HF 1434

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:50am

A bill for an act
relating to utilities; creating mass transit zone for utility reinvestment and cost
recovery; amending Minnesota Statutes 2008, section 216B.16, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2008, section 216B.16, is amended by adding a
subdivision to read:

new text begin Subd. 7d. new text end

new text begin Mass transit utility zones cost adjustment. new text end

new text begin (a) A "mass transit utility
zone" is an area along an existing or planned mass transit system, including a light rail
transit, heavy rail transit, high-speed rail, dedicated bus lane and similar mass transit
routes, and an area extending no more than one mile on either side of the route.
new text end

new text begin (b) A public utility that provides retail electric service within the mass transit utility
zone, and which is required to replace, relocate, construct, or install facilities because of
the mass transit system, may apply to the commission for approval of new facilities in
the mass transit utility zone. Facilities proposed under this subdivision are not limited to
those facilities that actually replace dislocated facilities and may include any transmission
facilities, distribution facilities, generation facilities, advanced technology-assisted
efficiency devices, and energy storage facilities within the mass transit utility zone. Upon
approval under paragraph (c), the utility may construct and install the facilities.
new text end

new text begin (c) The commission may approve the construction and installation of facilities in a
mass transit utility zone proposed by a utility under paragraph (b) upon a finding:
new text end

new text begin (1) that the facilities:
new text end

new text begin (i) are necessary to provide electric service;
new text end

new text begin (ii) assist future development of renewable energy, conservation, electric vehicles,
advanced technology-assisted efficiency programs and devices, and other energy
innovations; or
new text end

new text begin (iii) are exploratory, experimental, or research facilities to advance the use of
renewable energy, conservation, electric vehicles, advanced technology-assisted efficiency
programs and devices, and other energy innovations;
new text end

new text begin (2) that the utility has engaged in a cooperative process with affected local and state
government agencies in the design, planning, or construction of the mass transit utility
zone project and changes to utility facilities;
new text end

new text begin (3) that the utility and local units of government have made reasonable efforts to
seek federal, state, or private funds that may be available to mass transit and energy
projects; and
new text end

new text begin (4) that the utility has made reasonable efforts to minimize the costs and maximize
the value to customers of the facilities.
new text end

new text begin (d) Notwithstanding any other provision of this chapter, the commission may
approve a tariff mechanism for automatic adjustment of charges for new, replaced, or
relocated facilities installed under this subdivision in a manner consistent with this
subdivision and the standards and procedures contained in subdivision 7b, except that no
approval under section 216B.243 or certification under section 216B.2425 is required.
new text end