HF 945

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

A bill for an act
relating to energy; amending factors used by the Public Utilities Commission to
determine just compensation for a utility purchased by a municipality; amending
Minnesota Statutes 2012, section 216B.45.

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

Section 1.

Minnesota Statutes 2012, section 216B.45, is amended to read:

216B.45 MUNICIPAL PURCHASE OF PUBLIC UTILITY.

Any public utility operating in a municipality under a license, permit, right, or
franchise shall be deemed to have consented to the purchase by the municipality, for just
compensation, of its property operated in the municipality under such license, permit,
right, or franchise. The municipality, subject to the provisions of Laws 1974, chapter
429, may purchase the property upon notice to the public utility as herein provided.
Whenever the commission is notified by the municipality or the public utility affected that
the municipality has, pursuant to law, determined to purchase the property of the public
utility, and that the parties to the purchase and sale have been unable to agree on the
amount to be paid and received therefor, the commission shall set a time and place for a
public hearing, after not less than 30 days' notice to the parties, upon the matter of just
compensation or the matter of the property to be purchased. Within a reasonable time
the commission shall, by order, determine the just compensation for the property to be
purchased by the municipality. In determining just compensation, the commission shall
consider the original cost of the property less depreciation, loss of revenue to the utility,
expenses resulting from integration of facilities, and other appropriate factors, except the
commission shall not consider loss of revenue to the utility. The order of the commission
may be reviewed as provided in section 216B.52. Commission expenses arising out of the
exercise of its jurisdiction under this section shall be assessed to the municipality. For
purposes of this section, a public utility shall include a cooperative electric association.

EFFECTIVE DATE.

This section is effective the day following final enactment.