed under this chapter to perform appraisals on noncomplex one-family 
50.7 	to four-family residential units or agricultural property having a transactional value of less 
50.8 	than $1,000,000 and complex one-family to four-family residential units or agricultural 
50.9 	property having a transactional value of less than $250,000 $400,000.

50.10 	Sec. 26. Minnesota Statutes 2020, section 82B.11, subdivision 3, is amended to read:
50.11 		Subd. 3.Licensed residential real property appraiser. A licensed residential real 
50.12 	property appraiser may appraise noncomplex residential property or agricultural property 
50.13 	having a transaction value less than $1,000,000 and complex residential or agricultural 
50.14 	property having a transaction value less than $250,000 $400,000.

50.15 	Sec. 27. Minnesota Statutes 2020, section 256B.0625, subdivision 10, is amended to read:
50.16 		Subd. 10.Laboratory and x-ray services. (a) Medical assistance covers laboratory and 
50.17 	x-ray services.
50.18 	(b) Medical assistance covers screening and urinalysis tests for opioids without lifetime 
50.19 	or annual limits.

50.20 	EFFECTIVE DATE. This section is effective January 1, 2022.

50.21 	Sec. 28. EXPEDITED RULEMAKING AUTHORIZED.
 50.22 	The commissioner shall amend Minnesota Rules, parts 2705.1000, item B, subitem (4); 
50.23 	2705.0200, subpart 7; 2705.1700, subpart 2; and 2705.1800, item B, or other parts of 
50.24 	Minnesota Rules, chapter 2705, as necessary to permit a data service organization to collect 
50.25 	loss adjustment expense data and to consider and include in its ratemaking report losses 
50.26 	developed to their ultimate value, trended losses, and loss adjustment expenses. The 
50.27 	commissioner may use the expedited rulemaking procedures under Minnesota Statutes, 
50.28 	section 14.389.

50.29 	Sec. 29. REPEALER.
 50.30 	(a) Minnesota Statutes 2020, sections 60A.98; 60A.981; and 60A.982, are repealed.
51.1 	(b) Minnesota Statutes 2020, section 45.017, is repealed.

51.2 	ARTICLE 4
51.3 	MANDATED HEALTH BENEFIT PROPOSALS EVALUATION

51.4 	Section 1. Minnesota Statutes 2020, section 62J.03, subdivision 4, is amended to read:
51.5 		Subd. 4.Commissioner. "Commissioner" means the commissioner of health, unless 
51.6 	another commissioner is specified.

51.7 	Sec. 2. Minnesota Statutes 2020, section 62J.26, subdivision 1, is amended to read:
51.8 		Subdivision 1.Definitions. For purposes of this section, the following terms have the 
51.9 	meanings given unless the context otherwise requires:
51.10 	(1) "commissioner" means the commissioner of commerce;
51.11 	(2) "enrollee" has the meaning given in section 62Q.01, subdivision 2b;
51.12 	(2) (3) "health plan" means a health plan as defined in section 62A.011, subdivision 3, 
51.13 	but includes coverage listed in clauses (7) and (10) of that definition;
51.14 	(3) (4) "mandated health benefit proposal" or "proposal" means a proposal that would 
51.15 	statutorily require a health plan company to do the following:
51.16 	(i) provide coverage or increase the amount of coverage for the treatment of a particular 
51.17 	disease, condition, or other health care need;
51.18 	(ii) provide coverage or increase the amount of coverage of a particular type of health 
51.19 	care treatment or service or of equipment, supplies, or drugs used in connection with a health 
51.20 	care treatment or service; or
51.21 	(iii) provide coverage for care delivered by a specific type of provider.;
51.22 	(iv) require a particular benefit design or impose conditions on cost-sharing for:
51.23 	(A) the treatment of a particular disease, condition, or other health care need;
51.24 	(B) a particular type of health care treatment or service; or
51.25 	(C) the provision of medical equipment, supplies, or a prescription drug used in 
51.26 	connection with treating a particular disease, condition, or other health care need; or
51.27 	(v) impose limits or conditions on a contract between a health plan company and a health 
51.28 	care provider.
52.1 	"Mandated health benefit proposal" does not include health benefit proposals amending 
52.2 	the scope of practice of a licensed health care professional.

52.3 	Sec. 3. Minnesota Statutes 2020, section 62J.26, subdivision 2, is amended to read:
52.4 		Subd. 2.Evaluation process and content. (a) The commissioner, in consultation with 
52.5 	the commissioners of health and management and budget, must evaluate all mandated health 
52.6 	benefit proposals as provided under subdivision 3.
52.7 	(b) The purpose of the evaluation is to provide the legislature with a complete and timely 
52.8 	analysis of all ramifications of any mandated health benefit proposal. The evaluation must 
52.9 	include, in addition to other relevant information, the following to the extent applicable:
52.10 	(1) scientific and medical information on the proposed health benefit mandated health 
52.11 	benefit proposal, on the potential for harm or benefit to the patient, and on the comparative 
52.12 	benefit or harm from alternative forms of treatment, and must include the results of at least 
52.13 	one professionally accepted and controlled trial comparing the medical consequences of 
52.14 	the proposed therapy, alternative therapy, and no therapy;
52.15 	(2) public health, economic, and fiscal impacts of the proposed mandate mandated health 
52.16 	benefit proposal on persons receiving health services in Minnesota, on the relative 
52.17 	cost-effectiveness of the benefit proposal, and on the health care system in general;
52.18 	(3) the extent to which the treatment, service, equipment, or drug is generally utilized 
52.19 	by a significant portion of the population;
52.20 	(4) the extent to which insurance coverage for the proposed mandated benefit mandated 
52.21 	health benefit proposal is already generally available;
52.22 	(5) the extent to which the mandated health benefit proposal, by health plan category, 
52.23 	would apply to the benefits offered to the health plan's enrollees;
52.24 	(5) (6) the extent to which the mandated coverage mandated health benefit proposal will 
52.25 	increase or decrease the cost of the treatment, service, equipment, or drug; and
52.26 	(7) the extent to which the mandated health benefit proposal may increase enrollee 
52.27 	premiums; and
52.28 	(8) if the proposal applies to a qualified health plan as defined in section 62A.011, 
52.29 	subdivision 7, the cost to the state to defray the cost of the mandated health benefit proposal 
52.30 	using commercial market reimbursement rates in accordance with Code of Federal 
52.31 	Regulations, title 45, section 155.70.
53.1 	(6) (c) The commissioner may shall consider actuarial analysis done by health insurers
53.2 	plan companies and any other proponent or opponent of the mandated health benefit proposal
53.3 	in determining the cost of the proposed mandated benefit proposal.
53.4 	(c) (d) The commissioner must summarize the nature and quality of available information 
53.5 	on these issues, and, if possible, must provide preliminary information to the public. The 
53.6 	commissioner may conduct research on these issues or may determine that existing research 
53.7 	is sufficient to meet the informational needs of the legislature. The commissioner may seek 
53.8 	the assistance and advice of researchers, community leaders, or other persons or organizations 
53.9 	with relevant expertise.

53.10 	Sec. 4. Minnesota Statutes 2020, section 62J.26, subdivision 3, is amended to read:
53.11 		Subd. 3.Requests Requirements for evaluation. (a) Whenever a legislative measure 
53.12 	containing a mandated health benefit proposal is introduced as a bill or offered as an 
53.13 	amendment to a bill, or is likely to be introduced as a bill or offered as an amendment, a
53.14 	No later than August 1 of the year preceding the legislative session in which a legislator is 
53.15 	planning on introducing a bill containing a mandated health benefit proposal, or is planning 
53.16 	on offering an amendment to a bill that adds a mandated health benefit, the prospective 
53.17 	author must notify the chair of one of the standing legislative committees that have 
53.18 	jurisdiction over the subject matter of the proposal. No later than 15 days after notification 
53.19 	is received, the chair of any standing legislative committee that has jurisdiction over the 
53.20 	subject matter of the proposal may request that must notify the commissioner complete that
53.21 	an evaluation of the a mandated health benefit proposal under this section, to is required to 
53.22 	be completed in accordance with this section in order to inform any committee of floor the 
53.23 	legislature before any action is taken on the proposal by either house of the legislature.
53.24 	(b) The commissioner must conduct an evaluation described in subdivision 2 of each 
53.25 	mandated health benefit proposal for which an evaluation is requested required under 
53.26 	paragraph (a), unless the commissioner determines under paragraph (c) or subdivision 4 
53.27 	that priorities and resources do not permit its evaluation.
53.28 	(c) If requests for the evaluation of multiple proposals are received required, the 
53.29 	commissioner must consult with the chairs of the standing legislative committees having 
53.30 	jurisdiction over the subject matter of the mandated health benefit proposals to prioritize 
53.31 	the requests evaluations and establish a reporting date for each proposal to be evaluated. 
53.32 	The commissioner is not required to direct an unreasonable quantity of the commissioner's 
53.33 	resources to these evaluations.

54.1 	Sec. 5. Minnesota Statutes 2020, section 62J.26, subdivision 4, is amended to read:
54.2 		Subd. 4.Sources of funding. (a) The commissioner need shall not use any funds for 
54.3 	purposes of this section other than as provided in this subdivision or as specified in an 
54.4 	appropriation.
54.5 	(b) The commissioner may seek and accept funding from sources other than the state to 
54.6 	pay for evaluations under this section to supplement or replace state appropriations. Any 
54.7 	money received under this paragraph must be deposited in the state treasury, credited to a 
54.8 	separate account for this purpose in the special revenue fund, and is appropriated to the 
54.9 	commissioner for purposes of this section.
54.10 	(c) If a request for an evaluation is required under this section has been made, the 
54.11 	commissioner may use for purposes of the evaluation:
54.12 	(1) any funds appropriated to the commissioner specifically for purposes of this section; 
54.13 	or
54.14 	(2) funds available under paragraph (b), if use of the funds for evaluation of that mandated 
54.15 	health benefit proposal is consistent with any restrictions imposed by the source of the funds.
54.16 	(d) The commissioner must ensure that the source of the funding has no influence on 
54.17 	the process or outcome of the evaluation.

54.18 	Sec. 6. Minnesota Statutes 2020, section 62J.26, subdivision 5, is amended to read:
54.19 		Subd. 5.Report to legislature. The commissioner must submit a written report on the 
54.20 	evaluation to the legislature author of the proposal and to the chairs and ranking minority 
54.21 	members of the legislative committees with jurisdiction over health insurance policy and 
54.22 	finance no later than 180 days after the request. The report must be submitted in compliance 
54.23 	with sections 3.195 and 3.197 commissioner receives notification from a chair as required 
54.24 	under subdivision 3.

54.25 	ARTICLE 5
54.26 	COLLECTION AGENCIES AND DEBT BUYERS

54.27 	Section 1. Minnesota Statutes 2020, section 332.31, subdivision 3, is amended to read:
54.28 		Subd. 3.Collection agency. "Collection agency" or "licensee" means and includes any
54.29 	(1) a person engaged in the business of collection for others any account, bill, or other 
54.30 	indebtedness, except as hereinafter provided; or (2) a debt buyer. It includes persons who 
54.31 	furnish collection systems carrying a name which simulates the name of a collection agency 
55.1 	and who supply forms or form letters to be used by the creditor, even though such forms 
55.2 	direct the debtor to make payments directly to the creditor rather than to such fictitious 
55.3 	agency.

55.4 	EFFECTIVE DATE. This section is effective August 1, 2021.

55.5 	Sec. 2. Minnesota Statutes 2020, section 332.31, subdivision 6, is amended to read:
55.6 		Subd. 6.Collector. "Collector" is a person acting under the authority of a collection 
55.7 	agency under subdivision 3 or a debt buyer under subdivision 8, and on its behalf in the 
55.8 	business of collection for others an account, bill, or other indebtedness except as otherwise 
55.9 	provided in this chapter.

55.10 	EFFECTIVE DATE. This section is effective August 1, 2021.

55.11 	Sec. 3. Minnesota Statutes 2020, section 332.31, is amended by adding a subdivision to 
55.12 	read:
55.13 		Subd. 8.Debt buyer. "Debt buyer" means a business engaged in the purchase of any 
55.14 	charged-off account, bill, or other indebtedness for collection purposes, whether the business 
55.15 	collects the account, bill, or other indebtedness, hires a third party for collection, or hires 
55.16 	an attorney for litigation related to the collection.

55.17 	EFFECTIVE DATE. This section is effective August 1, 2021.

55.18 	Sec. 4. Minnesota Statutes 2020, section 332.31, is amended by adding a subdivision to 
55.19 	read:
55.20 		Subd. 9.Affiliated company. "Affiliated company" means a company that: (1) directly 
55.21 	or indirectly controls, is controlled by, or is under common control with another company 
55.22 	or companies; (2) has the same executive management team or owner that exerts control 
55.23 	over the business operations of the company; (3) maintains a uniform network of corporate 
55.24 	and compliance policies and procedures; and (4) does not engage in active collection of 
55.25 	debts.

55.26 	EFFECTIVE DATE. This section is effective August 1, 2021.

56.1 	Sec. 5. Minnesota Statutes 2020, section 332.311, is amended to read:
56.2 	332.311 TRANSFER OF ADMINISTRATIVE FUNCTIONS.
56.3 	The powers, duties, and responsibilities of the consumer services section under sections 
56.4 	332.31 to 332.44 relating to collection agencies and debt buyers are hereby transferred to 
56.5 	and imposed upon the commissioner of commerce.

56.6 	EFFECTIVE DATE. This section is effective August 1, 2021.

56.7 	Sec. 6. Minnesota Statutes 2020, section 332.32, is amended to read:
56.8 	332.32 EXCLUSIONS.
56.9 	(a) The term "collection agency" shall does not include persons whose collection activities 
56.10 	are confined to and are directly related to the operation of a business other than that of a 
56.11 	collection agency such as, but not limited to banks when collecting accounts owed to the 
56.12 	banks and when the bank will sustain any loss arising from uncollectible accounts, abstract 
56.13 	companies doing an escrow business, real estate brokers, public officers, persons acting 
56.14 	under order of a court, lawyers, trust companies, insurance companies, credit unions, savings 
56.15 	associations, loan or finance companies unless they are engaged in asserting, enforcing or 
56.16 	prosecuting unsecured claims which have been purchased from any person, firm, or 
56.17 	association when there is recourse to the seller for all or part of the claim if the claim is not 
56.18 	collected.
56.19 	(b) The term "collection agency" shall not include a trade association performing services 
56.20 	authorized by section 604.15, subdivision 4a, but the trade association in performing the 
56.21 	services may not engage in any conduct that would be prohibited for a collection agency 
56.22 	under section 332.37.

56.23 	EFFECTIVE DATE. This section is effective August 1, 2021.

56.24 	Sec. 7. Minnesota Statutes 2020, section 332.33, subdivision 1, is amended to read:
56.25 		Subdivision 1.Requirement. Except as otherwise provided in this chapter, no person 
56.26 	shall conduct within this state a collection agency or engage within this state in the business 
56.27 	of collecting claims for others business in Minnesota as a collection agency or debt buyer,
56.28 	as defined in sections 332.31 to 332.44, without having first applied for and obtained a 
56.29 	collection agency license. A person acting under the authority of a collection agency, debt 
56.30 	buyer, or as a collector, must first register with the commissioner under this section. A 
56.31 	registered collector may use one additional assumed name only if the assumed name is 
56.32 	registered with and approved by the commissioner. A business that operates as a debt buyer 
57.1 	must submit a completed license application no later than January 1, 2022. A debt buyer 
57.2 	who has filed an application with the commissioner for a collection agency license prior to 
57.3 	January 1, 2022, and whose application remains pending with the commissioner thereafter, 
57.4 	may continue to operate without a license until the commissioner approves or denies the 
57.5 	application.

57.6 	EFFECTIVE DATE. This section is effective August 1, 2021.

57.7 	Sec. 8. Minnesota Statutes 2020, section 332.33, subdivision 2, is amended to read:
57.8 		Subd. 2.Penalty. A person who carries on business as a collection agency or debt buyer
57.9 	without first having obtained a license or acts as a collector without first having registered 
57.10 	with the commissioner pursuant to sections 332.31 to 332.44, or who carries on this business 
57.11 	after the revocation, suspension, or expiration of a license or registration is guilty of a 
57.12 	misdemeanor.

57.13 	EFFECTIVE DATE. This section is effective August 1, 2021.

57.14 	Sec. 9. Minnesota Statutes 2020, section 332.33, subdivision 5, is amended to read:
57.15 		Subd. 5.Collection agency License rejection.  On finding that an applicant for a 
57.16 	collection agency license is not qualified under sections 332.31 to 332.44, the commissioner 
57.17 	shall reject the application and shall give the applicant written notice of the rejection and 
57.18 	the reasons for the rejection.

57.19 	EFFECTIVE DATE. This section is effective August 1, 2021.

57.20 	Sec. 10. Minnesota Statutes 2020, section 332.33, subdivision 5a, is amended to read:
57.21 		Subd. 5a.Individual collector registration. A licensed collection agency licensee, on 
57.22 	behalf of an individual collector, must register with the state all individuals in the collection 
57.23 	agency's licensee's employ who are performing the duties of a collector as defined in sections 
57.24 	332.31 to 332.44. The collection agency licensee must apply for an individual collection 
57.25 	registration in a form prescribed by the commissioner. The collection agency licensee shall 
57.26 	verify on the form that the applicant has confirmed that the applicant meets the requirements 
57.27 	to perform the duties of a collector as defined in sections 332.31 to 332.44. Upon submission 
57.28 	of the application to the department, the individual may begin to perform the duties of a 
57.29 	collector and may continue to do so unless the licensed collection agency licensee is informed 
57.30 	by the commissioner that the individual is ineligible.

57.31 	EFFECTIVE DATE. This section is effective August 1, 2021.

58.1 	Sec. 11. Minnesota Statutes 2020, section 332.33, subdivision 7, is amended to read:
58.2 		Subd. 7.Changes; notice to commissioner. (a) A licensed collection agency licensee
58.3 	must give the commissioner written notice of a change in company name, address, or 
58.4 	ownership not later than ten days after the change occurs. A registered individual collector 
58.5 	must give written notice of a change of address, name, or assumed name no later than ten 
58.6 	days after the change occurs.
58.7 	(b) Upon the death of any collection agency licensee, the license of the decedent may 
58.8 	be transferred to the executor or administrator of the estate for the unexpired term of the 
58.9 	license. The executor or administrator may be authorized to continue or discontinue the 
58.10 	collection business of the decedent under the direction of the court having jurisdiction of 
58.11 	the probate.

58.12 	EFFECTIVE DATE. This section is effective August 1, 2021.

58.13 	Sec. 12. Minnesota Statutes 2020, section 332.33, subdivision 8, is amended to read:
58.14 		Subd. 8.Screening process requirement. (a) Each licensed collection agency licensee
58.15 	must establish procedures to follow when screening an individual collector applicant prior 
58.16 	to submitting an applicant to the commissioner for initial registration and at renewal.
58.17 	(b) The screening process for initial registration must be done at the time of hiring. The 
58.18 	process must include a national criminal history record search, an attorney licensing search, 
58.19 	and a county criminal history search for all counties where the applicant has resided within 
58.20 	the five years immediately preceding the initial registration, to determine whether the 
58.21 	applicant is eligible to be registered under section 332.35. Each licensed collection agency
58.22 	licensee shall use a vendor that is a member of the National Association of Professional 
58.23 	Background Screeners, or an equivalent vendor, to conduct this background screening 
58.24 	process.
58.25 	(c) Screening for renewal of individual collector registration must include a national 
58.26 	criminal history record search and a county criminal history search for all counties where 
58.27 	the individual has resided during the immediate preceding year. Screening for renewal of 
58.28 	individual collector registrations must take place no more than 60 days before the license 
58.29 	expiration or renewal date. A renewal screening is not required if an individual collector 
58.30 	has been subjected to an initial background screening within 12 months of the first registration 
58.31 	renewal date. A renewal screening is required for all subsequent annual registration renewals.
59.1 	(d) The commissioner may review the procedures to ensure the integrity of the screening 
59.2 	process. Failure by a licensed collection agency licensee to establish these procedures is 
59.3 	subject to action under section 332.40.

59.4 	EFFECTIVE DATE. This section is effective August 1, 2021.

59.5 	Sec. 13. Minnesota Statutes 2020, section 332.33, is amended by adding a subdivision to 
59.6 	read:
59.7 		Subd. 9.Affiliated companies. The commissioner must permit affiliated companies to 
59.8 	operate under a single license and be subject to a single examination, provided that all of 
59.9 	the affiliated company names are listed on the license.

59.10 	EFFECTIVE DATE. This section is effective August 1, 2021.

59.11 	Sec. 14. Minnesota Statutes 2020, section 332.34, is amended to read:
59.12 	332.34 BOND.
59.13 	The commissioner of commerce shall require each collection agency licensee to file and 
59.14 	maintain in force a corporate surety bond, in a form to be prescribed by, and acceptable to, 
59.15 	the commissioner, and in a sum of at least $50,000 plus an additional $5,000 for each 
59.16 	$100,000 received by the collection agency from debtors located in Minnesota during the 
59.17 	previous calendar year, less commissions earned by the collection agency on those collections 
59.18 	for the previous calendar year. The total amount of the bond shall not exceed $100,000. A 
59.19 	collection agency licensee may deposit cash in and with a depository acceptable to the 
59.20 	commissioner in an amount and in the manner prescribed and approved by the commissioner 
59.21 	in lieu of a bond.

59.22 	EFFECTIVE DATE. This section is effective August 1, 2021.

59.23 	Sec. 15. Minnesota Statutes 2020, section 332.345, is amended to read:
59.24 	332.345 SEGREGATED ACCOUNTS.
59.25 	A payment collected by a collector or collection agency on behalf of a customer shall 
59.26 	be held by the collector or collection agency in a separate trust account clearly designated 
59.27 	for customer funds. The account must be in a bank or other depository institution authorized 
59.28 	or chartered under the laws of any state or of the United States. This section does not apply 
59.29 	to a debt buyer, except to the extent the debt buyer engages in third-party debt collection 
59.30 	for others.

59.31 	EFFECTIVE DATE. This section is effective August 1, 2021.

60.1 	Sec. 16. Minnesota Statutes 2020, section 332.355, is amended to read:
60.2 	332.355 AGENCY RESPONSIBILITY FOR COLLECTORS.
60.3 	The commissioner may take action against a collection agency licensee for any violations 
60.4 	of debt collection laws by its debt collectors. The commissioner may also take action against 
60.5 	the debt collectors themselves for these same violations.

60.6 	EFFECTIVE DATE. This section is effective August 1, 2021.

60.7 	Sec. 17. Minnesota Statutes 2020, section 332.37, is amended to read:
60.8 	332.37 PROHIBITED PRACTICES.
60.9 	(a) No collection agency, debt buyer, or collector shall:
60.10 	(1) in collection letters or publications, or in any communication, oral or written threaten 
60.11 	wage garnishment or legal suit by a particular lawyer, unless it has actually retained the 
60.12 	lawyer;
60.13 	(2) use or employ sheriffs or any other officer authorized to serve legal papers in 
60.14 	connection with the collection of a claim, except when performing their legally authorized 
60.15 	duties;
60.16 	(3) use or threaten to use methods of collection which violate Minnesota law;
60.17 	(4) furnish legal advice or otherwise engage in the practice of law or represent that it is 
60.18 	competent to do so;
60.19 	(5) communicate with debtors in a misleading or deceptive manner by using the stationery 
60.20 	of a lawyer, forms or instruments which only lawyers are authorized to prepare, or 
60.21 	instruments which simulate the form and appearance of judicial process;
60.22 	(6) exercise authority on behalf of a creditor client to employ the services of lawyers 
60.23 	unless the creditor client has specifically authorized the agency in writing to do so and the 
60.24 	agency's course of conduct is at all times consistent with a true relationship of attorney and 
60.25 	client between the lawyer and the creditor client;
60.26 	(7) publish or cause to be published any list of debtors except for credit reporting 
60.27 	purposes, use shame cards or shame automobiles, advertise or threaten to advertise for sale 
60.28 	any claim as a means of forcing payment thereof, or use similar devices or methods of 
60.29 	intimidation;
60.30 	(8) refuse to return any claim or claims and all valuable papers deposited with a claim 
60.31 	or claims upon written request of the creditor client, claimant or forwarder after tender of 
61.1 	the amounts due and owing to the a collection agency within 30 days after the request; 
61.2 	refuse or intentionally fail to account to its clients for all money collected within 30 days 
61.3 	from the last day of the month in which the same is collected; or, refuse or fail to furnish 
61.4 	at intervals of not less than 90 days upon written request of the claimant or forwarder, a 
61.5 	written report upon claims received from the claimant or forwarder;
61.6 	(9) operate under a name or in a manner which implies that the collection agency or debt 
61.7 	buyer is a branch of or associated with any department of federal, state, county or local 
61.8 	government or an agency thereof;
61.9 	(10) commingle money collected for a customer with the collection agency's operating 
61.10 	funds or use any part of a customer's money in the conduct of the collection agency's 
61.11 	business;
61.12 	(11) transact business or hold itself out as a debt prorater settlement company, debt 
61.13 	management company, debt adjuster, or any person who settles, adjusts, prorates, pools, 
61.14 	liquidates or pays the indebtedness of a debtor, unless there is no charge to the debtor, or 
61.15 	the pooling or liquidation is done pursuant to court order or under the supervision of a 
61.16 	creditor's committee;
61.17 	(12) violate any of the provisions of the Fair Debt Collection Practices Act of 1977, 
61.18 	Public Law 95-109, while attempting to collect on any account, bill or other indebtedness;
61.19 	(13) communicate with a debtor by use of a recorded message utilizing an automatic 
61.20 	dialing announcing device unless the recorded message is immediately preceded by a live 
61.21 	operator who discloses prior to the message the name of the collection agency and the fact 
61.22 	the message intends to solicit payment and the operator obtains the consent of the debtor 
61.23 	to hearing the message after the debtor expressly informs the agency or collector to cease 
61.24 	communication utilizing an automatic dialing announcing device;
61.25 	(14) in collection letters or publications, or in any communication, oral or written, imply 
61.26 	or suggest that health care services will be withheld in an emergency situation;
61.27 	(15) when a debtor has a listed telephone number, enlist the aid of a neighbor or third 
61.28 	party to request that the debtor contact the licensee or collector, except a person who resides 
61.29 	with the debtor or a third party with whom the debtor has authorized the licensee or collector 
61.30 	to place the request. This clause does not apply to a call back message left at the debtor's 
61.31 	place of employment which is limited to the licensee's or collector's telephone number and 
61.32 	name;
62.1 	(16) when attempting to collect a debt, fail to provide the debtor with the full name of 
62.2 	the collection agency or debt buyer as it appears on its license or as listed on any "doing 
62.3 	business as" or "d/b/a" registered with the Department of Commerce;
62.4 	(17) collect any money from a debtor that is not reported to a creditor or client;
62.5 	(18) fail to return any amount of overpayment from a debtor to the debtor or to the state 
62.6 	of Minnesota pursuant to the requirements of chapter 345;
62.7 	(18) (19) accept currency or coin as payment for a debt without issuing an original receipt 
62.8 	to the debtor and maintaining a duplicate receipt in the debtor's payment records;
62.9 	(19) (20) attempt to collect any amount of money, including any interest, fee, charge, 
62.10 	or expense incidental to the charge-off obligation, from a debtor or unless the amount is 
62.11 	expressly authorized by the agreement creating the debt or is otherwise permitted by law;
62.12 	(21) charge a fee to a creditor client that is not authorized by agreement with the client;
62.13 	(20) (22) falsify any collection agency documents with the intent to deceive a debtor, 
62.14 	creditor, or governmental agency;
62.15 	(21) (23) when initially contacting a Minnesota debtor by mail, fail to include a disclosure 
62.16 	on the contact notice, in a type size or font which is equal to or larger than the largest other 
62.17 	type of type size or font used in the text of the notice. The disclosure must state: "This 
62.18 	collection agency is licensed by the Minnesota Department of Commerce" or "This debt 
62.19 	buyer is licensed by the Minnesota Department of Commerce" as applicable; or
62.20 	(22) (24) commence legal action to collect a debt outside the limitations period set forth 
62.21 	in section 541.053.
62.22 	(b) Paragraph (a), clauses (6), (8), (10), (17), and (21), do not apply to debt buyers except 
62.23 	to the extent the debt buyer engages in third-party debt collection for others.

