HF 1250

1st Unofficial Engrossment - 86th Legislature (2009 - 2010) Posted on 12/26/2012 11:27pm

1.1A bill for an act

1.2relating to transportation; regulating electric vehicle infrastructure; amending
1.3Minnesota Statutes 2008, sections 16C.137, subdivision 1; 169.011, by adding
1.4subdivisions; 216B.02, subdivision 4; 216B.241, subdivision 9; Laws 2006,
1.5chapter 245, section 1; Laws 2008, chapter 287, article 1, section 118; proposing
1.6coding for new law in Minnesota Statutes, chapter 325F.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8    Section 1. Minnesota Statutes 2008, section 16C.137, subdivision 1, is amended to read:
1.9    Subdivision 1. Goals and actions. (a) Using 2005 as a baseline, the state of
1.10Minnesota shall reduce the use of gasoline by on-road vehicles owned by state departments
1.11by 25 percent by 2010 and by 50 percent by 2015, and the use of petroleum-based diesel
1.12fuel in diesel-fueled vehicles by ten percent by 2010 and 25 percent by 2015.
1.13(b) To meet the goals established in paragraph (a), each state department must,
1.14whenever legally, technically, and economically feasible, subject to the specific needs of
1.15the department and responsible management of agency finances:
1.16(1) ensure that all new on-road vehicles purchased, excluding emergency and law
1.17enforcement vehicles:
1.18(i) use "cleaner fuels" as that term is defined in section 16C.135, subdivision 1,
1.19clauses (1), (3), and (4); or
1.20(ii) have fuel efficiency ratings that exceed 30 miles per gallon for city usage or 35
1.21miles per gallon for highway usage, including but not limited to hybrid electric cars and
1.22hydrogen-powered vehicles; or
1.23(iii) are powered solely by electricity;
1.24(2) increase its use of renewable transportation fuels, including ethanol, biodiesel,
1.25and hydrogen from agricultural products; and
2.1(3) increase its use of Web-based Internet applications and other electronic
2.2information technologies to enhance the access to and delivery of government information
2.3and services to the public, and reduce the reliance on the department's fleet for the delivery
2.4of such information and services.
2.5EFFECTIVE DATE.This section is effective the day following final enactment.

2.6    Sec. 2. Minnesota Statutes 2008, section 169.011, is amended by adding a subdivision
2.7to read:
2.8    Subd. 26a. Electric vehicle. (a) "Electric vehicle" means a motor vehicle that is able
2.9to be powered by an electric motor drawing current from rechargeable storage batteries,
2.10fuel cells, or other portable sources of electrical current, and meets or exceeds applicable
2.11regulations in Code of Federal Regulations, title 49, part 571, and successor requirements.
2.12(b) "Electric vehicle" includes:
2.13(1) a neighborhood electric vehicle;
2.14(2) a medium-speed electric vehicle; and
2.15(3) a plug-in hybrid electric vehicle.
2.16EFFECTIVE DATE.This section is effective the day following final enactment.

2.17    Sec. 3. Minnesota Statutes 2008, section 169.011, is amended by adding a subdivision
2.18to read:
2.19    Subd. 54a. Plug-in hybrid electric vehicle. "Plug-in hybrid electric vehicle"
2.20means an electric vehicle that (1) contains an internal combustion engine, and also allows
2.21power to be delivered to the drive wheels by a battery-powered electric motor; (2) when
2.22connected to the electrical grid via an electrical outlet, is able to recharge its battery; and
2.23(3) has the ability to travel at least 20 miles powered substantially by electricity.
2.24EFFECTIVE DATE.This section is effective the day following final enactment.

