SF 3221

as introduced - 86th Legislature (2009 - 2010) Posted on 03/10/2010 12:39pm

A bill for an act
relating to energy; authorizing municipalities to make energy efficiency and
renewable energy improvements; amending Minnesota Statutes 2008, section
429.021, subdivision 1.

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

Section 1.

Minnesota Statutes 2008, section 429.021, subdivision 1, is amended to read:

Subdivision 1.

Improvements authorized.

The council of a municipality shall have
power to make the following improvements:

(1) To acquire, open, and widen any street, and to improve the same by constructing,
reconstructing, and maintaining sidewalks, pavement, gutters, curbs, and vehicle parking
strips of any material, or by grading, graveling, oiling, or otherwise improving the same,
including the beautification thereof and including storm sewers or other street drainage
and connections from sewer, water, or similar mains to curb lines.

(2) To acquire, develop, construct, reconstruct, extend, and maintain storm and
sanitary sewers and systems, including outlets, holding areas and ponds, treatment plants,
pumps, lift stations, service connections, and other appurtenances of a sewer system,
within and without the corporate limits.

(3) To construct, reconstruct, extend, and maintain steam heating mains.

(4) To install, replace, extend, and maintain street lights and street lighting systems
and special lighting systems.

(5) To acquire, improve, construct, reconstruct, extend, and maintain water works
systems, including mains, valves, hydrants, service connections, wells, pumps, reservoirs,
tanks, treatment plants, and other appurtenances of a water works system, within and
without the corporate limits.

(6) To acquire, improve and equip parks, open space areas, playgrounds, and
recreational facilities within or without the corporate limits.

(7) To plant trees on streets and provide for their trimming, care, and removal.

(8) To abate nuisances and to drain swamps, marshes, and ponds on public or private
property and to fill the same.

(9) To construct, reconstruct, extend, and maintain dikes and other flood control
works.

(10) To construct, reconstruct, extend, and maintain retaining walls and area walls.

(11) To acquire, construct, reconstruct, improve, alter, extend, operate, maintain, and
promote a pedestrian skyway system. Such improvement may be made upon a petition
pursuant to section 429.031, subdivision 3.

(12) To acquire, construct, reconstruct, extend, operate, maintain, and promote
underground pedestrian concourses.

(13) To acquire, construct, improve, alter, extend, operate, maintain, and promote
public malls, plazas or courtyards.

(14) To construct, reconstruct, extend, and maintain district heating systems.

(15) To construct, reconstruct, alter, extend, operate, maintain, and promote fire
protection systems in existing buildings, but only upon a petition pursuant to section
429.031, subdivision 3.

(16) To acquire, construct, reconstruct, improve, alter, extend, and maintain highway
sound barriers.

(17) To improve, construct, reconstruct, extend, and maintain gas and electric
distribution facilities owned by a municipal gas or electric utility.

(18) To purchase, install, and maintain signs, posts, and other markers for addressing
related to the operation of enhanced 911 telephone service.

(19) To improve, construct, extend, and maintain facilities for Internet access and
other communications purposes, if the council finds that:

(i) the facilities are necessary to make available Internet access or other
communications services that are not and will not be available through other providers or
the private market in the reasonably foreseeable future; and

(ii) the service to be provided by the facilities will not compete with service provided
by private entities.

(20) To assess affected property owners for all or a portion of the costs agreed to
with an electric utility, telecommunications carrier, or cable system operator to bury or
alter a new or existing distribution system within the public right-of-way that exceeds the
utility's design and construction standards, or those set by law, tariff, or franchise, but only
upon petition under section 429.031, subdivision 3.

new text begin (21) To install, develop, construct, or remodel residential or commercial buildings
with energy efficiency improvements that include, but are not limited to, the following:
new text end

new text begin (i) insulation in walls, roofs, floors, and foundations and in heating and cooling
distribution systems;
new text end

new text begin (ii) storm windows and doors, multiglazed windows and doors, heat-absorbing or
heat-reflective glazed and coated window and door systems, additional glazing, reductions
in glass area, and other window and door system modifications that reduce energy
consumption;
new text end

new text begin (iii) automatic energy control systems;
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new text begin (iv) heating, ventilating, or air conditioning and distribution system modifications or
replacements in buildings or central plants;
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new text begin (v) caulking and weather-stripping;
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new text begin (vi) replacement or modification of lighting fixtures to increase the energy efficiency
of the system without increasing the overall illumination of a residential or commercial
building unless an increase in illumination is necessary to conform to the applicable
building code for the proposed lighting system;
new text end

new text begin (vii) energy recovery systems;
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new text begin (viii) daylighting systems; and
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new text begin (ix) any other modification, installation, or remodeling approved as a utility
cost-savings measure by the governing body.
new text end

new text begin (22) To install, develop, construct, or remodel residential or commercial buildings
with "renewable energy improvements," which means a fixture, product, system, device,
or interacting group of devices installed behind the meter of any residential or commercial
building that produces energy from renewable resources including, but not limited to,
photovoltaic systems, solar thermal systems, small wind energy conversion systems,
biomass systems, or geothermal systems, as may be authorized by the governing body.
A renewable energy improvement is not authorized if it interferes with a right held by a
public utility under a certificate issued by the Public Utilities Commission. The Public
Utilities Commission has primary jurisdiction to adjudicate disputes as to whether a
renewable energy improvement interferes with such a right.
new text end