62.24 	EFFECTIVE DATE. This section is effective August 1, 2021.

62.25 	Sec. 18. Minnesota Statutes 2020, section 332.385, is amended to read:
62.26 	332.385 NOTIFICATION TO COMMISSIONER.
62.27 	The collection agency or debt buyer licensee shall notify the commissioner of any 
62.28 	employee termination within ten days of the termination if it the termination is based in 
62.29 	whole or in part based on a violation of this chapter.

62.30 	EFFECTIVE DATE. This section is effective August 1, 2021.

63.1 	Sec. 19. Minnesota Statutes 2020, section 332.40, subdivision 3, is amended to read:
63.2 		Subd. 3.Commissioner's powers. (a) For the purpose of any investigation or proceeding 
63.3 	under sections 332.31 to 332.44, the commissioner or any person designated by the 
63.4 	commissioner may administer oaths and affirmations, subpoena collection agencies, debt 
63.5 	buyers, or collectors and compel their attendance, take evidence and require the production 
63.6 	of any books, papers, correspondence, memoranda, agreements or other documents or 
63.7 	records which the commissioner deems relevant or material to the inquiry. The subpoena 
63.8 	shall contain a written statement setting forth the circumstances which have reasonably 
63.9 	caused the commissioner to believe that a violation of sections 332.31 to 332.44 may have 
63.10 	occurred.
63.11 	(b) In the event that the collection agency, debt buyer, or collector refuses to obey the 
63.12 	subpoena, or should the commissioner, upon completion of the examination of the collection 
63.13 	agency, debt buyer, or collector, reasonably conclude that a violation has occurred, the 
63.14 	commissioner may examine additional witnesses, including third parties, as may be necessary 
63.15 	to complete the investigation.
63.16 	(c) Any subpoena issued pursuant to this section shall be served by certified mail or by 
63.17 	personal service. Service shall be made at least 15 days prior to the date of appearance.

63.18 	EFFECTIVE DATE. This section is effective August 1, 2021.

63.19 	Sec. 20. Minnesota Statutes 2020, section 332.42, subdivision 1, is amended to read:
63.20 		Subdivision 1.Verified financial statement. The commissioner of commerce may at 
63.21 	any time require a collection agency licensee to submit a verified financial statement for 
63.22 	examination by the commissioner to determine whether the collection agency licensee is 
63.23 	financially responsible to carry on a collection agency business within the intents and 
63.24 	purposes of sections 332.31 to 332.44.

63.25 	EFFECTIVE DATE. This section is effective August 1, 2021.

63.26 	Sec. 21. Minnesota Statutes 2020, section 332.42, subdivision 2, is amended to read:
63.27 		Subd. 2.Record keeping. The commissioner shall require the collection agency or debt 
63.28 	buyer licensee to keep such books and records in the licensee's place of business in this 
63.29 	state as will enable the commissioner to determine whether there has been compliance with 
63.30 	the provisions of sections 332.31 to 332.44, unless the agency is a foreign corporation duly 
63.31 	authorized, admitted, and licensed to do business in this state and complies with all the 
63.32 	requirements of chapter 303 and with all other requirements of sections 332.31 to 332.44. 
64.1 	Every collection agency licensee shall preserve the records of final entry used in such 
64.2 	business for a period of five years after final remittance is made on any amount placed with 
64.3 	the licensee for collection or after any account has been returned to the claimant on which 
64.4 	one or more payments have been made. Every debt buyer licensee must preserve the records 
64.5 	of final entry used in the business for a period of five years after final collection of any 
64.6 	purchased account.

64.7 	EFFECTIVE DATE. This section is effective August 1, 2021.

64.8 	ARTICLE 6
64.9 	CONSUMER PROTECTION

64.10 	Section 1. Minnesota Statutes 2020, section 13.712, is amended by adding a subdivision 
64.11 	to read:
64.12 		Subd. 7.Student loan servicers. Data collected, created, received, maintained, or 
64.13 	disseminated under chapter 58B are governed by section 58B.10.

64.14 	EFFECTIVE DATE. This section is effective August 1, 2021.

64.15 	Sec. 2. [58B.01] TITLE.
64.16 	This chapter may be cited as the "Student Loan Borrower Bill of Rights."

64.17 	EFFECTIVE DATE. This section is effective August 1, 2021.

64.18 	Sec. 3. [58B.02] DEFINITIONS.
64.19 		Subdivision 1.Scope. For purposes of this chapter, the following terms have the meanings 
64.20 	given them.
64.21 		Subd. 2.Borrower. "Borrower" means a resident of this state who has received or agreed 
64.22 	to pay a student loan or a person who shares responsibility with a resident for repaying a 
64.23 	student loan.
64.24 		Subd. 3.Commissioner. "Commissioner" means the commissioner of commerce.
64.25 		Subd. 4.Financial institution. "Financial institution" means any of the following 
64.26 	organized under the laws of this state, any other state, or the United States: a bank, bank 
64.27 	and trust, trust company with banking powers, savings bank, savings association, or credit 
64.28 	union.
64.29 		Subd. 5.Nationwide Multistate Licensing System and Registry. "Nationwide Multistate 
64.30 	Licensing System and Registry" has the meaning given in section 58A.02, subdivision 8.
65.1 		Subd. 6.Person in control. "Person in control" means any member of senior 
65.2 	management, including owners or officers, and other persons who directly or indirectly 
65.3 	possess the power to direct or cause the direction of the management policies of an applicant 
65.4 	or student loan servicer under this chapter, regardless of whether the person has any 
65.5 	ownership interest in the applicant or student loan servicer. Control is presumed to exist if 
65.6 	a person directly or indirectly owns, controls, or holds with power to vote ten percent or 
65.7 	more of the voting stock of an applicant or student loan servicer or of a person who owns, 
65.8 	controls, or holds with power to vote ten percent or more of the voting stock of an applicant 
65.9 	or student loan servicer.
65.10 		Subd. 7.Servicing. "Servicing" means:
65.11 	(1) receiving any scheduled periodic payments from a borrower or notification of 
65.12 	payments, and applying payments to the borrower's account pursuant to the terms of the 
65.13 	student loan or of the contract governing servicing;
65.14 	(2) during a period when no payment is required on a student loan, maintaining account 
65.15 	records for the loan and communicating with the borrower regarding the loan, on behalf of 
65.16 	the loan's holder; and
65.17 	(3) interacting with a borrower, including activities to help prevent default on obligations 
65.18 	arising from student loans, conducted to facilitate the requirements in clauses (1) and (2).
65.19 		Subd. 8.Student loan. "Student loan" means a government, commercial, or foundation 
65.20 	loan for actual costs paid for tuition and reasonable education and living expenses.
65.21 		Subd. 9.Student loan servicer. "Student loan servicer" means any person, wherever 
65.22 	located, responsible for the servicing of any student loan to any borrower, including a 
65.23 	nonbank covered person, as defined in Code of Federal Regulations, title 12, section 
65.24 	1090.101, who is responsible for the servicing of any student loan to any borrower.

65.25 	EFFECTIVE DATE. This section is effective August 1, 2021.

65.26 	Sec. 4. [58B.03] LICENSING OF STUDENT LOAN SERVICERS.
65.27 		Subdivision 1.License required. No person shall directly or indirectly act as a student 
65.28 	loan servicer without first obtaining a license from the commissioner.
65.29 		Subd. 2.Exempt persons. The following persons are exempt from the requirements of 
65.30 	this chapter:
65.31 	(1) a financial institution;
66.1 	(2) a person servicing student loans made with the person's own funds, if no more than 
66.2 	three student loans are made in any 12-month period;
66.3 	(3) an agency, instrumentality, or political subdivision of this state that makes, services, 
66.4 	or guarantees student loans;
66.5 	(4) a person acting in a fiduciary capacity, such as a trustee or receiver, as a result of a 
66.6 	specific order issued by a court of competent jurisdiction;
66.7 	(5) the University of Minnesota; or
66.8 	(6) a person exempted by order of the commissioner.
66.9 		Subd. 3.Application for licensure. (a) Any person seeking to act within the state as a 
66.10 	student loan servicer must apply for a license in a form and manner specified by the 
66.11 	commissioner. At a minimum, the application must include:
66.12 	(1) a financial statement prepared by a certified public accountant or a public accountant;
66.13 	(2) the history of criminal convictions, excluding traffic violations, for persons in control 
66.14 	of the applicant;
66.15 	(3) any information requested by the commissioner related to the history of criminal 
66.16 	convictions disclosed under clause (2);
66.17 	(4) a nonrefundable license fee established by the commissioner; and
66.18 	(5) a nonrefundable investigation fee established by the commissioner.
66.19 	(b) The commissioner may conduct a state and national criminal history records check 
66.20 	of the applicant and of each person in control or employee of the applicant.
66.21 		Subd. 4.Issuance of a license. (a) Upon receipt of a complete application for an initial 
66.22 	license and the payment of fees for a license and investigation, the commissioner must 
66.23 	investigate the financial condition and responsibility, character, financial and business 
66.24 	experience, and general fitness of the applicant. The commissioner may issue a license if 
66.25 	the commissioner finds:
66.26 	(1) the applicant's financial condition is sound;
66.27 	(2) the applicant's business will be conducted honestly, fairly, equitably, carefully, and 
66.28 	efficiently within the purposes and intent of this chapter;
66.29 	(3) each person in control of the applicant is in all respects properly qualified and of 
66.30 	good character;
67.1 	(4) no person, on behalf of the applicant, has knowingly made any incorrect statement 
67.2 	of a material fact in the application or in any report or statement made pursuant to this 
67.3 	section;
67.4 	(5) no person, on behalf of the applicant, has knowingly omitted any information required 
67.5 	by the commissioner from an application, report, or statement made pursuant to this section;
67.6 	(6) the applicant has paid the fees required under this section; and
67.7 	(7) the application has met other similar requirements as determined by the commissioner.
67.8 	(b) A license issued under this chapter is not transferable or assignable.
67.9 		Subd. 5.Notification of a change in status. An applicant or student loan servicer must 
67.10 	notify the commissioner in writing of any change in the information provided in the initial 
67.11 	application for a license or the most recent renewal application for a license. The notification 
67.12 	must be received no later than ten business days after the date of an event that results in the 
67.13 	information becoming inaccurate.
67.14 		Subd. 6.Term of license. Licenses issued under this chapter expire on December 31 of 
67.15 	each year and are renewable on January 1.
67.16 		Subd. 7.Exemption from application. (a) A person is exempt from the application 
67.17 	procedures under subdivision 3 if the commissioner determines that the person is servicing 
67.18 	student loans in this state pursuant to a contract awarded by the United States Secretary of 
67.19 	Education under United States Code, title 20, section 1087f. Documentation of eligibility 
67.20 	for this exemption shall be in a form and manner determined by the commissioner.
67.21 	(b) A person determined to be eligible for the exemption under paragraph (a) shall, upon 
67.22 	payment of the fees under subdivision 3, be issued a license and deemed to meet all of the 
67.23 	requirements of subdivision 4.
67.24 		Subd. 8.Notice. (a) A person issued a license under subdivision 7 must provide the 
67.25 	commissioner with written notice no less than seven days after the date the person's contract 
67.26 	under United States Code, title 20, section 1087f, expires, is revoked, or is terminated.
67.27 	(b) A person issued a license under subdivision 7 has 30 days from the date the 
67.28 	notification under paragraph (a) is provided to complete the requirements of subdivision 3. 
67.29 	If a person does not meet the requirements of subdivision 3 within this time period, the 
67.30 	commissioner shall immediately suspend the person's license under this chapter.
67.31 		Subd. 9.Commissioner may establish relationships or contracts. Section 58A.04, 
67.32 	subdivision 2, applies to this chapter.

68.1 	EFFECTIVE DATE. This section is effective August 1, 2021.

68.2 	Sec. 5. [58B.04] LICENSING MULTIPLE PLACES OF BUSINESS.
68.3 	A person licensed to act as a student loan servicer in this state is prohibited from servicing 
68.4 	student loans under any other name or at any other place of business than that named in the 
68.5 	license. Any time a student loan servicer changes the location of the servicer's place of 
68.6 	business, the servicer must provide prior written notice to the commissioner. A student loan 
68.7 	servicer may not maintain more than one place of business under the same license. The 
68.8 	commissioner may issue more than one license to the same student loan servicer, provided 
68.9 	that the servicer complies with the application procedures in section 58B.03 for each license.

68.10 	EFFECTIVE DATE. This section is effective August 1, 2021.

68.11 	Sec. 6. [58B.05] LICENSE RENEWAL.
68.12 		Subdivision 1.Term. Licenses are renewable on January 1 of each year.
68.13 		Subd. 2.Timely renewal. (a) A person whose application is properly and timely filed 
68.14 	who has not received notice of denial of renewal is considered approved for renewal. The 
68.15 	person may continue to act as a student loan servicer whether or not the renewed license 
68.16 	has been received on or before January 1 of the renewal year. An application for renewal 
68.17 	of a license is considered timely filed if the application is received by the commissioner, or 
68.18 	mailed with proper postage and postmarked, no later than December 15 of the year 
68.19 	immediately preceding the renewal year. An application for renewal is considered properly 
68.20 	filed if the application is made upon forms duly executed, accompanied by fees prescribed 
68.21 	by this chapter, and containing any information that the commissioner requires.
68.22 	(b) A person who fails to make a timely application for renewal of a license and who 
68.23 	has not received the renewal license as of January 1 of the renewal year is unlicensed until 
68.24 	the renewal license has been issued by the commissioner and is received by the person.
68.25 		Subd. 3.Contents of renewal application. An application for renewal of an existing 
68.26 	license must contain the information specified in section 58B.03, subdivision 3, except that 
68.27 	only the requested information having changed from the most recent prior application need 
68.28 	be submitted.
68.29 		Subd. 4.Cancellation. A student loan servicer ceasing an activity or activities regulated 
68.30 	by this chapter and desiring to no longer be licensed shall inform the commissioner in writing 
68.31 	and, at the same time, surrender the license and all other symbols or indicia of licensure. 
69.1 	The licensee shall include a plan for the withdrawal from student loan servicing, including 
69.2 	a timetable for the disposition of the student loans being serviced.
69.3 		Subd. 5.Renewal fees. The following fees must be paid to the commissioner for a 
69.4 	renewal license:
69.5 	(1) a nonrefundable renewal license fee established by the commissioner; and
69.6 	(2) a nonrefundable renewal investigation fee established by the commissioner.

69.7 	EFFECTIVE DATE. This section is effective August 1, 2021.

69.8 	Sec. 7. [58B.06] DUTIES OF STUDENT LOAN SERVICERS.
69.9 		Subdivision 1.Response requirements. Upon receiving a written communication from 
69.10 	a borrower, a student loan servicer must:
69.11 	(1) acknowledge receipt of the communication in less than ten days from the date the 
69.12 	communication is received; and
69.13 	(2) provide information relating to the communication and, if applicable, the action the 
69.14 	student loan servicer will take to either (i) correct the borrower's issue or (ii) explain why 
69.15 	the issue cannot be corrected. The information must be provided less than 30 days after the 
69.16 	date the written communication was received by the student loan servicer.
69.17 		Subd. 2.Overpayments. (a) A student loan servicer must ask a borrower in what manner 
69.18 	the borrower would like any overpayment to be applied to a student loan. A borrower's 
69.19 	instruction regarding the application of overpayments is effective for the term of the loan 
69.20 	or until the borrower provides a different instruction.
69.21 	(b) For purposes of this subdivision, "overpayment" means a payment on a student loan 
69.22 	that exceeds the monthly amount due.
69.23 		Subd. 3.Partial payments. (a) A student loan servicer must apply a partial payment in 
69.24 	a manner intended to minimize late fees and the negative impact on the borrower's credit 
69.25 	history. If a borrower has multiple student loans with the same student loan servicer, upon 
69.26 	receipt of a partial payment the servicer must apply the payments to satisfy as many 
69.27 	individual loan payments as possible.
69.28 	(b) For purposes of this subdivision, "partial payment" means a payment on a student 
69.29 	loan that is less than the monthly amount due.
70.1 		Subd. 4.Transfer of student loan. (a) If a borrower's student loan servicer changes 
70.2 	pursuant to the sale, assignment, or transfer of the servicing, the original student loan servicer 
70.3 	must:
70.4 	(1) require the new student loan servicer to honor all benefits that were made available, 
70.5 	or which may have become available, to a borrower from the original student loan servicer; 
70.6 	and
70.7 	(2) transfer to the new student loan servicer all information regarding the borrower, the 
70.8 	account of the borrower, and the borrower's student loan, including but not limited to the 
70.9 	repayment status of the student loan and the benefits described in clause (1).
70.10 	(b) The student loan servicer must complete the transfer under paragraph (a), clause (2), 
70.11 	less than 45 days from the date of the sale, assignment, or transfer of the servicing.
70.12 	(c) A sale, assignment, or transfer of the servicing must be completed no less than seven 
70.13 	days from the date the next payment is due on the student loan.
70.14 	(d) A new student loan servicer must adopt policies and procedures to verify that the 
70.15 	original student loan servicer has met the requirements of paragraph (a).
70.16 		Subd. 5.Income-driven repayment. A student loan servicer must evaluate a borrower 
70.17 	for eligibility for an income-driven repayment program before placing a borrower in 
70.18 	forbearance or default.
70.19 		Subd. 6.Records. A student loan servicer must maintain adequate records of each student 
70.20 	loan for not less than two years following the final payment on the student loan or the sale, 
70.21 	assignment, or transfer of the servicing.

70.22 	EFFECTIVE DATE. This section is effective August 1, 2021, and applies to student 
70.23 	loan contracts executed on or after that date.

70.24 	Sec. 8. [58B.07] PROHIBITED CONDUCT.
70.25 		Subdivision 1.Misleading borrowers. A student loan servicer must not directly or 
70.26 	indirectly attempt to mislead a borrower.
70.27 		Subd. 2.Misrepresentation. A student loan servicer must not engage in any unfair or 
70.28 	deceptive practice or misrepresent or omit any material information in connection with the 
70.29 	servicing of a student loan, including but not limited to misrepresenting the amount, nature, 
70.30 	or terms of any fee or payment due or claimed to be due on a student loan, the terms and 
70.31 	conditions of the loan agreement, or the borrower's obligations under the loan.
71.1 		Subd. 3.Misapplication of payments. A student loan servicer must not knowingly or 
71.2 	negligently misapply student loan payments.
71.3 		Subd. 4.Inaccurate information. A student loan servicer must not knowingly or 
71.4 	negligently provide inaccurate information to any consumer reporting agency.
71.5 		Subd. 5.Reporting of payment history. A student loan servicer must not fail to report 
71.6 	both the favorable and unfavorable payment history of the borrower to a consumer reporting 
71.7 	agency at least annually, if the student loan servicer regularly reports payment history 
71.8 	information.
71.9 		Subd. 6.Refusal to communicate with a borrower's representative. A student loan 
71.10 	servicer must not refuse to communicate with a representative of the borrower who provides 
71.11 	a written authorization signed by the borrower. The student loan servicer may adopt 
71.12 	procedures reasonably related to verifying that the representative is in fact authorized to act 
71.13 	on behalf of the borrower.
71.14 		Subd. 7.False statements and omissions. A student loan servicer must not knowingly 
71.15 	or negligently make any false statement or omission of material fact in connection with any 
71.16 	application, information, or reports filed with the commissioner or any other federal, state, 
71.17 	or local government agency.
71.18 		Subd. 8.Noncompliance with applicable laws. A student loan servicer must not violate 
71.19 	any other federal, state, or local laws, including those related to fraudulent, coercive, or 
71.20 	dishonest practices.
71.21 		Subd. 9.Incorrect information regarding student loan forgiveness. A student loan 
71.22 	servicer must not misrepresent the availability of student loan forgiveness for which the 
71.23 	servicer has reason to know the borrower is eligible. This includes but is not limited to 
71.24 	student loan forgiveness programs specific to military borrowers, borrowers working in 
71.25 	public service, or borrowers with disabilities.
71.26 		Subd. 10.Compliance with servicer duties. A student loan servicer must comply with 
71.27 	the duties and obligations under section 58B.06.

71.28 	EFFECTIVE DATE. This section is effective August 1, 2021.

71.29 	Sec. 9. [58B.08] EXAMINATIONS.
71.30 	The commissioner has the same powers with respect to examinations of student loan 
71.31 	servicers under this chapter that the commissioner has under section 46.04.

71.32 	EFFECTIVE DATE. This section is effective August 1, 2021.

72.1 	Sec. 10. [58B.09] DENIAL; SUSPENSION; REVOCATION OF LICENSES.
72.2 		Subdivision 1.Powers of commissioner. (a) The commissioner may by order take any 
72.3 	or all of the following actions:
72.4 	(1) bar a person from engaging in student loan servicing;
72.5 	(2) deny, suspend, or revoke a student loan servicer license;
72.6 	(3) censure a student loan servicer;
72.7 	(4) impose a civil penalty, as provided in section 45.027, subdivision 6;
72.8 	(5) order restitution to the borrower, if applicable; or
72.9 	(6) revoke an exemption.
72.10 	(b) In order to take the action in paragraph (a), the commissioner must find:
72.11 	(1) the order is in the public interest; and
72.12 	(2) the student loan servicer, applicant, person in control, employee, or agent has:
72.13 	(i) violated any provision of this chapter or a rule or order adopted or issued under this 
72.14 	chapter;
72.15 	(ii) violated a standard of conduct or engaged in a fraudulent, coercive, deceptive, or 
72.16 	dishonest act or practice, including but not limited to negligently making a false statement 
72.17 	or knowingly omitting a material fact, whether or not the act or practice involves student 
72.18 	loan servicing;
72.19 	(iii) engaged in an act or practice that demonstrates untrustworthiness, financial 
72.20 	irresponsibility, or incompetence, whether or not the act or practice involves student loan 
72.21 	servicing;
72.22 	(iv) pled guilty or nolo contendere to or been convicted of a felony, gross misdemeanor, 
72.23 	or misdemeanor;
72.24 	(v) paid a civil penalty or been the subject of a disciplinary action by the commissioner, 
72.25 	order of suspension or revocation, cease and desist order, injunction order, or order barring 
72.26 	involvement in an industry or profession issued by the commissioner or any other federal, 
72.27 	state, or local government agency;
72.28 	(vi) been found by a court of competent jurisdiction to have engaged in conduct 
72.29 	evidencing gross negligence, fraud, misrepresentation, or deceit;
72.30 	(vii) refused to cooperate with an investigation or examination by the commissioner;
73.1 	(viii) failed to pay any fee or assessment imposed by the commissioner; or
73.2 	(ix) failed to comply with state and federal tax obligations.
73.3 		Subd. 2.Orders of the commissioner. To begin a proceeding under this section, the 
73.4 	commissioner shall issue an order requiring the subject of the proceeding to show cause 
73.5 	why action should not be taken against the person according to this section. The order must 
73.6 	be calculated to give reasonable notice of the time and place for the hearing and must state 
73.7 	the reasons for entry of the order. The commissioner may by order summarily suspend a 
73.8 	license or exemption or summarily bar a person from engaging in student loan servicing 
73.9 	pending a final determination of an order to show cause. If a license or exemption is 
73.10 	summarily suspended or if the person is summarily barred from any involvement in the 
73.11 	servicing of student loans pending final determination of an order to show cause, a hearing 
73.12 	on the merits must be held within 30 days of the issuance of the order of summary suspension 
73.13 	or bar. All hearings must be conducted under chapter 14. After the hearing, the commissioner 
73.14 	shall enter an order disposing of the matter as the facts require. If the subject of the order 
73.15 	fails to appear at a hearing after having been duly notified, the person is considered in default 
73.16 	and the proceeding may be determined against the subject of the order upon consideration 
73.17 	of the order to show cause, the allegations of which may be considered to be true.
73.18 		Subd. 3.Actions against lapsed license. If a license or certificate of exemption lapses; 
73.19 	is surrendered, withdrawn, or terminated; or otherwise becomes ineffective, the commissioner 
73.20 	may (1) institute a proceeding under this subdivision within two years after the license or 
73.21 	certificate of exemption was last effective and enter a revocation or suspension order as of 
73.22 	the last date on which the license or certificate of exemption was in effect, and (2) impose 
73.23 	a civil penalty as provided for in this section or section 45.027, subdivision 6.

73.24 	EFFECTIVE DATE. This section is effective August 1, 2021.

73.25 	Sec. 11. [58B.10] DATA PRACTICES.
73.26 		Subdivision 1.Classification of data. Data collected, created, received, maintained, or 
73.27 	disseminated by the Department of Commerce under this chapter are governed by section 
73.28 	46.07.
73.29 		Subd. 2.Data sharing. To the extent data collected, created, received, maintained, or 
73.30 	disseminated under this chapter are not public data as defined by section 13.02, subdivision 
73.31 	8a, the data may, when necessary to accomplish the purpose of this chapter, be shared 
73.32 	between:
73.33 	(1) the United States Department of Education;
74.1 	(2) the Office of Higher Education;
74.2 	(3) the Department of Commerce;
74.3 	(4) the Office of the Attorney General; and
74.4 	(5) any other local, state, and federal law enforcement agencies.

