as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; abolishing department of 1.3 public service and transferring responsibilities; 1.4 amending Minnesota Statutes 1998, sections 169.073; 1.5 181.30; 216A.01; 216A.02, by adding a subdivision; 1.6 216A.07; 216A.085; 216B.241, subdivisions 1, 1a, 1b, 1.7 1c, 2, 2a, and 2b; 216C.01, subdivision 2; 237.082; 1.8 and 237.70, subdivision 7; repealing Minnesota 1.9 Statutes 1998, sections 216A.06; 216B.02, subdivision 1.10 8; 237.30; and 237.69, subdivision 3. 1.11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.12 ARTICLE 1 1.13 PUBLIC SERVICE ABOLISHED 1.14 Section 1. [DEPARTMENT OF PUBLIC SERVICE ABOLISHED; 1.15 RESPONSIBILITIES TRANSFERRED.] 1.16 Subdivision 1. [DEPARTMENT ABOLISHED; RESPONSIBILITIES 1.17 TRANSFERRED.] The department of public service is abolished. 1.18 The responsibilities held by the department are transferred to a 1.19 receiving agency as designated in this article. Except as 1.20 otherwise provided by this article, the responsibilities of the 1.21 department must be transferred under Minnesota Statutes, section 1.22 15.039. For the purposes of this article, "responsibilities" 1.23 means the powers, duties, rights, obligations, rules, court 1.24 actions, contracts, records, property of every description, 1.25 unexpended funds, personnel, and authority imposed by law on the 1.26 department of public service. For the purposes of this article, 1.27 "receiving agency" has the meaning given "new agency" in 1.28 Minnesota Statutes, section 15.039, subdivision 1. 2.1 Subd. 2. [SPECIFIC POSITIONS ABOLISHED.] The following 2.2 positions in the department of public service are not 2.3 transferred to a receiving agency and are specifically abolished: 2.4 (1) commissioner; 2.5 (2) deputy commissioner; 2.6 (3) assistant commissioner; and 2.7 (4) executive assistant. 2.8 Subd. 3. [ATTORNEY GENERAL.] The responsibility for 2.9 intervention as a party in all public utility and 2.10 telecommunications matters before the public utilities 2.11 commission is transferred to the residential utilities division 2.12 of the attorney general's office. 2.13 Subd. 4. [PUBLIC UTILITIES COMMISSION.] (a) The following 2.14 responsibilities are transferred to the public utilities 2.15 commission: 2.16 (1) the intervention office that represents the interests 2.17 of Minnesota residents, businesses, and governments before 2.18 bodies and agencies outside the state that make, interpret, or 2.19 implement national and international energy policy; 2.20 (2) enforcement of Minnesota Statutes, chapters 216A, 216B, 2.21 216C, and 237 and orders of the public utilities commission 2.22 under those chapters; 2.23 (3) conservation improvement; and 2.24 (4) all other responsibilities related to energy 2.25 production, transportation, transmission, consumption, 2.26 conservation, and efficiency. 2.27 (b) The positions and personnel of the department of public 2.28 service related to the responsibilities listed in paragraph (a) 2.29 are transferred to the public utilities commission. 2.30 Subd. 5. [DEPARTMENT OF AGRICULTURE.] The division of 2.31 weights and measures is transferred to the department of 2.32 agriculture. 2.33 Subd. 6. [RULES.] Rules adopted by or transferred to the 2.34 department of public service before the effective date of this 2.35 article become rules of the receiving agency to which the 2.36 appropriate rulemaking authority is transferred by this article. 3.1 ARTICLE 2 3.2 CONFORMING AMENDMENTS 3.3 Section 1. Minnesota Statutes 1998, section 169.073, is 3.4 amended to read: 3.5 169.073 [PROHIBITED LIGHT OR SIGNAL.] 3.6 No person or corporation shall place, maintain or display 3.7 any red light or red sign, signal, or lighting device or 3.8 maintain it in view of any highway or any line of railroad on or 3.9 over which trains are operated in such a way as to interfere 3.10 with the effectiveness or efficiency of any highway 3.11 traffic-control device or signals or devices used in the 3.12 operation of a railroad. Upon written notice from the 3.13 commissioner of transportation, a person or corporation 3.14 maintaining or owning or displaying a prohibited light shall 3.15 promptly remove it, or change the color of it to some other 3.16 color than red. Where a prohibited light or sign interferes 3.17 with the effectiveness or efficiency of the signals or devices 3.18 used in the operation of a railroad, the department ofpublic3.19servicetransportation may cause the removal of it and the 3.20 department may issue notices and orders for its removal. The 3.21 department shall proceed as provided in sections 216.13, 216.14, 3.22 216.15, 216.16, and 216.17, with a right of appeal to the 3.23 aggrieved party in accordance with chapter 14. 3.24 No person or corporation shall maintain or display any 3.25 light after written notice from the commissioner of 3.26 transportationor the department of public servicethat the 3.27 light constitutes a traffic hazard and that it has ordered the 3.28 removal thereof. 