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HF 2834

4th Engrossment - 88th Legislature (2013 - 2014) Posted on 05/14/2014 09:24am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to energy; modifying, adding, or authorizing provisions governing
medically necessary equipment, propane sales, low-income rate discounts,
interconnection of distributed generation, electric vehicle charging tariffs,
on-bill repayment programs, energy efficiency programs, emissions reduction
planning, certificates of need, solar energy systems, transmission lines, and
low-income home energy assistance; repealing certain obsolete administrative
rules; requiring a report; amending Minnesota Statutes 2012, sections 16C.144,
subdivision 3; 216B.098, subdivision 5; 216B.16, subdivision 14; 216B.1611,
by adding a subdivision; 216B.241, by adding a subdivision; 216B.2422,
by adding a subdivision; 216B.243, subdivision 8; 216C.41, subdivision 4;
216C.436, subdivision 4, by adding a subdivision; 216E.01, by adding a
subdivision; 216E.04, subdivision 2; 239.051, subdivision 29; 239.785, by
adding a subdivision; 325E.027; Laws 2013, chapter 57, section 2; Laws
2014, chapter 145, section 1; proposing coding for new law in Minnesota
Statutes, chapters 216B; 216E; repealing Minnesota Rules, parts 3300.0800;
3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15,
17, 18, 19, 20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
36; 3300.1100; 3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600;
3300.1700; 3300.1800; 3300.1900; 7607.0100; 7607.0110; 7607.0120;
7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; 7607.0180;
7685.0100; 7685.0120; 7685.0130; 7685.0140.

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

Section 1.

Minnesota Statutes 2012, section 16C.144, subdivision 3, is amended to read:


Subd. 3.

Lease purchase agreement.

The commissioner may enter into a lease
purchase agreement with any party for the implementation of utility cost-savings measures
in accordance with the guaranteed energy-savings agreement. The implementation costs of
the utility cost-savings measures recommended in the engineering report shall not exceed
the amount to be saved in utility and operation and maintenance costs over the term of the
lease purchase agreement. The term of the lease purchase agreement shall not exceed deleted text begin15
deleted text end new text begin25 new text endyears from the date of final installation. The lease is assignable in accordance with
terms approved by the commissioner of management and budget.

Sec. 2.

Minnesota Statutes 2012, section 216B.098, subdivision 5, is amended to read:


Subd. 5.

Medically necessary equipment.

new text begin(a) new text endA utility shall reconnect or
continue service to a customer's residence where a medical emergency exists or where
medical equipment requiring electricity necessary to sustain life is in use, provided that
the utility receives deleted text beginfrom a medical doctordeleted text end written certification, or initial certification by
telephone and written certification within five business days, that failure to reconnect or
continue service will impair or threaten the health or safety of a resident of the customer's
household. deleted text beginThe customer must enter into a payment agreement.
deleted text end

new text begin (b) Certification of the necessity for service is required. Certification may be
provided by:
new text end

new text begin (1) a licensed medical doctor;
new text end

new text begin (2) a licensed physician assistant;
new text end

new text begin (3) an advanced practice registered nurse, as defined in section 148.171; or
new text end

new text begin (4) a registered nurse, but only to the extent of verifying the current diagnosis or
prescriptions made by a licensed medical doctor for the customer or member of the
customer's household.
new text end

new text begin (c) Except as provided in paragraph (d), a certification may not extend beyond six
months from the date of written certification.
new text end

new text begin (d) If a utility determines that a longer certification is appropriate given a particular
customer's circumstances, the utility may, at its sole discretion, extend the duration of a
certification for up to 12 months.
new text end

new text begin (e) A certification may be renewed, provided that the renewal complies with this
subdivision. A certification may be renewed by the same or another medical professional
who meets the qualifications of paragraph (b).
new text end

new text begin (f) A customer whose account is in arrears must contact and enter into a payment
agreement with the utility. The payment agreement must consider a customer's financial
circumstances and any extenuating circumstances of the household. The payment
agreement may, at the discretion of the utility, contain a provision by which the utility
forgives all or a portion of the amount in which the account is in arrears, which, if
implemented, extinguishes individual liability for the amount forgiven.
new text end