74.5 	EFFECTIVE DATE. This section is effective August 1, 2021.

74.6 	Sec. 12. Minnesota Statutes 2020, section 65B.15, subdivision 1, is amended to read:
74.7 		Subdivision 1.Grounds and notice. No cancellation or reduction in the limits of liability 
74.8 	of coverage during the policy period of any policy shall be effective unless notice thereof 
74.9 	is given and unless based on one or more reasons stated in the policy which shall be limited 
74.10 	to the following:
74.11 	1. nonpayment of premium; or
74.12 	2. the policy was obtained through a material misrepresentation; or
74.13 	3. any insured made a false or fraudulent claim or knowingly aided or abetted another 
74.14 	in the presentation of such a claim; or
74.15 	4. the named insured failed to disclose fully motor vehicle accidents and moving traffic 
74.16 	violations of the named insured for the preceding 36 months if called for in the written 
74.17 	application; or
74.18 	5. the named insured failed to disclose in the written application any requested information 
74.19 	necessary for the acceptance or proper rating of the risk; or
74.20 	6. the named insured knowingly failed to give any required written notice of loss or 
74.21 	notice of lawsuit commenced against the named insured, or, when requested, refused to 
74.22 	cooperate in the investigation of a claim or defense of a lawsuit; or
74.23 	7. the named insured or any other operator who either resides in the same household, or 
74.24 	customarily operates an automobile insured under such policy, unless the other operator is 
74.25 	identified as a named insured in another policy as an insured:
74.26 	(a) has, within the 36 months prior to the notice of cancellation, had that person's driver's 
74.27 	license under suspension or revocation because the person committed a moving traffic 
74.28 	violation or because the person refused to be tested under section 169A.20, subdivision 1; 
74.29 	or
74.30 	(b) is or becomes subject to epilepsy or heart attacks, and such individual does not 
74.31 	produce a written opinion from a physician testifying to that person's medical ability to 
75.1 	operate a motor vehicle safely, such opinion to be based upon a reasonable medical 
75.2 	probability; or
75.3 	(c) has an accident record, conviction record (criminal or traffic), physical condition or 
75.4 	mental condition, any one or all of which are such that the person's operation of an automobile 
75.5 	might endanger the public safety; or
75.6 	(d) has been convicted, or forfeited bail, during the 24 months immediately preceding 
75.7 	the notice of cancellation for criminal negligence in the use or operation of an automobile, 
75.8 	or assault arising out of the operation of a motor vehicle, or operating a motor vehicle while 
75.9 	in an intoxicated condition or while under the influence of drugs; or leaving the scene of 
75.10 	an accident without stopping to report; or making false statements in an application for a 
75.11 	driver's license, or theft or unlawful taking of a motor vehicle; or
75.12 	(e) has been convicted of, or forfeited bail for, one or more violations within the 18 
75.13 	months immediately preceding the notice of cancellation, of any law, ordinance, or rule 
75.14 	which justify a revocation of a driver's license; or
75.15 	8. the insured automobile is:
75.16 	(a) so mechanically defective that its operation might endanger public safety; or
75.17 	(b) used in carrying passengers for hire or compensation, provided however that the use 
75.18 	of an automobile for a car pool or a private passenger vehicle used by a volunteer driver, 
75.19 	as defined under section 65B.472, subdivision 1, paragraph (h), shall not be considered use 
75.20 	of an automobile for hire or compensation; or
75.21 	(c) used in the business of transportation of flammables or explosives; or
75.22 	(d) an authorized emergency vehicle; or
75.23 	(e) subject to an inspection law and has not been inspected or, if inspected, has failed 
75.24 	to qualify within the period specified under such inspection law; or
75.25 	(f) substantially changed in type or condition during the policy period, increasing the 
75.26 	risk substantially, such as conversion to a commercial type vehicle, a dragster, sports car 
75.27 	or so as to give clear evidence of a use other than the original use.

75.28 	Sec. 13. Minnesota Statutes 2020, section 65B.43, subdivision 12, is amended to read:
75.29 		Subd. 12.Commercial vehicle. "Commercial vehicle" means:
75.30 	(a) any motor vehicle used as a common carrier,
76.1 	(b) any motor vehicle, other than a passenger vehicle defined in section 168.002, 
76.2 	subdivision 24, which has a curb weight in excess of 5,500 pounds apart from cargo capacity, 
76.3 	or
76.4 	(c) any motor vehicle while used in the for-hire transportation of property.
76.5 	Commercial vehicle does not include a "commuter van," which for purposes of this 
76.6 	chapter shall mean means (1) a motor vehicle having a capacity of seven to 16 persons 
76.7 	which is used principally to provide prearranged transportation of persons to or from their 
76.8 	place of employment or to or from a transit stop authorized by a local transit authority which 
76.9 	vehicle is to be operated by a person who does not drive the vehicle as a principal occupation 
76.10 	but is driving it only to or from the principal place of employment, to or from a transit stop 
76.11 	authorized by a local transit authority or, for personal use as permitted by the owner of the 
76.12 	vehicle, or (2) a private passenger vehicle driven by a volunteer driver.

76.13 	Sec. 14. Minnesota Statutes 2020, section 65B.472, subdivision 1, is amended to read:
76.14 		Subdivision 1.Definitions. (a) Unless a different meaning is expressly made applicable, 
76.15 	the terms defined in paragraphs (b) through (g) have the meanings given them for the 
76.16 	purposes of this chapter.
76.17 	(b) A "digital network" means any online-enabled application, software, website, or 
76.18 	system offered or utilized by a transportation network company that enables the 
76.19 	prearrangement of rides with transportation network company drivers.
76.20 	(c) A "personal vehicle" means a vehicle that is used by a transportation network company 
76.21 	driver in connection with providing a prearranged ride and is:
76.22 	(1) owned, leased, or otherwise authorized for use by the transportation network company 
76.23 	driver; and
76.24 	(2) not a taxicab, limousine, or for-hire vehicle, or a private passenger vehicle driven 
76.25 	by a volunteer driver.
76.26 	(d) A "prearranged ride" means the provision of transportation by a driver to a rider, 
76.27 	beginning when a driver accepts a ride requested by a rider through a digital network 
76.28 	controlled by a transportation network company, continuing while the driver transports a 
76.29 	requesting rider, and ending when the last requesting rider departs from the personal vehicle. 
76.30 	A prearranged ride does not include transportation provided using a taxicab, limousine, or 
76.31 	other for-hire vehicle.
77.1 	(e) A "transportation network company" means a corporation, partnership, sole 
77.2 	proprietorship, or other entity that is operating in Minnesota that uses a digital network to 
77.3 	connect transportation network company riders to transportation network company drivers 
77.4 	who provide prearranged rides.
77.5 	(f) A "transportation network company driver" or "driver" means an individual who:
77.6 	(1) receives connections to potential riders and related services from a transportation 
77.7 	network company in exchange for payment of a fee to the transportation network company; 
77.8 	and
77.9 	(2) uses a personal vehicle to provide a prearranged ride to riders upon connection 
77.10 	through a digital network controlled by a transportation network company in return for 
77.11 	compensation or payment of a fee.
77.12 	(g) A "transportation network company rider" or "rider" means an individual or persons 
77.13 	who use a transportation network company's digital network to connect with a transportation 
77.14 	network driver who provides prearranged rides to the rider in the driver's personal vehicle 
77.15 	between points chosen by the rider.
77.16 	(h) A "volunteer driver" means an individual who transports persons or goods on behalf 
77.17 	of a nonprofit entity or governmental unit in a private passenger vehicle and receives no 
77.18 	compensation for services provided other than the reimbursement of actual expenses.

77.19 	Sec. 15. Minnesota Statutes 2020, section 174.29, subdivision 1, is amended to read:
77.20 		Subdivision 1.Definition. For the purpose of sections 174.29 and 174.30 "special 
77.21 	transportation service" means motor vehicle transportation provided on a regular basis by 
77.22 	a public or private entity or person that is designed exclusively or primarily to serve 
77.23 	individuals who are elderly or disabled and who are unable to use regular means of 
77.24 	transportation but do not require ambulance service, as defined in section 144E.001, 
77.25 	subdivision 3. Special transportation service includes but is not limited to service provided 
77.26 	by specially equipped buses, vans, taxis, and volunteers driving volunteer drivers, as defined 
77.27 	in section 65B.472, subdivision 1, paragraph (h), using private automobiles. Special 
77.28 	transportation service also means those nonemergency medical transportation services under 
77.29 	section 256B.0625, subdivision 17, that are subject to the operating standards for special 
77.30 	transportation service under sections 174.29 to 174.30 and Minnesota Rules, chapter 8840.

78.1 	Sec. 16. Minnesota Statutes 2020, section 174.30, subdivision 1, is amended to read:
78.2 		Subdivision 1.Applicability. (a) The operating standards for special transportation 
78.3 	service adopted under this section do not apply to special transportation provided by:
78.4 	(1) a public transit provider receiving financial assistance under sections 174.24 or 
78.5 	473.371 to 473.449;
78.6 	(2) a volunteer driver, as defined in section 65B.472, subdivision 1, paragraph (h), using 
78.7 	a private automobile;
78.8 	(3) a school bus as defined in section 169.011, subdivision 71; or
78.9 	(4) an emergency ambulance regulated under chapter 144.
78.10 	(b) The operating standards adopted under this section only apply to providers of special 
78.11 	transportation service who receive grants or other financial assistance from either the state 
78.12 	or the federal government, or both, to provide or assist in providing that service; except that 
78.13 	the operating standards adopted under this section do not apply to any nursing home licensed 
78.14 	under section 144A.02, to any board and care facility licensed under section 144.50, or to 
78.15 	any day training and habilitation services, day care, or group home facility licensed under 
78.16 	sections 245A.01 to 245A.19 unless the facility or program provides transportation to 
78.17 	nonresidents on a regular basis and the facility receives reimbursement, other than per diem 
78.18 	payments, for that service under rules promulgated by the commissioner of human services.
78.19 	(c) Notwithstanding paragraph (b), the operating standards adopted under this section 
78.20 	do not apply to any vendor of services licensed under chapter 245D that provides 
78.21 	transportation services to consumers or residents of other vendors licensed under chapter 
78.22 	245D and transports 15 or fewer persons, including consumers or residents and the driver.

78.23 	Sec. 17. Minnesota Statutes 2020, section 174.30, subdivision 10, is amended to read:
78.24 		Subd. 10.Background studies. (a) Providers of special transportation service regulated 
78.25 	under this section must initiate background studies in accordance with chapter 245C on the 
78.26 	following individuals:
78.27 	(1) each person with a direct or indirect ownership interest of five percent or higher in 
78.28 	the transportation service provider;
78.29 	(2) each controlling individual as defined under section 245A.02;
78.30 	(3) managerial officials as defined in section 245A.02;
78.31 	(4) each driver employed by the transportation service provider;
79.1 	(5) each individual employed by the transportation service provider to assist a passenger 
79.2 	during transport; and
79.3 	(6) all employees of the transportation service agency who provide administrative support, 
79.4 	including those who:
79.5 	(i) may have face-to-face contact with or access to passengers, their personal property, 
79.6 	or their private data;
79.7 	(ii) perform any scheduling or dispatching tasks; or
79.8 	(iii) perform any billing activities.
79.9 	(b) The transportation service provider must initiate the background studies required 
79.10 	under paragraph (a) using the online NETStudy system operated by the commissioner of 
79.11 	human services.
79.12 	(c) The transportation service provider shall not permit any individual to provide any 
79.13 	service or function listed in paragraph (a) until the transportation service provider has 
79.14 	received notification from the commissioner of human services indicating that the individual:
79.15 	(1) is not disqualified under chapter 245C; or
79.16 	(2) is disqualified, but has received a set-aside of that disqualification according to 
79.17 	sections 245C.22 and 245C.23 related to that transportation service provider.
79.18 	(d) When a local or contracted agency is authorizing a ride under section 256B.0625, 
79.19 	subdivision 17, by a volunteer driver, as defined in section 65B.472, subdivision 1, paragraph 
79.20 	(h), and the agency authorizing the ride has reason to believe the volunteer driver has a 
79.21 	history that would disqualify the individual or that may pose a risk to the health or safety 
79.22 	of passengers, the agency may initiate a background study to be completed according to 
79.23 	chapter 245C using the commissioner of human services' online NETStudy system, or 
79.24 	through contacting the Department of Human Services background study division for 
79.25 	assistance. The agency that initiates the background study under this paragraph shall be 
79.26 	responsible for providing the volunteer driver with the privacy notice required under section 
79.27 	245C.05, subdivision 2c, and payment for the background study required under section 
79.28 	245C.10, subdivision 11, before the background study is completed.

79.29 	Sec. 18. Minnesota Statutes 2020, section 221.031, subdivision 3b, is amended to read:
79.30 		Subd. 3b.Passenger transportation; exemptions. (a) A person who transports 
79.31 	passengers for hire in intrastate commerce, who is not made subject to the rules adopted in 
79.32 	section 221.0314 by any other provision of this section, must comply with the rules for 
80.1 	hours of service of drivers while transporting employees of an employer who is directly or 
80.2 	indirectly paying the cost of the transportation.
80.3 	(b) This subdivision does not apply to:
80.4 	(1) a local transit commission;
80.5 	(2) a transit authority created by law; or
80.6 	(3) persons providing transportation:
80.7 	(i) in a school bus as defined in section 169.011, subdivision 71;
80.8 	(ii) in a Head Start bus as defined in section 169.011, subdivision 34;
80.9 	(iii) in a commuter van;
80.10 	(iv) in an authorized emergency vehicle as defined in section 169.011, subdivision 3;
80.11 	(v) in special transportation service certified by the commissioner under section 174.30;
80.12 	(vi) that is special transportation service as defined in section 174.29, subdivision 1, 
80.13 	when provided by a volunteer driver, as defined in section 65B.472, subdivision 1, paragraph 
80.14 	(h), operating a private passenger vehicle as defined in section 169.011, subdivision 52;
80.15 	(vii) in a limousine the service of which is licensed by the commissioner under section 
80.16 	221.84; or
80.17 	(viii) in a taxicab, if the fare for the transportation is determined by a meter inside the 
80.18 	taxicab that measures the distance traveled and displays the fare accumulated.

80.19 	Sec. 19. Minnesota Statutes 2020, section 256B.0625, subdivision 17, is amended to read:
80.20 		Subd. 17.Transportation costs. (a) "Nonemergency medical transportation service" 
80.21 	means motor vehicle transportation provided by a public or private person that serves 
80.22 	Minnesota health care program beneficiaries who do not require emergency ambulance 
80.23 	service, as defined in section 144E.001, subdivision 3, to obtain covered medical services.
80.24 	(b) Medical assistance covers medical transportation costs incurred solely for obtaining 
80.25 	emergency medical care or transportation costs incurred by eligible persons in obtaining 
80.26 	emergency or nonemergency medical care when paid directly to an ambulance company, 
80.27 	nonemergency medical transportation company, or other recognized providers of 
80.28 	transportation services. Medical transportation must be provided by:
80.29 	(1) nonemergency medical transportation providers who meet the requirements of this 
80.30 	subdivision;
81.1 	(2) ambulances, as defined in section 144E.001, subdivision 2;
81.2 	(3) taxicabs that meet the requirements of this subdivision;
81.3 	(4) public transit, as defined in section 174.22, subdivision 7; or
81.4 	(5) not-for-hire vehicles, including volunteer drivers, as defined in section 65B.472, 
81.5 	subdivision 1, paragraph (h).
81.6 	(c) Medical assistance covers nonemergency medical transportation provided by 
81.7 	nonemergency medical transportation providers enrolled in the Minnesota health care 
81.8 	programs. All nonemergency medical transportation providers must comply with the 
81.9 	operating standards for special transportation service as defined in sections 174.29 to 174.30 
81.10 	and Minnesota Rules, chapter 8840, and all drivers must be individually enrolled with the 
81.11 	commissioner and reported on the claim as the individual who provided the service. All 
81.12 	nonemergency medical transportation providers shall bill for nonemergency medical 
81.13 	transportation services in accordance with Minnesota health care programs criteria. Publicly 
81.14 	operated transit systems, volunteers, and not-for-hire vehicles are exempt from the 
81.15 	requirements outlined in this paragraph.
81.16 	(d) An organization may be terminated, denied, or suspended from enrollment if:
81.17 	(1) the provider has not initiated background studies on the individuals specified in 
81.18 	section 174.30, subdivision 10, paragraph (a), clauses (1) to (3); or
81.19 	(2) the provider has initiated background studies on the individuals specified in section 
81.20 	174.30, subdivision 10, paragraph (a), clauses (1) to (3), and:
81.21 	(i) the commissioner has sent the provider a notice that the individual has been 
81.22 	disqualified under section 245C.14; and
81.23 	(ii) the individual has not received a disqualification set-aside specific to the special 
81.24 	transportation services provider under sections 245C.22 and 245C.23.
81.25 	(e) The administrative agency of nonemergency medical transportation must:
81.26 	(1) adhere to the policies defined by the commissioner in consultation with the 
81.27 	Nonemergency Medical Transportation Advisory Committee;
81.28 	(2) pay nonemergency medical transportation providers for services provided to 
81.29 	Minnesota health care programs beneficiaries to obtain covered medical services;
81.30 	(3) provide data monthly to the commissioner on appeals, complaints, no-shows, canceled 
81.31 	trips, and number of trips by mode; and
82.1 	(4) by July 1, 2016, in accordance with subdivision 18e, utilize a web-based single 
82.2 	administrative structure assessment tool that meets the technical requirements established 
82.3 	by the commissioner, reconciles trip information with claims being submitted by providers, 
82.4 	and ensures prompt payment for nonemergency medical transportation services.
82.5 	(f) Until the commissioner implements the single administrative structure and delivery 
82.6 	system under subdivision 18e, clients shall obtain their level-of-service certificate from the 
82.7 	commissioner or an entity approved by the commissioner that does not dispatch rides for 
82.8 	clients using modes of transportation under paragraph (i), clauses (4), (5), (6), and (7).
82.9 	(g) The commissioner may use an order by the recipient's attending physician, advanced 
82.10 	practice registered nurse, or a medical or mental health professional to certify that the 
82.11 	recipient requires nonemergency medical transportation services. Nonemergency medical 
82.12 	transportation providers shall perform driver-assisted services for eligible individuals, when 
82.13 	appropriate. Driver-assisted service includes passenger pickup at and return to the individual's 
82.14 	residence or place of business, assistance with admittance of the individual to the medical 
82.15 	facility, and assistance in passenger securement or in securing of wheelchairs, child seats, 
82.16 	or stretchers in the vehicle.
82.17 	Nonemergency medical transportation providers must take clients to the health care 
82.18 	provider using the most direct route, and must not exceed 30 miles for a trip to a primary 
82.19 	care provider or 60 miles for a trip to a specialty care provider, unless the client receives 
82.20 	authorization from the local agency.
82.21 	Nonemergency medical transportation providers may not bill for separate base rates for 
82.22 	the continuation of a trip beyond the original destination. Nonemergency medical 
82.23 	transportation providers must maintain trip logs, which include pickup and drop-off times, 
82.24 	signed by the medical provider or client, whichever is deemed most appropriate, attesting 
82.25 	to mileage traveled to obtain covered medical services. Clients requesting client mileage 
82.26 	reimbursement must sign the trip log attesting mileage traveled to obtain covered medical 
82.27 	services.
82.28 	(h) The administrative agency shall use the level of service process established by the 
82.29 	commissioner in consultation with the Nonemergency Medical Transportation Advisory 
82.30 	Committee to determine the client's most appropriate mode of transportation. If public transit 
82.31 	or a certified transportation provider is not available to provide the appropriate service mode 
82.32 	for the client, the client may receive a onetime service upgrade.
82.33 	(i) The covered modes of transportation are:
83.1 	(1) client reimbursement, which includes client mileage reimbursement provided to 
83.2 	clients who have their own transportation, or to family or an acquaintance who provides 
83.3 	transportation to the client;
83.4 	(2) volunteer transport, which includes transportation by volunteers using their own 
83.5 	vehicle;
83.6 	(3) unassisted transport, which includes transportation provided to a client by a taxicab 
83.7 	or public transit. If a taxicab or public transit is not available, the client can receive 
83.8 	transportation from another nonemergency medical transportation provider;
83.9 	(4) assisted transport, which includes transport provided to clients who require assistance 
83.10 	by a nonemergency medical transportation provider;
83.11 	(5) lift-equipped/ramp transport, which includes transport provided to a client who is 
83.12 	dependent on a device and requires a nonemergency medical transportation provider with 
83.13 	a vehicle containing a lift or ramp;
83.14 	(6) protected transport, which includes transport provided to a client who has received 
83.15 	a prescreening that has deemed other forms of transportation inappropriate and who requires 
83.16 	a provider: (i) with a protected vehicle that is not an ambulance or police car and has safety 
83.17 	locks, a video recorder, and a transparent thermoplastic partition between the passenger and 
83.18 	the vehicle driver; and (ii) who is certified as a protected transport provider; and
83.19 	(7) stretcher transport, which includes transport for a client in a prone or supine position 
83.20 	and requires a nonemergency medical transportation provider with a vehicle that can transport 
83.21 	a client in a prone or supine position.
83.22 	(j) The local agency shall be the single administrative agency and shall administer and 
83.23 	reimburse for modes defined in paragraph (i) according to paragraphs (m) and (n) when the 
83.24 	commissioner has developed, made available, and funded the web-based single administrative 
83.25 	structure, assessment tool, and level of need assessment under subdivision 18e. The local 
83.26 	agency's financial obligation is limited to funds provided by the state or federal government.
83.27 	(k) The commissioner shall:
83.28 	(1) in consultation with the Nonemergency Medical Transportation Advisory Committee, 
83.29 	verify that the mode and use of nonemergency medical transportation is appropriate;
83.30 	(2) verify that the client is going to an approved medical appointment; and
83.31 	(3) investigate all complaints and appeals.
84.1 	(l) The administrative agency shall pay for the services provided in this subdivision and 
84.2 	seek reimbursement from the commissioner, if appropriate. As vendors of medical care, 
84.3 	local agencies are subject to the provisions in section 256B.041, the sanctions and monetary 
84.4 	recovery actions in section 256B.064, and Minnesota Rules, parts 9505.2160 to 9505.2245.
84.5 	(m) Payments for nonemergency medical transportation must be paid based on the client's 
84.6 	assessed mode under paragraph (h), not the type of vehicle used to provide the service. The 
84.7 	medical assistance reimbursement rates for nonemergency medical transportation services 
84.8 	that are payable by or on behalf of the commissioner for nonemergency medical 
84.9 	transportation services are:
84.10 	(1) $0.22 per mile for client reimbursement;
84.11 	(2) up to 100 percent of the Internal Revenue Service business deduction rate for volunteer 
84.12 	transport;
84.13 	(3) equivalent to the standard fare for unassisted transport when provided by public 
84.14 	transit, and $11 for the base rate and $1.30 per mile when provided by a nonemergency 
84.15 	medical transportation provider;
84.16 	(4) $13 for the base rate and $1.30 per mile for assisted transport;
84.17 	(5) $18 for the base rate and $1.55 per mile for lift-equipped/ramp transport;
84.18 	(6) $75 for the base rate and $2.40 per mile for protected transport; and
84.19 	(7) $60 for the base rate and $2.40 per mile for stretcher transport, and $9 per trip for 
84.20 	an additional attendant if deemed medically necessary.
84.21 	(n) The base rate for nonemergency medical transportation services in areas defined 
84.22 	under RUCA to be super rural is equal to 111.3 percent of the respective base rate in 
84.23 	paragraph (m), clauses (1) to (7). The mileage rate for nonemergency medical transportation 
84.24 	services in areas defined under RUCA to be rural or super rural areas is:
84.25 	(1) for a trip equal to 17 miles or less, equal to 125 percent of the respective mileage 
84.26 	rate in paragraph (m), clauses (1) to (7); and
84.27 	(2) for a trip between 18 and 50 miles, equal to 112.5 percent of the respective mileage 
84.28 	rate in paragraph (m), clauses (1) to (7).
84.29 	(o) For purposes of reimbursement rates for nonemergency medical transportation 
84.30 	services under paragraphs (m) and (n), the zip code of the recipient's place of residence 
84.31 	shall determine whether the urban, rural, or super rural reimbursement rate applies.
85.1 	(p) For purposes of this subdivision, "rural urban commuting area" or "RUCA" means 
85.2 	a census-tract based classification system under which a geographical area is determined 
85.3 	to be urban, rural, or super rural.
85.4 	(q) The commissioner, when determining reimbursement rates for nonemergency medical 
85.5 	transportation under paragraphs (m) and (n), shall exempt all modes of transportation listed 
85.6 	under paragraph (i) from Minnesota Rules, part 9505.0445, item R, subitem (2).

85.7 	Sec. 20. Minnesota Statutes 2020, section 325E.21, subdivision 1, is amended to read:
85.8 		Subdivision 1.Definitions. (a) For purposes of this section, the terms defined in this 
85.9 	subdivision have the meanings given.
85.10 	(b) "Commissioner" means the commissioner of commerce.
85.11 	(b) (c) "Law enforcement agency" or "agency" means a duly authorized municipal, 
85.12 	county, state, or federal law enforcement agency.
85.13 	(c) (d) "Person" means an individual, partnership, limited partnership, limited liability 
85.14 	company, corporation, or other entity.
85.15 	(d) (e) "Scrap metal" means:
85.16 	(1) wire and cable commonly and customarily used by communication and electric 
85.17 	utilities; and
85.18 	(2) copper, aluminum, or any other metal purchased primarily for its reuse or recycling 
85.19 	value as raw metal, including metal that is combined with other materials at the time of 
85.20 	purchase, but does not include a scrap vehicle as defined in section 168A.1501, subdivision 
85.21 	1.
85.22 	(e) (f) "Scrap metal dealer" or "dealer" means a person engaged in the business of buying 
85.23 	or selling scrap metal, or both.
85.24 	The terms do not include a person engaged exclusively in the business of buying or selling 
85.25 	new or used motor vehicles, paper or wood products, rags or furniture, or secondhand 
85.26 	machinery.
85.27 	(f) (g) "Seller" means any seller, prospective seller, or agent of the seller.
85.28 	(g) (h) "Proof of identification" means a driver's license, Minnesota identification card 
85.29 	number, or other identification document issued for identification purposes by any state, 
85.30 	federal, or foreign government if the document includes the person's photograph, full name, 
85.31 	birth date, and signature.