3.29 Sec. 2. Minnesota Statutes 1998, section 181.30, is 3.30 amended to read: 3.31 181.30 [DUTY OF DEPARTMENT OFPUBLIC SERVICELABOR AND 3.32 INDUSTRY.] 3.33 Any officer of any railroad company in the state violating 3.34 any of the provisions of section 181.29 shall be guilty of a 3.35 misdemeanor; and, upon conviction, punished by a fine of not 3.36 less than $100, and not more than $700, for each offense, or by 4.1 imprisonment in the county jail not more than 60 days, or both 4.2 fine and imprisonment, at the discretion of the court. It shall 4.3 be the duty of the state department ofpublic servicelabor and 4.4 industry, upon complaint properly filed with it alleging a 4.5 violation of section 181.29, to make a full investigation in 4.6 relation thereto, and for such purpose it shall have the power 4.7 to administer oaths, interrogate witnesses, take testimony and 4.8 require the production of books and papers, and if such report 4.9 shall show a violation of the provisions of section 181.29, the 4.10 department ofpublic servicelabor and industry shall, through 4.11 the attorney general, begin the prosecution of all parties 4.12 against whom evidence of such violation is found; but section 4.13 181.29 shall not be construed to prevent any other person from 4.14 beginning prosecution for the violation of the provisions 4.15 thereof. 4.16 Sec. 3. Minnesota Statutes 1998, section 216A.01, is 4.17 amended to read: 4.18 216A.01 [ESTABLISHMENT OFDEPARTMENT ANDPUBLIC UTILITIES 4.19 COMMISSION.] 4.20 Thereareis hereby created and establishedthe department4.21of public service, andthe public utilities commission.The4.22department of public service shall have and possess all of the4.23rights and powers and perform all of the duties vested in it by4.24this chapter.The public utilities commission shall have and 4.25 possess all of the rights and powers and perform all of the 4.26 duties vested in it by this chapter, and those formerly vested4.27by law in the railroad and warehouse commission. 4.28 Sec. 4. Minnesota Statutes 1998, section 216A.02, is 4.29 amended by adding a subdivision to read: 4.30 Subd. 5. [CHAIR.] "Chair" means the administrative and 4.31 executive head of the public utilities commission. 4.32 Sec. 5. Minnesota Statutes 1998, section 216A.07, is 4.33 amended to read: 4.34 216A.07 [COMMISSIONERCHAIR POWERS AND DUTIES.] 4.35 Subdivision 1. [ADMINISTRATIVE DUTIES.] Thecommissioner4.36 chair of the public utilities commission shall be the executive 5.1 and administrative head of the publicservice department5.2 utilities commission and shall have and possess all the rights 5.3 and powers and perform all the duties relating to the 5.4 administrative function of thedepartmentcommission as set 5.5 forth in this chapter. Thecommissionerchair may: 5.6 (1) prepare all forms or blanks for the purpose of 5.7 obtaining information which thecommissionerchair may deem 5.8 necessary or useful in the proper exercise of the authority and 5.9 duties of the commissioner in connection with regulated 5.10 businesses; 5.11 (2) prescribe the time and manner within which forms or 5.12 blanks shall be filed with the department; 5.13 (3) inspect at all reasonable times, and copy the books, 5.14 records, memoranda and correspondence or other documents and 5.15 records of any person relating to any regulated business; and 5.16 (4) cause the deposition to be taken of any person 5.17 concerning the business and affairs of any business regulated by 5.18 thedepartmentcommission. Information sought through said 5.19 deposition shall be for a lawfully authorized purpose and shall 5.20 be relevant and material to the investigation or hearing before 5.21 the commission. Information obtained from said deposition shall 5.22 be used by thedepartmentcommission only for a lawfully 5.23 authorized purpose and pursuant to powers and responsibilities 5.24 conferred upon thedepartmentcommission. Said deposition is to 5.25 be taken in the manner prescribed by law for taking depositions 5.26 in civil actions in the district court. 5.27 Subd. 2. [ENFORCEMENT.] Thecommissionerchair is 5.28 responsible for the enforcement of chapters 216A, 216B and 237 5.29 and the orders of the commission issued pursuant to those 5.30 chapters. 5.31 Subd. 3. [INTERVENTION IN COMMISSION PROCEEDING.] The 5.32commissionerchair may intervene as a party in all proceedings 5.33 before the commission. When intervening in gas or electric 5.34 hearings, thecommissionerchair shall prepare and defend 5.35 testimony designed to encourage energy conservation improvements 5.36 as defined in section 216B.241. The attorney general shall act 6.1 as counsel in the proceedings. 6.2 Subd. 4. [INVESTIGATION.] Thecommissionerchair may, on 6.3 thecommissioner'schair's own initiative, investigate any 6.4 matter subject to the jurisdiction of thedepartment or6.5 commission. 