SF 1003

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/01/2023 09:01am

A bill for an act
relating to energy; modifying certain utility requirements; prohibiting certain
restrictions on the use of residential solar energy systems; amending Minnesota
Statutes 2022, section 216B.164, by adding a subdivision; proposing coding for
new law in Minnesota Statutes, chapter 500.

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

Section 1.

Minnesota Statutes 2022, section 216B.164, is amended by adding a subdivision
to read:

new text begin Subd. 12. new text end

new text begin Customer's access to electricity usage data. new text end

new text begin A utility must provide a
customer's electricity usage data to the customer within ten days of the date the utility
receives a request from the customer that is accompanied by evidence that the energy usage
data is relevant to the interconnection of a qualifying facility on behalf of the customer. For
the purposes of this subdivision, "electricity usage data" includes but is not limited to: (1)
the total amount of electricity used by a customer monthly; (2) usage by time period if the
customer operates under a tariff where costs vary by time-of-use; and (3) usage data that is
used to calculate a customer's demand charge.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

new text begin [500.216] LIMITS ON CERTAIN RESIDENTIAL SOLAR ENERGY
SYSTEMS PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end

new text begin (b) "Private entity" means a homeowners association, community association, or other
association that is subject to a homeowners association document.
new text end

new text begin (c) "Homeowners association document" means a document containing the declaration,
articles of incorporation, bylaws, or rules and regulations of:
new text end

new text begin (1) a common interest community, as defined in section 515B.1-103, regardless of
whether the common interest community is subject to chapter 515B; and
new text end

new text begin (2) a residential community that is not a common interest community.
new text end

new text begin (d) "Solar energy system" has the meaning given in section 216C.06, subdivision 17.
new text end

new text begin Subd. 2. new text end

new text begin Applicability. new text end

new text begin This section applies to single-family dwellings where the dwelling
owner owns or has the right to exclusive use of the roof.
new text end

new text begin Subd. 3. new text end

new text begin General rule. new text end

new text begin Except as otherwise provided in this section and notwithstanding
any covenant, restriction, or condition contained in a deed, security instrument, homeowners
association document, or any other instrument affecting the transfer, sale of, or an interest
in real property, a private entity must not prohibit or refuse to permit the owner of a
single-family dwelling to install, maintain, or use a roof-mounted solar energy system.
new text end

new text begin Subd. 4. new text end

new text begin Allowable conditions. new text end

new text begin (a) This section does not prohibit a private entity from
requiring that:
new text end

new text begin (1) a licensed contractor install a solar energy system;
new text end

new text begin (2) a roof-mounted solar energy system not extend above the peak of a pitched roof or
beyond the edge of the roof;
new text end

new text begin (3) the owner or installer of a solar energy system indemnify or reimburse the private
entity or the private entity's members for loss or damage caused by the installation,
maintenance, use, repair, or removal of a solar energy system;
new text end

new text begin (4) the owner and each successive owner of a solar energy system list the private entity
as a certificate holder on the homeowner's insurance policy; or
new text end

new text begin (5) the owner and each successive owner of a solar energy system be responsible for
removing the system if reasonably necessary to repair, perform maintenance, or replace
common elements or limited common elements, as defined in section 515B.1-103.
new text end

new text begin (b) A private entity may impose other reasonable restrictions on installing, maintaining,
or using solar energy systems, provided that the restrictions do not (1) decrease the solar
energy system's projected energy generation by more than ten percent; or (2) increase the
solar energy system's cost by more than (i) 20 percent for a solar water heater, or (ii) $1,000
for a solar photovoltaic system, when compared with the solar energy system's energy
generation and the cost of labor and materials as originally proposed without the restrictions,
as certified by the solar energy system's designer or installer. A private entity may obtain
an alternative bid and design from a solar energy system designer or installer for the purposes
of this paragraph.
new text end

new text begin (c) A solar energy system must meet applicable standards and requirements imposed by
the state and by governmental units, as defined in section 462.384.
new text end

new text begin (d) A solar energy system for heating water must be certified by the Solar Rating
Certification Corporation or an equivalent certification agency. A solar energy system for
producing electricity must meet (1) all applicable safety and performance standards
established by the National Electrical Code, the Institute of Electrical and Electronics
Engineers, and accredited testing laboratories, including but not limited to Underwriters
Laboratories; and (2) where applicable, rules of the Public Utilities Commission regarding
safety and reliability.
new text end

new text begin (e) If approval by a private entity is required prior to installing or using a solar energy
system, the application for approval (1) must be processed and approved in the same manner
as an application for approval of an architectural modification to the property, and (2) must
not be willfully avoided or delayed.
new text end

new text begin (f) An application for approval must be made in writing and must contain certification
that the applicant must meet any conditions required by a private entity under subdivision
4. An application must include a copy of the interconnection application submitted to the
applicable electric utility.
new text end

new text begin (g) A private entity must approve or deny an application in writing. If an application is
not denied in writing within 60 days of the date the application was received, the application
is deemed approved unless the delay is the result of a reasonable request for additional
information. If a private entity receives an incomplete application that the private entity
determines prevents a decision to approve or disapprove the application, a new 60-day limit
begins only if the private entity sends, within 15 business days of the date the private entity
receives the incomplete application, a written notice to the applicant informing the applicant
what additional information is required.
new text end