SF 2069

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to energy; allowing certain counties and Metropolitan Council to form
a renewable energy agency with the powers of a municipal power agency;
including new agency as arm of state for handling of claims; amending
Minnesota Statutes 2006, section 3.732, subdivision 1; proposing coding for new
law in Minnesota Statutes, chapter 453.

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

Section 1.

Minnesota Statutes 2006, section 3.732, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

As used in this section and section 3.736 the terms
defined in this section have the meanings given them.

(1) "State" includes each of the departments, boards, agencies, commissions, courts,
and officers in the executive, legislative, and judicial branches of the state of Minnesota
and includes but is not limited to the Housing Finance Agency, the Minnesota Office of
Higher Education, the Higher Education Facilities Authority, the Health Technology
Advisory Committee, the Armory Building Commission, the Zoological Board, the
Iron Range Resources and Rehabilitation Board, the State Agricultural Society, new text begin the
Renewable Energy Agency, new text end the University of Minnesota, the Minnesota State Colleges
and Universities, state hospitals, and state penal institutions. It does not include a city,
town, county, school district, or other local governmental body corporate and politic.

(2) "Employee of the state" means all present or former officers, members, directors,
or employees of the state, members of the Minnesota National Guard, members of a
bomb disposal unit approved by the commissioner of public safety and employed by a
municipality defined in section 466.01 when engaged in the disposal or neutralization of
bombs or other similar hazardous explosives, as defined in section 299C.063, outside the
jurisdiction of the municipality but within the state, or persons acting on behalf of the
state in an official capacity, temporarily or permanently, with or without compensation.
It does not include either an independent contractor or members of the Minnesota
National Guard while engaged in training or duty under United States Code, title 10, or
title 32, section 316, 502, 503, 504, or 505, as amended through December 31, 1983.
Notwithstanding sections 43A.02 and 611.263, for purposes of this section and section
3.736 only, "employee of the state" includes a district public defender or assistant district
public defender in the Second or Fourth Judicial District and a member of the Health
Technology Advisory Committee.

(3) "Scope of office or employment" means that the employee was acting on behalf
of the state in the performance of duties or tasks lawfully assigned by competent authority.

(4) "Judicial branch" has the meaning given in section 43A.02, subdivision 25.

Sec. 2.

new text begin [453.615] RENEWABLE ENERGY AGENCY.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin (a) Any county belonging to the Metropolitan
Counties Energy Task Force or the Rural Minnesota Energy Board, or their successors,
may form a Renewable Energy Agency by the execution of an agency agreement. The
Metropolitan Council may also be a member of the Renewable Energy Agency.
new text end

new text begin (b) The agency agreement in paragraph (a) must state that:
new text end

new text begin (1) the name of the agency is the Renewable Energy Agency;
new text end

new text begin (2) the Renewable Energy Agency is created as an agency of the state to exercise a
part of the sovereign powers of the state;
new text end

new text begin (3) the state of Minnesota, the Metropolitan Council, and the counties in the
membership of the Renewable Energy Agency are not liable for the agency's obligations;
new text end

new text begin (4) the agency agreement has been approved by each member in the Renewable
Energy Agency;
new text end

new text begin (5) the initial membership is not exclusive and that other counties may later join the
Renewable Energy Agency as long as those counties are also members of the Metropolitan
Counties Energy Task Force or the Rural Minnesota Energy Board; and
new text end

new text begin (6) the Renewable Energy Agency is a state agency for purposes of tort liability in
accordance with sections 3.732 and 3.736.
new text end

new text begin (c) The agency agreement in paragraph (b) must list:
new text end

new text begin (1) the names of all counties that have approved the agency agreement and are the
initial members of the Renewable Energy Agency;
new text end

new text begin (2) the names and addresses of the persons initially appointed by the resolutions
approving the agreement to act as a representative of the members;
new text end

new text begin (3) the names of the five or more members of the initial board of directors who are
representatives of the respective counties or the Metropolitan Council and are selected by
majority vote;
new text end

new text begin (4) the limitations, if any, on the terms of the representative for each respective
county and the Metropolitan Council;
new text end

new text begin (5) the location of the registered office of the Renewable Energy Agency; and
new text end

new text begin (6) any other provision for the regulation of business of the Renewable Energy
Agency.
new text end

new text begin Subd. 2. new text end

new text begin Powers. new text end

new text begin The Renewable Energy Agency shall have the power to plan,
acquire, construct, operate, maintain, repair, extend, or improve a project, as defined in
section 453.52, subdivision 10; to issue bonds in accordance with section 453.55 and to
exercise all of the other powers and authorities set forth in sections 453.51 to 453.62 for
municipal power agencies, except that the authority of the Renewable Energy Agency to
generate energy shall be limited to renewable energy as defined in section 216B.1691,
subdivision 1, paragraph (a), clause (1).
new text end

new text begin Subd. 3. new text end

new text begin Duties and obligations. new text end

new text begin The Renewable Energy Agency and its individual
representatives and directors shall comply with all duties and obligations imposed by
sections 453.51 to 453.61 and pertaining to municipal power agencies.
new text end

new text begin Subd. 4. new text end

new text begin Limitation of liability. new text end

new text begin A governmental unit participating in the
Renewable Energy Agency is not liable for the acts or omissions of another governmental
unit participating in the Renewable Energy Agency unless the participating governmental
unit has agreed in writing to be responsible for the acts or omissions of another
participating governmental unit.
new text end