2.25    Sec. 4. Minnesota Statutes 2008, section 216B.02, subdivision 4, is amended to read:
2.26    Subd. 4. Public utility. "Public utility" means persons, corporations, or other legal
2.27entities, their lessees, trustees, and receivers, now or hereafter operating, maintaining,
2.28or controlling in this state equipment or facilities for furnishing at retail natural,
2.29manufactured, or mixed gas or electric service to or for the public or engaged in the
2.30production and retail sale thereof but does not include (1) a municipality or a cooperative
2.31electric association, organized under the provisions of chapter 308A, producing or
2.32furnishing natural, manufactured, or mixed gas or electric service or; (2) a retail seller of
3.1compressed natural gas used as a vehicular fuel which purchases the gas from a public
3.2utility; or (3) a retail seller of electricity used to recharge a battery that powers an electric
3.3vehicle, as defined in section 169.011, subdivision 26a, and that is not otherwise a public
3.4utility under this chapter. Except as otherwise provided, the provisions of this chapter
3.5shall not be applicable to any sale of natural, manufactured, or mixed gas or electricity
3.6by a public utility to another public utility for resale. In addition, the provisions of this
3.7chapter shall not apply to a public utility whose total natural gas business consists of
3.8supplying natural, manufactured, or mixed gas to not more than 650 customers within a
3.9city pursuant to a franchise granted by the city, provided a resolution of the city council
3.10requesting exemption from regulation is filed with the commission. The city council
3.11may rescind the resolution requesting exemption at any time, and, upon the filing of the
3.12rescinding resolution with the commission, the provisions of this chapter shall apply to the
3.13public utility. No person shall be deemed to be a public utility if it furnishes its services
3.14only to tenants or cooperative or condominium owners in buildings owned, leased, or
3.15operated by such person. No person shall be deemed to be a public utility if it furnishes
3.16service to occupants of a manufactured home or trailer park owned, leased, or operated by
3.17such person. No person shall be deemed to be a public utility if it produces or furnishes
3.18service to less than 25 persons.

