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HF 1750

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/25/2021 07:38pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to economic development; establishing the Energy Transition Legacy
Office; creating an advisory committee for transition communities and workers;
requiring the development of a state transition plan for communities and workers
impacted by the retirement of power plants; appropriating money; proposing coding
for new law in Minnesota Statutes, chapter 116J.

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

Section 1.

new text begin [116J.5491] ENERGY TRANSITION LEGACY OFFICE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Electric generating unit" or "EGU" means a solid fuel-fired steam generating unit
that serves a generator that produces electricity for sale to the electric grid.
new text end

new text begin (c) "Impacted community" means a municipality, tribal government, or county that is
the host of an energy power plant that has one or more electric generating units with a
projected or estimated retirement date.
new text end

new text begin (d) "Impacted worker" means a Minnesota worker laid off from employment on or after
the effective date of a power plant retirement.
new text end

new text begin Subd. 2. new text end

new text begin Office established; director. new text end

new text begin (a) The Energy Transition Legacy Office is
established within the Department of Employment and Economic Development. The office
must remain in existence until all impacted communities are supported through energy
power plant retirements.
new text end

new text begin (b) The director of the Energy Transition Legacy Office must be appointed by the
governor. The director must be qualified by experience in issues related to energy, economic
development, and the environment.
new text end

new text begin (c) The office may employ staff necessary to carry out the duties of the office as provided
in this section.
new text end

new text begin Subd. 3. new text end

new text begin Purpose. new text end

new text begin The purpose of the office is to:
new text end

new text begin (1) serve impacted communities and transition workers through the retirement of power
plant units;
new text end

new text begin (2) implement the recommendations in the final Minnesota energy transition legacy
plan;
new text end

new text begin (3) improve communication among local, state, federal, and private entities regarding
the power plant retirement planning and process;
new text end

new text begin (4) address local tax and fiscal issues related to the power plant retirement and develop
solutions to support communities and workers; and
new text end

new text begin (5) drive the creation and implementation of economic support programs, including but
not limited to property tax revenue replacement, community energy transition programs,
and economic development tools for impacted communities and impacted workers.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The office has the power and duty to:
new text end

new text begin (1) administer legislatively created programs to support impacted communities, including
the community energy transition grant program under section 116J.55;
new text end

new text begin (2) align and coordinate resources at local, state, and federal levels to support communities
that are subject to significant economic transition;
new text end

new text begin (3) coordinate the development of statewide policy on impacted communities;
new text end

new text begin (4) provide programming and resources to impacted communities;
new text end

new text begin (5) support impacted workers through establishing benefits and educating workers on
applying for benefits;
new text end

new text begin (6) act as a liaison between impacted communities, impacted workers, and relevant state
agencies;
new text end

new text begin (7) assist relevant state agencies to address local tax, land use, economic development,
and fiscal issues related to the power plant retirement and develop solutions to support
communities and workers;
new text end

new text begin (8) conduct a review of existing worker programs in impacted communities and identify
whether the programs adequately address the needs of workers;
new text end

new text begin (9) support the work of advisory committee members;
new text end

new text begin (10) monitor the utility transition efforts in other states and localities;
new text end

new text begin (11) identify or estimate (i) the timing and location of facility closures and job layoffs,
and (ii) the impact on workers, businesses, and impacted communities;
new text end

new text begin (12) maintain communication regarding closure dates with all relevant parties;
new text end

new text begin (13) provide an annual report of the office's activities, in consultation with the advisory
committee; and
new text end

new text begin (14) monitor and participate, as needed, in administrative proceedings that are relevant
to the purposes of the office, including matters before entities that include but are not limited
to the Public Utilities Commission, the Department of Commerce, and the Department of
Revenue.
new text end

new text begin Subd. 5. new text end

new text begin Reporting. new text end

new text begin (a) Beginning January 15, 2023, and each year thereafter, the Energy
Transition Legacy Office must report to the chairs and ranking minority members of the
legislative committees with jurisdiction over energy, economic development, and tax policy
and finance on the office's activities during the previous year.
new text end

new text begin (b) The report must contain:
new text end

new text begin (1) an analysis on (i) the timing and location of facility closures and job layoffs, and (ii)
data on the individual impacts on workers, businesses, and impacted communities;
new text end

new text begin (2) suggested policy and programming to support impacted communities and impacted
workers;
new text end

new text begin (3) information on the administration of the utility transition aid program and any other
grant programs administered by the office; and
new text end

new text begin (4) any update on the implementation of the Minnesota energy transition legacy plan.
new text end

new text begin Subd. 6. new text end

new text begin Gifts; grants; donations. new text end

new text begin The office may accept gifts and grants, which are
accepted on behalf of the state and constitute donations to the state. Funds received under
this subdivision are appropriated to the commissioner of employment and economic
development to support the purposes of the office.
new text end