Sec. 3.

new text begin [216B.0991] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections 216B.0991 to 216B.0995, the
terms defined in this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Customer. new text end

new text begin "Customer" means a person who has an established relationship
with a propane distributor and whose propane system meets the safety guidelines
established by the propane distributor for residential heating service.
new text end

new text begin Subd. 3. new text end

new text begin LIHEAP. new text end

new text begin "LIHEAP" means the low-income home energy assistance
program.
new text end

new text begin Subd. 4. new text end

new text begin Propane distributor. new text end

new text begin "Propane distributor" means a person who sells
propane at retail to customers as their primary residential heat source; propane distributors
are not public utilities.
new text end

new text begin Subd. 5. new text end

new text begin Residential heating service. new text end

new text begin "Residential heating service" means the
provision of the primary source of heat for the interior of a residential structure.
new text end

Sec. 4.

new text begin [216B.0992] PRICE AND FEE DISCLOSURE.
new text end

new text begin A propane distributor must provide a document listing the current per-gallon price of
propane and all additional charges, fees, and discounts that pertain to residential heating
service. The document must be:
new text end

new text begin (1) made available to the general public upon request; and
new text end

new text begin (2) provided to new customers before residential heating service is initiated.
new text end

Sec. 5.

new text begin [216B.0993] BUDGET PAYMENT PLAN.
new text end

new text begin (a) A propane distributor who offers customers a budget payment plan must make
that same plan available to all customers, including those who participate in the LIHEAP
program.
new text end

new text begin (b) A budget payment plan must equalize a customer's estimated annual propane bill
by dividing it into equal monthly payments. Any budget plan started after the propane
distributor's traditional budget plan start date will be divided by the remaining months
in the budget plan year. Any positive balance remaining at the end of a year may, at the
customer's discretion, be provided to the customer as a cash payment or carried over as a
credit on the customer's bill for the next year.
new text end

new text begin (c) A propane distributor must notify a customer on a budget payment plan of a price
or fee change that may affect the monthly amount due under the budget payment plan
by more than 20 percent.
new text end

new text begin (d) A propane distributor may alter or terminate the plan if a customer has failed to
pay two monthly payments during the period of the budget payment plan. In lieu of the
requirements of this section, the parties may enter into a mutually agreeable plan.
new text end

Sec. 6.

new text begin [216B.0994] PROPANE PURCHASE CONTRACTS.
new text end

new text begin A propane distributor is prohibited from adding any service, distribution,
transportation, or similar fees to customer billings for those customers who have entered
into a contract for prepurchasing or capitated pricing of propane for the period of the
contract provided that:
new text end

new text begin (1) the customer has met all obligations of that contract; and
new text end

new text begin (2) the propane distributor can receive product from its contracted supply points and
a force majeure has not been declared by the propane distributor's supplier.
new text end

Sec. 7.

new text begin [216B.0995] TERMS OF SALE.
new text end

new text begin Subdivision 1. new text end

new text begin Cash sales. new text end

new text begin A propane distributor with an available supply of
propane must not refuse to sell propane to a customer who:
new text end

new text begin (1) pays the distributor's established price upon delivery in cash, by certified or
cashier's check, or by commercial money order or its equivalent; or
new text end

new text begin (2) receives energy assistance from LIHEAP or a governmental or private agency
that has funds available to pay for a delivery.
new text end

new text begin Subd. 2. new text end

new text begin LIHEAP participation; delivery. new text end

new text begin A propane distributor who accepts
LIHEAP payments must, upon request, make available to its customers information
regarding LIHEAP, including income eligibility and contact information for organizations
accepting LIHEAP applications.
new text end

new text begin Subd. 3. new text end

new text begin Third-party credit disclosure. new text end

new text begin A propane distributor must not make
known the names of past or present delinquent customers to other propane distributors,
except in the course of a routine credit check performed when a prospective customer
applies for credit privileges.
new text end

Sec. 8.