6.6 Subd. 5. [RULEMAKING.] Thecommissionerchair shall make 6.7 substantive and procedural rules to implement the provisions of 6.8 this chapter and chapters 216B and 237. Rules adopted under 6.9 this authority shall be promulgated pursuant to the 6.10 Administrative Procedure Act and shall have the force and effect 6.11 of law. 6.12 Subd. 6. [MISSION; EFFICIENCY; LEGISLATIVE REPORT, 6.13 RECOMMENDATIONS.] It is part of thedepartment'scommission's 6.14 mission that within thedepartment'scommission's resources the 6.15commissionerchair shall endeavor to: 6.16 (1) prevent the waste or unnecessary spending of public 6.17 money; 6.18 (2) use innovative fiscal and human resource practices to 6.19 manage the state's resources and operate thedepartment6.20 commission as efficiently as possible; 6.21 (3) coordinate thedepartment'scommission's activities 6.22 wherever appropriate with the activities of other governmental 6.23 agencies; 6.24 (4) use technology where appropriate to increase agency 6.25 productivity, improve customer service, increase public access 6.26 to information about government, and increase public 6.27 participation in the business of government; 6.28 (5) utilize constructive and cooperative labor-management 6.29 practices to the extent otherwise required by chapters 43A and 6.30 179A; 6.31 (6) report to the legislature on the performance of agency 6.32 operations and the accomplishment of agency goals in the 6.33 agency's biennial budget according to section 16A.10, 6.34 subdivision 1; and 6.35 (7) recommend to the legislature appropriate changes in law 6.36 necessary to carry out the mission and improve the performance 7.1 of thedepartmentcommission. 7.2 Sec. 6. Minnesota Statutes 1998, section 216A.085, is 7.3 amended to read: 7.4 216A.085 [ENERGY ISSUES INTERVENTION OFFICE.] 7.5 Subdivision 1. [CREATION.] There is created within the 7.6department of public servicepublic utilities commission an 7.7 intervention office to represent the interests of Minnesota 7.8 residents, businesses, and governments before bodies and 7.9 agencies outside the state that make, interpret, or implement 7.10 national and international energy policy. 7.11 Subd. 2. [DUTIES.] The intervention office shall determine 7.12 those areas in which state intervention is most needed, most 7.13 likely to have a positive impact, and most effective for the 7.14 broad public interest of the state. The office shall seek 7.15 recommendations from appropriate public and private sources 7.16 before deciding which cases merit intervention. 7.17 Subd. 3. [STAFFING.] The intervention office shall be 7.18 under the control and supervision of thecommissionerchair of 7.19 thedepartment of public servicepublic utilities commission. 7.20 Thecommissionerchair may hire staff or contract for outside 7.21 services as needed to carry out the purposes of this section. 7.22 The attorney general shall act as counsel in all intervention 7.23 proceedings. 7.24 Sec. 7. Minnesota Statutes 1998, section 216B.241, 7.25 subdivision 1, is amended to read: 7.26 Subdivision 1. [DEFINITIONS.] For purposes of this 7.27 section, the terms defined in this subdivision have the meanings 7.28 given them. 7.29 (a) "Commission" means the public utilities commission. 7.30 (b)"Commissioner" means the commissioner of public service.7.31(c) "Department" means the department of public service.7.32(d)"Energy conservation improvement" means the purchase or 7.33 installation of a device, method, or material that reduces 7.34 consumption of or increases efficiency in the use of electricity 7.35 or natural gas, including, but not limited to: 7.36 (1) insulation and ventilation; 8.1 (2) storm or thermal doors or windows; 8.2 (3) caulking and weatherstripping; 8.3 (4) furnace efficiency modifications; 8.4 (5) thermostat or lighting controls; 8.5 (6) awnings; or 8.6 (7) systems to turn off or vary the delivery of energy. 8.7 The term "energy conservation improvement" includes a device or 8.8 method that creates, converts, or actively uses energy from 8.9 renewable sources such as solar, wind, and biomass, provided 8.10 that the device or method conforms with national or state 8.11 performance and quality standards whenever applicable. 8.12(e)(c) "Investments and expenses of a public utility" 8.13 includes the investments and expenses incurred by a public 8.14 utility in connection with an energy conservation improvement 8.15 including, but not limited to: 8.16 (1) the differential in interest cost between the market 8.17 rate and the rate charged on a no interest or below market 8.18 interest loan made by a public utility to a customer for the 8.19 purchase or installation of an energy conservation improvement; 8.20 (2) the difference between the utility's cost of purchase 8.21 or installation of energy conservation improvements and any 8.22 price charged by a public utility to a customer for such 8.23 improvements. 