HF 3585

4th Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to energy; authorizing certain governments to engage in energy-related
activities, including ownership of renewable energy projects; amending
Minnesota Statutes 2006, section 216B.1612, by adding a subdivision; proposing
coding for new law in Minnesota Statutes, chapter 373.

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

Section 1.

Minnesota Statutes 2006, section 216B.1612, is amended by adding a
subdivision to read:

new text begin Subd. 9. new text end

new text begin Local government and political subdivision powers. new text end

new text begin A Minnesota
political subdivision or local government may plan, develop, purchase, acquire, construct,
and own a C-BED project and may sell output from that project as provided for in this
section. A Minnesota political subdivision or local government may not acquire property
under this subdivision through eminent domain. A Minnesota political subdivision or
local government may operate, maintain, improve, and expand the C-BED project subject
to any restrictions in this section.
new text end

Sec. 2.

new text begin [373.48] FINANCING ENERGY PURCHASE CONTRACTS AND
PARTICIPATION IN GENERATION AND TRANSMISSION PROJECTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purpose of this section, "project" means a facility
that generates electricity from renewable energy sources listed in section 216B.1691,
subdivision 1, paragraph (a), clause (1).
new text end

new text begin Subd. 2. new text end

new text begin Energy purchase contracts; generation projects. new text end

new text begin A county may, for
itself or in cooperation with other counties, enter into agreements for the purchase of
electrical energy from one or more projects, and may enter into agreements with a utility
for the purchase and sale of the electrical energy so purchased. Agreements may be for a
term of one year to 20 years. A county may also acquire an ownership interest in a project
and may enter into agreements for the purchase and sale of electrical energy produced. A
county may not sell, transmit, or distribute the electrical energy at retail or provide for
end use from an off-site facility by the county or counties of the electrical energy. A
county's on-site generation authorized under this subdivision is limited to a total of ten
megawatts. Nothing in this section modifies the exclusive service territories or exclusive
right to serve as provided in sections 216B.37 to 216B.43. The energy to be purchased by
a county under agreements entered into under this section and the energy produced that is
commensurate with the county's interest in projects shall not in any year exceed the total
amount of energy used by the county for its own facilities in the immediately preceding
year, regardless of the source from which energy was obtained.
new text end