Minnesota Statutes 2012, section 216B.16, subdivision 14, is amended to read:


Subd. 14.

Low-income electric rate discount.

A public utility shall fund an
affordability program for low-income customers deleted text beginin an amount based on a 50 percent electric
rate discount on the first 400 kilowatt-hours consumed in a billing period for low-income
residential customers of the utility
deleted text endnew text begin at a base annual funding level of $8,000,000. The annual
funding level shall increase in the calendar years subsequent to each commission approval
of a rate increase for the public utility's residential customers by the same percentage as the
approved residential rate increase. Costs for the program shall be included in the utility's
base rate
new text end. For the purposes of this subdivision, "low-income" describes a customer who is
receiving assistance from the federal low-income home energy assistance program. The
affordability program must be designed to target participating customers with the lowest
incomes and highest energy costs in order to lower the percentage of income they devote
to energy bills, increase their payments, new text beginlower utility service disconnections, new text endand deleted text beginlower
deleted text endnew text begin decreasenew text end costs associated with collection activities on their accounts. For low-income
customers who are 62 years of age or older or disabled, the program mustdeleted text begin, in addition to
any other program benefits,
deleted text end include a deleted text begin50 percent electric rate discount on the first 400
kilowatt-hours consumed in a
deleted text endnew text begin $15 discount in eachnew text end billing period. For the purposes of this
subdivision, "public utility" includes only those public utilities with more than 200,000
residential electric service customers. The commission may issue orders necessary to
implement, administer, and recover the costs of the program on a timely basis.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective October 1, 2014.
new text end

Sec. 9.

Minnesota Statutes 2012, section 216B.1611, is amended by adding a
subdivision to read:


new text begin Subd. 3a. new text end

new text begin Project information. new text end

new text begin (a) Beginning July 1, 2014, each electric utility
shall request an applicant for interconnection of distributed renewable energy generation
to provide the following information, in a format prescribed by the commissioner:
new text end

new text begin (1) the nameplate capacity of the facility in the application;
new text end

new text begin (2) the preincentive installed cost and cost components of the generation system
at the facility;
new text end

new text begin (3) the energy source of the facility; and
new text end

new text begin (4) the zip code in which the facility is to be located.
new text end

new text begin (b) The commissioner shall develop or identify a system to collect and process the
information under this subdivision for each utility, and make non-project-specific data
available to the public on a periodic basis as determined by the commissioner, and in a
format determined by the commissioner. The commissioner may solicit proposals from
outside parties to develop the system. The commissioner may only collect data authorized
in paragraph (a), and may not require submission of any additional data that could be used
to personally identify any individual applicant or utility customer.
new text end

new text begin (c) Electric utilities collecting and transferring data under this subdivision are not
responsible for the accuracy, completeness, or quality of the information under this
subdivision.
new text end

new text begin (d) Except as provided in paragraph (b), any information provided by an applicant to
the commissioner under this subdivision is nonpublic data as defined in section 13.02,
subdivision 9.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2014, and applies to
applications received on or after that date.
new text end

Sec. 10.

new text begin [216B.1614] ELECTRIC VEHICLE CHARGING TARIFF.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in
this subdivision have the meanings given them.
new text end

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

new text begin (c) "Public utility" has the meaning given in section 216B.02, subdivision 4.
new text end

new text begin (d) "Renewable energy" has the meaning given in section 216B.169, subdivision 2,
paragraph (d).
new text end

new text begin Subd. 2. new text end

new text begin Required tariff. new text end

new text begin (a) By February 1, 2015, each public utility selling
electricity at retail must file with the commission a tariff that allows a customer to purchase
electricity solely for the purpose of recharging an electric vehicle. The tariff must:
new text end

new text begin (1) contain either a time-of-day or off-peak rate, as elected by the public utility;
new text end