86.1 	Sec. 21. Minnesota Statutes 2020, section 325E.21, subdivision 1b, is amended to read:
86.2 		Subd. 1b.Purchase or acquisition record required. (a) Any person who purchases or 
86.3 	receives a catalytic converter must comply with this section.
86.4 	(a) (b) Every scrap metal dealer, including an agent, employee, or representative of the 
86.5 	dealer, shall create a permanent record written in English, using an electronic record program 
86.6 	at the time of each purchase or acquisition of scrap metal. The record must include:
86.7 	(1) a complete and accurate account or description, including the weight if customarily 
86.8 	purchased by weight, of the scrap metal purchased or acquired;
86.9 	(2) the date, time, and place of the receipt of the scrap metal purchased or acquired and 
86.10 	a unique transaction identifier;
86.11 	(3) a photocopy or electronic scan of the seller's proof of identification including the 
86.12 	identification number;
86.13 	(4) the amount paid and the number of the check or electronic transfer used to purchase 
86.14 	the scrap metal;
86.15 	(5) the license plate number and description of the vehicle used by the person when 
86.16 	delivering the scrap metal, including the vehicle make and model, and any identifying marks 
86.17 	on the vehicle, such as a business name, decals, or markings, if applicable;
86.18 	(6) a statement signed by the seller, under penalty of perjury as provided in section 
86.19 	609.48, attesting that the scrap metal is not stolen and is free of any liens or encumbrances 
86.20 	and the seller has the right to sell it; and
86.21 	(7) a copy of the receipt, which must include at least the following information: the name 
86.22 	and address of the dealer, the date and time the scrap metal was received by the dealer, an 
86.23 	accurate description of the scrap metal, and the amount paid for the scrap metal.;
86.24 	(8) in order to purchase a detached catalytic converter, any numbers, bar codes, stickers, 
86.25 	or other unique markings that result from the pilot project created under subdivision 2b; 
86.26 	and
86.27 	(9) the name of the person who removed the catalytic converter.
86.28 	(b) (c) The record, as well as the scrap metal purchased or received, shall at all reasonable 
86.29 	times be open to the inspection of any properly identified law enforcement officer.
86.30 	(c) (d) No record is required for property purchased from merchants, manufacturers, 
86.31 	salvage pools, insurance companies, rental car companies, financial institutions, charities, 
86.32 	dealers licensed under section 168.27, or wholesale dealers, having an established place of 
87.1 	business, or of any goods purchased at open sale from any bankrupt stock, but a receipt as 
87.2 	required under paragraph (a) (b), clause (7), shall be obtained and kept by the person, which 
87.3 	must be shown upon demand to any properly identified law enforcement officer.
87.4 	(d) (e) The dealer must provide a copy of the receipt required under paragraph (a) (b), 
87.5 	clause (7), to the seller in every transaction.
87.6 	(e) (f) Law enforcement agencies in the jurisdiction where a dealer is located may conduct 
87.7 	regular and routine inspections to ensure compliance, refer violations to the city or county 
87.8 	attorney for criminal prosecution, and notify the registrar of motor vehicles.
87.9 	(f) (g) Except as otherwise provided in this section, a scrap metal dealer or the dealer's 
87.10 	agent, employee, or representative may not disclose personal information concerning a 
87.11 	customer without the customer's consent unless the disclosure is required by law or made 
87.12 	in response to a request from a law enforcement agency. A scrap metal dealer must implement 
87.13 	reasonable safeguards to protect the security of the personal information and prevent 
87.14 	unauthorized access to or disclosure of the information. For purposes of this paragraph, 
87.15 	"personal information" is any individually identifiable information gathered in connection 
87.16 	with a record under paragraph (a).

87.17 	Sec. 22. Minnesota Statutes 2020, section 325E.21, is amended by adding a subdivision 
87.18 	to read:
87.19 		Subd. 2b.Catalytic converter theft prevention pilot project. (a) The catalytic converter 
87.20 	theft prevention pilot project is created to deter the theft of catalytic converters by marking 
87.21 	them with vehicle identification numbers or other unique identifiers.
87.22 	(b) The commissioner shall establish a procedure to mark the catalytic converters of 
87.23 	vehicles most likely to be targeted for theft with unique identification numbers using labels, 
87.24 	engraving, theft deterrence paint, or other methods that permanently mark the catalytic 
87.25 	converter without damaging its function.
87.26 	(c) The commissioner shall work with law enforcement agencies, insurance companies, 
87.27 	and scrap metal dealers to identify vehicles that are most frequently targeted for catalytic 
87.28 	converter theft and to establish the most effective methods for marking catalytic converters.
87.29 	(d) Materials purchased under this program may be distributed to dealers, as defined in 
87.30 	section 168.002, subdivision 6, automobile repair shops and service centers, law enforcement 
87.31 	agencies, and community organizations to arrange for the marking of the catalytic converters 
87.32 	of vehicles most likely to be targeted for theft at no cost to the vehicle owners.
88.1 	(e) The commissioner may prioritize distribution of materials to areas experiencing the 
88.2 	highest rates of catalytic converter theft.
88.3 	(f) The commissioner must make educational information resulting from the pilot program 
88.4 	available to law enforcement agencies and scrap metal dealers and is encouraged to publicize 
88.5 	the program to the general public.
88.6 	(g) The commissioner shall include a report on the pilot project in the report required 
88.7 	under section 65B.84, subdivision 2. The report must describe the progress, results, and any 
88.8 	findings of the pilot project including the total number of catalytic converters marked under 
88.9 	the program, and, to the extent known, whether any catalytic converters marked under the 
88.10 	pilot project were stolen and the outcome of any criminal investigation into the thefts.

88.11 	Sec. 23. Minnesota Statutes 2020, section 325F.171, is amended by adding a subdivision 
88.12 	to read:
88.13 		Subd. 5.Enforcement. This section may be enforced as provided under sections 45.027, 
88.14 	subdivisions 1 to 6, 325F.10 to 325F.12, and 325F.14 to 325F.16.

88.15 	Sec. 24. Minnesota Statutes 2020, section 325F.172, is amended by adding a subdivision 
88.16 	to read:
88.17 		Subd. 4.Enforcement. Sections 325F.173 to 325F.175 may be enforced as provided 
88.18 	under sections 45.027, subdivisions 1 to 6, 325F.10 to 325F.12, and 325F.14 to 325F.16.

88.19 	Sec. 25. [325F.179] ENFORCEMENT.
88.20 	Sections 325F.177 and 325F.178 may be enforced as provided under sections 45.027, 
88.21 	subdivisions 1 to 6, 325F.10 to 325F.12, and 325F.14 to 325F.16.

88.22 	Sec. 26. Minnesota Statutes 2020, section 514.972, subdivision 4, is amended to read:
88.23 		Subd. 4.Denial of access. Upon default, the owner shall mail notice of default as provided 
88.24 	under section 514.974. The owner may deny the occupant access to the personal property 
88.25 	contained in the self-service storage facility after default, service of the notice of default, 
88.26 	expiration of the date stated for denial of access, and application of any security deposit to 
88.27 	unpaid rent. The notice of default must state the date that the occupant will be denied access 
88.28 	to the occupant's personal property in the self-service storage facility and that access will 
88.29 	be denied until the owner's claim has been satisfied. The notice of default must state that 
88.30 	any dispute regarding denial of access can be raised by the occupant beginning legal action 
89.1 	in court. Notice of default must further state the rights of the occupant contained in 
89.2 	subdivision 5.

89.3 	Sec. 27. Minnesota Statutes 2020, section 514.972, subdivision 5, is amended to read:
89.4 		Subd. 5.Access to certain items. The occupant may remove from the self-service storage 
89.5 	facility personal papers, health aids, personal clothing of the occupant and the occupant's 
89.6 	dependents, and personal property that is necessary for the livelihood of the occupant, that 
89.7 	has a market value of less than $50 per item, if demand is made to any of the persons listed 
89.8 	in section 514.976, subdivision 1. The occupant shall present a list of the items, and may 
89.9 	remove them during the facility's ordinary business hours prior to the sale authorized by 
89.10 	section 514.973. If the owner unjustifiably denies the occupant access for the purpose of 
89.11 	removing the items specified in this subdivision, the occupant is entitled to an order allowing 
89.12 	access to the storage unit for removal of the specified items. The self-service storage facility 
89.13 	is liable to the occupant for the costs, disbursements and attorney fees expended by the 
89.14 	occupant to obtain this order. (a) Any occupant may remove from the self-storage facility 
89.15 	personal papers and health aids upon demand made to any of the persons listed in section 
89.16 	514.976, subdivision 1.
89.17 	(b) An occupant who provides documentation from a government or nonprofit agency 
89.18 	or legal aid office that the occupant is a recipient of relief based on need, is eligible for legal 
89.19 	aid services, or is a survivor of domestic violence or sexual assault may remove, in addition 
89.20 	to the items provided in paragraph (a), personal clothing of the occupant and the occupant's 
89.21 	dependents and tools of the trade that are necessary for the livelihood of the occupant that 
89.22 	has a market value not to exceed $125 per item.
89.23 	(c) The occupant shall present a list of the items and may remove the items during the 
89.24 	facility's ordinary business hours prior to the sale authorized by section 514.973. If the 
89.25 	owner unjustifiably denies the occupant access for the purpose of removing the items 
89.26 	specified in this subdivision, the occupant is entitled to request relief from the court for an 
89.27 	order allowing access to the storage space for removal of the specified items. The self-service 
89.28 	storage facility is liable to the occupant for the costs, disbursements, and attorney fees 
89.29 	expended by the occupant to obtain this order.
89.30 	(d) For the purposes of this subdivision, "relief based on need" includes but is not limited 
89.31 	to receipt of a benefit from the Minnesota family investment program and diversionary 
89.32 	work program, medical assistance, general assistance, emergency general assistance, 
89.33 	Minnesota supplemental aid, Minnesota supplemental aid housing assistance, MinnesotaCare, 
89.34 	Supplemental Security Income, energy assistance, emergency assistance, Supplemental 
90.1 	Nutrition Assistance Program benefits, earned income tax credit, or Minnesota working 
90.2 	family tax credit. Relief based on need can also be proven by providing documentation from 
90.3 	a legal aid organization that the individual is receiving legal aid assistance, or by providing 
90.4 	documentation from a government agency, nonprofit, or housing assistance program that 
90.5 	the individual is receiving assistance due to domestic violence or sexual assault.

90.6 	Sec. 28. Minnesota Statutes 2020, section 514.973, subdivision 3, is amended to read:
90.7 		Subd. 3.Contents of notice. The notice must include:
90.8 	(1) a statement of the amount owed for rent and other charges and demand for payment 
90.9 	within a specified time not less than 14 days after delivery of the notice;
90.10 	(2) pursuant to section 514.972, subdivision 4, a notice of denial of access to the storage 
90.11 	space, if this denial is permitted under the terms of the rental agreement;
90.12 	(3) the date that the occupant will be denied access to the occupant's personal property 
90.13 	in the self-service storage facility;
90.14 	(4) a statement that access will be denied until the owner's claim has been satisfied;
90.15 	(5) a statement that any dispute regarding denial of access can be raised by an occupant 
90.16 	beginning legal action in court;
90.17 	(3) (6) the name, street address, and telephone number of the owner, or of the owner's 
90.18 	designated agent, whom the occupant may contact to respond to the notice;
90.19 	(4) (7) a conspicuous statement that unless the claim is paid within the time stated in 
90.20 	the notice, the personal property will be advertised for sale. The notice must specify the 
90.21 	time and place of the sale; and
90.22 	(5) (8) a conspicuous statement of the items that the occupant may remove without 
90.23 	charge pursuant to section 514.972, subdivision 5, if the occupant is denied general access 
90.24 	to the storage space.

90.25 	Sec. 29. Minnesota Statutes 2020, section 514.973, subdivision 4, is amended to read:
90.26 		Subd. 4.Sale of property. (a) A sale of personal property may take place no sooner 
90.27 	than 45 days after default or, if the personal property is a motor vehicle or watercraft, no 
90.28 	sooner than 60 days after default.
90.29 	(b) After the expiration of the time given in the notice, the sale must be published once 
90.30 	a week for two weeks consecutively in a newspaper of general circulation where the sale 
90.31 	is to be held. The sale may take place no sooner than 15 days after the first publication. If 
91.1 	the lien is satisfied before the second publication occurs, the second publication is waived. 
91.2 	If there is no qualified newspaper under chapter 331A where the sale is to be held, the 
91.3 	advertisement may be posted on an independent, publicly accessible website that advertises 
91.4 	self-storage lien sales or public notices. The advertisement must include a general description 
91.5 	of the goods, the name of the person on whose account the goods are being held, and the 
91.6 	time and place of the sale.
91.7 	(c) A sale of the personal property must conform to the terms of the notification.
91.8 	(d) A sale of the personal property must be public and must be either:
91.9 	(1) held via an online auction; or
91.10 	(2) held at the storage facility, or at the nearest suitable place at which the personal 
91.11 	property is held or stored.
91.12 	Owners shall require all bidders, including online bidders, to register and agree to the rules 
91.13 	of the sale.
91.14 	(e) The sale must be conducted in a commercially reasonable manner. A sale is 
91.15 	commercially reasonable if the property is sold in conformity with the practices among 
91.16 	dealers in the property sold or sellers of similar distressed property sales.

91.17 	Sec. 30. Minnesota Statutes 2020, section 514.974, is amended to read:
91.18 	514.974 ADDITIONAL NOTIFICATION REQUIREMENT.
91.19 	Notification of the proposed sale of personal property must include a notice of denial 
91.20 	of access to the personal property until the owner's claim has been satisfied. Any notice the 
91.21 	owner is required to mail to the occupant under sections 514.970 to 514.979 shall be sent 
91.22 	to:
91.23 	(1) the e-mail address, if consented to by the occupant, as provided in section 514.973, 
91.24 	subdivision 2;
91.25 	(2) the mailing address and any alternate mailing address provided by the occupant in 
91.26 	the rental agreement; or
91.27 	(3) the last known mailing address of the occupant, if the last known mailing address 
91.28 	differs from the mailing address listed by the occupant in the rental agreement and the owner 
91.29 	has reason to believe that the last known mailing address is more current.

92.1 	Sec. 31. Minnesota Statutes 2020, section 514.977, is amended to read:
92.2 	514.977 DEFAULT ADDITIONAL REMEDIES.
92.3 		Subdivision 1.Default; breach of rental agreement. If an occupant defaults in the 
92.4 	payment of rent for the storage space or otherwise breaches the rental agreement, the owner 
92.5 	may commence an eviction action under chapter 504B to terminate the rental agreement, 
92.6 	recover possession of the storage space, remove the occupant, and dispose of the stored 
92.7 	personal property. The action shall be conducted in accordance with the Minnesota Rules 
92.8 	of Civil Procedure, except as provided in this section.
92.9 		Subd. 2.Service of summons. The summons must be served at least seven days before 
92.10 	the date of the court appearance as provided in subdivision 3.
92.11 		Subd. 3.Appearance. Except as provided in subdivision 4, in an action filed under this 
92.12 	section the appearance shall be not less than seven or more than 14 days from the day of 
92.13 	issuing the summons.
92.14 		Subd. 4.Expedited hearing. If the owner files a motion and affidavit stating specific 
92.15 	facts and instances in support of an allegation that the occupant is causing a nuisance or 
92.16 	engaging in illegal or other behavior that seriously endangers the safety of others, others' 
92.17 	property, or the storage facility's property, the appearance shall be not less than three days 
92.18 	nor more than seven days from the date the summons is issued. The summons in an expedited 
92.19 	hearing shall be served upon the occupant within 24 hours of issuance unless the court 
92.20 	orders otherwise for good cause shown.
92.21 		Subd. 5.Answer; trial; continuance. At the court appearance specified in the summons, 
92.22 	the defendant may answer the complaint, and the court shall hear and decide the action, 
92.23 	unless it grants a continuance of the trial, which may be for no longer than six days, unless 
92.24 	all parties consent to longer continuance.
92.25 		Subd. 6.Counterclaims. The occupant is prohibited from bringing counterclaims in the 
92.26 	action that are unrelated to the possession of the storage space. Nothing in this section 
92.27 	prevents the occupant from bringing the claim in a separate action.
92.28 		Subd. 7.Judgment; writ. Judgment in matters adjudicated under this section shall be 
92.29 	in accordance with section 504B.345. Execution of a writ issued under this section shall be 
92.30 	in accordance with section 504B.365.

93.1 	ARTICLE 7
93.2 	MISCELLANEOUS COMMERCE POLICY

93.3 	Section 1. Minnesota Statutes 2020, section 115C.094, is amended to read:
93.4 	115C.094 ABANDONED UNDERGROUND STORAGE TANKS.
93.5 	(a) As used in this section, an abandoned underground petroleum storage tank means 
93.6 	an underground petroleum storage tank that was:
93.7 	(1) taken out of service prior to December 22, 1988; or
93.8 	(2) taken out of service on or after December 22, 1988, if the current property owner 
93.9 	did not know of the existence of the underground petroleum storage tank and could not have 
93.10 	reasonably been expected to have known of the tank's existence at the time the owner first 
93.11 	acquired right, title, or interest in the tank.; or
93.12 	(3) taken out of service and is located on property that is being held by the state in trust 
93.13 	for local taxing districts under section 281.25.
93.14 	(b) The board may contract for:
93.15 	(1) a statewide assessment in order to determine the quantity, location, cost, and feasibility 
93.16 	of removing abandoned underground petroleum storage tanks;
93.17 	(2) the removal of an abandoned underground petroleum storage tank; and
93.18 	(3) the removal and disposal of petroleum-contaminated soil if the removal is required 
93.19 	by the commissioner at the time of tank removal.
93.20 	(c) Before the board may contract for removal of an abandoned petroleum storage tank, 
93.21 	the tank owner must provide the board with written access to the property and release the 
93.22 	board from any potential liability for the work performed.
93.23 	(d) If at the time of the forfeiture of property identified under paragraph (a), clause (3), 
93.24 	the property owner or the owner's heirs, devisees, or representatives, or any person to whom 
93.25 	the right to pay taxes was granted by statute, mortgage, or other agreement, repurchases the 
93.26 	property under section 282.241, the board's contracted costs for the underground storage 
93.27 	tank removal project must be included as a special assessment included in the repurchase 
93.28 	price, as provided under section 282.251, and must be returned to the board upon the sale 
93.29 	of the property.
93.30 	(d) (e) Money in the fund is appropriated to the board for the purposes of this section.

94.1 	Sec. 2. Minnesota Statutes 2020, section 308A.201, subdivision 12, is amended to read:
94.2 		Subd. 12.Electric cooperative powers. (a) An electric cooperative has the power and 
94.3 	authority to:
94.4 	(1) make loans to its members;
94.5 	(2) prerefund debt;
94.6 	(3) obtain funds through negotiated financing or public sale;
94.7 	(4) borrow money and issue its bonds, debentures, notes, or other evidence of 
94.8 	indebtedness;
94.9 	(5) mortgage, pledge, or otherwise hypothecate its assets as may be necessary;
94.10 	(6) invest its resources;
94.11 	(7) deposit money in state and national banks and trust companies authorized to receive 
94.12 	deposits; and
94.13 	(8) exercise all other powers and authorities granted to cooperatives.
94.14 	(b) A cooperative organized to provide rural electric power may enter agreements and 
94.15 	contracts with other electric power cooperatives or with a cooperative constituted of electric 
94.16 	power cooperatives to share losses and risk of losses to their transmission and distribution 
94.17 	lines, transformers, substations, and related appurtenances from storm, sleet, hail, tornado, 
94.18 	cyclone, hurricane, or windstorm. An agreement or contract or a cooperative formed to 
94.19 	share losses under this paragraph is not subject to the laws of this state relating to insurance 
94.20 	and insurance companies.
94.21 	(c) An electric cooperative, an affiliate of the cooperative formed to provide broadband, 
94.22 	or another entity pursuant to an agreement with the cooperative or the cooperative's affiliate, 
94.23 	may use the cooperative, affiliate, or entity's existing or subsequently acquired electric 
94.24 	transmission or distribution easements for broadband infrastructure and to provide broadband 
94.25 	service, which may include an agreement to lease fiber capacity. To exercise rights granted 
94.26 	under this paragraph, the cooperative must provide to the property owner on which the 
94.27 	easement is located two written notices, at least two months apart, that the cooperative 
94.28 	intends to use the easement for broadband purposes. The use of the easement for broadband 
94.29 	services vests and runs with the land beginning six months after the first notice is provided 
94.30 	under paragraph (d) unless a court action challenging the use of the easement for broadband 
94.31 	purposes has been filed before that time by the property owner, as provided under paragraph 
95.1 	(e). The cooperative must also file evidence of the notices for recording with the county 
95.2 	recorder.
95.3 	(d) The cooperative's notices under paragraph (c) must be sent by first class mail to the 
95.4 	last known address of the owner of the property on which the easement is located or by 
95.5 	printed insertion in the property owner's utility bill. The notice must include the following:
95.6 	(1) the name and mailing address of the cooperative;
95.7 	(2) a narrative describing the nature and purpose of the intended easement use;
95.8 	(3) a description of any trenching or other underground work expected to result from 
95.9 	the intended use, including the anticipated time frame for the work;
95.10 	(4) a phone number of a cooperative employee to contact regarding the easement; and
95.11 	(5) the following statement, in bold red lettering: "It is important to make any challenge 
95.12 	by the deadline to preserve any legal rights you may have."
95.13 	(e) Within six months after receiving notice under paragraph (d), a property owner may 
95.14 	commence an action seeking to recover damages for an electric cooperative's use of an 
95.15 	electric transmission or distribution easement for broadband service purposes. If the claim 
95.16 	for damages is under $15,000, the claim may be brought in conciliation court. 
95.17 	Notwithstanding any other law to the contrary, the procedures and substantive matters set 
95.18 	forth in this subdivision govern an action under this paragraph and are the exclusive means 
95.19 	to bring a claim for compensation with respect to a notice of intent to use a cooperative 
95.20 	transmission or distribution easement for broadband purposes. To commence an action 
95.21 	under this paragraph, the property owner must serve a complaint upon the electric cooperative 
95.22 	as in a civil action and file the complaint with the district court for the county in which the 
95.23 	easement is located. The complaint must state whether the property owner (1) is challenging 
95.24 	the electric cooperative's right to use the easement for broadband services or infrastructure 
95.25 	as authorized under paragraph (c), (2) is seeking damages as provided under paragraph (f), 
95.26 	or (3) both.
95.27 	(f) If the property owner is seeking damages, the electric cooperative may, at any time 
95.28 	after answering the complaint: (1) deposit with the court administrator an amount equal to 
95.29 	the cooperative's estimate of damages, which must be no less than $1; and (2) after making 
95.30 	the deposit, use the electric transmission or service line easements for broadband purposes, 
95.31 	conditioned on an obligation to pay the amount of damages determined by the court. If the 
95.32 	property owner is challenging the electric cooperative's right to use the easement for 
95.33 	broadband services or infrastructure as authorized under paragraph (c), after the electric 
96.1 	cooperative answers the complaint the district court must promptly hold a hearing on the 
96.2 	property owner's challenge. If the district court denies the property owner's challenge, the 
96.3 	electric cooperative may proceed to make a deposit and make use of the easement for 
96.4 	broadband service purposes, as provided under clause (2).
96.5 	(g) In an action involving a property owner's claim for damages, the landowner has the 
96.6 	burden to prove the existence and amount of any net reduction in the fair market value of 
96.7 	the property, considering the existence, installation, construction, maintenance, modification, 
96.8 	operation, repair, replacement, or removal of broadband infrastructure in the easement, as 
96.9 	well as any benefit to the property from access to broadband service. Consequential or 
96.10 	special damages must not be awarded. Evidence of revenue, profits, fees, income, or similar 
96.11 	benefits to the electric cooperative, the cooperative's affiliate, or a third party is inadmissible. 
96.12 	Any fees or costs incurred as a result of an action under this subdivision must be paid by 
96.13 	the party that incurred the fees or costs, except that the cooperative is responsible for the 
96.14 	landowner attorney fees if the final judgment or award of damages is more than 140 percent 
96.15 	of the cooperative's damage deposit.
96.16 	(h) Nothing in this section limits in any way an electric cooperative's existing easement 
96.17 	rights, including but not limited to rights an electric cooperative has or may acquire to 
96.18 	transmit communications for electric system operations or otherwise.
96.19 	(i) The placement of broadband infrastructure for use to provide broadband service under 
96.20 	paragraphs (c) to (h) in any portion of an electric transmission or distribution easement 
96.21 	located in the public right-of-way is subject to local government permitting and right-of-way 
96.22 	management authority under section 237.163, and the placement must be coordinated with 
96.23 	the relevant local government unit to minimize potential future relocations. The cooperative 
96.24 	must notify a local government unit prior to placing infrastructure for broadband service in 
96.25 	an easement that is in or adjacent to the local government unit's public right-of-way.
96.26 	(j) For purposes of this subdivision:
96.27 	(1) "broadband infrastructure" has the meaning given in section 116J.394; and
96.28 	(2) "broadband service" means broadband infrastructure and any services provided over 
96.29 	the infrastructure that offer advanced telecommunications capability and Internet access.

96.30 	Sec. 3. MINNESOTA COUNCIL ON ECONOMIC EDUCATION.
 96.31 	(a) The Minnesota Council on Economic Education, with funds made available through 
96.32 	grants from the commissioner of education in fiscal years 2022 and 2023, must:
97.1 	(1) provide professional development to Minnesota's kindergarten through grade 12 
97.2 	teachers implementing state graduation standards in learning areas related to economic 
97.3 	education;
97.4 	(2) support the direct-to-student ancillary economic and personal finance programs that 
97.5 	Minnesota teachers supervise and coach; and
97.6 	(3) provide support to geographically diverse affiliated higher education-based centers 
97.7 	for economic education, including those based at Minnesota State University Mankato, 
97.8 	Minnesota State University Moorhead, St. Cloud State University, St. Catherine University, 
97.9 	and the University of St. Thomas, as the centers' work relates to activities in clauses (1) and 
97.10 	(2).
97.11 	(b) By February 15 of each year following the receipt of a grant, the Minnesota Council 
97.12 	on Economic Education must report to the commissioner of education on the number and 
97.13 	type of in-person and online teacher professional development opportunities provided by 
97.14 	the Minnesota Council on Economic Education or affiliated state centers. The report must 
97.15 	include a description of the content, length, and location of the programs; the number of 
97.16 	preservice and licensed teachers receiving professional development through each of these 
97.17 	opportunities; and a summary of evaluations of professional opportunities for teachers.
97.18 	(c) On August 15, 2021, the Department of Education must pay the full amount of the 
97.19 	grant for fiscal year 2022 to the Minnesota Council on Economic Education. On August 
97.20 	15, 2022, the Department of Education must pay the full amount of the grant for fiscal year 
97.21 	2023 to the Minnesota Council on Economic Education. The Minnesota Council on Economic 
97.22 	Education must submit its fiscal reporting in the form and manner specified by the 
97.23 	commissioner. The commissioner may request additional information as necessary.