8.24 Sec. 8. Minnesota Statutes 1998, section 216B.241, 8.25 subdivision 1a, is amended to read: 8.26 Subd. 1a. [INVESTMENT, EXPENDITURE, AND CONTRIBUTION; 8.27 REGULATED UTILITIES.] (a) For purposes of this subdivision and 8.28 subdivision 2, "public utility" has the meaning given it in 8.29 section 216B.02, subdivision 4. Each public utility shall spend 8.30 and invest for energy conservation improvements under this 8.31 subdivision and subdivision 2 the following amounts: 8.32 (1) for a utility that furnishes gas service, .5 percent of 8.33 its gross operating revenues from service provided in the state; 8.34 (2) for a utility that furnishes electric service, 1.5 8.35 percent of its gross operating revenues from service provided in 8.36 the state; and 9.1 (3) for a utility that furnishes electric service and that 9.2 operates a nuclear-powered electric generating plant within the 9.3 state, two percent of its gross operating revenues from service 9.4 provided in the state. 9.5 (b) Thecommissionercommission may require investments or 9.6 spending greater than the amounts required under this 9.7 subdivision for a public utility whose most recent advance 9.8 forecast required under section 216B.2422 or 216C.17 projects a 9.9 peak demand deficit of 100 megawatts or greater within five 9.10 years under mid-range forecast assumptions. A public utility 9.11 may appeal a decision of thecommissionercommission under this 9.12 paragraphto the commission under subdivision 2. In reviewing a9.13decision of the commissioner under this paragraph, the9.14commission shall rescind the decision if it finds that the9.15required investments or spending will:9.16(1) not result in cost-effective programs; or9.17(2) otherwise not be in the public interestpursuant to 9.18 section 216B.52. 9.19 (c) Each utility shall determine what portion of the amount 9.20 it sets aside for conservation improvement will be used for 9.21 conservation improvements under subdivision 2 and what portion 9.22 it will contribute to the energy and conservation account 9.23 established in subdivision 2a. Contributions must be remitted 9.24 to the commissioner ofpublic servicethe public utilities 9.25 commission by February 1 of each year. Nothing in this 9.26 subdivision prohibits a public utility from spending or 9.27 investing for energy conservation improvement more than required 9.28 in this subdivision. 9.29 Sec. 9. Minnesota Statutes 1998, section 216B.241, 9.30 subdivision 1b, is amended to read: 9.31 Subd. 1b. [CONSERVATION IMPROVEMENTS; COOPERATIVES; 9.32 MUNICIPALITIES.] (a) This subdivision applies to: 9.33 (1) a cooperative electric association that generates and 9.34 transmits electricity to associations that provide electricity 9.35 at retail including a cooperative electric association not 9.36 located in this state that serves associations or others in the 10.1 state; 10.2 (2) a municipality that provides electric service to retail 10.3 customers; and 10.4 (3) a municipality with gross operating revenues in excess 10.5 of $5,000,000 from sales of natural gas to retail customers. 10.6 (b) Each cooperative electric association and municipality 10.7 subject to this subdivision shall spend and invest for energy 10.8 conservation improvements under this subdivision the following 10.9 amounts: 10.10 (1) for a municipality, .5 percent of its gross operating 10.11 revenues from the sale of gas and one percent of its gross 10.12 operating revenues from the sale of electricity not purchased 10.13 from a public utility governed by subdivision 1a or a 10.14 cooperative electric association governed by this subdivision; 10.15 and 10.16 (2) for a cooperative electric association, 1.5 percent of 10.17 its gross operating revenues from service provided in the state. 10.18 (c) Each municipality and cooperative association subject 10.19 to this subdivision shall identify and implement energy 10.20 conservation improvement spending and investments that are 10.21 appropriate for the municipality or association. Load 10.22 management may be used to meet the requirements of this 10.23 subdivision if it reduces the demand for or increases the 10.24 efficiency of electric services. A generation and transmission 10.25 cooperative electric association may include as spending and 10.26 investment required under this subdivision conservation 10.27 improvement spending and investment by cooperative electric 10.28 associations that provide electric service at retail to 10.29 consumers and that are served by the generation and transmission 10.30 association. By February 1 of each year, each municipality or 10.31 cooperative shall report to thecommissionercommission its 10.32 energy conservation improvement spending and investments with a 10.33 brief analysis of effectiveness in reducing consumption of 10.34 electricity or gas. Thecommissionercommission shall review 10.35 each report and make recommendations, where appropriate, to the 10.36 municipality or association to increase the effectiveness of 11.1 conservation improvement activities. Thecommissioner11.2 commission shall also review each report for whether a portion 11.3 of the money spent on residential conservation improvement 11.4 programs is devoted to programs that directly address the needs 11.5 of renters and low-income persons unless an insufficient number 11.6 of appropriate programs are available. For the purposes of this 11.7 subdivision and subdivision 2, "low-income" means an income of 11.8 less than 185 percent of the federal poverty level. 