HF 1250

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:46am

A bill for an act
relating to transportation; regulating electric vehicle infrastructure; establishing
incentives for adoption and use of electric vehicles; amending Minnesota
Statutes 2008, sections 116D.04, by adding a subdivision; 169.011, by adding
subdivisions; 216B.02, subdivision 4; 326B.106, subdivision 4; proposing coding
for new law in Minnesota Statutes, chapters 325F; 471.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 116D.04, is amended by adding a
subdivision to read:

new text begin Subd. 12a. new text end

new text begin Exemption. new text end

new text begin (a) This section does not apply to projects to install
electrical vehicle infrastructure.
new text end

new text begin (b) As used in this subdivision:
new text end

new text begin (1) "electrical vehicle infrastructure" means structures, electrical circuitry, and
other electrical equipment and ancillary structures and equipment that enable an electric
vehicle to recharge its battery or to exchange a battery pack, but does not include any
infrastructure owned by an electric utility; and
new text end

new text begin (2) "electric vehicle" has the meaning given in section 169.011, subdivision 26a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 169.011, is amended by adding a subdivision
to read:

new text begin Subd. 26a. new text end

new text begin Electric vehicle. new text end

new text begin (a) "Electric vehicle" means a motor vehicle that is able
to be powered by an electric motor drawing current from rechargeable storage batteries,
fuel cells, or other portable sources of electrical current, and meets or exceeds applicable
regulations in Code of Federal Regulations, title 49, part 571, and successor requirements.
new text end

new text begin (b) "Electric vehicle" includes:
new text end

new text begin (1) a neighborhood electric vehicle;
new text end

new text begin (2) a medium-speed electric vehicle; and
new text end

new text begin (3) a plug-in hybrid electric vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3.

Minnesota Statutes 2008, section 169.011, is amended by adding a subdivision
to read:

new text begin Subd. 54a. new text end

new text begin Plug-in hybrid electric vehicle. new text end

new text begin "Plug-in hybrid electric vehicle"
means an electric vehicle that (1) contains an internal combustion engine, and also allows
power to be delivered to the drive wheels by a battery-powered electric motor, (2) when
connected to the electrical grid via an electrical outlet, is able to recharge its battery, and
(3) has the ability to travel at least 20 miles powered substantially by electricity.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2008, section 216B.02, subdivision 4, is amended to read:

Subd. 4.

Public utility.

"Public utility" means persons, corporations, or other legal
entities, their lessees, trustees, and receivers, now or hereafter operating, maintaining,
or controlling in this state equipment or facilities for furnishing at retail natural,
manufactured, or mixed gas or electric service to or for the public or engaged in the
production and retail sale thereof but does not include (1) a municipality or a cooperative
electric association, organized under the provisions of chapter 308A, producing or
furnishing natural, manufactured, or mixed gas or electric service deleted text begin or deleted text end new text begin ; new text end (2) a retail seller of
compressed natural gas used as a vehicular fuel which purchases the gas from a public
utility new text begin ; or (3) a retail seller of electricity used to recharge a battery that powers an electric
vehicle, as defined in section 169.011, subdivision 26a new text end . Except as otherwise provided, the
provisions of this chapter shall not be applicable to any sale of natural, manufactured, or
mixed gas or electricity by a public utility to another public utility for resale. In addition,
the provisions of this chapter shall not apply to a public utility whose total natural gas
business consists of supplying natural, manufactured, or mixed gas to not more than 650
customers within a city pursuant to a franchise granted by the city, provided a resolution
of the city council requesting exemption from regulation is filed with the commission. The
city council may rescind the resolution requesting exemption at any time, and, upon the
filing of the rescinding resolution with the commission, the provisions of this chapter shall
apply to the public utility. No person shall be deemed to be a public utility if it furnishes
its services only to tenants or cooperative or condominium owners in buildings owned,
leased, or operated by such person. No person shall be deemed to be a public utility if it
furnishes service to occupants of a manufactured home or trailer park owned, leased, or
operated by such person. No person shall be deemed to be a public utility if it produces or
furnishes service to less than 25 persons.

Sec. 5.

new text begin [325F.185] ELECTRIC VEHICLE INFRASTRUCTURE.
new text end

new text begin Any electric vehicle infrastructure installed in this state must:
new text end

new text begin (1) allow for utilization of the electric vehicle infrastructure by any make, model,
or type of electric vehicle capable of being charged via a 40-amp, 240-volt electrical
charging circuit; and
new text end

new text begin (2) be capable of providing bidirectional charging, without significant upgrading,
once electrical utilities achieve the capability to draw electricity from electric vehicles
connected to the utility grid.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2008, section 326B.106, subdivision 4, is amended to read:

Subd. 4.

Special requirements.

(a) Space for commuter vans. The code must
require that any parking ramp or other parking facility constructed in accordance with the
code include an appropriate number of spaces suitable for the parking of motor vehicles
having a capacity of seven to 16 persons and which are principally used to provide
prearranged commuter transportation of employees to or from their place of employment
or to or from a transit stop authorized by a local transit authority.