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

97.25 	Sec. 4. COLLECTION AGENCY EMPLOYEES; WORK FROM HOME.
 97.26 	An employee of a collection agency licensed under Minnesota Statutes, chapter 332, 
97.27 	may work from a location other than the licensee's business location if the licensee and 
97.28 	employee comply with all the requirements of Minnesota Statutes, section 332.33, that 
97.29 	would apply if the employee were working at the business location. The fee for a collector 
97.30 	registration or renewal under Minnesota Statutes, section 332.33, subdivision 3, entitles the 
97.31 	individual collector to work at a licensee's business location or a location otherwise acceptable 
97.32 	under this section. An additional branch license is not required for a location used under 
97.33 	this section. This section expires May 31, 2022.

98.1 	Sec. 5. REPEALER.
 98.2 	Minnesota Statutes 2020, section 115C.13, is repealed.

98.3 	ARTICLE 8
98.4 	ENERGY POLICY

98.5 	Section 1. Minnesota Statutes 2020, section 16B.86, is amended to read:
98.6 	16B.86 PRODUCTIVITY STATE BUILDING ENERGY CONSERVATION 
98.7 	IMPROVEMENT REVOLVING LOAN ACCOUNT.
98.8 		Subdivision 1.Definitions. (a) For purposes of this section and section 16B.87, the 
98.9 	following terms have the meanings given.
98.10 	(b) "Energy conservation" has the meaning given in section 216B.241, subdivision 1, 
98.11 	paragraph (d).
98.12 	(c) "Energy conservation improvement" has the meaning given in section 216B.241, 
98.13 	subdivision 1, paragraph (e).
98.14 	(d) "Energy efficiency" has the meaning given in section 216B.241, subdivision 1, 
98.15 	paragraph (f).
98.16 	(e) "Project" means the energy conservation improvements financed by a loan made 
98.17 	under this section.
98.18 	(f) "State building" means an existing building owned by the state of Minnesota.
98.19 		Subd. 2.Account established. The productivity state building energy conservation 
98.20 	improvement revolving loan account is established as a special separate account in the state 
98.21 	treasury. The commissioner shall manage the account and shall credit to the account 
98.22 	investment income, repayments of principal and interest, and any other earnings arising 
98.23 	from assets of the account. Money in the account is appropriated to the commissioner of 
98.24 	administration to make loans to finance agency projects that will result in either reduced 
98.25 	operating costs or increased revenues, or both, for a state agency state agencies to implement 
98.26 	energy conservation and energy efficiency improvements in state buildings under section 
98.27 	16B.87.

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

99.1 	Sec. 2. Minnesota Statutes 2020, section 16B.87, is amended to read:
99.2 	16B.87 AWARD AND REPAYMENT OF PRODUCTIVITY STATE BUILDING 
99.3 	ENERGY IMPROVEMENT CONSERVATION LOANS.
99.4 		Subdivision 1.Committee. The Productivity State Building Energy Conservation 
99.5 	Improvement Loan Committee consists of the commissioners of administration, management 
99.6 	and budget, and revenue commerce. The commissioner of administration serves as chair of 
99.7 	the committee. The members serve without compensation or reimbursement for expenses.
99.8 		Subd. 2.Award and terms of loans. (a) An agency shall apply for a loan on a form 
99.9 	provided developed by the commissioner of administration. that requires an applicant to 
99.10 	submit the following information:
99.11 	(1) a description of the proposed project, including existing equipment, structural 
99.12 	elements, operating characteristics, and other conditions affecting energy use that the energy 
99.13 	conservation improvements financed by the loan modify or replace;
99.14 	(2) the total estimated project cost and the loan amount sought;
99.15 	(3) a detailed project budget;
99.16 	(4) projections of the proposed project's expected energy and monetary savings;
99.17 	(5) information demonstrating the agency's ability to repay the loan;
99.18 	(6) a description of the energy conservation programs offered by the utility providing 
99.19 	service to the state building from which the applicant seeks additional funding for the project; 
99.20 	and
99.21 	(7) any additional information requested by the commissioner.
99.22 	(b) The committee shall review applications for loans and shall award a loan based upon 
99.23 	criteria adopted by the committee. The committee shall determine the amount, interest, and 
99.24 	other terms of the loan. The time for repayment of a loan may not exceed five years. A loan 
99.25 	made under this section must:
99.26 	(1) be at or below the market rate of interest, including a zero interest loan; and
99.27 	(2) have a term no longer than seven years.
99.28 	(c) In making awards, the committee shall give preference to:
99.29 	(1) applicants that have sought funding for the project through energy conservation 
99.30 	projects offered by the utility serving the state building that is the subject of the application; 
99.31 	and
100.1 	(2) to the extent feasible, applications for state buildings located within the electric retail 
100.2 	service area of the utility that is subject to section 116C.779.
100.3 		Subd. 3.Repayment. An agency receiving a loan under this section shall repay the loan 
100.4 	according to the terms of the loan agreement. The principal and interest must be paid to the 
100.5 	commissioner of administration, who shall deposit it in the productivity state building energy 
100.6 	conservation improvement revolving loan fund account. Payments of loan principal and 
100.7 	interest must begin no later than one year after the project is completed.

100.8 	Sec. 3. [115B.431] CLOSED LANDFILL SOLAR REDEVELOPMENT AND REUSE 
100.9 	ACCOUNT.
100.10 		Subdivision 1.Establishment. The closed landfill solar redevelopment and reuse account 
100.11 	is established as an account in the remediation fund.
100.12 		Subd. 2.Revenues. The account consists of money from:
100.13 	(1) revenue from lease payments received from a utility or other entity that is leasing a 
100.14 	portion of a closed landfill site managed by the Pollution Control Agency to install a solar 
100.15 	energy generating system;
100.16 	(2) appropriations and transfers to the account as provided by law; and
100.17 	(3) interest earned on the account.
100.18 		Subd. 3.Expenditures. Money in the account, including any interest accrued, must be 
100.19 	used to facilitate reuse and redevelopment for solar projects located at closed landfill sites 
100.20 	managed by the Pollution Control Agency under sections 115B.39 to 115B.445.

100.21 	Sec. 4. Minnesota Statutes 2020, section 116.155, is amended by adding a subdivision to 
100.22 	read:
100.23 		Subd. 5c.Closed landfill solar redevelopment and reuse account. The closed landfill 
100.24 	solar redevelopment and reuse account is established and managed as provided under section 
100.25 	115B.431.

100.26 	Sec. 5. Minnesota Statutes 2020, section 116C.7792, is amended to read:
100.27 	116C.7792 SOLAR ENERGY PRODUCTION INCENTIVE PROGRAM.
100.28 	(a) The utility subject to section 116C.779 shall operate a program to provide solar 
100.29 	energy production incentives for solar energy systems of no more than a total aggregate 
100.30 	nameplate capacity of 40 kilowatts alternating current per premise. The owner of a solar 
101.1 	energy system installed before June 1, 2018, is eligible to receive a production incentive 
101.2 	under this section for any additional solar energy systems constructed at the same customer 
101.3 	location, provided that the aggregate capacity of all systems at the customer location does 
101.4 	not exceed 40 kilowatts.
101.5 	(b) The program is funded by money withheld from transfer to the renewable development 
101.6 	account under section 116C.779, subdivision 1, paragraphs (b) and (e). Program funds must 
101.7 	be placed in a separate account for the purpose of the solar energy production incentive 
101.8 	program operated by the utility and not for any other program or purpose.
101.9 	(c) Funds allocated to the solar energy production incentive program in 2019 and 2020 
101.10 	remain available to the solar energy production incentive program.
101.11 	(d) The following amounts are allocated to the solar energy production incentive program:
101.12 	(1) $10,000,000 in 2021; and
101.13 	(2) $10,000,000 in 2022;
101.14 	(3) $5,000,000 in 2023; and
101.15 	(4) $5,000,000 in 2024.
101.16 	(e) Funds allocated to the solar energy production incentive program that have not been 
101.17 	committed to a specific project at the end of a program year remain available to the solar 
101.18 	energy production incentive program.
101.19 	(f) Any unspent amount remaining on January 1, 2023 2025, must be transferred to the 
101.20 	renewable development account.
101.21 	(g) A solar energy system receiving a production incentive under this section must be 
101.22 	sized to less than 120 percent of the customer's on-site annual energy consumption when 
101.23 	combined with other distributed generation resources and subscriptions provided under 
101.24 	section 216B.1641 associated with the premise. The production incentive must be paid for 
101.25 	ten years commencing with the commissioning of the system.
101.26 	(h) The utility must file a plan to operate the program with the commissioner of 
101.27 	commerce. The utility may not operate the program until it is approved by the commissioner. 
101.28 	A change to the program to include projects up to a nameplate capacity of 40 kilowatts or 
101.29 	less does not require the utility to file a plan with the commissioner. Any plan approved by 
101.30 	the commissioner of commerce must not provide an increased incentive scale over prior 
101.31 	years unless the commissioner demonstrates that changes in the market for solar energy 
101.32 	facilities require an increase.

102.1 	Sec. 6. [116J.5491] ENERGY TRANSITION OFFICE.
102.2 		Subdivision 1.Definitions. (a) For purposes of sections 116J.5491 to 116J.5493, the 
102.3 	following terms have the meanings given.
102.4 	(b) "Impacted community" means a municipality, Tribal government, or county in which 
102.5 	an impacted facility is located.
102.6 	(c) "Impacted facility" means an electric generating unit powered by coal, nuclear energy, 
102.7 	or natural gas that is or was owned by a public utility, as defined in section 216B.02, 
102.8 	subdivision 4, and that:
102.9 	(1) is currently operating and (i) is projected, estimated, or scheduled to cease operations, 
102.10 	or (ii) whose cessation of operations has been proposed in an integrated resource plan filed 
102.11 	with the Public Utilities Commission under section 216B.2422; or
102.12 	(2) ceased operations or was removed from the local property tax base no earlier than 
102.13 	five years before the effective date of this section.
102.14 	(d) "Impacted worker" means a Minnesota resident:
102.15 	(1) employed at an impacted facility and who is facing the loss of employment as a result 
102.16 	of the impacted facility's retirement; or
102.17 	(2) employed by a company that, under contract, regularly performs construction, 
102.18 	maintenance, or repair work at an impacted facility and who is facing the loss of employment 
102.19 	or of work opportunities as a result of the impacted facility's retirement.
102.20 		Subd. 2.Office established; director. (a) The Energy Transition Office is established 
102.21 	in the Department of Employment and Economic Development.
102.22 	(b) The director of the Energy Transition Office is appointed by the commissioner of 
102.23 	employment and economic development. The director must be qualified by experience in 
102.24 	issues related to energy, economic development, and the environment.
102.25 	(c) The office may employ staff necessary to carry out the duties required in this section.
102.26 		Subd. 3.Purpose. The purpose of the office is to:
102.27 	(1) address economic dislocations experienced by impacted workers after an impacted 
102.28 	facility is retired;
102.29 	(2) implement recommendations of the Minnesota energy transition plan developed in 
102.30 	section 116J.5493;
103.1 	(3) improve communication among local, state, federal, and private entities regarding 
103.2 	impacted facility retirement planning and implementation;
103.3 	(4) address local tax and fiscal issues related to the impacted facility's retirement and 
103.4 	develop strategies to reduce the resulting economic dislocation experienced by impacted 
103.5 	communities and impacted workers; and
103.6 	(5) assist the establishment and implementation of economic support programs, including 
103.7 	but not limited to property tax revenue replacement, community energy transition programs, 
103.8 	and economic development tools, for impacted communities and impacted workers.
103.9 		Subd. 4.Duties. The office is authorized to:
103.10 	(1) administer programs to support impacted communities and impacted workers;
103.11 	(2) coordinate local, state, and federal resources to support impacted communities and 
103.12 	impacted workers;
103.13 	(3) coordinate the development of statewide policies addressing impacted communities 
103.14 	and impacted workers;
103.15 	(4) deliver programs and resources to impacted communities and impacted workers;
103.16 	(5) support impacted workers by establishing benefits and educating impacted workers 
103.17 	on applying for benefits;
103.18 	(6) act as a liaison among impacted communities, impacted workers, and state agencies;
103.19 	(7) assist state agencies to (i) address local tax, land use, economic development, and 
103.20 	fiscal issues related to an impacted facility's retirement, and (ii) develop strategies to support 
103.21 	impacted communities and impacted workers;
103.22 	(8) review existing programs supporting impacted workers and identify gaps that need 
103.23 	to be addressed;
103.24 	(9) support activities of the energy transition advisory committee members;
103.25 	(10) monitor transition efforts in other states and localities;
103.26 	(11) identify impacted facility closures and estimate job losses and the effect on impacted 
103.27 	communities and impacted workers;
103.28 	(12) maintain communication with all affected parties regarding closure dates; and
103.29 	(13) monitor and participate in administrative proceedings that affect the office's activities, 
103.30 	including matters before the Public Utilities Commission, the Department of Commerce, 
103.31 	the Department of Revenue, and other entities.
104.1 		Subd. 5.Reporting. (a) Beginning January 15, 2023, and each year thereafter, the Energy 
104.2 	Transition Office must submit a written report to the chairs and ranking minority members 
104.3 	of the legislative committees with jurisdiction over energy, economic development, and tax 
104.4 	policy and finance on the office's activities during the previous year.
104.5 	(b) The report must contain:
104.6 	(1) a list of impacted facility closures, projected associated job losses, and the effect on 
104.7 	impacted communities and impacted workers;
104.8 	(2) recommendations to support impacted communities and impacted workers;
104.9 	(3) information on the administration of assistance programs administered by the office; 
104.10 	and
104.11 	(4) updates on implementation of the Minnesota energy transition plan.
104.12 		Subd. 6.Gifts; grants; donations. The office may accept gifts and grants on behalf of 
104.13 	the state that constitute donations to the state. Funds received under this subdivision are 
104.14 	appropriated to the commissioner of employment and economic development to support 
104.15 	the purposes of the office.
104.16 		Subd. 7.Sunset. This section expires five years after the date the last impacted facility 
104.17 	in Minnesota ceases operations.

104.18 	Sec. 7. [116J.5492] ENERGY TRANSITION ADVISORY COMMITTEE.
104.19 		Subdivision 1.Creation; purpose. The Energy Transition Advisory Committee is 
104.20 	established to develop a statewide energy transition plan and to advise the governor, the 
104.21 	commissioner, and the legislature on transition issues, established transition programs, 
104.22 	economic initiatives, and transition policy.
104.23 		Subd. 2.Membership. (a) The advisory committee consists of 18 voting members and 
104.24 	eight ex officio nonvoting members.
104.25 	(b) The voting members of the advisory committee are appointed by the commissioner 
104.26 	of employment and economic development, except as specified below:
104.27 	(1) two members of the senate, one appointed by the majority leader of the senate and 
104.28 	one appointed by the minority leader of the senate;
104.29 	(2) two members of the house of representatives, one appointed by the speaker of the 
104.30 	house of representatives and one appointed by the minority leader of the house of 
104.31 	representatives;
105.1 	(3) one representative of the Prairie Island Indian community;
105.2 	(4) four representatives of impacted communities, of which two must represent counties 
105.3 	and two must represent municipalities, and, to the extent possible, of the impacted facilities 
105.4 	in those communities, at least one must be a coal plant, at least one must be a nuclear plant, 
105.5 	and at least one must be a natural gas plant;
105.6 	(5) three representatives of impacted workers at impacted facilities;
105.7 	(6) one representative of impacted workers employed by companies that, under contract, 
105.8 	regularly perform construction, maintenance, or repair work at an impacted facility;
105.9 	(7) one representative with professional economic development or workforce retraining 
105.10 	experience;
105.11 	(8) two representatives of utilities that operate an impacted facility;
105.12 	(9) one representative from a nonprofit organization with expertise and experience 
105.13 	delivering energy efficiency and conservation programs; and
105.14 	(10) one representative from the Coalition of Utility Cities.
105.15 	(c) The ex officio nonvoting members of the advisory committee consist of:
105.16 	(1) the governor or the governor's designee;
105.17 	(2) the commissioner of employment and economic development or the commissioner's 
105.18 	designee;
105.19 	(3) the commissioner of commerce or the commissioner's designee;
105.20 	(4) the commissioner of labor and industry or the commissioner's designee;
105.21 	(5) the commissioner of revenue or the commissioner's designee;
105.22 	(6) the executive secretary of the Public Utilities Commission or the secretary's designee;
105.23 	(7) the commissioner of the Pollution Control Agency or the commissioner's designee; 
105.24 	and
105.25 	(8) the chancellor of the Minnesota State Colleges and Universities or the chancellor's 
105.26 	designee.
105.27 		Subd. 3.Initial appointments and first meeting.  The appointing authorities must 
105.28 	appoint the members of the advisory committee by August 1, 2021. The commissioner of 
105.29 	employment and economic development must convene the first meeting by September 1, 
105.30 	2021, and must act as chair until the advisory committee elects a chair at the first meeting.
106.1 		Subd. 4.Officers. The committee must elect a chair and vice-chair from among the 
106.2 	voting members for terms of two years.
106.3 		Subd. 5.Open meetings. Advisory committee meetings are subject to chapter 13D.
106.4 		Subd. 6.Conflict of interest. An advisory committee member is prohibited from 
106.5 	discussing or voting on issues relating to an organization in which the member has either a 
106.6 	direct or indirect financial interest.
106.7 		Subd. 7.Gifts; grants; donations. The advisory committee may accept gifts and grants 
106.8 	on behalf of the state and that constitute donations to the state. Funds received under this 
106.9 	subdivision are appropriated to the commissioner of employment and economic development 
106.10 	to support the activities of the advisory committee.
106.11 		Subd. 8.Meetings. The advisory committee must meet monthly until the energy transition 
106.12 	plan is submitted to the governor and the legislature. The chair may call additional meetings 
106.13 	as necessary.
106.14 		Subd. 9.Staff. The Department of Employment and Economic Development shall serve 
106.15 	as staff for the advisory committee.
106.16 		Subd. 10.Expiration. This section expires the day after the Minnesota energy transition 
106.17 	plan required under section 116J.5493 is submitted to the legislature and the governor.

106.18 	Sec. 8. [116J.5493] MINNESOTA ENERGY TRANSITION PLAN.
106.19 	(a) By July 1, 2022, the Energy Transition Advisory Committee established in section 
106.20 	116J.5492 must submit a statewide energy transition plan to the governor and the chairs 
106.21 	and ranking minority members of the legislative committees having jurisdiction over 
106.22 	economic development and energy.
106.23 	(b) The energy transition plan must, at a minimum, for each impacted facility:
106.24 	(1) identify the timing and location of impacted facility retirements and projected job 
106.25 	losses in communities;
106.26 	(2) analyze the estimated fiscal impact of impacted facility retirements on local 
106.27 	governments;
106.28 	(3) describe the statutes and administrative processes that govern how retired utility 
106.29 	property impacts a local government tax base;
107.1 	(4) review existing state programs that might support impacted communities and impacted 
107.2 	workers, and project the effectiveness of each program's response to the effects of impacted 
107.3 	facility retirements; and
107.4 	(5) recommend how to effectively respond to the economic effects of impacted facility 
107.5 	retirements.

107.6 	Sec. 9. Minnesota Statutes 2020, section 216B.096, subdivision 2, is amended to read:
107.7 		Subd. 2.Definitions. (a) The terms used in this section have the meanings given them 
107.8 	in this subdivision.
107.9 	(b) "Cold weather period" means the period from October 15 1 through April 15 30 of 
107.10 	the following year.
107.11 	(c) "Customer" means a residential customer of a utility.
107.12 	(d) "Disconnection" means the involuntary loss of utility heating service as a result of 
107.13 	a physical act by a utility to discontinue service. Disconnection includes installation of a 
107.14 	service or load limiter or any device that limits or interrupts utility service in any way.
107.15 	(e) "Household income" means the combined income, as defined in section 290A.03, 
107.16 	subdivision 3, of all residents of the customer's household, computed on an annual basis. 
107.17 	Household income does not include any amount received for energy assistance.
107.18 	(f) "Reasonably timely payment" means payment within five working days of agreed-upon 
107.19 	due dates.
107.20 	(g) "Reconnection" means the restoration of utility heating service after it has been 
107.21 	disconnected.
107.22 	(h) "Summary of rights and responsibilities" means a commission-approved notice that 
107.23 	contains, at a minimum, the following:
107.24 	(1) an explanation of the provisions of subdivision 5;
107.25 	(2) an explanation of no-cost and low-cost methods to reduce the consumption of energy;
107.26 	(3) a third-party notice;
107.27 	(4) ways to avoid disconnection;
107.28 	(5) information regarding payment agreements;
108.1 	(6) an explanation of the customer's right to appeal a determination of income by the 
108.2 	utility and the right to appeal if the utility and the customer cannot arrive at a mutually 
108.3 	acceptable payment agreement; and
108.4 	(7) a list of names and telephone numbers for county and local energy assistance and 
108.5 	weatherization providers in each county served by the utility.
108.6 	(i) "Third-party notice" means a commission-approved notice containing, at a minimum, 
108.7 	the following information:
108.8 	(1) a statement that the utility will send a copy of any future notice of proposed 
108.9 	disconnection of utility heating service to a third party designated by the residential customer;
108.10 	(2) instructions on how to request this service; and
108.11 	(3) a statement that the residential customer should contact the person the customer 
108.12 	intends to designate as the third-party contact before providing the utility with the party's 
108.13 	name.
108.14 	(j) "Utility" means a public utility as defined in section 216B.02, and a cooperative 
108.15 	electric association electing to be a public utility under section 216B.026. Utility also means 
108.16 	a municipally owned gas or electric utility for nonresident consumers of the municipally 
108.17 	owned utility and a cooperative electric association when a complaint in connection with 
108.18 	utility heating service during the cold weather period is filed under section 216B.17, 
108.19 	subdivision 6 or 6a.
108.20 	(k) "Utility heating service" means natural gas or electricity used as a primary heating 
108.21 	source, including electricity service necessary to operate gas heating equipment, for the 
108.22 	customer's primary residence.
108.23 	(l) "Working days" means Mondays through Fridays, excluding legal holidays. The day 
108.24 	of receipt of a personally served notice and the day of mailing of a notice shall not be counted 
108.25 	in calculating working days.

108.26 	Sec. 10. Minnesota Statutes 2020, section 216B.096, subdivision 3, is amended to read:
108.27 		Subd. 3.Utility obligations before cold weather period. Each year, between September 
108.28 	1 August 15 and October 15 1, each utility must provide all customers, personally, by first 
108.29 	class mail, or electronically for those requesting electronic billing, a summary of rights and 
108.30 	responsibilities. The summary must also be provided to all new residential customers when 
108.31 	service is initiated.

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

109.1 	Sec. 11. Minnesota Statutes 2020, section 216B.097, subdivision 1, is amended to read:
109.2 		Subdivision 1.Application; notice to residential customer. (a) A municipal utility or 
109.3 	a cooperative electric association must not disconnect and must reconnect the utility service 
109.4 	of a residential customer during the period between October 15 1 and April 15 30 if the 
109.5 	disconnection affects the primary heat source for the residential unit and all of the following 
109.6 	conditions are met:
109.7 	(1) The household income of the customer is at or below 50 percent of the state median 
109.8 	household income. A municipal utility or cooperative electric association utility may (i) 
109.9 	verify income on forms it provides or (ii) obtain verification of income from the local energy 
109.10 	assistance provider. A customer is deemed to meet the income requirements of this clause 
109.11 	if the customer receives any form of public assistance, including energy assistance, that 
109.12 	uses an income eligibility threshold set at or below 50 percent of the state median household 
109.13 	income.
109.14 	(2) A customer enters into and makes reasonably timely payments under a payment 
109.15 	agreement that considers the financial resources of the household.
109.16 	(3) A customer receives referrals to energy assistance, weatherization, conservation, or 
109.17 	other programs likely to reduce the customer's energy bills.
109.18 	(b) A municipal utility or a cooperative electric association must, between August 15 
109.19 	and October 15 1 each year, notify all residential customers of the provisions of this section.

109.20 	Sec. 12. Minnesota Statutes 2020, section 216B.097, subdivision 2, is amended to read:
109.21 		Subd. 2.Notice to residential customer facing disconnection. (a) Before disconnecting 
109.22 	service to a residential customer during the period between October 15 1 and April 15 30, 
109.23 	a municipal utility or cooperative electric association must provide the following information 
109.24 	to a customer:
109.25 	(1) a notice of proposed disconnection;
109.26 	(2) a statement explaining the customer's rights and responsibilities;
109.27 	(3) a list of local energy assistance providers;
109.28 	(4) forms on which to declare inability to pay; and
109.29 	(5) a statement explaining available time payment plans and other opportunities to secure 
109.30 	continued utility service.
110.1 	(b) At the same time that notice is given under paragraph (a), the utility must also give 
110.2 	written or electronic notice of the proposed disconnection to the local energy assistance 
110.3 	provider and the department.

110.4 	Sec. 13. Minnesota Statutes 2020, section 216B.097, subdivision 3, is amended to read:
110.5 		Subd. 3.Restrictions if disconnection necessary. (a) If a residential customer must be 
110.6 	involuntarily disconnected remotely using advanced metering infrastructure or physically 
110.7 	at the property being disconnected between October 15 1 and April 15 30 for failure to 
110.8 	comply with subdivision 1, the disconnection must not occur:
110.9 	(1) on a Friday, unless the customer declines to enter into a payment agreement offered 
110.10 	that day in person or via personal contact by telephone by a municipal utility or cooperative 
110.11 	electric association;
110.12 	(2) on a weekend, holiday, or the day before a holiday;
110.13 	(3) when utility offices are closed; or
110.14 	(4) after the close of business on a day when disconnection is permitted, unless a field 
110.15 	representative of a municipal utility or cooperative electric association who is authorized 
110.16 	to enter into a payment agreement, accept payment, and continue service, offers a payment 
110.17 	agreement to the customer.
110.18 	Further, the disconnection must not occur until at least 20 30 days after the notice required 
110.19 	in subdivision 2 has been mailed to the customer or 15 days after the notice has been 
110.20 	personally delivered to the customer.
110.21 	(b) If a customer does not respond to a disconnection notice, The customer must not be 
110.22 	disconnected until the utility investigates attempts to confirm whether the residential unit 
110.23 	is actually occupied. If the unit is found to be occupied, the utility must immediately inform 
110.24 	the occupant of the provisions of this section. If the unit is unoccupied, the utility must give 
110.25 	seven days' written notice of the proposed disconnection to the local energy assistance 
110.26 	provider before making a disconnection., which the utility may accomplish by:
110.27 	(1) visiting the residential unit; or
110.28 	(2) examining energy usage data obtained through advanced metering infrastructure to 
110.29 	determine whether there is energy usage over at least a 24-hour period that indicates 
110.30 	occupancy.
110.31 	(c) A utility may not disconnect a residential customer who is in compliance with section 
110.32 	216B.098, subdivision 5.
111.1 	(c) (d) If, prior to disconnection, a customer appeals a notice of involuntary disconnection, 
111.2 	as provided by the utility's established appeal procedure, the utility must not disconnect 
111.3 	until the appeal is resolved.
111.4 	(e) For the purposes of this section, "advanced metering infrastructure" means an 
111.5 	integrated system of smart meters, communication networks, and data management systems 
111.6 	that enables two-way communication between a utility and its customers.