11.9 (d) As part of its spending for conservation improvement, a 11.10 municipality or association may contribute to the energy and 11.11 conservation account. Any amount contributed must be remitted 11.12 to thecommissioner of public servicepublic utilities 11.13 commission by February 1 of each year. 11.14 Sec. 10. Minnesota Statutes 1998, section 216B.241, 11.15 subdivision 1c, is amended to read: 11.16 Subd. 1c. [ENERGY-SAVING GOALS.] Thecommissioner11.17 commission shall establish energy-saving goals for energy 11.18 conservation improvement expenditures and shall evaluate an 11.19 energy conservation improvement program on how well it meets the 11.20 goals set. 11.21 Sec. 11. Minnesota Statutes 1998, section 216B.241, 11.22 subdivision 2, is amended to read: 11.23 Subd. 2. [PROGRAMS.] Thecommissionercommission may by 11.24 rule require public utilities to make investments and 11.25 expenditures in energy conservation improvements, explicitly 11.26 setting forth the interest rates, prices, and terms under which 11.27 the improvements must be offered to the customers. The required 11.28 programs must cover a two-year period. Thecommissioner11.29 commission shall require at least one public utility to 11.30 establish a pilot program to make investments in and 11.31 expenditures for energy from renewable resources such as solar, 11.32 wind, or biomass and shall give special consideration and 11.33 encouragement to programs that bring about significant net 11.34 savings through the use of energy-efficient lighting. 11.35 Thecommissionercommission shall evaluate the program on the 11.36 basis of cost-effectiveness and the reliability of technologies 12.1 employed. The rules of the department must provide to the 12.2 extent practicable for a free choice, by consumers participating 12.3 in the program, of the device, method, or material constituting 12.4 the energy conservation improvement and for a free choice of the 12.5 seller, installer, or contractor of the energy conservation 12.6 improvement, provided that the device, method, material, seller, 12.7 installer, or contractor is duly licensed, certified, approved, 12.8 or qualified, including under the residential conservation 12.9 services program, where applicable. Thecommissionercommission 12.10 may require a utility to make an energy conservation improvement 12.11 investment or expenditure whenever thecommissionercommission 12.12 finds that the improvement will result in energy savings at a 12.13 total cost to the utility less than the cost to the utility to 12.14 produce or purchase an equivalent amount of new supply of 12.15 energy. Thecommissionercommission shall nevertheless ensure 12.16 that every public utility operate one or more programs under its 12.17 periodic reviewby the department. Load management may be used 12.18 to meet the requirements for energy conservation improvements 12.19 under this section if it results in a demonstrable reduction in 12.20 consumption of energy. Thecommissionercommission shall 12.21 consider and may require a utility to undertake a program 12.22 suggested by an outside source, including a political 12.23 subdivision or a nonprofit or community organization. No 12.24 utility may make an energy conservation improvement under this 12.25 section to a building envelope unless: 12.26 (1) it is the primary supplier of energy used for either 12.27 space heating or cooling in the building; 12.28 (2) thecommissionercommission determines that special 12.29 circumstances, which would unduly restrict the availability of 12.30 conservation programs, warrant otherwise; or 12.31 (3) the utility has been awarded a contract under 12.32 subdivision 2a. 12.33 Thecommissionercommission shall ensure that a portion of 12.34 the money spent on residential conservation improvement programs 12.35 is devoted to programs that directly address the needs of 12.36 renters and low-income persons unless an insufficient number of 13.1 appropriate programs are available. 13.2 A utility, a political subdivision, or a nonprofit or 13.3 community organization that has suggested a program, the 13.4 attorney general acting on behalf of consumers and small 13.5 business interests, or a utility customer that has suggested a 13.6 program and is not represented by the attorney general under 13.7 section 8.33 may petition the commission tomodifyreconsider or 13.8 revoke adepartmentdecision under this section, and the 13.9 commission may do so if it determines that the program is not 13.10 cost-effective, does not adequately address the residential 13.11 conservation improvement needs of low-income persons, has a 13.12 long-range negative effect on one or more classes of customers, 13.13 or is otherwise not in the public interest. The person 13.14 petitioning for commission review has the burden of proof. The 13.15 commission shall reject a petition that, on its face, fails to 13.16 make a reasonable argument that a program is not in the public 13.17 interest. 