HF 3158

as introduced - 86th Legislature (2009 - 2010) Posted on 02/24/2010 04:42pm

A bill for an act
relating to energy; repealing prohibition on importation of electric energy from
coal-fired power plants in other states; amending Minnesota Statutes 2008,
sections 216H.01, subdivision 2; 216H.03, subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2008, section 216H.01, subdivision 2, is amended to
read:

Subd. 2.

Statewide greenhouse gas emissions.

"Statewide greenhouse
gas emissions" include emissions of carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride emitted by anthropogenic
sources within the state deleted text begin and from the generation of electricity imported from outside
the state and consumed in Minnesota deleted text end . Carbon dioxide that is injected into geological
formations to prevent its release to the atmosphere in compliance with applicable laws,
and carbon dioxide associated with the combustion of fuels other than coal, petroleum,
and natural gas are not counted as contributing to statewide greenhouse gas emissions.

Sec. 2.

Minnesota Statutes 2008, section 216H.03, subdivision 2, is amended to read:

Subd. 2.

Definition; statewide power sector carbon dioxide emissions.

For the
purpose of this section, "statewide power sector carbon dioxide emissions" means the total
annual emissions of carbon dioxide from the generation of electricity within the state
deleted text begin and all emissions of carbon dioxide from the generation of electricity imported from
outside the state and consumed in Minnesota deleted text end . Emissions of carbon dioxide associated
with transmission and distribution line losses are included in this definition. Carbon
dioxide that is injected into geological formations to prevent its release to the atmosphere
in compliance with applicable laws, and emissions of carbon dioxide associated with
the combustion of biomass, as defined in section 216B.2411, subdivision 2, paragraph
(c), clauses (1) to (4), are not counted as contributing to statewide power sector carbon
dioxide emissions.

Sec. 3.

Minnesota Statutes 2008, section 216H.03, subdivision 3, is amended to read:

Subd. 3.

Long-term increased emissions from power plants prohibited.

Unless
preempted by federal law, until a comprehensive and enforceable state law or rule
pertaining to greenhouse gases that directly limits and substantially reduces, over time,
statewide power sector carbon dioxide emissions is enacted and in effect, and except as
allowed in subdivisions 4 to 7, on and after August 1, 2009, no person shall:

(1) construct within the state a new large energy facility that would contribute to
statewide power sector carbon dioxide emissions; new text begin or
new text end

deleted text begin (2) import or commit to import from outside the state power from a new large energy
facility that would contribute to statewide power sector carbon dioxide emissions; or
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end enter into a new long-term power purchase agreement that would increase
statewide power sector carbon dioxide emissions. For purposes of this section, a long-term
power purchase agreement means an agreement to purchase 50 megawatts of capacity
or more for a term exceeding five years.

Sec. 4. new text begin EFFECTIVE DATE.
new text end

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