111.7 	Sec. 14. Minnesota Statutes 2020, section 216B.097, is amended by adding a subdivision 
111.8 	to read:
111.9 		Subd. 5.Cost recovery. A municipal utility or cooperative electric association may 
111.10 	recover the reasonable costs of disconnecting and reconnecting a residential customer, based 
111.11 	on the costs of providing notice to the customer and other entities and whether the process 
111.12 	was accomplished physically at the property being disconnected or reconnected or remotely 
111.13 	using advanced metering infrastructure.

111.14 	Sec. 15. Minnesota Statutes 2020, section 216B.0976, is amended to read:
111.15 	216B.0976 NOTICE TO CITIES OF UTILITY DISCONNECTION.
111.16 		Subdivision 1.Notice required. Notwithstanding section 13.685 or any other law or 
111.17 	administrative rule to the contrary, a public utility, cooperative electric association, or 
111.18 	municipal utility must provide notice to a statutory city or home rule charter city, and to the 
111.19 	department, as prescribed by this section, of disconnection of a customer's gas or electric 
111.20 	service. Upon written request from a city or the department, on October 15 1 and November 
111.21 	1 of each year, or the next business day if that date falls on a Saturday or Sunday, a report 
111.22 	must be made available to the city or the department of the address of properties currently 
111.23 	disconnected and the date of the disconnection. Upon written request from a city or the 
111.24 	department, between October 15 1 and April 15 30, daily reports must be made available 
111.25 	of the address and date of any newly disconnected properties.
111.26 	A city provided notice under this section must provide the information on disconnection 
111.27 	to the police and fire departments of the city within three business days of receipt of the 
111.28 	notice.
111.29 	For the purpose of this section, "disconnection" means a cessation of services initiated 
111.30 	by the public utility, cooperative electric association, or municipal utility that affects the 
111.31 	primary heat source of a residence and service is not reconnected within 24 hours.
112.1 		Subd. 2.Data. Data on customers that are provided to cities under subdivision 1 are 
112.2 	private data on individuals or nonpublic data, as defined in section 13.02.

112.3 	Sec. 16. Minnesota Statutes 2020, section 216B.1691, subdivision 2f, is amended to read:
112.4 		Subd. 2f.Solar energy standard. (a) In addition to the requirements of subdivisions 2a 
112.5 	and 2b, each public utility shall generate or procure sufficient electricity generated by solar 
112.6 	energy to serve its retail electricity customers in Minnesota so that by the end of 2020, at 
112.7 	least 1.5 percent of the utility's total retail electric sales to retail customers in Minnesota is 
112.8 	generated by solar energy.
112.9 	(b) For a public utility with more than 200,000 retail electric customers, at least ten 
112.10 	percent of the 1.5 percent goal must be met by solar energy generated by or procured from 
112.11 	solar photovoltaic devices with a nameplate capacity of 40 kilowatts or less.
112.12 	(c) A public utility with between 50,000 and 200,000 retail electric customers:
112.13 	(1) must meet at least ten percent of the 1.5 percent goal with solar energy generated by 
112.14 	or procured from solar photovoltaic devices with a nameplate capacity of 40 kilowatts or 
112.15 	less; and
112.16 	(2) may apply toward the ten percent goal in clause (1) individual customer subscriptions 
112.17 	of 40 kilowatts or less to a community solar garden program operated by the public utility 
112.18 	that has been approved by the commission.
112.19 	(d) The solar energy standard established in this subdivision is subject to all the provisions 
112.20 	of this section governing a utility's standard obligation under subdivision 2a.
112.21 	(e) It is an energy goal of the state of Minnesota that, by 2030, ten percent of the retail 
112.22 	electric sales in Minnesota be generated by solar energy.
112.23 	(f) For the purposes of calculating the total retail electric sales of a public utility under 
112.24 	this subdivision, there shall be excluded retail electric sales to customers that are:
112.25 	(1) an iron mining extraction and processing facility, including a scram mining facility 
112.26 	as defined in Minnesota Rules, part 6130.0100, subpart 16; or
112.27 	(2) a paper mill, wood products manufacturer, sawmill, or oriented strand board 
112.28 	manufacturer.
112.29 	Those customers may not have included in the rates charged to them by the public utility 
112.30 	any costs of satisfying the solar standard specified by this subdivision.
113.1 	(g) A public utility may not use energy used to satisfy the solar energy standard under 
113.2 	this subdivision to satisfy its standard obligation under subdivision 2a. A public utility may 
113.3 	not use energy used to satisfy the standard obligation under subdivision 2a to satisfy the 
113.4 	solar standard under this subdivision.
113.5 	(h) Notwithstanding any law to the contrary, a solar renewable energy credit associated 
113.6 	with a solar photovoltaic device installed and generating electricity in Minnesota after 
113.7 	August 1, 2013, but before 2020 may be used to meet the solar energy standard established 
113.8 	under this subdivision.
113.9 	(i) Beginning July 1, 2014, and each July 1 through 2020, each public utility shall file 
113.10 	a report with the commission reporting its progress in achieving the solar energy standard 
113.11 	established under this subdivision.

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

113.13 	Sec. 17. Minnesota Statutes 2020, section 216B.241, is amended by adding a subdivision 
113.14 	to read:
113.15 		Subd. 14.Minnesota efficient technology accelerator. (a) A nonprofit organization 
113.16 	with extensive experience implementing energy efficiency programs in Minnesota and 
113.17 	conducting efficient technology research in the state may file a proposal with the 
113.18 	commissioner of commerce for a program to accelerate deployment and reduce the cost of 
113.19 	emerging and innovative efficient technologies and approaches and lead to lower energy 
113.20 	costs for Minnesota consumers. Accelerator activities include strategic initiatives with 
113.21 	technology manufacturers to improve the efficiency and performance of products, as well 
113.22 	as with equipment installers and other key actors in the technology supply chain. Benefits 
113.23 	of activities expected from the accelerator include cost effective energy savings for Minnesota 
113.24 	utilities, bill savings for Minnesota utility consumers, enhanced employment opportunities 
113.25 	in Minnesota, and avoidance of greenhouse gas emissions.
113.26 	(b) Prior to developing and filing a proposal, the nonprofit must submit to the 
113.27 	commissioner of commerce a notice of intent to file a proposal under this subdivision. The 
113.28 	notice of intent must describe the nonprofit's qualifications and eligibility to file a proposal 
113.29 	under this subdivision. The commissioner must review the notice of intent and issue a 
113.30 	determination of eligibility within 30 days if the commissioner determines the nonprofit 
113.31 	meets the required qualifications.
114.1 	(c) Upon receiving the determination by the commissioner under paragraph (b), the 
114.2 	nonprofit organization must engage with interested stakeholders on at least the following 
114.3 	attributes required of a program proposal under this subdivision:
114.4 	(1) a proposed budget and operational guidelines for the accelerator;
114.5 	(2) a proposed energy savings attribution, evaluation, and allocation methodology that 
114.6 	includes a method for calculating net benefits from activities under the program. Energy 
114.7 	savings and net benefits from activities under the program must be allocated to participating 
114.8 	utilities and be considered when determining cost-effectiveness of achieved energy savings 
114.9 	and related incentives;
114.10 	(3) a process to ensure that the technologies that are selected for the program benefit 
114.11 	electric and natural gas utility customers in proportion to the funds each utility sector 
114.12 	contributes to the program and address residential, commercial, and industrial building 
114.13 	energy use; and
114.14 	(4) a process for identifying and tracking performance metrics for each technology 
114.15 	selected against which progress can be measured, including one or more methods for 
114.16 	evaluating cost-effectiveness.
114.17 	(d) No earlier than 180 days from the date of the commissioner's eligibility determination 
114.18 	under paragraph (b), the nonprofit may file a program proposal under this subdivision. The 
114.19 	filing must describe how the proposal addresses each of the required attributes listed in 
114.20 	paragraph (c), clauses (1) to (4), and how the proposal addresses the recommendations and 
114.21 	concerns identified in the stakeholder engagement process required under paragraph (c).
114.22 	(e) Within ten days of receiving the proposal, the commissioner must provide public 
114.23 	notice of the proposal and solicit feedback from interested parties for a period of not less 
114.24 	than ten business days.
114.25 	(f) Within 90 days of the filing of the proposal, the commissioner must approve, modify, 
114.26 	or reject a proposal under this subdivision. In making a determination, the commissioner 
114.27 	must consider public comments, the expected costs and benefits of the program from the 
114.28 	perspectives of ratepayers, the participating utilities, and society, and the expected costs 
114.29 	and benefits relative to other energy conservation programming authorized under this section.
114.30 	(g) The initial program term may be up to five years. At the request of the nonprofit, the 
114.31 	commissioner may renew a program approved under paragraph (d) for up to five years at 
114.32 	a time. The nonprofit must submit to the commissioner a request to renew the program no 
114.33 	later than 180 days prior to the end of the term of the program approved or renewed under 
115.1 	this subdivision. When making a request to renew and determination on renewal, the 
115.2 	nonprofit and commissioner must follow the process established under this subdivision, 
115.3 	except that a qualified nonprofit is not required to seek eligibility under paragraph (b).
115.4 	(h) Upon approval, each public utility with over 30,000 customers must participate in 
115.5 	the program and contribute to the approved budget of the program by depositing annually 
115.6 	in the energy and conservation account under subdivision 2a an amount that is proportional 
115.7 	to the utility's gross operating revenue from sales of gas or electric service in Minnesota, 
115.8 	excluding revenues from large customer facilities exempted under subdivision 1a. A 
115.9 	participating utility must not be required to contribute more than the following percentages 
115.10 	of the utility's spending approved by the commission in the plan filed under subdivision 2: 
115.11 	(1) two percent in the program's initial two years; (2) 3.5 percent in the program's third and 
115.12 	fourth years; and (3) five percent thereafter. Other utilities may elect to participate in the 
115.13 	accelerator program. Costs incurred by a public utility under this subdivision are recoverable 
115.14 	under subdivision 2b as an assessment to the energy and conservation account. Amounts 
115.15 	provided to the account under this subdivision are not subject to the cap on assessments in 
115.16 	section 216B.62. The commissioner may make expenditures from the account for the 
115.17 	purposes of this subdivision, including amounts necessary to cover administrative costs 
115.18 	incurred by the department under this subdivision. Costs for research projects under this 
115.19 	subdivision that the commissioner determines may be duplicative to projects that would be 
115.20 	eligible for funding under subdivision 1e, paragraph (a), may be deducted from the 
115.21 	assessment under subdivision 1e for utilities participating in the accelerator.
115.22 	(i) The commissioner must not approve more than one program to be implemented or 
115.23 	in operation at any given time under this subdivision.
115.24 	(j) At least once during the term of a program that is approved or renewed, the 
115.25 	commissioner must contract for an independent review of the program to determine if it 
115.26 	meets the objectives and requirements of this section and any criteria established by the 
115.27 	department as a condition of approval. The review may not be conducted by an entity or 
115.28 	person that acted as a stakeholder or interested party, or otherwise participated in the program 
115.29 	preparation, filing, or review process. Upon completion, the reviewer must prepare a report 
115.30 	detailing findings and recommendations, and the commissioner must transmit a copy of the 
115.31 	report to the chairs and ranking minority members of the house of representatives and senate 
115.32 	committees with jurisdiction over energy policy. Money required to conduct the review and 
115.33 	prepare the report must be deducted from the total contribution amount under paragraph 
115.34 	(h).

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

116.1 	Sec. 18. Minnesota Statutes 2020, section 216B.2412, subdivision 3, is amended to read:
116.2 		Subd. 3.Pilot programs. The commission shall allow one or more rate-regulated utilities 
116.3 	to participate in a pilot program to assess the merits of a rate-decoupling strategy to promote 
116.4 	energy efficiency and conservation. Each pilot program must utilize the criteria and standards 
116.5 	established in subdivision 2 and be designed to determine whether a rate-decoupling strategy 
116.6 	achieves energy savings. On or before a date established by the commission, the commission 
116.7 	shall require electric and gas utilities that intend to implement a decoupling program to file 
116.8 	a decoupling pilot plan, which shall be approved or approved as modified by the commission. 
116.9 	A pilot program may not exceed three years in length. Any extension beyond three years 
116.10 	can only be approved in a general rate case, unless that decoupling program was previously 
116.11 	approved as part of a general rate case. The commission shall report on the programs annually 
116.12 	to the chairs of the house of representatives and senate committees with primary jurisdiction 
116.13 	over energy policy.

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

116.15 	Sec. 19. Minnesota Statutes 2020, section 216B.2422, is amended by adding a subdivision 
116.16 	to read:
116.17 		Subd. 2d.Plan to minimize impacts to workers due to facility retirement. A utility 
116.18 	required to file a resource plan under subdivision 2 that has scheduled the retirement of an 
116.19 	electric generating facility located in Minnesota must include in the filing a narrative 
116.20 	describing the utility's efforts, in conjunction with the utility's workers and the workers' 
116.21 	designated representatives, to develop a plan to minimize the dislocations employees may 
116.22 	suffer as a result of the facility's retirement. The narrative must address, at a minimum, 
116.23 	plans to:
116.24 	(1) minimize financial losses to workers;
116.25 	(2) provide a transition timeline to ensure certainty for workers;
116.26 	(3) protect pension benefits;
116.27 	(4) extend or replace health insurance, life insurance, and other employment benefits;
116.28 	(5) provide training and skill development for workers who must or choose to leave the 
116.29 	utility;
116.30 	(6) create targeted transition plans for workers at all locations impacted by the facility 
116.31 	retirement; and
117.1 	(7) quantify any additional costs the utility would incur and specifying what costs, if 
117.2 	any, the utility would request be recovered in the utility's rates as a result of efforts made 
117.3 	under this subdivision to minimize impacts to workers.

