1st Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to energy; requiring an investigation into 1.3 criteria used to evaluate certain power acquisition 1.4 request for proposals. 1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6 Section 1. [DEFINITIONS.] 1.7 Subdivision 1. [SCOPE.] The terms used in sections 1 to 3 1.8 have the meanings given them in this section. 1.9 Subd. 2. [COMPETITIVE BIDDING PROCESS.] "Competitive 1.10 bidding process" means the process by which a request for 1.11 proposals is administered and evaluated. 1.12 Subd. 3. [REQUESTING UTILITY.] "Requesting utility" is any 1.13 public utility that, as of January 1, 2002, was subject to a 1.14 public utilities commission order to acquire energy resources 1.15 through a competitive bidding process. 1.16 Subd. 4. [REQUEST FOR PROPOSALS.] "Request for proposals" 1.17 means an all-source supply proposal. 1.18 Sec. 2. [REQUEST FOR PROPOSALS; FREEZE.] 1.19 A requesting utility must not initiate a new request for 1.20 proposals until the earlier of January 15, 2003, or when the 1.21 public utilities commission completes its investigation and 1.22 determination under section 3. 1.23 Sec. 3. [CRITERIA; COMMISSION INVESTIGATION.] 1.24 The public utilities commission must, by September 15, 1.25 2002, investigate and determine, by order, the appropriate 2.1 criteria to be used in selecting proposals responding to a 2.2 request for proposals. The criteria considered for 2.3 appropriateness must include, without limitation, existing 2.4 criteria used by the commission and the following: 2.5 (1) the competitiveness and long-term stability of the 2.6 proposed price of the capacity and energy for the proposed 2.7 project; 2.8 (2) reduction of air emissions, particularly mercury, 2.9 sulfur dioxide, nitrogen oxides, particulate matter, and 2.10 greenhouse gas emissions, through the use of innovative 2.11 technology and significant renewable capacity installations, and 2.12 reduction of other environmental impacts, including the reuse of 2.13 and cleanup or reclamation of existing industrial sites; 2.14 (3) the jurisdiction of state policymakers over the 2.15 emissions and other environmental impacts of the project; 2.16 (4) the project's fuel flexibility and contribution to 2.17 reducing long-term reliance on natural gas for nonpeaking power 2.18 generation; 2.19 (5) the project's utilization of technology that can be 2.20 configured to produce hydrogen for fuel cells and other gases 2.21 and products having the potential to attract further industry, 2.22 investment, and jobs to the state; and 2.23 (6) the project's potential for job creation and other 2.24 economic benefits in economically depressed regions within the 2.25 state and local support for the generation facilities of the 2.26 project. 2.27 This section does not require the inclusion or exclusion of 2.28 any particular criteria. 2.29 Sec. 4. [EFFECTIVE DATE.] 2.30 This act is effective the day following final enactment.