(b) Smoke detection devices. The code must require that all dwellings, lodging
houses, apartment houses, and hotels as defined in section 299F.362 comply with the
provisions of section 299F.362.

(c) Doors in nursing homes and hospitals. The State Building Code may not
require that each door entering a sleeping or patient's room from a corridor in a nursing
home or hospital with an approved complete standard automatic fire extinguishing system
be constructed or maintained as self-closing or automatically closing.

(d) Child care facilities in churches; ground level exit. A licensed day care center
serving fewer than 30 preschool age persons and which is located in a belowground space
in a church building is exempt from the State Building Code requirement for a ground
level exit when the center has more than two stairways to the ground level and its exit.

(e) Family and group family day care. Until the legislature enacts legislation
specifying appropriate standards, the definition of dwellings constructed in accordance
with the International Residential Code as adopted as part of the State Building Code
applies to family and group family day care homes licensed by the Department of Human
Services under Minnesota Rules, chapter 9502.

(f) Enclosed stairways. No provision of the code or any appendix chapter of the
code may require stairways of existing multiple dwelling buildings of two stories or
less to be enclosed.

(g) Double cylinder dead bolt locks. No provision of the code or appendix chapter
of the code may prohibit double cylinder dead bolt locks in existing single-family homes,
townhouses, and first floor duplexes used exclusively as a residential dwelling. Any
recommendation or promotion of double cylinder dead bolt locks must include a warning
about their potential fire danger and procedures to minimize the danger.

(h) Relocated residential buildings. A residential building relocated within or
into a political subdivision of the state need not comply with the State Energy Code or
section 326B.439 provided that, where available, an energy audit is conducted on the
relocated building.

(i) Automatic garage door opening systems. The code must require all residential
buildings as defined in section 325F.82 to comply with the provisions of sections 325F.82
and 325F.83.

(j) Exit sign illumination. For a new building on which construction is begun
on or after October 1, 1993, or an existing building on which remodeling affecting 50
percent or more of the enclosed space is begun on or after October 1, 1993, the code must
prohibit the use of internally illuminated exit signs whose electrical consumption during
nonemergency operation exceeds 20 watts of resistive power. All other requirements in
the code for exit signs must be complied with.

(k) Exterior wood decks, patios, and balconies. The code must permit the decking
surface and upper portions of exterior wood decks, patios, and balconies to be constructed
of (1) heartwood from species of wood having natural resistance to decay or termites,
including redwood and cedars, (2) grades of lumber which contain sapwood from species
of wood having natural resistance to decay or termites, including redwood and cedars, or
(3) treated wood. The species and grades of wood products used to construct the decking
surface and upper portions of exterior decks, patios, and balconies must be made available
to the building official on request before final construction approval.

(l) Bioprocess piping and equipment. No permit fee for bioprocess piping may
be imposed by municipalities under the State Building Code, except as required under
section 326B.92 subdivision 1. Permits for bioprocess piping shall be according to section
326B.92 administered by the Department of Labor and Industry. All data regarding the
material production processes, including the bioprocess system's structural design and
layout, are nonpublic data as provided by section 13.7911.

(m) Use of ungraded lumber. The code must allow the use of ungraded lumber in
geographic areas of the state where the code did not generally apply as of April 1, 2008, to
the same extent that ungraded lumber could be used in that area before April 1, 2008.

new text begin (n) Electric vehicle battery charging infrastructure. For a new structure on which
construction is begun on or after January 1, 2010, or an existing structure on which
remodeling affecting 50 percent or more of the enclosed space is begun on or after January
1, 2010, the code must require that:
new text end

new text begin (1) multifamily buildings have approved raceways from the building electrical
panel to the parking garage sufficient to accommodate a 40-amp, 240-volt electric vehicle
charging circuit for each individual parking space;
new text end

new text begin (2) single family residences have a 40-amp, 240-volt circuit and junction box run
from the existing panel to an accessible location in either the garage or car parking
area; and
new text end

new text begin (3) parking facilities and commercial structures with integrated parking facilities
have approved raceway systems from the building electrical panel to the parking facilities
sufficient to accommodate a 40-amp, 240-volt electric charging circuit for each individual
parking space. The term "parking facilities" as used in this paragraph includes lots, lanes,
garages, ramps, or other structures and accessories, including meters and other devices;
such facilities may be surface facilities or located above or under the ground.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

new text begin [471.573] ELECTRIC VEHICLE INFRASTRUCTURE.
new text end

new text begin A home rule charter or statutory city shall, to the extent practicable, expedite
the process of applying for and issuing permits for the installation of electric vehicle
infrastructure.
new text end

new text begin For the purpose of this section, "electric vehicle infrastructure" has the meaning
given in section 116D.04, subdivision 12a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 8. new text begin RULEMAKING.
new text end

new text begin By October 1, 2009, the Environmental Quality Board shall adopt a rule under
Minnesota Statutes, section 14.388, subdivision 1, clause (3), that exempts the construction
of electric vehicle infrastructure, as defined in Minnesota Statutes, section 116D.04,
subdivision 12a, from the requirements of Minnesota Statutes, section 116D.04.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end