new text begin (2) offer a customer the option to purchase electricity:
new text end

new text begin (i) from the utility's current mix of energy supply sources; or
new text end

new text begin (ii) entirely from renewable energy sources, subject to the conditions established
under section 216B.169, subdivision 2, paragraph (b), and subdivision 3, paragraph (a); and
new text end

new text begin (3) be made available to the residential customer class.
new text end

new text begin (b) The public utility may, at its discretion, offer the tariff to other customer classes.
new text end

new text begin (c) The commission shall, after notice and opportunity for public comment, approve,
modify, or reject the tariff. The commission may approve the tariff if the public utility
has demonstrated that the tariff:
new text end

new text begin (1) appropriately reflects off-peak versus peak cost differences in the rate charged;
new text end

new text begin (2) includes a mechanism to allow the recovery of costs reasonably necessary to
comply with this section, including costs to inform and educate customers about the
financial, energy conservation, and environmental benefits of electric vehicles and to
publicly advertise and promote participation in the customer-optional tariff;
new text end

new text begin (3) provides for clear and transparent customer billing statements including, but not
limited to, the amount of energy consumed under the tariff; and
new text end

new text begin (4) incorporates the cost of metering or submetering within the rate charged to
the customer.
new text end

new text begin (d) Within 60 days of commission approval of a public utility's tariff filed under this
section, the public utility shall make the tariff available to customers.
new text end

new text begin (e) The utility may at any time propose revisions to a tariff filed under this
subdivision based on changing costs or conditions.
new text end

new text begin Subd. 3. new text end

new text begin Data reporting. new text end

new text begin Each public utility providing a tariff under this section
shall periodically report to the commission, as established by the commission and on a form
prescribed by the commission, the following information, organized on a per-quarter basis:
new text end

new text begin (1) the number of customers who have arranged to purchase electricity under the
tariff;
new text end

new text begin (2) the total amount of electricity sold under the tariff; and
new text end

new text begin (3) other data required by the commission.
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. 11.

Minnesota Statutes 2012, section 216B.241, is amended by adding a
subdivision to read:


new text begin Subd. 5d. new text end

new text begin On-bill repayment programs. new text end

new text begin (a) For the purposes of this subdivision:
new text end

new text begin (1) "utility" means a public utility, municipal utility, or cooperative electric
association that provides electric or natural gas service to retail customers; and
new text end

new text begin (2) "on-bill repayment program" means a program in which a utility collects on a
customer's bill repayment of a loan to the customer by an eligible lender to finance the
customer's investment in eligible energy conservation or renewable energy projects, and
remits loan repayments to the lender.
new text end

new text begin (b) A utility may include as part of its conservation improvement plan an on-bill
repayment program to enable a customer to finance eligible projects with installment
loans originated by an eligible lender. An eligible project is one that is either an energy
conservation improvement, or a project installed on the customer's site that uses an eligible
renewable energy source as that term is defined in section 216B.2411, subdivision 2,
paragraph (b), but does not include mixed municipal solid waste or refuse-derived fuel
from mixed municipal solid waste. An eligible renewable energy source also includes
solar thermal technology that collects the sun's radiant energy and uses that energy to heat
or cool air or water, and meets the requirements of section 216C.25. To be an eligible
lender, a lender must:
new text end

new text begin (1) have a federal or state charter and be eligible for federal deposit insurance;
new text end

new text begin (2) be a government entity, including an entity established under chapter 469, that
has authority to provide financial assistance for energy efficiency and renewable energy
projects;
new text end

new text begin (3) be a joint venture by utilities established under section 452.25; or
new text end

new text begin (4) be licensed, certified, or otherwise have its lending activities overseen by a
state or federal government agency.
new text end

new text begin The commissioner must allow a utility broad discretion in designing and implementing an
on-bill repayment program, provided that the program complies with this subdivision.
new text end

new text begin (c) A utility may establish an on-bill repayment program for all customer classes
or for a specific customer class.
new text end