Sec. 2. new text begin ENERGY TRANSITION LEGACY ADVISORY COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Creation; purpose. new text end

new text begin The Energy Transition Legacy Advisory Committee
is established to bring together stakeholders to develop and recommend a statewide energy
transition legacy plan. The advisory committee must provide a broad perspective to advise
on transition issues, established transition programs, economic initiatives, and transition
policy.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The advisory committee consists of 15 voting members and
six ex officio nonvoting members.
new text end

new text begin (b) The voting members of the advisory committee must be appointed by the
commissioner of employment and economic development or as otherwise specified as
follows:
new text end

new text begin (1) one member of the senate, appointed by the president of the senate;
new text end

new text begin (2) one member of the house, appointed by the speaker of the house;
new text end

new text begin (3) one representative of the Prairie Island Indian community;
new text end

new text begin (4) four representatives of transition communities, of which two must be from counties,
two must be from municipalities, at least one must host a coal plant, at least one must host
a nuclear plant, and at least one must host a natural gas plant;
new text end

new text begin (5) three representatives of workers at investor-owned electric generating plants powered
by coal, nuclear energy, or natural gas;
new text end

new text begin (6) one representative with professional economic development or workforce retraining
experience;
new text end

new text begin (7) two representatives of utilities that operate an electric generating unit;
new text end

new text begin (8) one representative from a nonprofit organization with expertise and experience with
energy efficiency and conservation programs; and
new text end

new text begin (9) one representative from the Coalition of Utility Cities.
new text end

new text begin (c) The ex officio nonvoting members of the advisory committee consist of the following:
new text end

new text begin (1) the governor or the governor's designee;
new text end

new text begin (2) the commissioner of employment and economic development or a designee;
new text end

new text begin (3) the commissioner of labor and industry or a designee;
new text end

new text begin (4) the commissioner of revenue or a designee;
new text end

new text begin (5) the executive secretary of the Public Utilities Commission or a designee; and
new text end

new text begin (6) the commissioner of the Pollution Control Agency or a designee.
new text end

new text begin Subd. 3. new text end

new text begin Initial appointments and first meeting. new text end

new text begin The appointing authorities must
appoint the members of the advisory committee by August 1, 2021. The commissioner of
employment and economic development must convene the first meeting by September 1,
2021, and must act as chair until the advisory committee elects a chair at its first meeting.
new text end

new text begin Subd. 4. new text end

new text begin Chair. new text end

new text begin The committee must elect a chair and vice-chair from among its voting
members for a term of two years.
new text end

new text begin Subd. 5. new text end

new text begin Open meetings. new text end

new text begin Advisory committee meetings are subject to Minnesota Statutes,
chapter 13D.
new text end

new text begin Subd. 6. new text end

new text begin Conflict of interest. new text end

new text begin A member of the committee is prohibited from participating
in the discussion of or vote on a decision of the committee relating to an organization in
which the member has either a direct or indirect financial interest.
new text end

new text begin Subd. 7. new text end

new text begin Gifts; grants; donations. new text end

new text begin The advisory committee may accept gifts and grants,
which are accepted on behalf of the state and constitute donations to the state. Funds received
under this subdivision are appropriated to the commissioner of employment and economic
development to support the purposes of the committee.
new text end

new text begin Subd. 8. new text end

new text begin Meetings. new text end

new text begin The advisory committee must meet monthly until the energy transition
legacy plan is submitted to the governor and the legislature. The chair may call additional
meetings as necessary.
new text end

new text begin Subd. 9. new text end

new text begin Expiration. new text end

new text begin This section expires the day after the Minnesota energy transition
legacy plan required under section 3 is submitted to the legislature and the governor.
new text end

Sec. 3. new text begin MINNESOTA ENERGY TRANSITION LEGACY PLAN.
new text end

new text begin (a) By July 1, 2022, the Energy Transition Legacy Advisory Committee established in
section 2 must submit a statewide energy transition legacy plan to the governor and the
chairs and ranking minority members of the legislative committees having jurisdiction over
economic development and energy.
new text end

new text begin (b) The energy transition legacy plan must, at a minimum:
new text end

new text begin (1) identify the timing and location of facility closures and job layoffs for impacted
communities;
new text end

new text begin (2) provide an analysis of the estimated fiscal impact of plant retirements on local
governments;
new text end

new text begin (3) contain an explanation of the statutes and administrative processes that govern how
and when retired utility property impacts a local government's tax base, including an
explanation of how local governments receive notice of the impact of plant retirements from
the state and utilities;
new text end

new text begin (4) include a comprehensive review of existing state programs that might support
impacted communities and workers, and a projection of how effective or ineffective the
programs might be in responding to the impacts of facility closures; and
new text end

new text begin (5) provide recommendations for how to best respond to the economic implications of
facility closures.
new text end

Sec. 4. new text begin APPROPRIATION.
new text end

new text begin $450,000 in fiscal year 2022 and $450,000 in fiscal year 2023 are appropriated from the
general fund to the commissioner of employment and economic development for the Energy
Transition Legacy Office established under Minnesota Statutes, section 116J.5491.
new text end