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HF 3499

as introduced - 86th Legislature (2009 - 2010) Posted on 03/08/2010 11:24am

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

Bill Text Versions

Engrossments
Introduction Posted on 03/08/2010

Current Version - as introduced

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A bill for an act
relating to metropolitan government; authorizing the cities of Minneapolis and
St. Paul to expand certain residential energy conservation programs to include
commercial and industrial property; amending Laws 1981, chapter 222, sections
1; 2; 3; 4, subdivision 2; repealing Laws 1981, chapter 222, section 7.

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

Section 1.

Laws 1981, chapter 222, section 1, is amended to read:


Section 1.

MINNEAPOLIS AND ST. PAUL; RESIDENTIALnew text begin , COMMERCIAL,
AND INDUSTRIAL
new text end ENERGY CONSERVATION PROGRAM; PURPOSE.

The legislature finds and declares that the state faces potential serious shortages in
energy resources and that implementing energy conservation measures requires expanded
authority and technical capability in order to minimize the use of traditional energy
sources in the housing deleted text begin sectordeleted text end new text begin , commercial, and industrial sectorsnew text end ; that accomplishing
energy conservation is a public purpose; new text begin and new text end that it is in the public interest to authorize
the city of Minneapolis and the city of St. Paul to provide existing deleted text begin single family, existing
multifamily and existing rental housing
deleted text end new text begin residential, commercial, and industrial propertynew text end
loans for energy improvements.

Sec. 2.

Laws 1981, chapter 222, section 2, is amended to read:


Sec. 2.

deleted text begin RESIDENTIALdeleted text end ENERGY CONSERVATION PROGRAM.

Notwithstanding any provision of law or charter to the contrary the city of
Minneapolis and the city of St. Paul, individually or jointly are authorized to develop and
administer a program or programs for the making or purchasing of energy improvement or
energy rehabilitation loans with respect to deleted text begin housingdeleted text end new text begin residential, commercial, and industrial
properties
new text end located anywhere within their respective boundaries on such terms and
conditions as set forth in this act and an ordinance which shall be adopted by the governing
body or bodies of the municipality or municipalities establishing the program. At least 75
percent of the proceeds of each energy improvement or energy rehabilitation loan shall
be used for deleted text begin housingdeleted text end new text begin propertynew text end repairs deleted text begin anddeleted text end new text begin ,new text end improvementsnew text begin , and equipmentnew text end (1) which the
city determines are (a) used or useful to conserve energy or (b) to convert or retrofit
an existing structure for the purpose of using an energy source which does not depend
on nuclear or nonrenewable petroleum based resources, and (2) which, when installed
or completed, will deleted text begin with respect to each housing unitdeleted text end directly result in a cost effective
reduction of energy use from nuclear or nonrenewable petroleum based resources. The
ordinance establishing the program shall establish the manner of determining whether the
deleted text begin housingdeleted text end repairs deleted text begin anddeleted text end new text begin ,new text end improvementsnew text begin , and equipment new text end will directly result in the required cost
effective reduction of energy use. Loans may be made without regard to income level
of the loan recipient, shall bear interest at a rate or rates as are established by the city or
cities, shall be for a term of not to exceed 20 years, and may be secured by a mortgage
or other security interest. The powers granted to each city by sections 1 to 5 of this act
are supplemental and in addition to those granted by Minnesota Statutes, Chapter 462Cnew text begin ,
Chapter 469,
new text end and any other law or charter.

Sec. 3.

Laws 1981, chapter 222, section 3, is amended to read:


Sec. 3.

LIMITATIONS.

A program may be established pursuant to this act only after the city establishing the
program determines that:

(1) There is a continued need to reduce consumption of energy from nonrenewable
petroleum based resources.

(2) There are deleted text begin housing unitsdeleted text end new text begin propertiesnew text end within the jurisdiction of the city which are in
need of energy improvements and energy rehabilitation.

(3) Private sources of financing are not reasonably available to provide the needed
loans for energy improvements and energy rehabilitation.

(4) The types of energy improvements and energy rehabilitation will reduce the
consumption of energy from nonrenewable petroleum based resources or from nuclear
sources.

Findings made by the city pursuant to this section shall be conclusive and final.

Sec. 4.

Laws 1981, chapter 222, section 4, subdivision 2, is amended to read:


Subd. 2.

Bonding and financial authority.

Notwithstanding the provisions of any
other law, general or special to the contrary, and in addition to the authority contained in
any other law, the city of Minneapolis and the city of St. Paul individually or jointly may
exercise any and all of the same powers in relation to the making or purchasing of loans
or other securities and in the issuing of revenue bonds or obligations in furtherance of
the programs authorized by sections 1 to 5 as the Minnesota housing finance agency is
authorized to exercise under the provisions of Minnesota Statutes, Chapter 462A, without
regard to any of the limitations set forth in Minnesota Statutes, Chapters 462C or 475.
The revenue bonds or obligations shall be payable from revenues from the program and
other city deleted text begin housingdeleted text end programs. The revenue bonds or obligations may be payable from
other sources of city revenue which are derived from federal sources other than general
revenue sharing, or private grant sources. The city shall not levy or pledge to levy any
ad valorem tax upon real property for the purpose of paying principal of or interest on
revenue bonds or obligations.

Sec. 5. new text begin REPEALER.
new text end

new text begin Laws 1981, chapter 222, section 7, new text end new text begin is repealed.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 5 are effective the day following final enactment for each of the cities
of Minneapolis and St. Paul without local approval under Minnesota Statutes, section
645.023, subdivision 1, paragraph (a).
new text end