new text begin (d) A public utility that implements an on-bill repayment program under this
subdivision must enter into a contract with one or more eligible lenders that complies
with the requirements of this subdivision and contains provisions addressing capital
commitments, loan origination, transfer of loans to the public utility for on-bill repayment,
and acceptance of loans returned due to delinquency or default.
new text end

new text begin (e) A public utility's contract with a lender must require the lender to comply with
all applicable federal and state laws, rules, and regulations related to lending practices
and consumer protection; to conform to reasonable and prudent lending standards; and to
provide businesses that sell, maintain, and install eligible projects the ability to participate
in an on-bill repayment program under this subdivision on a nondiscriminatory basis.
new text end

new text begin (f) A public utility's contract with a lender may provide:
new text end

new text begin (1) for the public utility to purchase loans from the lender with a condition that the
lender must purchase back loans in delinquency or default; or
new text end

new text begin (2) for the lender to retain ownership of loans with the public utility servicing the
loans through on-bill repayment as long as payments are current.
new text end

new text begin The risk of default must remain with the lender. The lender shall not have recourse against
the public utility except in the event of negligence or breach of contract by the utility.
new text end

new text begin (g) If a public utility customer makes a partial payment on a utility bill that includes
a loan installment, the partial payment must be credited first to the amount owed for
utility service, including taxes and fees. A public utility may not suspend or terminate
a customer's utility service for delinquency or default on a loan that is being serviced
through the public utility's on-bill repayment program.
new text end

new text begin (h) An outstanding balance on a loan being repaid under this subdivision is a
financial obligation only of the customer who is signatory to the loan, and not to any
subsequent customer occupying the property associated with the loan. If the public utility
purchases loans from the lender as authorized under paragraph (f), clause (1), the public
utility must return to the lender a loan not repaid when a customer borrower no longer
occupies the property.
new text end

new text begin (i) Costs incurred by a public utility under this subdivision are recoverable as
provided in section 216B.16, subdivision 6b, paragraph (c), including reasonable
incremental costs for billing system modifications necessary to implement and operate an
on-bill repayment program and for ongoing costs to operate the program. Costs in a plan
approved by the commissioner may be counted toward a utility's conservation spending
requirements under subdivisions 1a and 1b. Energy savings from energy conservation
improvements resulting from this section may be counted toward satisfying a utility's
energy-savings goals under subdivision 1c.
new text end

new text begin (j) This subdivision does not require a utility to terminate or modify an existing
financing program and does not prohibit a utility from establishing an on-bill financing
program in which the utility provides the financing capital.
new text end

new text begin (k) A municipal utility or cooperative electric association that implements an on-bill
repayment program shall design the program to address the issues identified in paragraphs
(d) through (h) as determined by the governing board of the utility or association.
new text end

Sec. 12.

Minnesota Statutes 2012, section 216B.2422, is amended by adding a
subdivision to read:


new text begin Subd. 2c. new text end

new text begin Long-range emission reduction planning. new text end

new text begin Each utility required to file a
resource plan under subdivision 2 shall include in the filing a narrative identifying and
describing the costs, opportunities, and technical barriers to the utility continuing to make
progress on its system toward achieving the state greenhouse gas emission reduction goals
established in section 216H.02, subdivision 1, and the technologies, alternatives, and steps
the utility is considering to address those opportunities and barriers.
new text end

Sec. 13.

Minnesota Statutes 2012, section 216B.243, subdivision 8, is amended to read:


Subd. 8.

Exemptions.