117.4 	Sec. 20. [216B.2427] NATURAL GAS UTILITY INNOVATION PLANS.
117.5 		Subdivision 1.Definitions. (a) For the purposes of this section and section 216B.2428, 
117.6 	the following terms have the meanings given.
117.7 	(b) "Biogas" means gas produced by the anaerobic digestion of biomass, gasification of 
117.8 	biomass, or other effective conversion processes.
117.9 	(c) "Carbon capture" means the capture of greenhouse gas emissions that would otherwise 
117.10 	be released into the atmosphere.
117.11 	(d) "Carbon-free resource" means an electricity generation facility whose operation does 
117.12 	not contribute to statewide greenhouse gas emissions, as defined in section 216H.01, 
117.13 	subdivision 2.
117.14 	(e) "District energy" means a heating or cooling system that is solar thermal powered 
117.15 	or that uses the constant temperature of the earth or underground aquifers as a thermal 
117.16 	exchange medium to heat or cool multiple buildings connected through a piping network.
117.17 	(f) "Energy efficiency" has the meaning given in section 216B.241, subdivision 1, 
117.18 	paragraph (f), but does not include energy conservation investments that the commissioner 
117.19 	determines could reasonably be included in a utility's conservation improvement program.
117.20 	(g) "Greenhouse gas emissions" means emissions of carbon dioxide, methane, nitrous 
117.21 	oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride emitted by 
117.22 	anthropogenic sources within Minnesota and from the generation of electricity imported 
117.23 	from outside the state and consumed in Minnesota, excluding carbon dioxide that is injected 
117.24 	into geological formations to prevent its release to the atmosphere in compliance with 
117.25 	applicable laws.
117.26 	(h) "Innovative resource" means biogas, renewable natural gas, power-to-hydrogen, 
117.27 	power-to-ammonia, carbon capture, strategic electrification, district energy, and energy 
117.28 	efficiency.
117.29 	(i) "Lifecycle greenhouse gas emissions" means the aggregate greenhouse gas emissions 
117.30 	resulting from the production, processing, transmission, and consumption of an energy 
117.31 	resource.
118.1 	(j) "Lifecycle greenhouse gas emissions intensity" means lifecycle greenhouse gas 
118.2 	emissions per unit of energy delivered to an end user.
118.3 	(k) "Nonexempt customer" means a utility customer that has not been included in a 
118.4 	utility's innovation plan under subdivision 3, paragraph (f).
118.5 	(l) "Power-to-ammonia" means the production of ammonia from hydrogen produced 
118.6 	via power-to-hydrogen using a process that has a lower lifecycle greenhouse gas intensity 
118.7 	than does natural gas produced from conventional geologic sources.
118.8 	(m) "Power-to-hydrogen" means the use of electricity generated by a carbon-free resource 
118.9 	to produce hydrogen.
118.10 	(n) "Renewable energy" has the meaning given in section 216B.2422, subdivision 1.
118.11 	(o) "Renewable natural gas" means biogas that has been processed to be interchangeable 
118.12 	with, and that has a lower lifecycle greenhouse gas intensity than, natural gas produced 
118.13 	from conventional geologic sources.
118.14 	(p) "Solar thermal" has the meaning given to qualifying solar thermal project in section 
118.15 	216B.2411, subdivision 2, paragraph (d).
118.16 	(q) "Strategic electrification" means the installation of electric end-use equipment in an 
118.17 	existing building in which natural gas is a primary or back-up fuel source, or in a newly 
118.18 	constructed building in which a customer receives natural gas service for one or more 
118.19 	end-uses, provided that the electric end-use equipment:
118.20 	(1) results in a net reduction in statewide greenhouse gas emissions, as defined in section 
118.21 	216H.01, subdivision 2, over the life of the equipment when compared to the most efficient 
118.22 	commercially available natural gas alternative; and
118.23 	(2) is installed and operated in a manner that improves the load factor of the customer's 
118.24 	electric utility.
118.25 	Strategic electrification does not include investments that the commissioner determines 
118.26 	could reasonably be included in the natural gas utility's conservation improvement program 
118.27 	under section 216B.241.
118.28 	(r) "Total incremental cost" means the calculation of the following components of a 
118.29 	utility's innovation plan approved by the commission under subdivision 2:
118.30 	(1) the sum of:
118.31 	(i) return of and on capital investments for the production, processing, pipeline 
118.32 	interconnection, storage, and distribution of innovative resources;
119.1 	(ii) incremental operating costs associated with capital investments in infrastructure for 
119.2 	the production, processing, pipeline interconnection, storage, and distribution of innovative 
119.3 	resources;
119.4 	(iii) incremental costs to procure innovative resources from third parties;
119.5 	(iv) incremental costs to develop and administer programs; and
119.6 	(v) incremental costs for research and development related to innovative resources;
119.7 	(2) less the sum of:
119.8 	(i) value received by the utility upon the resale of innovative resources or innovative 
119.9 	resource by-products, including any environmental credits included with the resale of 
119.10 	renewable gaseous fuels or value received by the utility when innovative resources are used 
119.11 	as vehicle fuel;
119.12 	(ii) cost savings achieved through avoidance of purchases of natural gas produced from 
119.13 	conventional geologic sources, including but not limited to avoided commodity purchases 
119.14 	and avoided pipeline costs; and
119.15 	(iii) other revenues received by the utility that are directly attributable to the utility's 
119.16 	implementation of an innovation plan.
119.17 	(s) "Utility" means a public utility, as defined in section 216B.02, subdivision 4, that 
119.18 	provides natural gas sales or natural gas transportation services to customers in Minnesota.
119.19 		Subd. 2.Innovation plans. (a) A natural gas utility may file an innovation plan with 
119.20 	the commission. The utility's plan must include, as applicable, the following components:
119.21 	(1) the innovative resource or resources the utility plans to implement to contribute to 
119.22 	meeting the state's greenhouse gas and renewable energy goals, including those established 
119.23 	in section 216C.05, subdivision 2, clause (3), and section 216H.02, subdivision 1, within 
119.24 	the requirements and limitations set forth in this section;
119.25 	(2) research and development investments related to innovative resources the utility 
119.26 	plans to undertake;
119.27 	(3) total lifecycle greenhouse gas emissions that the utility projects are reduced or avoided 
119.28 	through implementing the plan;
119.29 	(4) a comparison of the estimate in clause (3) to total emissions from natural gas use by 
119.30 	utility customers in 2020;
120.1 	(5) a description of each pilot program included in the plan that is related to the 
120.2 	development or provision of innovative resources, and an estimate of the total incremental 
120.3 	costs to implement each pilot program;
120.4 	(6) the cost-effectiveness of innovative resources calculated from the perspective of the 
120.5 	utility, society, the utility's nonparticipating customers, and the utility's participating 
120.6 	customers compared to other innovative resources that could be deployed to reduce or avoid 
120.7 	the same greenhouse gas emissions targeted for reduction by the utility's proposed innovative 
120.8 	resource;
120.9 	(7) for any pilot program not previously approved as part of the utility's most recent 
120.10 	innovation plan, a third-party analysis of:
120.11 	(i) the lifecycle greenhouse gas emissions intensity of the proposed innovative resources; 
120.12 	and
120.13 	(ii) the forecasted lifecycle greenhouse gas emissions reduced or avoided if the proposed 
120.14 	pilot program is implemented;
120.15 	(8) an explanation of the methodology used by the utility to calculate the lifecycle 
120.16 	greenhouse gas emissions avoided or reduced by each pilot program included in the plan, 
120.17 	including descriptions of how the utility's method deviated, if at all, from the carbon 
120.18 	accounting frameworks established by the commission under section 216B.2428;
120.19 	(9) a discussion of whether the plan supports the development and use of alternative 
120.20 	agricultural products, waste reduction, reuse, or anaerobic digestion of organic waste, and 
120.21 	the recovery of energy from wastewater, and, if it does, a description of the geographic 
120.22 	areas of the state in which the benefits are realized;
120.23 	(10) a description of third-party systems and processes the utility plans to use to:
120.24 	(i) track the innovative resources included in the plan so that environmental benefits 
120.25 	produced by the plan are not claimed for any other program; and
120.26 	(ii) verify the environmental attributes and greenhouse gas emissions intensity of 
120.27 	innovative resources included in the plan;
120.28 	(11) projected local job impacts resulting from implementation of the plan and a 
120.29 	description of steps the utility and the utility's energy suppliers and contractors are taking 
120.30 	to maximize the availability of construction employment opportunities for local workers;
120.31 	(12) a description of how the utility proposes to recover annual total incremental costs 
120.32 	of the plan;
121.1 	(13) steps the utility has taken or proposes to take to reduce the expected cost of the plan 
121.2 	on low- and moderate-income residential customers and to ensure that low- and 
121.3 	moderate-income residential customers benefit from innovative resources included in the 
121.4 	plan;
121.5 	(14) a report on the utility's progress toward implementing the utility's previously 
121.6 	approved innovation plan, if applicable;
121.7 	(15) a report of the utility's progress toward achieving the cost-effectiveness objectives 
121.8 	established by the commission with respect to the utility's previously approved innovation 
121.9 	plan, if applicable; and
121.10 	(16) collections of pilot programs that the utility estimates would, if implemented, provide 
121.11 	approximately 50 percent, 150 percent, and 200 percent of the greenhouse gas reduction or 
121.12 	avoidance benefits of the utility's proposed plan.
121.13 	(b) The commission must approve, modify, or reject a plan. The commission must not 
121.14 	approve an innovation plan unless the commission finds:
121.15 	(1) the size, scope, and scale of the plan produces net benefits under the cost-benefit 
121.16 	framework established by the commission in section 216B.2428;
121.17 	(2) the plan promotes the use of renewable energy resources and reduces or avoids 
121.18 	greenhouse gas emissions at a cost level consistent with subdivision 3;
121.19 	(3) the plan promotes local economic development;
121.20 	(4) the innovative resources included in the plan have a lower lifecycle greenhouse gas 
121.21 	intensity than natural gas produced from conventional geologic sources;
121.22 	(5) the systems used to track and verify the environmental attributes of the innovative 
121.23 	resources included in the plan are reasonable, considering available third-party tracking and 
121.24 	verification systems;
121.25 	(6) the costs and revenues projected under the plan are reasonable in comparison to other 
121.26 	innovative resources the utility could deploy to reduce greenhouse gas emissions, considering 
121.27 	other benefits of the innovative resources included in the plan;
121.28 	(7) the total amount of estimated greenhouse gas emissions reduction or avoidance to 
121.29 	be achieved under the plan is reasonable considering the state's greenhouse gas and renewable 
121.30 	energy goals, including those established in section 216C.05, subdivision 2, clause (3), and 
121.31 	section 216H.02, subdivision 1; customer cost; and the total amount of greenhouse gas 
122.1 	emissions reduction or avoidance achieved under the utility's previously approved plans, if 
122.2 	applicable; and
122.3 	(8) any renewable natural gas purchased by a utility under the plan that is produced from 
122.4 	the anaerobic digestion of manure is certified as being produced at an agricultural livestock 
122.5 	production facility that has not and does not increase the number of animal units at the 
122.6 	facility solely or primarily to produce renewable natural gas for the plan.
122.7 	(c) In seeking to recover costs under a plan approved by the commission under this 
122.8 	section, the utility must demonstrate to the satisfaction of the commission that the actual 
122.9 	total incremental costs incurred to implement the approved innovation plan are reasonable. 
122.10 	Prudently incurred costs under an approved plan, including prudently incurred costs to 
122.11 	obtain the third-party analysis required in paragraph (a), clauses (6) and (7), are recoverable 
122.12 	either:
122.13 	(1) under section 216B.16, subdivision 7, clause (2), via the utility's purchased gas 
122.14 	adjustment;
122.15 	(2) in the utility's next general rate case; or
122.16 	(3) via annual adjustments, provided that after notice and comment the commission 
122.17 	determines that the costs included for recovery through rates are prudently incurred. Annual 
122.18 	adjustments must include a rate of return, income taxes on the rate of return, incremental 
122.19 	property taxes, incremental depreciation expense, and incremental operation and maintenance 
122.20 	expenses. The rate of return must be at the level approved by the commission in the utility's 
122.21 	last general rate case, unless the commission determines that a different rate of return is in 
122.22 	the public interest.
122.23 	(d) The commission may not approve a utility's initial plan filed under this section unless:
122.24 	(1) 50 percent or more of the utility's costs approved by the commission for recovery 
122.25 	under the plan are for the procurement and distribution of renewable natural gas, biogas, 
122.26 	hydrogen produced via power-to-hydrogen, and ammonia produced via power-to-ammonia; 
122.27 	and
122.28 	(2) the utility's costs approved by the commission for recovery for any pilot program to 
122.29 	facilitate the development, expansion, or modification of district energy systems, as required 
122.30 	under subdivision 9, represent no more than 20 percent of the total costs approved by the 
122.31 	commission for recovery under the plan.
122.32 	(e) Upon approval of a utility's plan, the commission shall establish cost-effectiveness 
122.33 	objectives for the plan based on the cost-benefit test for innovative resources developed 
123.1 	under section 216B.2428. The cost-effectiveness objective for each plan must demonstrate 
123.2 	incremental progress from the previously approved plan's cost-effectiveness objective.
123.3 	(f) A utility operating under an approved plan must file annual reports to the commission 
123.4 	on work completed under the plan, including:
123.5 	(1) costs incurred;
123.6 	(2) lifecycle greenhouse gas emissions reductions or avoidance achieved;
123.7 	(3) a description of the processes used to track and verify the innovative resources and 
123.8 	to retire the associated environmental attributes;
123.9 	(4) an assessment of the degree to which the lifecycle greenhouse gas accounting 
123.10 	methodology is consistent with current science;
123.11 	(5) the economic impact of the plan, including job creation;
123.12 	(6) the utility's progress toward achieving the cost-effectiveness objectives established 
123.13 	by the commission; and
123.14 	(7) modifications to elements of the plan proposed by the utility.
123.15 	(g) When evaluating a utility's annual report, the commission may:
123.16 	(1) approve the continuation of a pilot program included in the plan, with or without 
123.17 	modifications;
123.18 	(2) require the utility to file a new or modified pilot program or plan; or
123.19 	(3) disapprove the continuation of a pilot program or plan.
123.20 	(h) An innovation plan has a term of five years. A subsequent innovation plan must be 
123.21 	filed no later than four years after the previous plan was approved by the commission so 
123.22 	that, if approved, the new plan takes effect immediately upon expiration of the previous 
123.23 	plan.
123.24 	(i) For purposes of this section and the commission's lifecycle carbon accounting 
123.25 	framework and cost-benefit test for innovative resources under section 216B.2428, any 
123.26 	required analysis of lifecycle greenhouse gas emissions reductions or avoidance, or lifecycle 
123.27 	greenhouse gas intensity:
123.28 	(1) must include but is not limited to estimates of:
123.29 	(i) avoided or reduced greenhouse gas emissions attributable to utility operations;
124.1 	(ii) avoided or reduced greenhouse gas emissions from the production, processing, and 
124.2 	transmission of fuels prior to receipt by the utility; and
124.3 	(iii) avoided or reduced greenhouse gas emissions at the point of end use;
124.4 	(2) must not count any unit of greenhouse gas emissions avoidance or reduction more 
124.5 	than once; and
124.6 	(3) may, where direct measurement is not technically or economically feasible, rely on 
124.7 	emissions factors, default values, or engineering estimates from a publicly accessible source 
124.8 	accepted by a federal or state government agency, provided that the emissions factors, 
124.9 	default values, or engineering estimates can be demonstrated to the satisfaction of the 
124.10 	commission to produce a reasonable estimate of greenhouse gas emissions reductions, 
124.11 	avoidance, or intensity.
124.12 	(j) Strategic electrification implemented in a plan approved by the commission under 
124.13 	this section is not eligible for a financial incentive under section 216B.241, subdivision 2c. 
124.14 	Electric end-use equipment installed under a plan approved by the commission under this 
124.15 	section is the exclusive property of the building owner.
124.16 		Subd. 3.Limitations on utility customer costs. (a) Except as provided in paragraph 
124.17 	(b), the first innovation plan submitted to the commission by a utility must not propose, and 
124.18 	the commission must not approve, annual total incremental costs exceeding the lesser of:
124.19 	(1) 1.75 percent of the utility's gross operating revenues from natural gas service provided 
124.20 	in Minnesota at the time of plan filing; or
124.21 	(2) $20 per nonexempt customer, based on the proposed annual total incremental costs 
124.22 	for each year of the plan divided by the total number of nonexempt utility customers.
124.23 	(b) The commission may approve additional annual costs up to the lesser of:
124.24 	(1) an additional 0.25 percent of the utility's gross operating revenues from service 
124.25 	provided in Minnesota at the time of plan filing; or
124.26 	(2) $5 per nonexempt customer, based on the proposed annual total incremental costs 
124.27 	for each year of the plan divided by the total number of nonexempt utility customers of 
124.28 	incremental costs.
124.29 	The commission may approve the additional costs under this paragraph only if the 
124.30 	commission determines that the additional costs are associated exclusively with the purchase 
124.31 	of renewable natural gas produced from:
124.32 	(i) food waste diverted from a landfill;
125.1 	(ii) a municipal wastewater treatment system; or
125.2 	(iii) an organic mixture that includes at least 15 percent, by volume, sustainably harvested 
125.3 	native prairie grasses or locally appropriate cover crops, as determined by a local soil and 
125.4 	water conservation district or the United States Department of Agriculture, Natural Resources 
125.5 	Conservation Service.
125.6 	(c) Unless the commission determines that paragraph (d) applies, if the commission 
125.7 	determines that the utility has successfully achieved the cost-effectiveness objectives 
125.8 	established in the utility's most recently approved innovation plan, the next subsequent plan 
125.9 	filed by the utility under this section is subject to the provisions of paragraphs (a) and (b), 
125.10 	except that:
125.11 	(1) the cap on total incremental costs in paragraph (a) with respect to the second plan is 
125.12 	the lesser of:
125.13 	(i) 2.75 percent of the utility's gross operating revenues from natural gas service in 
125.14 	Minnesota at the time of the plan's filing; or
125.15 	(ii) $35 per nonexempt customer; and
125.16 	(2) the cap on additional costs in paragraph (b) is the lesser of:
125.17 	(i) an additional 0.75 percent of the utility's gross operating revenues from natural gas 
125.18 	service in Minnesota at the time of the plan's filing; or
125.19 	(ii) $10 per nonexempt customer.
125.20 	(d) If the commission determines that the utility has successfully achieved the 
125.21 	cost-effectiveness objectives established in two of the same utility's previously approved 
125.22 	innovation plans, all subsequent plans filed by the utility under this section are subject to 
125.23 	paragraphs (a) and (b), except that:
125.24 	(1) the cap on total incremental costs in paragraph (a) with respect to the third or 
125.25 	subsequent plan is the lesser of:
125.26 	(i) four percent of the utility's gross operating revenues from natural gas service in 
125.27 	Minnesota at the time of the plan's filing; or
125.28 	(ii) $50 per nonexempt customer; and
125.29 	(2) the cap on additional costs in paragraph (b) is the lesser of:
125.30 	(i) an additional 1.5 percent of the utility's gross operating revenues from natural gas 
125.31 	service in Minnesota at the time of the plan's filing; or
126.1 	(ii) $20 per nonexempt customer.
126.2 	(e) For purposes of paragraphs (a) to (d), the limits on annual total incremental costs 
126.3 	must be calculated at the time the innovation plan is filed as the average of the utility's 
126.4 	forecasted total incremental costs over the five-year term of the plan.
126.5 	(f) A large customer facility that the commissioner of commerce has exempted from a 
126.6 	utility's conservation improvement program under section 216B.241, subdivision 1a, 
126.7 	paragraph (b), is exempt from the utility's innovation plan offerings and must not be charged 
126.8 	any costs incurred to implement an approved innovation plan unless the large customer 
126.9 	facility files a request with the commissioner to be included in a utility's innovation plan. 
126.10 	The commission may prohibit large customer facilities exempt from innovation plan costs 
126.11 	from participating in innovation plans.
126.12 	(g) A utility filing an innovation plan may include annual spending and investments on 
126.13 	research and development of up to ten percent of the proposed total incremental costs related 
126.14 	to innovative plans, subject to the limitations in paragraphs (a) to (e).
126.15 	(h) For purposes of this subdivision, gross operating revenues do not include revenues 
126.16 	from large customer facilities exempt from innovation plan costs.
126.17 		Subd. 4.Innovative resources procured outside of an innovation plan. (a) Without 
126.18 	filing an innovation plan, a natural gas utility may propose and the commission may approve 
126.19 	cost recovery for:
126.20 	(1) innovative resources acquired to satisfy a commission-approved green tariff program 
126.21 	that allows customers to choose to meet a portion of the customers' energy needs through 
126.22 	innovative resources; or
126.23 	(2) utility expenditures for innovative resources procured at a cost that is within five 
126.24 	percent of the average of Ventura and Demarc index prices for natural gas produced from 
126.25 	conventional geologic sources at the time of the transaction per unit of natural gas that the 
126.26 	innovative resource displaces.
126.27 	(b) An approved green tariff program must include provisions to ensure that reasonable 
126.28 	systems are used to track and verify the environmental attributes of innovative resources 
126.29 	included in the program, taking into account any available third-party tracking or verification 
126.30 	systems.
126.31 	(c) For the purposes of this subdivision, "Ventura and Demarc index prices" means the 
126.32 	daily index price of wholesale natural gas sold at the Northern Natural Gas Company's 
126.33 	Ventura trading hub in Hancock County, Iowa, and its demarcation point in Clifton, Kansas.
127.1 		Subd. 5.Power-to-ammonia. When determining whether to approve a power-to-ammonia 
127.2 	pilot program as part of an innovative plan, the commission must consider:
127.3 	(1) the risk of exposing any person to unhealthy concentrations of ammonia;
127.4 	(2) the risk that any home or business might be affected by ammonia odors;
127.5 	(3) whether the greenhouse gas emissions addressed by the proposed power-to-ammonia 
127.6 	project could be more efficiently addressed using power-to-hydrogen; and
127.7 	(4) whether the power-to-ammonia project achieves lifecycle greenhouse gas emissions 
127.8 	reductions in the agricultural sector more effectively than power-to-hydrogen.
127.9 		Subd. 6.Thermal energy audits. The first innovation plan filed under this section by 
127.10 	a utility with more than 800,000 customers must include a pilot program to provide thermal 
127.11 	energy audits to small- and medium-sized business in order to identify opportunities to 
127.12 	reduce or avoid greenhouse gas emissions from natural gas use. The pilot program must 
127.13 	provide incentives for businesses to implement recommendations made by the audit. The 
127.14 	utility must develop criteria to identify businesses that achieve significant emissions 
127.15 	reductions by implementing audit recommendations and must recognize the businesses as 
127.16 	thermal energy leaders.
127.17 		Subd. 7.Innovative resources for certain industrial processes. The first innovation 
127.18 	plan filed under this section by a utility with more than 800,000 customers must include a 
127.19 	pilot program to provide innovative resources to industrial facilities whose manufacturing 
127.20 	processes, for technical reasons, are not amenable to electrification. A large customer facility 
127.21 	exempt from innovation plan offerings under subdivision 3, paragraph (f), is not eligible to 
127.22 	participate in the pilot program under this subdivision.
127.23 		Subd. 8.Electric cold climate air-source heat pumps. (a) The first innovation plan 
127.24 	filed under this section by a utility with more than 800,000 customers must include a pilot 
127.25 	program that facilitates deep energy retrofits and the installation of cold climate electric 
127.26 	air-source heat pumps in existing residential homes that have natural gas heating systems.
127.27 	(b) For purposes of this subdivision, "deep energy retrofit" means the installation of any 
127.28 	measure or combination of measures, including air sealing and addressing thermal bridges, 
127.29 	that under normal weather and operating conditions can reasonably be expected to reduce 
127.30 	a building's calculated design load to ten or fewer British Thermal Units per hour per square 
127.31 	foot of conditioned floor area. Deep energy retrofit does not include the installation of 
127.32 	photovoltaic electric generation equipment, but may include the installation of a solar thermal 
127.33 	energy project.
128.1 		Subd. 9.District energy. The first innovation plan filed under this section by a utility 
128.2 	with more than 800,000 customers must include a pilot program to facilitate the development, 
128.3 	expansion, or modification of district energy systems in Minnesota. This subdivision does 
128.4 	not require the utility to propose, construct, maintain, or own district energy infrastructure.
128.5 		Subd. 10.Throughput goal. It is the goal of the state of Minnesota that through the 
128.6 	Natural Gas Innovation Act and Conservation Improvement Program, utilities reduce the 
128.7 	overall amount of natural gas produced from conventional geologic sources delivered to 
128.8 	customers.
128.9 		Subd. 11.Utility system report and forecasts. (a) A public utility filing an innovation 
128.10 	plan shall concurrently submit a report to the commission containing the following 
128.11 	information:
128.12 	(1) the volume of methane gas emissions attributed to venting or leakage across the 
128.13 	utility's system, including emissions information reported to the Environmental Protection 
128.14 	Agency and gas leaks considered to be hazardous or nonhazardous, and a narrative description 
128.15 	of the utility's expectations regarding the cost and performance of the utility's leakage 
128.16 	reduction programs over the next five years;
128.17 	(2) total system greenhouse gas emissions and greenhouse gas emissions projected to 
128.18 	be reduced or avoided through innovative resource investments and energy conservation 
128.19 	investments, and a narrative description of the costs required to achieve the reductions over 
128.20 	the next five years through investments in innovative resources and energy conservation;
128.21 	(3) the quantity of pipe in service in the utility's natural gas network in Minnesota, by 
128.22 	material, size, coating, operating pressure, and decade of installation, based on utility 
128.23 	information reported to the United States Department of Transportation;
128.24 	(4) a narrative description of other significant equipment owned and operated by the 
128.25 	utility through which gas is transported or stored, including regulator stations and storage 
128.26 	facilities, a discussion of the function of the equipment, how the equipment is maintained, 
128.27 	and utility efforts to prevent leaks from the equipment;
128.28 	(5) a five-year forecast of fuel prices and anticipated purchases including, as available, 
128.29 	natural gas produced from conventional geologic sources, renewable natural gas, and 
128.30 	alternative fuels;
128.31 	(6) a five-year forecast of potential capital investments by the utility in existing 
128.32 	infrastructure and new infrastructure for natural gas produced from conventional geologic 
128.33 	sources and for innovative resources; and
129.1 	(7) an inventory of the utility's current financial incentive programs for natural gas, 
129.2 	including rebates and incentives offered for new and existing buildings and a description 
129.3 	of the utility's projected changes in incentives the utility is likely to implement over the next 
129.4 	five years.
129.5 	(b) Information filed under this subdivision is intended to be used by the commission 
129.6 	to evaluate a utility's innovation plan in the context of the utility's other planned investments 
129.7 	and activities with respect to natural gas produced from conventional geologic sources. 
129.8 	Information filed under this subdivision must not be used by the commission to set or limit 
129.9 	utility rate recovery.

129.10 	EFFECTIVE DATE. This section is effective June 1, 2022.

129.11 	Sec. 21. [216B.2428] LIFECYCLE GREENHOUSE GAS EMISSIONS 
129.12 	ACCOUNTING FRAMEWORK; COST-BENEFIT TEST FOR INNOVATIVE 
129.13 	RESOURCES.
129.14 	By June 1, 2022, the commission shall, by order, issue frameworks the commission must 
129.15 	use to calculate lifecycle greenhouse gas emissions intensities of each innovative resource, 
129.16 	as follows:
129.17 	(1) a general framework to compare the lifecycle greenhouse gas emissions intensities 
129.18 	of power-to-hydrogen, strategic electrification, renewable natural gas, district energy, energy 
129.19 	efficiency, biogas, carbon capture, and power-to-ammonia; and
129.20 	(2) a cost-benefit analytic framework to be applied to innovative resources and innovation 
129.21 	plans filed under section 216B.2427 that the commission must use to compare the 
129.22 	cost-effectiveness of those resources and plans. This analytic framework must take into 
129.23 	account:
129.24 	(i) the total incremental cost of the plan or resource and the lifecycle greenhouse gas 
129.25 	emissions avoided or reduced by the innovative resource or plan, using the framework 
129.26 	developed under clause (1);
129.27 	(ii) additional economic costs and benefits, programmatic costs and benefits, additional 
129.28 	environmental costs and benefits, and other costs or benefits that may be expected under a 
129.29 	plan; and
129.30 	(iii) baseline cost-effectiveness criteria against which an innovation plan should be 
129.31 	compared. When establishing baseline criteria, the commission must take into account 
129.32 	options available to reduce lifecycle greenhouse gas emissions from natural gas end uses 
129.33 	and the goals in section 216C.05, subdivision 2, clause (3), and section 216H.02, subdivision 
130.1 	1. To the maximum reasonable extent, the cost-benefit framework must be consistent with 
130.2 	environmental cost values established under section 216B.2422, subdivision 3, and other 
130.3 	calculations of the social value of greenhouse gas emissions reductions used by the 
130.4 	commission. The commission may update frameworks established under this section as 
130.5 	necessary.

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

130.7 	Sec. 22. Minnesota Statutes 2020, section 216B.62, subdivision 3b, is amended to read:
130.8 		Subd. 3b.Assessment for department regional and national duties. (a) In addition 
130.9 	to other assessments in subdivision 3, the department may assess up to $500,000 per fiscal 
130.10 	year for performing its to perform the duties under section 216A.07, subdivision 3a, and to 
130.11 	conduct analysis that assesses energy grid reliability at state, regional, and national levels. 
130.12 	The amount in this subdivision shall be assessed to energy utilities in proportion to their 
130.13 	respective gross operating revenues from retail sales of gas or electric service within the 
130.14 	state during the last calendar year and shall be deposited into an account in the special 
130.15 	revenue fund and is appropriated to the commissioner of commerce for the purposes of 
130.16 	section 216A.07, subdivision 3a. An assessment made under this subdivision is not subject 
130.17 	to the cap on assessments provided in subdivision 3 or any other law. For the purpose of 
130.18 	this subdivision, an "energy utility" means public utilities, generation and transmission 
130.19 	cooperative electric associations, and municipal power agencies providing natural gas or 
130.20 	electric service in the state.
130.21 	(b) By February 1, 2023, the commissioner of commerce must submit a written report 
130.22 	to the chairs and ranking minority members of the legislative committees with primary 
130.23 	jurisdiction over energy policy. The report must describe how the department has used 
130.24 	utility grid assessment funding under paragraph (a) and must explain the impact the grid 
130.25 	assessment funding has had on grid reliability in Minnesota.
130.26 	(c) This subdivision expires June 30, 2021 2023.

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

130.28 	Sec. 23. [216C.375] SOLAR FOR SCHOOLS PROGRAM.
130.29 		Subdivision 1.Definitions. (a) For the purposes of this section and section 216C.376, 
130.30 	the following terms have the meanings given them.
130.31 	(b) "Developer" means an entity that installs a solar energy system on a school building 
130.32 	that has been awarded a grant under this section.
131.1 	(c) "Photovoltaic device" has the meaning given in section 216C.06, subdivision 16.
131.2 	(d) "School" means: (1) a school that operates as part of an independent or special school 
131.3 	district; or (2) a state college or university that is under the jurisdiction of the Board of 
131.4 	Trustees of the Minnesota State Colleges and Universities.
131.5 	(e) "School district" means an independent or special school district.
131.6 	(f) "Solar energy system" means photovoltaic or solar thermal devices.
131.7 	(g) "Solar thermal" has the meaning given to "qualifying solar thermal project" in section 
131.8 	216B.2411, subdivision 2, paragraph (d).
131.9 	(h) "State colleges and universities" has the meaning given in section 136F.01, subdivision 
131.10 	4.
131.11 		Subd. 2.Establishment; purpose. A solar for schools program is established in the 
131.12 	Department of Commerce. The purpose of the program is to provide grants to stimulate the 
131.13 	installation of solar energy systems on or adjacent to school buildings by reducing the cost, 
131.14 	and to enable schools to use the solar energy system as a teaching tool that can be integrated 
131.15 	into the school's curriculum.
131.16 		Subd. 3.Establishment of account. A solar for schools program account is established 
131.17 	in the special revenue fund. Money received from the general fund must be transferred to 
131.18 	the commissioner of commerce and credited to the account. Except as otherwise provided 
131.19 	in this paragraph, money deposited in the account remains in the account until expended. 
131.20 	Any money that remains in the account on June 30, 2027, cancels to the general fund.
131.21 		Subd. 4.Expenditures. (a) Money in the account may be used only:
131.22 	(1) for grant awards made under this section; and
131.23 	(2) to pay the reasonable costs incurred by the department to administer this section.
131.24 	(b) Grant awards made with funds in the account must be used only for grants for solar 
131.25 	energy systems installed on or adjacent to school buildings receiving retail electric service 
131.26 	from a utility that is not subject to section 116C.779, subdivision 1.
131.27 		Subd. 5.Eligible system. (a) A grant may be awarded to a school under this section 
131.28 	only if the solar energy system that is the subject of the grant:
131.29 	(1) is installed on or adjacent to the school building that consumes the electricity generated 
131.30 	by the solar energy system, on property within the service territory of the utility currently 
131.31 	providing electric service to the school building;
132.1 	(2) has a capacity that does not exceed the lesser of 40 kilowatts or 120 percent of the 
132.2 	estimated annual electricity consumption of the school building at which the solar energy 
132.3 	system is installed; and
132.4 	(3) has real-time and cumulative display devices, located in a prominent location 
132.5 	accessible to students and the public, that indicate the system's electrical performance.
132.6 	(b) A school that receives a rebate or other financial incentive under section 216B.241 
132.7 	for a solar energy system and that demonstrates considerable need for financial assistance, 
132.8 	as determined by the commissioner, is eligible for a grant under this section for the same 
132.9 	solar energy system.
132.10 		Subd. 6.Application process. (a) The commissioner must issue a request for proposals 
132.11 	to utilities, schools, and developers who may wish to apply for a grant under this section 
132.12 	on behalf of a school.
132.13 	(b) A utility or developer must submit an application to the commissioner on behalf of 
132.14 	a school on a form prescribed by the commissioner. The form must include, at a minimum, 
132.15 	the following information:
132.16 	(1) the capacity of the proposed solar energy system and the amount of electricity that 
132.17 	is expected to be generated;
132.18 	(2) the current energy demand of the school building on which the solar energy generating 
132.19 	system is to be installed and information regarding any distributed energy resource, including 
132.20 	subscription to a community solar garden, that currently provides electricity to the school 
132.21 	building;
132.22 	(3) a description of any solar thermal devices proposed as part of the solar energy system;
132.23 	(4) the total cost to purchase and install the solar energy system and the solar energy 
132.24 	system's lifecycle cost, including removal and disposal at the end of the system's life;
132.25 	(5) a copy of the proposed contract agreement between the school and the public utility 
132.26 	or developer that includes provisions addressing responsibility for maintenance of the solar 
132.27 	energy system;
132.28 	(6) the school's plan to make the solar energy system serve as a visible learning tool for 
132.29 	students, teachers, and visitors to the school, including how the solar energy system may 
132.30 	be integrated into the school's curriculum and provisions for real-time monitoring of the 
132.31 	solar energy system performance for display in a prominent location within the school or 
132.32 	on-demand in the classroom;
133.1 	(7) information that demonstrates the school's level of need for financial assistance 
133.2 	available under this section;
133.3 	(8) information that demonstrates the school's readiness to implement the project, 
133.4 	including but not limited to the availability of the site on which the solar energy system is 
133.5 	to be installed and the level of the school's engagement with the utility providing electric 
133.6 	service to the school building on which the solar energy system is to be installed on issues 
133.7 	relevant to the implementation of the project, including metering and other issues;
133.8 	(9) with respect to the installation and operation of the solar energy system, the 
133.9 	willingness and ability of the developer or the public utility to:
133.10 	(i) pay employees and contractors a prevailing wage rate, as defined in section 177.42, 
133.11 	subdivision 6; and
133.12 	(ii) adhere to the provisions of section 177.43;
133.13 	(10) how the developer or public utility plans to reduce the school's initial capital expense 
133.14 	to purchase and install the solar energy system by providing financial assistance to the 
133.15 	school; and
133.16 	(11) any other information deemed relevant by the commissioner.
133.17 	(c) The commissioner must administer an open application process under this section 
133.18 	at least twice annually.
133.19 	(d) The commissioner must develop administrative procedures governing the application 
133.20 	and grant award process.
133.21 		Subd. 7.Energy conservation review. At the commissioner's request, a school awarded 
133.22 	a grant under this section shall provide the commissioner information regarding energy 
133.23 	conservation measures implemented at the school building at which the solar energy system 
133.24 	is installed. The commissioner may make recommendations to the school regarding 
133.25 	cost-effective conservation measures it can implement and may provide technical assistance 
133.26 	and direct the school to available financial assistance programs.
133.27 		Subd. 8.Technical assistance. The commissioner must provide technical assistance to 
133.28 	schools to develop and execute projects under this section.
133.29 		Subd. 9.Grant payments. The commissioner must award a grant from the account 
133.30 	established under subdivision 3 to a school for the necessary costs associated with the 
133.31 	purchase and installation of a solar energy system. The amount of the grant must be based 
133.32 	on the commissioner's assessment of the school's need for financial assistance.
134.1 		Subd. 10.Application deadline. No application may be submitted under this section 
134.2 	after December 31, 2025.
134.3 		Subd. 11.Reporting. Beginning January 15, 2022, and each year thereafter until January 
134.4 	15, 2028, the commissioner must report to the chairs and ranking minority members of the 
134.5 	legislative committees with jurisdiction over energy regarding: (1) grants and amounts 
134.6 	awarded to schools under this section during the previous year; (2) financial assistance, 
134.7 	including amounts per award, provided to schools under section 216C.376 during the 
134.8 	previous year; and (3) any remaining balances available under this section and section 
134.9 	216C.376.