3.19    Sec. 5. Minnesota Statutes 2008, section 216B.241, subdivision 9, is amended to read:
3.20    Subd. 9. Building performance standards; Sustainable Building 2030. (a) The
3.21purpose of this subdivision is to establish cost-effective energy-efficiency performance
3.22standards for new and substantially reconstructed commercial, industrial, and institutional
3.23buildings that can significantly reduce carbon dioxide emissions by lowering energy use in
3.24new and substantially reconstructed buildings. For the purposes of this subdivision, the
3.25establishment of these standards may be referred to as Sustainable Building 2030.
3.26    (b) The commissioner shall contract with the Center for Sustainable Building
3.27Research at the University of Minnesota to coordinate development and implementation
3.28of energy-efficiency performance standards, strategic planning, research, data analysis,
3.29technology transfer, training, and other activities related to the purpose of Sustainable
3.30Building 2030. The commissioner and the Center for Sustainable Building Research
3.31shall, in consultation with utilities, builders, developers, building operators, and experts
3.32in building design and technology, develop a Sustainable Building 2030 implementation
3.33plan that must address, at a minimum, the following issues:
3.34    (1) training architects to incorporate the performance standards in building design;
4.1    (2) incorporating the performance standards in utility conservation improvement
4.2programs; and
4.3    (3) developing procedures for ongoing monitoring of energy use in buildings that
4.4have adopted the performance standards.
4.5The plan must be submitted to the chairs and ranking minority members of the senate and
4.6house of representatives committees with primary jurisdiction over energy policy by
4.7July 1, 2009.
4.8    (c) Sustainable Building 2030 energy-efficiency performance standards must be firm,
4.9quantitative measures of total building energy use and associated carbon dioxide emissions
4.10per square foot for different building types and uses, that allow for accurate determinations
4.11of a building's conformance with a performance standard. Performance standards must
4.12address energy use by electric vehicle charging infrastructure in or adjacent to buildings as
4.13that infrastructure begins to be made widely available. The energy-efficiency performance
4.14standards must be updated every three or five years to incorporate all cost-effective
4.15measures. The performance standards must reflect the reductions in carbon dioxide
4.16emissions per square foot resulting from actions taken by utilities to comply with the
4.17renewable energy standards in section 216B.1691. The performance standards should be
4.18designed to achieve reductions equivalent to the following reduction schedule, measured
4.19against energy consumption by an average building in each applicable building sector in
4.202003: (1) 60 percent in 2010; (2) 70 percent in 2015; (3) 80 percent in 2020; and (4) 90
4.21percent in 2025. A performance standard must not be established or increased absent a
4.22conclusive engineering analysis that it is cost-effective based upon established practices
4.23used in evaluating utility conservation improvement programs.
4.24    (d) The annual amount of the contract with the Center for Sustainable Building
4.25Research is up to $500,000. The Center for Sustainable Building Research shall expend
4.26no more than $150,000 of this amount each year on administration, coordination, and
4.27oversight activities related to Sustainable Building 2030. The balance of contract funds
4.28must be spent for subcontracts with not-for-profit energy organizations, architecture and
4.29engineering firms, and other qualified entities to undertake technical projects and activities
4.30in support of Sustainable Building 2030. The primary work to be accomplished each
4.31year by qualified technical experts under subcontracts is the development and thorough
4.32justification of recommendations for specific energy-efficiency performance standards.
4.33Additional work may include:
4.34    (1) research, development, and demonstration of new energy-efficiency technologies
4.35and techniques suitable for commercial, industrial, and institutional buildings;
5.1    (2) analysis and evaluation of practices in building design, construction,
5.2commissioning and operations, and analysis and evaluation of energy use in the
5.3commercial, industrial, and institutional sectors;
5.4    (3) analysis and evaluation of the effectiveness and cost-effectiveness of Sustainable
5.5Building 2030 performance standards, conservation improvement programs, and building
5.6energy codes;
5.7    (4) development and delivery of training programs for architects, engineers,
5.8commissioning agents, technicians, contractors, equipment suppliers, developers, and
5.9others in the building industries; and
5.10    (5) analyze and evaluate the effect of building operations on energy use.
5.11    (e) The commissioner shall require utilities to develop and implement conservation
5.12improvement programs that are expressly designed to achieve energy efficiency goals
5.13consistent with the Sustainable Building 2030 performance standards. These programs
5.14must include offerings of design assistance and modeling, financial incentives, and the
5.15verification of the proper installation of energy-efficient design components in new
5.16and substantially reconstructed buildings. A utility making an expenditure under its
5.17conservation improvement program that results in a building meeting the Sustainable
5.18Building 2030 performance standards may claim the energy savings toward its
5.19energy-savings goal established in subdivision 1c.
5.20    (f) The commissioner shall report to the legislature every three years, beginning
5.21January 15, 2010, on the cost-effectiveness and progress of implementing the Sustainable
5.22Building 2030 performance standards and shall make recommendations on the need to
5.23continue the program as described in this section.

5.24    Sec. 6. [325F.185] ELECTRIC VEHICLE INFRASTRUCTURE.
5.25Any electric vehicle infrastructure installed in this state must without significant
5.26upgrading of the electric vehicle infrastructure:
5.27(1) allow for utilization of the electric vehicle infrastructure by any make, model, or
5.28type of electric vehicle;
5.29(2) be in compliance with section 326B.35 and standards set by the Society of
5.30Automotive Engineers; and
5.31(3) be capable of providing bidirectional charging, once electrical utilities achieve
5.32a cost-effective capability to draw electricity from electric vehicles connected to the
5.33utility grid.
5.34EFFECTIVE DATE.This section is effective the day following final enactment.

