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HF 945

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2013 02:32pm

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

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1.1A bill for an act
1.2relating to energy; amending factors used by the Public Utilities Commission to
1.3determine just compensation for a utility purchased by a municipality;amending
1.4Minnesota Statutes 2012, section 216B.45.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2012, section 216B.45, is amended to read:
1.7216B.45 MUNICIPAL PURCHASE OF PUBLIC UTILITY.
1.8Any public utility operating in a municipality under a license, permit, right, or
1.9franchise shall be deemed to have consented to the purchase by the municipality, for just
1.10compensation, of its property operated in the municipality under such license, permit,
1.11right, or franchise. The municipality, subject to the provisions of Laws 1974, chapter
1.12429, may purchase the property upon notice to the public utility as herein provided.
1.13Whenever the commission is notified by the municipality or the public utility affected that
1.14the municipality has, pursuant to law, determined to purchase the property of the public
1.15utility, and that the parties to the purchase and sale have been unable to agree on the
1.16amount to be paid and received therefor, the commission shall set a time and place for a
1.17public hearing, after not less than 30 days' notice to the parties, upon the matter of just
1.18compensation or the matter of the property to be purchased. Within a reasonable time
1.19the commission shall, by order, determine the just compensation for the property to be
1.20purchased by the municipality. In determining just compensation, the commission shall
1.21consider the original cost of the property less depreciation, loss of revenue to the utility,
1.22 expenses resulting from integration of facilities, and other appropriate factors, except the
1.23commission shall not consider loss of revenue to the utility. The order of the commission
1.24may be reviewed as provided in section 216B.52. Commission expenses arising out of the
2.1exercise of its jurisdiction under this section shall be assessed to the municipality. For
2.2purposes of this section, a public utility shall include a cooperative electric association.
2.3EFFECTIVE DATE.This section is effective the day following final enactment.

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