This section does not apply to:

(1) cogeneration or small power production facilities as defined in the Federal Power
Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and
paragraph (18), subparagraph (A), and having a combined capacity at a single site of less
than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or
any case where the commission has determined after being advised by the attorney general
that its application has been preempted by federal law;

(2) a high-voltage transmission line proposed primarily to distribute electricity to
serve the demand of a single customer at a single location, unless the applicant opts to
request that the commission determine need under this section or section 216B.2425;

(3) the upgrade to a higher voltage of an existing transmission line that serves the
demand of a single customer that primarily uses existing rights-of-way, unless the applicant
opts to request that the commission determine need under this section or section 216B.2425;

(4) a high-voltage transmission line of one mile or less required to connect a new or
upgraded substation to an existing, new, or upgraded high-voltage transmission line;

(5) conversion of the fuel source of an existing electric generating plant to using
natural gas; deleted text beginor
deleted text end

(6) the modification of an existing electric generating plant to increase efficiency,
as long as the capacity of the plant is not increased more than ten percent or more than
100 megawatts, whichever is greaterdeleted text begin.deleted text endnew text begin; or
new text end

new text begin (7) a wind energy conversion system or solar electric generation facility if the system
or facility is owned and operated by an independent power producer and the electric output
of the system or facility is not sold to an entity that provides retail service in Minnesota
or wholesale electric service to another entity in Minnesota other than an entity that is a
federally recognized regional transmission organization or independent system operator.
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. 14.

Minnesota Statutes 2012, section 216C.41, subdivision 4, is amended to read:


Subd. 4.

Payment period.

(a) A facility may receive payments under this section for
a ten-year period. No payment under this section may be made for electricity generated:

(1) by a qualified hydroelectric facility after December 31, 2021;

(2) by a qualified wind energy conversion facility after December 31, 2018; or

(3) by a qualified on-farm biogas recovery facility after December 31, deleted text begin2015deleted text endnew text begin 2017new text end.

(b) The payment period begins and runs consecutively from the date the facility
begins generating electricity or, in the case of refurbishment of a hydropower facility, after
substantial repairs to the hydropower facility dam funded by the incentive payments are
initiated.

Sec. 15.

Minnesota Statutes 2012, section 216C.436, subdivision 4, is amended to read:


Subd. 4.

Financing terms.

Financing provided under this section must have:

(1) a deleted text beginweighteddeleted text end new text begincost-weightednew text end average maturity not exceeding the useful life of
the energy improvements installed, as determined by the implementing entity, but in no
event may a term exceed 20 years;

(2) a principal amount not to exceed the lesser of deleted text begintendeleted text endnew text begin 20new text end percent of the assessed value
of the real property on which the improvements are to be installed or the actual cost of
installing the energy improvements, including the costs of necessary equipment, materials,
and labor, the costs of each related energy audit or renewable energy system feasibility
study, and the cost of verification of installation; and

(3) an interest rate sufficient to pay the financing costs of the program, including the
issuance of bonds and any financing delinquencies.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

Minnesota Statutes 2012, section 216C.436, is amended by adding a
subdivision to read:


new text begin Subd. 9. new text end

new text begin Supplemental funding sources. new text end

new text begin (a) An implementing entity is authorized
to establish, acquire, and use additional or alternative funding sources for the purposes
of this section.
new text end

new text begin (b) For the purposes of this subdivision, additional or alternative funding sources do
not include issuance of general obligation bonds.
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. 17.

Minnesota Statutes 2012, section 216E.01, is amended by adding a subdivision
to read:


new text begin Subd. 8a. new text end

new text begin Solar energy generating system. new text end

new text begin "Solar energy generating system"
means a set of devices whose primary purpose is to produce electricity by means of any
combination of collecting, transferring, or converting solar-generated energy.
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. 18.

new text begin [216E.021] SOLAR ENERGY SYSTEM SIZE DETERMINATION.
new text end

new text begin (a) This section must be used to determine whether a combination of solar energy
generating systems meets the definition of large electric power generating plant and is
subject to the commission's siting authority jurisdiction under this chapter. The alternating
current nameplate capacity of one solar energy generating system must be combined with
the alternating current nameplate capacity of any other solar energy generating system that:
new text end

new text begin (1) is constructed within the same 12-month period as the solar energy generating
system; and
new text end

new text begin (2) exhibits characteristics of being a single development, including but not limited
to ownership structure, an umbrella sales arrangement, shared interconnection, revenue
sharing arrangements, and common debt or equity financing.
new text end

new text begin (b) The commissioner of commerce shall provide forms and assistance for applicants
to make a request for a size determination. Upon written request of an applicant, the
commissioner shall provide a written size determination within 30 days of receipt of the
request and of any information requested by the commissioner. In the case of a dispute,
the chair of the Public Utilities Commission shall make the final size determination.
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. 19.