6.1    Sec. 7. Laws 2006, chapter 245, section 1, is amended to read:
6.2    Section 1. STATE PURCHASING OF ELECTRIC AND PLUG-IN HYBRID
6.3ELECTRIC VEHICLES.
6.4    Subdivision 1. Definition. (a) As used in sections 2 and 3 this section, "plug-in
6.5hybrid electric vehicle (PHEV)" means a vehicle containing an internal combustion
6.6engine that also allows power to be delivered to the drive wheels by a battery-powered
6.7electric motor and that meets applicable federal motor vehicle safety standards. When
6.8connected to the electrical grid via an electrical outlet, the vehicle must be able to
6.9recharge its battery. The vehicle must have the ability to travel at least 20 miles, powered
6.10substantially by electricity.
6.11(b) As used in this section, "neighborhood electric vehicle" means an electrically
6.12powered motor vehicle that has four wheels and has a speed attainable in one mile of at
6.13least 20 miles per hour but not more than 25 miles per hour on a paved level surface.
6.14(c) As used in this section, "electric vehicle" has the meaning given in section
6.15169.011, subdivision 26a.
6.16    Subd. 2. Notice of state procurement policy in bid documents. All solicitation
6.17documents for the purchase of a passenger automobile, as defined in Minnesota Statutes,
6.18section 168.011, subdivision 7; pickup truck, as defined in Minnesota Statutes, section
6.19168.011, subdivision 29 ; or van, as defined in Minnesota Statutes, section 168.011,
6.20subdivision 28 , issued under the jurisdiction of the Department of Administration after
6.21June 30, 2006, must contain the following language: "It is the intention of the state of
6.22Minnesota to begin purchasing electric vehicles, plug-in hybrid electric vehicles and
6.23neighborhood electric vehicles as soon as they become commercially available, meet the
6.24state's performance specifications, and are priced no more than ten percent above the price
6.25for comparable gasoline-powered vehicles. It is the intention of the state to purchase
6.26electric vehicles, plug-in hybrid electric vehicles and neighborhood electric vehicles
6.27whenever practicable after these conditions have been met and as fleet needs dictate for
6.28at least five years after these conditions have been met."
6.29EFFECTIVE DATE.This section is effective the day following final enactment.

6.30    Sec. 8. Laws 2008, chapter 287, article 1, section 118, is amended to read:
6.31    Sec. 118. STUDY OF TRANSPORTATION LONG-RANGE SOLUTIONS.
6.32    (a) The commissioner of transportation shall conduct a study in consultation with
6.33other state agencies and key stakeholders to evaluate the current and long-range needs of
6.34the state's transportation system, and investigate possible strategies to meet these needs.
6.35    (b) The study must include, but is not limited to:
7.1    (1) evaluation of the current needs of the state's highway systems, bridges, and
7.2transit;
7.3    (2) analysis and quantification of the needs for the next 20 years of the state's
7.4highway systems, bridges, and transit;
7.5    (3) comparison of estimates of revenues raised by current transportation funding
7.6sources, with long-term needs of the state's transportation system;
7.7    (4) identification of options for maintenance and improvement of the state's
7.8transportation system with specific reference to the effects of potential increases in vehicle
7.9fuel economy, availability of alternative modes of transportation, and extreme fuel price
7.10volatility on future transportation revenues;
7.11    (5) analysis of alternative pricing options utilized in other states and countries,
7.12and their potential for use, public acceptance, alleviation of congestion, and revenue
7.13generation in this state; and
7.14    (6) identification of options for road-use pricing, other alternative financing
7.15mechanisms with particular consideration of key environmental impacts such as air
7.16quality, water quality, and greenhouse gas emissions, and estimates of implementation
7.17costs, user costs, and revenue.; and
7.18(7) evaluation of the impact of the use of electric vehicles, as defined in Minnesota
7.19Statutes, section 169.011, subdivision 26a, and plug-in hybrid vehicles, as defined in
7.20Minnesota Statutes, section 169.011, subdivision 54a, on the current funding mechanisms
7.21for the state's roadways and an analysis of methods to mitigate the impact.
7.22    (c) The commissioner shall report the results of the study to the legislature no later
7.23than November 1, 2009.

7.24    Sec. 9. REVISOR'S INSTRUCTION.
7.25The revisor shall codify Laws 2006, chapter 245, section 1, in Minnesota Statutes,
7.26chapter 16C.