13.18 Sec. 12. Minnesota Statutes 1998, section 216B.241, 13.19 subdivision 2a, is amended to read: 13.20 Subd. 2a. [ENERGY AND CONSERVATION ACCOUNT.] The 13.21commissionercommission must deposit money contributed under 13.22 subdivisions 1a and 1b in the energy and conservation account in 13.23 the general fund. Money in the account is appropriated to the 13.24 department for programs designed to meet the energy conservation 13.25 needs of low-income persons and to make energy conservation 13.26 improvements in areas not adequately served under subdivision 13.27 2. Interest on money in the account accrues to the account. 13.28 Using information collected under section 216C.02, subdivision 13.29 1, paragraph (b), thecommissionercommission must, to the 13.30 extent possible, allocate enough money to programs for 13.31 low-income persons to assure that their needs are being 13.32 adequately addressed. Thecommissionercommission must request 13.33 the commissioner of finance to transfer money from the account 13.34 to the commissioner of children, families, and learning for an 13.35 energy conservation program for low-income persons. In 13.36 establishing programs, thecommissionercommission must consult 14.1 political subdivisions and nonprofit and community 14.2 organizations, especially organizations engaged in providing 14.3 energy and weatherization assistance to low-income persons. At 14.4 least one program must address the need for energy conservation 14.5 improvements in areas in which a high percentage of residents 14.6 use fuel oil or propane to fuel their source of home heating. 14.7 Thecommissionercommission may contract with a political 14.8 subdivision, a nonprofit or community organization, a public 14.9 utility, a municipality, or a cooperative electric association 14.10 to implement its programs. 14.11 Sec. 13. Minnesota Statutes 1998, section 216B.241, 14.12 subdivision 2b, is amended to read: 14.13 Subd. 2b. [RECOVERY OF EXPENSES FOR FEES, TAXES, PERMITS.] 14.14 The commission shall allow a utility to recover expenses 14.15 resulting from a conservation improvement programrequired by14.16the departmentand contributions to the energy and conservation 14.17 account, unless the recovery would be inconsistent with a 14.18 financial incentive proposal approved by the commission. In 14.19 addition, a utility may file annually, or the public utilities 14.20 commission may require the utility to file, and the commission 14.21 may approve, rate schedules containing provisions for the 14.22 automatic adjustment of charges for utility service in direct 14.23 relation to changes in the expenses of the utility for real and 14.24 personal property taxes, fees, and permits, the amounts of which 14.25 the utility cannot control. A public utility is eligible to 14.26 file for adjustment for real and personal property taxes, fees, 14.27 and permits under this subdivision only if, in the year previous 14.28 to the year in which it files for adjustment, it has spent or 14.29 invested at least 1.75 percent of its gross revenues from 14.30 provision of electric service and .6 percent of its gross 14.31 revenues from provision of gas service for that year for energy 14.32 conservation improvements under this section. 14.33 Sec. 14. Minnesota Statutes 1998, section 216C.01, 14.34 subdivision 2, is amended to read: 14.35 Subd. 2. [COMMISSIONER14.36 COMMISSION.]"Commissioner""Commission" means thecommissioner15.1of the department of public servicepublic utilities commission. 15.2 Sec. 15. Minnesota Statutes 1998, section 237.082, is 15.3 amended to read: 15.4 237.082 [TELECOMMUNICATION SERVICE; POLICY OF INCREASED 15.5 SPEED AND SERVICE.] 15.6 When setting rates, adopting rules, or issuing orders 15.7 related to telecommunication matters that affect deployment of 15.8 the infrastructure, the commissionmayshall apply the goals of: 15.9 (1) achieving economically efficient investment in: 15.10 (i) higher speed telecommunication services; and 15.11 (ii) greater capacity for voice, video, and data 15.12 transmission; and 15.13 (2) just and reasonable rates. 