Minnesota Legislature
SF 1853
as introduced - 87th Legislature (2011 - 2012) Posted on 02/16/2012 09:35am
Current Version - as introduced
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A bill for an act
relating to energy; establishing incentive payments for public buildings installing
solar photovoltaic devices; appropriating money; proposing coding for new law
in Minnesota Statutes, chapter 216C.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
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[216C.437] DEFINITIONS.
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new text begin Subdivision 1. new text end
new text begin Scope. new text end
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For the purposes of sections 216C.438 and 216C.439, the
terms defined in this section have the meanings given them.
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new text begin Subd. 2. new text end
new text begin Local government. new text end
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"Local government" means any home rule charter
or statutory city, county, commission, district, authority, or other political subdivision or
instrumentality of this state, including a sanitary district, park district, school district, the
Metropolitan Council, a port authority, an economic development authority, or a housing
and redevelopment authority.
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new text begin Subd. 3. new text end
new text begin Public building. new text end
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"Public building" means a building owned by this state or
a local government used for government activities and located in the electric service area
of the public utility that owns the Prairie Island nuclear generating plant.
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new text begin Subd. 4. new text end
new text begin Solar photovoltaic device. new text end
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"Solar photovoltaic device" has the meaning
given in section 216C.06, subdivision 16, and must meet the requirements of section
216C.25.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 2.
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[216C.438] PUBLIC BUILDINGS SOLAR ACCOUNT.
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new text begin Subdivision 1. new text end
new text begin Establishment of account. new text end
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A public buildings solar account is
established in the special revenue fund. The commissioner of commerce must deposit
revenues in the account as directed in subdivision 2. Money from other sources may
be credited to the account. Any interest earned on the account must be credited to the
account. Money remaining in the account at the end of a biennium does not cancel to the
general fund but remains in the account.
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new text begin Subd. 2. new text end
new text begin Renewable development account; appropriation. new text end
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Beginning January 1,
2013, and each year thereafter, money is appropriated to the commissioner of commerce
from the renewable development account under section 116C.779 for deposit in the
public buildings solar account established under subdivision 1 for the purpose of paying
public buildings solar incentives as specified in section 216C.439. The annual amount
appropriated is equal to $10,900,000 minus the total amount of renewable energy
production incentive payments made under section 216C.41 and Laws 2005, chapter
40, in the previous calendar year.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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Sec. 3.
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[216C.439] PUBLIC BUILDINGS SOLAR INCENTIVE.
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new text begin Subdivision 1. new text end
new text begin Application. new text end
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(a) To be eligible to receive a public buildings solar
incentive payment, an owner of a public building must file an application with the
commissioner of commerce that contains the following information:
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(1) the location and square footage of the public building applying for the incentive;
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(2) the capacity of the solar photovoltaic device to be installed;
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(3) evidence that the public building applying for the incentive meets one of the
following criteria:
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(i) the public building has received financing through the public buildings enhanced
energy efficiency program under section 216C.43 and has completed the investigation
and implementation phases of the project;
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(ii) the calculation of the B3 energy benchmarking tool developed under Laws
2001, chapter 212, article 1, section 3, that measures the public building's actual energy
consumption per square foot divided by benchmark energy consumption per square foot is
equal to 0.75 or less for the most recent calendar year; or
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(iii) for new construction, the public building meets the most recent sustainable
building 2030 energy-efficiency performance standards developed by the Center for
Sustainable Building Research at the University of Minnesota;
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(4) evidence that the public building's solar photovoltaic device is certified by
Underwriters Laboratory, received the ETL listed mark from Intertek, or has an equivalent
certification from an independent testing agency;
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(5) evidence that the public building's solar photovoltaic device was installed
by, or that the installation has been reviewed and approved by, a person certified as a
solar photovoltaic device installer by the North American Board of Certified Energy
Practitioners;
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(6) certification that the electricity generated by the solar photovoltaic device will
not be sold, transmitted, or distributed at retail, nor provided to an off-site facility of
the generator;
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(7) evidence that the solar device is connected to a utility that will purchase
electricity generated in excess of the public building's own consumption, as specified in
section 216B.164;
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(8) certification that the building owner has the technical and financial resources
to operate and maintain the solar photovoltaic device during the period an incentive is
to be paid; and
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(9) any other information the commissioner deems necessary to determine whether
the project qualifies for payment of an incentive under this section.
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(b) The commissioner shall determine whether a project qualifies for payment of an
incentive under this section and respond in writing to the applicant approving or denying
the application within 15 working days of receipt of the information required in paragraph
(a). Applications shall be reviewed in the order in which complete applications are
received.
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new text begin Subd. 2. new text end
new text begin Amount of incentive; duration of incentive. new text end
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(a) Each owner of a public
building whose application is approved by the commissioner under subdivision 1 shall
receive the following incentive payment for each kilowatt of electricity generated by the
solar photovoltaic device:
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(1) for a project with a capacity of less than 30 kilowatts: 27 cents;
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(2) for a project with a capacity between 30 and 99 kilowatts: 25 cents;
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(3) for a project with a capacity between 100 and 999 kilowatts: 24.5 cents; and
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(4) for a project with a capacity of 1,000 kilowatts or more: 23 cents.
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(b) A project that begins production in 2013 will receive the incentive listed in
paragraph (a). A project that begins production after 2013 will receive the incentive
listed in paragraph (a) reduced by seven percent for each year after 2013 that production
begins. A project will continue to receive the same amount of incentive as specified
in this paragraph each year for 20 years.
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(c) The commissioner shall specify the methods and procedures an owner of a
public building receiving an incentive payment under this section must use to measure
and verify the amount of electricity generated annually in order for the commissioner to
determine the amount of the incentive payment.
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(d) No single public building may receive an annual incentive payment greater
than $........
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new text begin Subd. 3. new text end
new text begin Change of ownership. new text end
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If ownership of a public building has been
transferred from the original owner that received the incentive, the new owner must meet
the criteria established under subdivision 1 in order to receive an incentive payment.
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new text begin EFFECTIVE DATE. new text end
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This section is effective the day following final enactment.
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