Minnesota Statutes 2012, section 216E.04, subdivision 2, is amended to read:


Subd. 2.

Applicable projects.

The requirements and procedures in this section
apply to the following projects:

(1) large electric power generating plants with a capacity of less than 80 megawatts;

(2) large electric power generating plants that are fueled by natural gas;

(3) high-voltage transmission lines of between 100 and 200 kilovolts;

(4) high-voltage transmission lines in excess of 200 kilovolts and less than five miles
in length in Minnesota;

(5) high-voltage transmission lines in excess of 200 kilovolts if at least 80 percent
of the distance of the line in Minnesota will be located along existing high-voltage
transmission line right-of-way;

(6) a high-voltage transmission line service extension to a single customer between
200 and 300 kilovolts and less than ten miles in length; deleted text beginand
deleted text end

(7) a high-voltage transmission line rerouting to serve the demand of a single
customer when the rerouted line will be located at least 80 percent on property owned or
controlled by the customer or the owner of the transmission linenew text begin; and
new text end

new text begin (8) large electric power generating plants that are powered by solar energynew 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. 20.

Minnesota Statutes 2012, section 239.051, subdivision 29, is amended to read:


Subd. 29.

Refinery, terminal.

"Refinery" or "terminal" means a petroleum refinery,
pipeline terminal, river terminal, storage facility, or other point of origin where new text beginliquefied
petroleum gas or
new text endpetroleum products are manufactured, or imported by rail, truck, barge, or
pipe; and held, stored, transferred, offered for distribution, distributed, offered for sale, or
sold. For the purpose of restricting petroleum product blending, this definition includes all
refineries and terminals within and outside of Minnesota, but does not include a licensed
distributor's bulk storage facility that is used to store petroleum products for which the
petroleum inspection fee charged under this chapter is either not due or has been paid.

Sec. 21.

Minnesota Statutes 2012, section 239.785, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Notification of product unavailability; terminal operators. new text end

new text begin A person
who operates a terminal where liquefied petroleum gas is loaded into transport trucks for
subsequent distribution shall notify the commissioner within 24 hours when liquefied
petroleum gas is physically not available for sale to licensed distributors.
new text end

Sec. 22.

Minnesota Statutes 2012, section 325E.027, is amended to read:


325E.027 DISCRIMINATION PROHIBITION.

(a) No dealer or distributor of liquid propane gas or number 1 or number 2 fuel oil
who has signed a low-income home energy assistance program vendor agreement with the
Department of Commerce may refuse to deliver liquid propane gas or number 1 or number
2 fuel oil to any person located within the dealer's or distributor's normal delivery area
who receives direct grants under the low-income home energy assistance program if:

(1) the person has requested delivery;

(2) the dealer or distributor has product available;

(3) the person requesting delivery is capable of making full payment at the time of
delivery; and

(4) the person is not in arrears regarding any previous fuel purchase from that dealer
or distributor.

(b) A dealer or distributor making delivery to a person receiving direct grants
under the low-income home energy assistance program may not charge that person any
additional costs or fees that would not be charged to any other customer and must make
available to that person any discount program on the same basis as the dealer or distributor
makes available to any other customer.

new text begin (c) The commissioner of commerce may enforce this section using any of the
authority granted to the commissioner under section 45.027.
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. 23.

Laws 2013, chapter 57, section 2, is amended to read:


Sec. 2. TRANSMISSION LINE; CERTIFICATE OF NEED REQUIRED
AND EVIDENCE REQUIRED.