15.14The department of public service may apply the same goals15.15in its regulation of and recommendations regarding15.16telecommunication services.15.17 Sec. 16. Minnesota Statutes 1998, section 237.70, 15.18 subdivision 7, is amended to read: 15.19 Subd. 7. [ADMINISTRATION.] The telephone assistance plan 15.20 must be administered jointly by the commission, the department 15.21 of human services, and the telephone companies in accordance 15.22 with the following guidelines: 15.23 (a) The commission and the department of human services 15.24 shall develop an application form that must be completed by the 15.25 subscriber for the purpose of certifying eligibility for 15.26 telephone assistance plan credits to the department of human 15.27 services. The application must contain the applicant's social 15.28 security number. Applicants who refuse to provide a social 15.29 security number will be denied telephone assistance plan 15.30 credits. The application form must include provisions for the 15.31 applicant to show the name of the applicant's telephone 15.32 company. The application must also advise the applicant to 15.33 submit the required proof of age or disability, and income and 15.34 must provide examples of acceptable proof. The application must 15.35 state that failure to submit proof with the application will 15.36 result in the applicant being found ineligible. Each telephone 16.1 company shall annually mail a notice of the availability of the 16.2 telephone assistance plan to each residential subscriber in a 16.3 regular billing and shall mail the application form to customers 16.4 when requested. 16.5 The notice must state the following: 16.6 YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE 16.7 BILL IF YOU ARE 65 YEARS OF AGE OR OLDER OR ARE DISABLED AND IF 16.8 YOU MEET CERTAIN HOUSEHOLD INCOME LIMITS. FOR MORE INFORMATION 16.9 OR AN APPLICATION FORM PLEASE CONTACT ......... 16.10 (b) The department of human services shall determine the 16.11 eligibility for telephone assistance plan credits at least 16.12 annually according to the criteria contained in subdivision 4a. 16.13 (c) An application may be made by the subscriber, the 16.14 subscriber's spouse, or a person authorized by the subscriber to 16.15 act on the subscriber's behalf. On completing the application 16.16 certifying that the statutory criteria for eligibility are 16.17 satisfied, the applicant must return the application to an 16.18 office of the department of human services specially designated 16.19 to process telephone assistance plan applications. On receiving 16.20 a completed application from an applicant, the department of 16.21 human services shall determine the applicant's eligibility or 16.22 ineligibility within 120 days. If the department fails to do 16.23 so, it shall within three working days provide written notice to 16.24 the applicant's telephone company that the company shall provide 16.25 telephone assistance plan credits against monthly charges in the 16.26 earliest possible month following receipt of the written 16.27 notice. The applicant must receive telephone assistance plan 16.28 credits until the earliest possible month following the 16.29 company's receipt of notice from the department that the 16.30 applicant is ineligible. 16.31 If the department of human services determines that an 16.32 applicant is not eligible to receive telephone assistance plan 16.33 credits, it shall notify the applicant within ten working days 16.34 of that determination. 16.35 Within ten working days of determining that an applicant is 16.36 eligible to receive telephone assistance plan credits, the 17.1 department of human services shall provide written notification 17.2 to the telephone company that serves the applicant. The notice 17.3 must include the applicant's name, address, and telephone number. 17.4 Each telephone company shall provide telephone assistance 17.5 plan credits against monthly charges in the earliest possible 17.6 month following receipt of notice from the department of human 17.7 services. 17.8 By December 31 of each year, the department of human 17.9 services shall redetermine eligibility of each person receiving 17.10 telephone assistance plan credits, as required in paragraph (b). 17.11 The department of human services shall submit an annual report 17.12 to the commission by January 15 of each year showing that the 17.13 department has determined the eligibility for telephone 17.14 assistance plan credits of each person receiving the credits or 17.15 explaining why the determination has not been made and showing 17.16 how and when the determination will be completed. 17.17 If the department of human services determines that a 17.18 current recipient of telephone assistance plan credits is not 17.19 eligible to receive the credits, it shall notify, in writing, 17.20 the recipient within ten working days and the telephone company 17.21 serving the recipient within 20 working days of the 17.22 determination. The notice must include the recipient's name, 17.23 address, and telephone number. 17.24 Each telephone company shall remove telephone assistance 17.25 plan credits against monthly charges in the earliest possible 17.26 month following receipt of notice from the department of human 17.27 services. 17.28 Each telephone company that disconnects a subscriber 17.29 receiving the telephone assistance plan credit shall report the 17.30 disconnection to the department of human services. The reports 17.31 must be submitted monthly, identifying the subscribers 17.32 disconnected. Telephone companies that do not disconnect a 17.33 subscriber receiving the telephone assistance plan credit are 17.34 not required to report. 