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HF 3134

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 03/02/2006

Current Version - as introduced

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A bill for an act
relating to energy; removing the entitlement of an innovative energy project to
enter into a contract to sell energy; making technical and clarifying changes;
amending Minnesota Statutes 2004, section 216B.1694, subdivision 2.

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

Section 1.

Minnesota Statutes 2004, section 216B.1694, subdivision 2, is amended to
read:


Subd. 2.

Regulatory incentives.

(a) An innovative energy project:

(1) is exempted from the requirements for a certificate of need under section
216B.243, for the generation facilities, and transmission infrastructure associated with the
generation facilities, but is subject to all applicable environmental review and permitting
procedures of sections 116C.51 to 116C.69;

(2) once permitted and constructed, is eligible to increase the capacity of the
associated transmission facilities without additional state review upon filing notice with
the commission;

(3) has the power of eminent domain, which deleted text begin shall bedeleted text end new text begin isnew text end limited to the sites and routes
approved deleted text begin by the Environmental Quality Boarddeleted text end for the project facilitiesdeleted text begin . The project shall
be
deleted text end new text begin by the commission or predecessor authority; isnew text end considered a utility as defined in section
116C.52, subdivision 10, for the limited purpose of section 116C.63deleted text begin . The projectdeleted text end new text begin ; andnew text end
shall report any intent to exercise eminent domain authority to the deleted text begin boarddeleted text end new text begin commissionnew text end ;

(4) deleted text begin shall qualifydeleted text end new text begin qualifiesnew text end as a "clean energy technology" as defined in section
216B.1693;

(5) deleted text begin shall,deleted text end prior to the approval by the commission of any arrangement to build or
expand a fossil-fuel-fired generation facilitydeleted text begin , or to enterdeleted text end new text begin and prior to enteringnew text end into an
agreement to purchase capacity or energy from deleted text begin such adeleted text end new text begin thenew text end facility for a term exceeding five
years, deleted text begin bedeleted text end new text begin isnew text end considered deleted text begin asdeleted text end a supply option for the generation facility, and the commission
shall ensure such consideration and take any action with respect to deleted text begin suchdeleted text end new text begin thenew text end supply
proposal that it deems to be in the best interest of ratepayers;

(6) shall make a good faith effort to secure funding from the United States
Department of Energy and the United States Department of Agriculture to conduct a
demonstration project at the facility for either geologic or terrestrial carbon sequestration
projects to achieve reductions in facility emissions or carbon dioxide;new text begin and
new text end

(7) deleted text begin shall be entitled to enter into a contract with a public utility that owns a nuclear
generation facility in the state to provide 450 megawatts of baseload capacity and energy
under a long-term contract, subject to the approval of the terms and conditions of the
contract by the commission. The commission may approve, disapprove, amend, or modify
the contract in making its public interest determination, taking into consideration the
project's economic development benefits to the state; the use of abundant domestic fuel
sources; the stability of the price of the output from the project; the project's potential to
contribute to a transition to hydrogen as a fuel resource; and the emission reductions
achieved compared to other solid fuel baseload technologies; and
deleted text end

deleted text begin (8)deleted text end deleted text begin shall bedeleted text end new text begin isnew text end eligible for a grant from the renewable development account, subject
to the approval of the entity administering that account, of $2,000,000 a year for five years
for development and engineering costs, including those costs related to mercury-removal
technology; thermal efficiency optimization and emission minimization; environmental
impact statement preparation and licensing; development of hydrogen production
capabilities; and fuel cell development and utilization.

(b) This subdivision does not apply to nor affect a proposal to add utility-owned
resources that is pending on May 29, 2003, before the Public Utilities Commission or to
competitive bid solicitations to provide capacity or energy that is scheduled to be on line
by December 31, 2006.

new text begin EFFECTIVE DATE. new text end

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