HF 3852

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

A bill for an act
relating to energy; prohibiting recovery of certain costs of electric service;
barring issuance of certificate of need by Public Utilities Commission under
certain circumstances; amending Minnesota Statutes 2004, sections 216B.1645,
by adding a subdivision; 216B.243, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2004, section 216B.1645, is amended by adding a
subdivision to read:

new text begin Subd. 5. new text end

new text begin Prohibition of cost recovery. new text end

new text begin A utility may not recover from Minnesota
ratepayers who receive electric service any costs, including capacity costs and costs of
purchased energy, associated with a coal-fired electric generating unit located outside
Minnesota whose construction begins after January 1, 2007, unless all carbon and mercury
that would otherwise be emitted into the atmosphere in gaseous or particulate form from
the coal-fired electric generating unit is sequestered. For purposes of this subdivision,
"sequestered" has the meaning given in section 216B.243, subdivision 3c, paragraph (b).
new text end

Sec. 2.

Minnesota Statutes 2004, section 216B.243, is amended by adding a
subdivision to read:

new text begin Subd. 3c. new text end

new text begin Sequestration required. new text end

new text begin (a) The commission may not issue a certificate
of need for a coal-fired electric generating unit unless the applicant for the certificate has
demonstrated to the commission's satisfaction that all carbon and mercury that would
otherwise be emitted into the atmosphere in gaseous or particulate form from the coal-fired
electric generating unit is sequestered.
new text end

new text begin (b) For purposes of this subdivision, "sequestered" means the taking and storing of
carbon or mercury that would otherwise be emitted into the atmosphere as a result of coal
combustion in order to prevent their release to the atmosphere.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment.
new text end