17.35 If the telephone assistance plan credit is not itemized on 17.36 the subscriber's monthly charges bill for local telephone 18.1 service, the telephone company must notify the subscriber of the 18.2 approval for the telephone assistance plan credit. 18.3 (d) The commission shall serve as the coordinator of the 18.4 telephone assistance plan and be reimbursed for its 18.5 administrative expenses from the surcharge revenue pool. As the 18.6 coordinator, the commission shall: 18.7 (1) establish a uniform statewide surcharge in accordance 18.8 with subdivision 6; 18.9 (2) establish a uniform statewide level of telephone 18.10 assistance plan credit that each telephone company shall extend 18.11 to each eligible household in its service area; 18.12 (3) require each telephone company to account to the 18.13 commission on a periodic basis for surcharge revenues collected 18.14 by the company, expenses incurred by the company, not to include 18.15 expenses of collecting surcharges, and credits extended by the 18.16 company under the telephone assistance plan; 18.17 (4) require each telephone company to remit surcharge 18.18 revenues to the department of administration for deposit in the 18.19 fund; and 18.20 (5) remit to each telephone company from the surcharge 18.21 revenue pool the amount necessary to compensate the company for 18.22 expenses, not including expenses of collecting the surcharges, 18.23 and telephone assistance plan credits. When it appears that the 18.24 revenue generated by the maximum surcharge permitted under 18.25 subdivision 6 will be inadequate to fund any particular 18.26 established level of telephone assistance plan credits, the 18.27 commission shall reduce the credits to a level that can be 18.28 adequately funded by the maximum surcharge. Similarly, the 18.29 commission may increase the level of the telephone assistance 18.30 plan credit that is available or reduce the surcharge to a level 18.31 and for a period of time that will prevent an unreasonable 18.32 overcollection of surcharge revenues. 18.33 (e) Each telephone company shall maintain adequate records 18.34 of surcharge revenues, expenses, and credits related to the 18.35 telephone assistance plan and shall, as part of its annual 18.36 report or separately, provide the commissionand the department19.1of public servicewith a financial report of its experience 19.2 under the telephone assistance plan for the previous year. That 19.3 report must also be adequate to satisfy the reporting 19.4 requirements of the federal matching plan. 19.5 (f) Thedepartment of public serviceattorney general shall 19.6 investigate complaints against telephone companies with regard 19.7 to the telephone assistance plan and shall report the results of 19.8 its investigation to the commission. 19.9 Sec. 17. [INSTRUCTION TO REVISOR.] 19.10 The revisor of statutes, in the next and subsequent 19.11 editions of Minnesota Statutes and Minnesota Rules, shall make 19.12 the changes in paragraphs (a) to (e), and shall also make any 19.13 stylistic and conforming changes necessary to incorporate the 19.14 following changes: 19.15 (a) Change the term "commissioner of public service" and 19.16 all related terms that refer to the commissioner of public 19.17 service to "public utilities commission" wherever it appears in 19.18 Minnesota Statutes, sections 13.68; 13.99; 16B.76; 103F.325, 19.19 subdivision 2; 116C.03; 123B.65; 174.03; 272.0211; and 446A.21. 19.20 (b) Change the term "department of public service" and all 19.21 related terms that refer to the department of public service to 19.22 "public utilities commission" wherever it appears in Minnesota 19.23 Statutes, sections 13.692; 16B.32; 16B.335, subdivision 4; 19.24 116O.06; 123B.65; 161.45; 216A.035; 216B.62; 216B.65; 216C.01, 19.25 subdivision 3; 237.05, subdivision 2; 237.075; 237.295; 237.51; 19.26 237.52; 237.54; 237.55; 237.768; 308A.210; and 469.164. 19.27 (c) Change the term "department of public service" to 19.28 "department of agriculture" wherever it appears in Minnesota 19.29 Statutes, sections 17A.04; 17A.10; 93.38; 239.01; 239.05, 19.30 subdivisions 6c, 7a, and 8; 325E.11; 325E.115; and 325F.733. 19.31 (d) Strike the term "department of public service" and all 19.32 related terms that refer to the department of public service 19.33 wherever it appears in Minnesota Statutes, sections 15.01; 19.34 17.86, subdivision 3; 216B.02; 216B.16, subdivision 2; 216B.162, 19.35 subdivision 7; 216B.1675, subdivision 9; 216B.64; 237.02; 19.36 237.59, subdivision 2; 237.662, subdivision 3; and 326.243. 20.1 (e) Strike the term "commissioner of public service" and 20.2 all related terms that refer to the commissioner of public 20.3 service wherever it appears in Minnesota Statutes, sections 20.4 15A.0815; 16B.56; 17.86, subdivision 3; 18.024; 115A.15; 20.5 216A.036; and 216C.37. 20.6 Sec. 18. [REPEALER.] 20.7 Minnesota Statutes 1998, sections 216A.06; 216B.02, 20.8 subdivision 8; 237.30; and 237.69, subdivision 3, are repealed. 20.9 Sec. 19. [EFFECTIVE DATE.] 20.10 This article is effective June 30, 1999.