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

134.11 	Sec. 24. [216C.376] SOLAR FOR SCHOOLS PROGRAM FOR CERTAIN UTILITY 
134.12 	SERVICE TERRITORY.
134.13 		Subdivision 1.Establishment; purpose. The utility subject to section 116C.779 must 
134.14 	operate a program to provide financial assistance to enable schools to install and operate 
134.15 	solar energy systems that can be used as teaching tools and be integrated into the school 
134.16 	curriculum.
134.17 		Subd. 2.Required plan. (a) By October 1, 2021, the public utility must file a plan for 
134.18 	the solar for schools program with the commissioner. The plan must contain but is not 
134.19 	limited to the following elements:
134.20 	(1) a description of how the public utility proposes to use incentive program money 
134.21 	withheld from the renewable development account to provide financial assistance to schools 
134.22 	at which a solar energy system is installed;
134.23 	(2) an estimate of the amount of financial assistance that the public utility provides to a 
134.24 	school under clause (1), and the length of time financial assistance is provided;
134.25 	(3) administrative procedures governing the application and financial assistance award 
134.26 	process, and the costs the public utility is projected to incur to administer the program;
134.27 	(4) the public utility's proposed process for periodic reevaluation and modification of 
134.28 	the program; and
134.29 	(5) any additional information required by the commissioner.
134.30 	(b) The public utility may not implement the program until the commissioner approves 
134.31 	the public utility's plan submitted under this subdivision. The commissioner must approve 
134.32 	a plan under this subdivision that the commissioner determines to be in the public interest 
135.1 	no later than December 31, 2021. Any proposed modifications to the plan approved under 
135.2 	this subdivision must be approved by the commissioner.
135.3 		Subd. 3.System eligibility. A solar energy system is eligible to receive financial 
135.4 	assistance under this section if it meets all of the following conditions:
135.5 	(1) the solar energy system must be located on or adjacent to a school building receiving 
135.6 	retail electric service from the public utility and completely located within the public utility's 
135.7 	electric service territory, provided that any land situated between the school building and 
135.8 	the site where the solar energy system is installed is owned by the school district or the state 
135.9 	college or university in which the school building operates;
135.10 	(2) the total aggregate nameplate capacity of all distributed generation serving the school 
135.11 	building, including any subscriptions to a community solar garden under section 216B.1641, 
135.12 	may not exceed the lesser of one megawatt alternating current or 120 percent of the average 
135.13 	annual electric energy consumption of the school building; and
135.14 	(3) has real-time and cumulative display devices, located in a prominent location 
135.15 	accessible to students and the public, that indicate the system's electrical performance.
135.16 		Subd. 4.Application process. (a) A school seeking financial assistance under this section 
135.17 	must submit an application to the public utility, including a plan for how the school uses 
135.18 	the solar energy system as a visible learning tool for students, teachers, and visitors to the 
135.19 	school, and how the solar energy system may be integrated into the school's curriculum.
135.20 	(b) The public utility must award financial assistance under this section on a first-come, 
135.21 	first-served basis.
135.22 	(c) The public utility must discontinue accepting applications under this section after 
135.23 	all money withheld under subdivision 5 are allocated to program participants, including 
135.24 	funds from canceled projects.
135.25 		Subd. 5.Program funding. (a) In 2022, the public utility subject to section 116C.779 
135.26 	must withhold $8,000,000 from the transfer made under section 116C.779, subdivision 1, 
135.27 	paragraph (e), to pay for assistance provided by the program under this section. The money 
135.28 	withheld under this paragraph must be used to pay for financial assistance awarded under 
135.29 	this section and the costs to administer this section. Any money that remains unexpended 
135.30 	on June 30, 2027, cancels to the renewable development account.
135.31 	(b) The renewable energy credits associated with the electricity generated by a solar 
135.32 	energy system installed under this section are the property of the public utility that is subject 
136.1 	to this section for the life of the system, regardless of the duration of the financial assistance 
136.2 	provided by the public utility under this section.
136.3 		Subd. 6.Limitation. (a) No more than 60 percent of the financial assistance provided 
136.4 	by the public utility to schools under this section may be provided to schools where the 
136.5 	proportion of students eligible for free and reduced-price lunch under the National School 
136.6 	Lunch Program is less than 50 percent. If, after December 31, 2024, there is an insufficient 
136.7 	number of applicant schools to fulfill the requirements of this paragraph, the remaining 
136.8 	amounts may be provided to any school that is otherwise eligible to receive financial 
136.9 	assistance under this section but for the requirements of this paragraph.
136.10 	(b) No more than ten percent of the total amount of financial assistance provided by the 
136.11 	public utility to schools under this section may be provided to schools that are part of the 
136.12 	same school district or state college or university.
136.13 	(c) Paragraph (a) does not apply to a state college or university.
136.14 		Subd. 7.Technical assistance. The commissioner may provide technical assistance to 
136.15 	schools to develop and execute projects under this section.
136.16 		Subd. 8.Program information. The public utility must provide information requested 
136.17 	by the commissioner that the commissioner determines is necessary to complete the report 
136.18 	required under section 216C.375, subdivision 11.
136.19 		Subd. 9.Application deadline. No application may be submitted under this section 
136.20 	after December 31, 2025.

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

136.22 	Sec. 25. Minnesota Statutes 2020, section 216F.012, is amended to read:
136.23 	216F.012 SIZE ELECTION.
136.24 	(a) A wind energy conversion system of less than 25 megawatts of nameplate capacity 
136.25 	as determined under section 216F.011 is a small wind energy conversion system if, by July 
136.26 	1, 2009, the owner so elects in writing and submits a completed application for zoning 
136.27 	approval and the written election to the county or counties in which the project is proposed 
136.28 	to be located. The owner must notify the Public Utilities Commission of the election at the 
136.29 	time the owner submits the election to the county.
136.30 	(b) Notwithstanding paragraph (a), a wind energy conversion system with a nameplate 
136.31 	capacity exceeding five megawatts that is proposed to be located wholly or partially within 
136.32 	a wind access buffer adjacent to state lands that are part of the outdoor recreation system, 
137.1 	as enumerated in section 86A.05, is a large wind energy conversion system. The Department 
137.2 	of Natural Resources shall negotiate in good faith with a system owner regarding siting and 
137.3 	may support the system owner in seeking a variance from the system setback requirements 
137.4 	if it determines that a variance is in the public interest.
137.5 	(c) The Public Utilities Commission shall issue an annual report to the chairs and ranking 
137.6 	minority members of the house of representatives and senate committees with primary 
137.7 	jurisdiction over energy policy and natural resource policy regarding any variances applied 
137.8 	for and not granted for systems subject to paragraph (b).

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

137.10 	Sec. 26. [216F.084] WIND TURBINE LIGHTING SYSTEMS.
137.11 		Subdivision 1.Definitions. (a) For the purposes of this section, the following terms have 
137.12 	the meanings given.
137.13 	(b) "Duration" means the length of time during which the lights of a wind turbine lighting 
137.14 	system are lit.
137.15 	(c) "Intensity" means the brightness of a wind turbine lighting system's lights.
137.16 	(d) "Light-mitigating technology" means a sensor-based system that reduces the duration 
137.17 	or intensity of wind turbine lighting systems by:
137.18 	(1) using radio frequency or other sensors to detect aircraft approaching one or more 
137.19 	wind turbines, or detecting visibility conditions at turbine sites; and
137.20 	(2) automatically activating appropriate lights until the lights are no longer needed by 
137.21 	the aircraft and are turned off or dimmed.
137.22 	A light-mitigating technology may include an audio feature that transmits an audible warning 
137.23 	message to provide a pilot additional information regarding a wind turbine the aircraft is 
137.24 	approaching.
137.25 	(e) "Repowering project" has the meaning given in section 216B.243, subdivision 8, 
137.26 	paragraph (b).
137.27 	(f) "Wind turbine lighting system" means a system of lights installed on an LWECS that 
137.28 	meets the applicable Federal Aviation Administration requirements.
137.29 		Subd. 2.Application. This section applies to an LWECS issued a site permit or site 
137.30 	permit amendment, including a site permit amendment for an LWECS repowering project, 
138.1 	by the commission under section 216F.04 or by a county under section 216F.08, provided 
138.2 	that the application for a site permit or permit amendment is filed after July 1, 2021.
138.3 		Subd. 3.Required lighting system. (a) An LWECS subject to this section must be 
138.4 	equipped with a light-mitigating technology that meets the requirements established in 
138.5 	Chapter 14 of the Federal Aviation Administration's Advisory Circular 70/760-1, Obstruction 
138.6 	Marking and Lighting, as updated, unless the Federal Aviation Administration, after 
138.7 	reviewing the LWECS site plan, rejects the use of the light-mitigating technology for the 
138.8 	LWECS. A light-mitigating technology installed on a wind turbine in Minnesota must be 
138.9 	purchased from a vendor approved by the Federal Aviation Administration.
138.10 	(b) If the Federal Aviation Administration, after reviewing the LWECS site plan, rejects 
138.11 	the use of a light-mitigating technology for the LWECS under paragraph (a), the LWECS 
138.12 	must be equipped with a wind turbine lighting system that minimizes the duration or intensity 
138.13 	of the lighting system while maintaining full compliance with the lighting standards 
138.14 	established in Chapter 13 of the Federal Aviation Administration's Advisory Circular 
138.15 	70/760-1, Obstruction Marking and Lighting, as updated.
138.16 		Subd. 4.Exemptions. (a) The Public Utilities Commission or a county that has assumed 
138.17 	permitting authority under section 216F.08 must grant an owner of an LWECS an exemption 
138.18 	from subdivision 3, paragraph (a), if the Federal Aviation Administration denies the owner's 
138.19 	application to equip an LWECS with a light-mitigating technology.
138.20 	(b) The Public Utilities Commission or a county that has assumed permitting authority 
138.21 	under section 216F.08 must grant an owner of an LWECS an exemption from or an extension 
138.22 	of time to comply with subdivision 3, paragraph (a), if after notice and public hearing the 
138.23 	owner of the LWECS demonstrates to the satisfaction of the commission or county that:
138.24 	(1) equipping an LWECS with a light-mitigating technology is technically infeasible;
138.25 	(2) equipping an LWECS with a light-mitigating technology imposes a significant 
138.26 	financial burden on the permittee; or
138.27 	(3) a vendor approved by the Federal Aviation Administration cannot deliver a 
138.28 	light-mitigating technology to the LWECS owner in a reasonable amount of time.

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

139.1 	Sec. 27. PUBLIC UTILITIES COMMISSION; EVALUATION OF THE ROLE OF 
139.2 	NATURAL GAS UTILITIES IN ACHIEVING STATE GREENHOUSE GAS 
139.3 	REDUCTION GOALS.
 139.4 	By August 1, 2021, the Public Utilities Commission must initiate a proceeding to evaluate 
139.5 	changes to natural gas utility regulatory and policy structures needed to meet or exceed 
139.6 	Minnesota's greenhouse gas emissions reductions goals, including those established in 
139.7 	Minnesota Statutes, section 216H.02.

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

139.9 	Sec. 28. DEPARTMENT OF ADMINISTRATION; MASTER SOLAR CONTRACT 
139.10 	PROGRAM.
 139.11 	The Department of Administration shall not extend the term of its current on-site solar 
139.12 	photovoltaic master contract, but shall instead, no later than February 1, 2022, announce 
139.13 	an open request for proposals for a new statewide on-site solar photovoltaic master contract 
139.14 	to allow additional applicants to submit proposals to enable their participation in the state's 
139.15 	solar master contract program.

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

139.17 	Sec. 29. AGRICULTURAL WEATHER STUDY.
 139.18 	(a) The Board of Regents of the University of Minnesota is requested to conduct a study 
139.19 	that generates weather model projections for the entire state of Minnesota at a level of detail 
139.20 	as small as three square miles in area. At a minimum, the study must:
139.21 	(1) use resources at the Minnesota Supercomputing Institute to analyze high-performing 
139.22 	models under varying greenhouse gas emissions scenarios and develop a series of projections 
139.23 	of temperature, precipitation, snow cover, and a variety of other parameters through the 
139.24 	year 2100;
139.25 	(2) downscale the impact results under clause (1) to areas as small as three square miles;
139.26 	(3) develop a publicly accessible data portal website to:
139.27 	(i) allow farmers, other universities, nonprofit organizations, businesses, and government 
139.28 	agencies to use the model projections; and
139.29 	(ii) educate and train users to use the data most effectively; and
139.30 	(4) incorporate information on how to use the model results in the University of 
139.31 	Minnesota Extension's education efforts.
140.1 	(b) In conjunction with the study, the university must conduct at least two "train the 
140.2 	trainer" workshops for farmers, state agencies, municipalities, and other stakeholders to 
140.3 	educate attendees regarding how to use and interpret the model data as a basis for adaptation 
140.4 	and resilience efforts.
140.5 	(c) Beginning July 1, 2022, and continuing each July 1 through 2024, the University of 
140.6 	Minnesota must provide a written report to the chairs and ranking minority members of the 
140.7 	legislative committees with primary jurisdiction over agriculture, energy, and environment. 
140.8 	The report must document the progress made on the study and study results and must note 
140.9 	any obstacles encountered that could prevent successful completion of the study.

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

140.11 	Sec. 30. CLEAN ENERGY CAREERS PILOT PROJECT.
 140.12 	(a) The commissioner of employment and economic development must issue a grant for 
140.13 	a pilot project to provide training pathways into careers in the clean energy sector for students 
140.14 	and young adults in underserved communities.
140.15 	(b) The pilot project must develop skills in program participants, short of the level 
140.16 	required for licensing under Minnesota Statutes, chapter 326, that are relevant to designing, 
140.17 	constructing, operating, or maintaining:
140.18 	(1) systems that produce renewable solar or wind energy;
140.19 	(2) improvements in energy efficiency, as defined under Minnesota Statutes, section 
140.20 	216B.241, subdivision 1;
140.21 	(3) energy storage systems, including battery technology, connected to renewable energy 
140.22 	facilities;
140.23 	(4) infrastructure for charging all-electric or electric hybrid motor vehicles; or
140.24 	(5) grid technologies that manage load and provide services to the distribution grid that 
140.25 	reduce energy consumption or shift demand to off-peak periods.
140.26 	(c) Training must be designed to create pathways to (1) a postsecondary degree, industry 
140.27 	certification, or a registered apprenticeship program under Minnesota Statutes, chapter 178, 
140.28 	that is related to the fields in paragraph (b), and (2) stable career employment at a living 
140.29 	wage.
140.30 	(d) Money from a grant under this section may be used for all expenses related to the 
140.31 	training program, including curriculum, instructors, equipment, materials, and leasing and 
140.32 	improving space for use by the pilot program.
141.1 	(e) No later than January 15, 2022, and by January 15 of 2023 and 2024, Northgate 
141.2 	Development, LLC, shall submit an annual report to the commissioner of employment and 
141.3 	economic development that must include, at a minimum, information on:
141.4 	(1) program expenditures, including but not limited to amounts spent on curriculum, 
141.5 	instructors, equipment, materials, and leasing and improving space for use by the program;
141.6 	(2) other public or private funding sources, including in-kind donations, supporting the 
141.7 	pilot program;
141.8 	(3) the number of program participants;
141.9 	(4) demographic information on program participants including but not limited to race, 
141.10 	age, gender, and income; and
141.11 	(5) the number of program participants placed in a postsecondary program, industry 
141.12 	certification program, or registered apprenticeship program under Minnesota Statutes, 
141.13 	chapter 178.

141.14 	Sec. 31. CONSTRUCTION MATERIALS; ENVIRONMENTAL IMPACT STUDY.
 141.15 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms have 
141.16 	the meanings given them.
141.17 	(b) "Eligible materials" means any of the following materials that function as part of a 
141.18 	structural system or structural assembly:
141.19 	(1) concrete, including structural cast in place, shortcrete, and precast;
141.20 	(2) unit masonry;
141.21 	(3) metal of any type; and
141.22 	(4) wood of any type, including but not limited to wood composites and wood-laminated 
141.23 	products.
141.24 	(c) "Engineered wood" means a product manufactured by banding or fixing strands, 
141.25 	particles, fiber, or veneers of boards of wood by using adhesives combined with heat and 
141.26 	pressure, or other methods to form composite material.
141.27 	(d) "State building" means a building owned by the state of Minnesota.
141.28 	(e) "Structural" means a building material or component that (1) supports gravity loads 
141.29 	of building floors, roofs, or both; and (2) is the primary lateral system resisting wind and 
141.30 	earthquake loads. Structural includes but is not limited to shear walls, braced or moment 
141.31 	frames, foundations, below-grade walls, and floors.
142.1 	(f) "Supply-chain specific" means an environmental product declaration that includes 
142.2 	supply-chain specific data for production processes that contribute to 80 percent or more 
142.3 	of a product's lifecycle global warming potential. For engineered wood products, supply-chain 
142.4 	specific also means an environmental product declaration that reports:
142.5 	(1) any chain of custody certification;
142.6 	(2) the percentage of wood, by volume, used in the product, itemized by the wood's 
142.7 	source:
142.8 	(i) by a state, or by a province and country;
142.9 	(ii) by the owner type, whether federal, state, private, or other; and
142.10 	(iii) with forest management certification.
142.11 	(g) "Type III environmental product declaration" means a document, verified and 
142.12 	registered by a third party, that (1) contains a lifecycle assessment of the environmental 
142.13 	impacts, including but not limited to the use of water, land, and energy resources, in the 
142.14 	manufacturing process of a specific product constructed or manufactured by a specific firm; 
142.15 	and (2) meets the applicable standards developed and maintained by the International 
142.16 	Organization for Standardization for environmental impact lifecycle assessments.
142.17 		Subd. 2.Study; requirements. The commissioner of administration must contract with 
142.18 	the Center for Sustainable Building Research at the University of Minnesota to examine 
142.19 	the feasibility, economic costs, and environmental benefits of requiring (1) a bid that proposes 
142.20 	to use or construct one or more eligible materials in the construction or major renovation 
142.21 	of a new state building to include a supply-chain specific type III environmental product 
142.22 	declaration for each of those materials, and (2) that the information under clause (1) included 
142.23 	in a bid must be considered when making a contract award. In conducting the study, the 
142.24 	Center for Sustainable Building Research must examine and evaluate similar programs 
142.25 	adopted in other states.
142.26 		Subd. 3.Report. By February 1, 2022, the commissioner of administration must submit 
142.27 	the findings and recommendations of the study to the chairs and ranking minority members 
142.28 	of the legislative committees with primary jurisdiction over environmental policy.

143.1 	ARTICLE 9
143.2 	LAW ENFORCEMENT SALARIES

143.3 	Section 1. LAW ENFORCEMENT SALARY INCREASES.
 143.4 	(a) Notwithstanding any law to the contrary, the commissioner of commerce must 
143.5 	increase the salary paid to commerce insurance fraud specialists positions in positions 
143.6 	represented by the Minnesota Law Enforcement Association by 13.2 percent, and must 
143.7 	increase the salary paid to these commerce insurance fraud specialists that are compensated 
143.8 	at the maximum base wage level by an additional two percent.
143.9 	(b) Notwithstanding any law to the contrary, in addition to the salary increases required 
143.10 	under paragraph (a), the commissioner of commerce shall increase by 8.4 percent the salary 
143.11 	paid to supervisors and managers, and must increase the salary paid to supervisors and 
143.12 	managers who are compensated at the maximum base wage level by an additional two 
143.13 	percent. For purposes of this paragraph, "supervisors and managers" means employees who 
143.14 	are employed in positions that require them to be licensed as peace officers, as defined in 
143.15 	Minnesota Statutes, section 626.84, subdivision 1, who supervise or manage employees 
143.16 	described in paragraph (a).

143.17 	EFFECTIVE DATE. This section is effective retroactively from October 22, 2020.

143.18 	Sec. 2. LAW ENFORCEMENT SALARY SUPPLEMENT FOR FISCAL YEAR 
143.19 	2020.
 143.20 	Notwithstanding any law to the contrary, an eligible state employee employed at any 
143.21 	time during fiscal year 2020 in a position for which the Minnesota Law Enforcement 
143.22 	Association was the exclusive representative shall receive a salary supplement payment 
143.23 	that is equal to the salary the employee earned in that position in fiscal year 2020, multiplied 
143.24 	by 2.25 percent. For purposes of this section, "eligible state employee" means a person who 
143.25 	is employed by the state on the effective date of this section and who was employed in fiscal 
143.26 	year 2020 as a commerce insurance fraud specialist by the Department of Commerce.

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

143.28 	Sec. 3. LAW ENFORCEMENT SALARY SUPPLEMENT FOR A PORTION OF 
143.29 	FISCAL YEAR 2021.
 143.30 	Notwithstanding any law to the contrary, an eligible state employee employed at any 
143.31 	time from July 1, 2020, to October 21, 2020, in a position for which the Minnesota Law 
143.32 	Enforcement Association was the exclusive representative shall receive a salary supplement 
144.1 	payment that is equal to the salary the employee earned in that position from July 1, 2020, 
144.2 	to October 21, 2020, multiplied by 4.8 percent. For purposes of this section, "eligible state 
144.3 	employee" means a person who is employed by the state on the effective date of this section 
144.4 	and who was employed at any time from July 1, 2020, to October 21, 2020, as a commerce 
144.5 	insurance fraud specialist by the Department of Commerce.

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

144.7 	Sec. 4. APPROPRIATIONS; SALARY INCREASES.
 144.8 	$214,000 in fiscal year 2021 is appropriated from the general fund to the commissioner 
144.9 	of commerce for salary increases under section 1. In each of fiscal years 2022 and 2023, 
144.10 	$283,000 is appropriated from the general fund to the commissioner of commerce for this 
144.11 	purpose. This amount is in addition to the base appropriation for this purpose.

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

144.13 	Sec. 5. APPROPRIATIONS; SALARY SUPPLEMENTS FROM JULY 1, 2019, TO 
144.14 	OCTOBER 21, 2020.
 144.15 	$58,000 in fiscal year 2021 is appropriated from the general fund to the commissioner 
144.16 	of commerce for salary supplements under sections 2 and 3. This is a onetime appropriation.

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

APPENDIX 

Repealed Minnesota Statutes: 21-04310 

45.017 MEDICAL MALPRACTICE INSURANCE REPORT.
(a) The commissioner of commerce shall provide to the legislature annually a brief written report on the status of the market for medical malpractice insurance in Minnesota. The report must summarize, interpret, explain, and analyze information on that subject available to the commissioner, through annual statements filed by insurance companies, information obtained under paragraph (c), and other sources. 

(b) The annual report must consider, to the extent possible, using definitions developed by the commissioner, Minnesota-specific data on market shares; premiums received; amounts paid to settle claims that were not litigated, claims that were settled after litigation began, and claims that were litigated to court judgment; amounts spent on processing, investigation, litigation, and otherwise handling claims; other sales and administrative costs; and the loss ratios of the insurers. 

(c) Each insurance company that provides medical malpractice insurance in this state shall, no later than June 1 each year, file with the commissioner of commerce, on a form prescribed by the commissioner and using definitions developed by the commissioner, the Minnesota-specific data referenced in paragraph (b), other than market share, for the previous calendar year for that insurance company, shown separately for various categories of coverages including, if possible, hospitals, medical clinics, nursing homes, physicians who provide emergency medical care, obstetrician gynecologists, and ambulance services. An insurance company need not comply with this paragraph if its direct premium written in the state for the previous calendar year is less than $2,000,000. 

60A.98 DEFINITIONS.Subdivision 1.Scope. 
For purposes of sections 60A.98 and 60A.981, the terms defined in this section have the meanings given them. 

Subd. 2.Customer. 
"Customer" means a consumer who has a continuing relationship with a licensee under which the licensee provides one or more insurance products or services to the consumer that are to be used primarily for personal, family, or household purposes. 

Subd. 3.Customer information. 
"Customer information" means nonpublic personal information about a customer, whether in paper, electronic, or other form, that is maintained by or on behalf of the licensee. 

Subd. 4.Customer information systems. 
"Customer information systems" means the electronic or physical methods used to access, collect, store, use, transmit, protect, or dispose of customer information. 

Subd. 5.Licensee. 
"Licensee" means all licensed insurers, producers, and other persons licensed or required to be licensed, authorized or required to be authorized, or registered or required to be registered pursuant to the insurance laws of this state, except that "licensee" does not include a purchasing group or an ineligible insurer in regard to the surplus line insurance conducted pursuant to sections 60A.195 to 60A.209. "Licensee" does not include producers until January 1, 2007. 

Subd. 6.Nonpublic financial information. 
"Nonpublic financial information" means: 

(1) personally identifiable financial information; and 

(2) any list, description, or other grouping of consumers, and publicly available information pertaining to them, that is derived using any personally identifiable financial information that is not publicly available. 

Subd. 7.Nonpublic personal health information. 
"Nonpublic personal health information" means health information: 

(1) that identifies an individual who is the subject of the information; or 

(2) with respect to which there is a reasonable basis to believe that the information could be used to identify an individual. 

Subd. 8.Nonpublic personal information. 
"Nonpublic personal information" means nonpublic financial information and nonpublic personal health information. 

Subd. 9.Personally identifiable financial information. 
"Personally identifiable financial information" means any information: 

(1) a consumer provides to a licensee to obtain an insurance product or service from the licensee; 

(2) about a consumer resulting from a transaction involving an insurance product or service between a licensee and a consumer; or 

(3) the licensee otherwise obtains about a consumer in connection with providing an insurance product or service to that consumer. 

Subd. 10.Service provider. 
"Service provider" means a person that maintains, processes, or otherwise is permitted access to customer information through its provision of services directly to the licensee. 

60A.981 INFORMATION SECURITY PROGRAM.Subdivision 1.General requirements. 
Each licensee shall implement a comprehensive written information security program that includes administrative, technical, and physical safeguards for the protection of customer information. The administrative, technical, and physical safeguards included in the information security program must be appropriate to the size and complexity of the licensee and the nature and scope of its activities. 

Subd. 2.Objectives. 
A licensee's information security program must be designed to: 

(1) ensure the security and confidentiality of customer information; 

(2) protect against any anticipated threats or hazards to the security or integrity of the information; and 

(3) protect against unauthorized access to or use of the information that could result in substantial harm or inconvenience to any customer. 

Subd. 3.Examples of methods of development and implementation. 
The following actions and procedures are examples of methods of implementation of the requirements of subdivisions 1 and 2. These examples are nonexclusive illustrations of actions and procedures that licensees may follow to implement subdivisions 1 and 2: 

(1) the licensee: 

(i) identifies reasonably foreseeable internal or external threats that could result in unauthorized disclosure, misuse, alteration, or destruction of customer information or customer information systems; 

(ii) assesses the likelihood and potential damage of these threats, taking into consideration the sensitivity of customer information; and 

(iii) assesses the sufficiency of policies, procedures, customer information systems, and other safeguards in place to control risks; 

(2) the licensee: 

(i) designs its information security program to control the identified risks, commensurate with the sensitivity of the information, as well as the complexity and scope of the licensee's activities; 

(ii) trains staff, as appropriate, to implement the licensee's information security program; and 

(iii) regularly tests or otherwise regularly monitors the key controls, systems, and procedures of the information security program. The frequency and nature of these tests or other monitoring practices are determined by the licensee's risk assessment; 

(3) the licensee: 

(i) exercises appropriate due diligence in selecting its service providers; and 

(ii) requires its service providers to implement appropriate measures designed to meet the objectives of this regulation, and, where indicated by the licensee's risk assessment, takes appropriate steps to confirm that its service providers have satisfied these obligations; and 

(4) the licensee monitors, evaluates, and adjusts, as appropriate, the information security program in light of any relevant changes in technology, the sensitivity of its customer information, internal or external threats to information, and the licensee's own changing business arrangements, such as mergers and acquisitions, alliances and joint ventures, outsourcing arrangements, and changes to customer information systems. 

60A.982 UNFAIR TRADE PRACTICES.
A violation of sections 60A.98 and 60A.981 is considered to be a violation of sections 72A.17 to 72A.32. 

115C.13 REPEALER.
Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 115C.093, 115C.094, 115C.10, 115C.11, 115C.112, 115C.113, 115C.12, and 115C.13, are repealed effective June 30, 2022.