(a) A high-voltage transmission line with a capacity of 100 kilovolts or more proposed
to be located within a city in the metropolitan area as defined in Minnesota Statutes,
section 473.121, subdivision 2, for which a route permit application was filed between
June 2011 and August 2011, and a certificate of need application was filed between June
2012 and August 2012, to rebuild approximately eight miles of 69 kilovolt transmission
with a high-voltage transmission line to meet local area distribution needs, must be
approved in a certificate of need proceeding conducted under Minnesota Statutes, section
216B.243. The certificate of need may be approved only if the commission finds by clear
and convincing evidence that there is no feasible and available distribution level alternative
to the transmission line. In making its findings the commission shall consider the factors
provided in applicable law and rules including, without limitation, cost-effectiveness,
energy conservation, and the protection or enhancement of environmental quality.

(b) Further proceedings regarding the routing of a high-voltage transmission line
described in this section shall be suspended until the Public Utilities Commission has
made a determination that the transmission line is needed.

new text begin (c) If an application for a certificate of need described in paragraph (a) is withdrawn
or otherwise abandoned, this section shall apply to any high-voltage transmission line of
100 kilovolts or more proposed to meet the same needs as the line described in paragraph
(a) and that follows a route that is similar to that of the line subject to paragraph (a). In
addition, a certificate of need for a line subject to this paragraph is not effective until
30 days following the adjournment of the regular legislative session next following
commission approval of the certificate of need.
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. 24.

Laws 2014, chapter 145, section 1, is amended to read:


Section 1. LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM;
SUPPLEMENTAL APPROPRIATION.

(a) $20,000,000 is appropriated in fiscal year 2014 from the general fund to the
commissioner of commerce for the purpose of providing additional heating assistance
through the low-income home energy assistance program under United States Code, title
42, sections 8621 to 8630, and Minnesota Statutes, section 216C.02, subdivision 1. No
more than deleted text beginfivedeleted text endnew text begin eightnew text end percent of this appropriation may be used for expenses to administer
the program. Any unspent balance available on June 30, 2014, cancels to the general fund.

(b) The funding provided in this section shall supplement, and not replace, any
federal or other funding existing or otherwise available for heating assistance in Minnesota.

(c) The commissioner shall disburse the funds provided in this section in a manner
consistent with the requirements of the federal low-income home energy assistance
program under United States Code, title 42, sections 8621 to 8630.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 1, 2014.
new text end

Sec. 25. new text beginLEGISLATIVE ENERGY COMMISSION; PROPANE CONVERSION
STRATEGIES.
new text end

new text begin (a) The Legislative Energy Commission is requested to investigate the feasibility of
converting propane gas users to natural gas or other alternative sources of energy. The
investigation, among other things, should assess the technical and economic issues for
converting nonmetropolitan users of propane gas to pipeline service of natural gas.
new text end

new text begin (b) The commission is requested to complete its investigations so that any
recommendations for legislation are completed by January 15, 2015.
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. 26. new text begin REPEALER.
new text end

new text begin Subdivision 1. new text end

new text begin Weatherization assistance. new text end

new text begin Minnesota Rules, parts 3300.0800;
3300.0900; 3300.1000, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 19,
20, 21, 22, 23, 24, 25, 25a, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36; 3300.1100;
3300.1200; 3300.1300; 3300.1400; 3300.1500; 3300.1600; 3300.1700; 3300.1800; and
3300.1900,
new text end new text begin are repealed.
new text end

new text begin Subd. 2. new text end

new text begin Energy conservation loan program. new text end

new text begin Minnesota Rules, parts 7607.0100;
7607.0110; 7607.0120; 7607.0130; 7607.0140; 7607.0150; 7607.0160; 7607.0170; and
7607.0180,
new text end new text begin are repealed.
new text end

new text begin Subd. 3. new text end

new text begin Cooling systems replacement; energy efficiency criteria. new text end

new text begin Minnesota
Rules, parts 7685.0100; 7685.0120; 7685.0130; and 7685.0140,
new text end new text begin are repealed.
new text end