SF 5154

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/22/2024 09:17am

A bill for an act
relating to consumer protection; requiring certain energy generating facilities to
be certified as child labor free; requiring certain products sold to be certified as
child labor free; amending Minnesota Statutes 2022, section 216F.08; Minnesota
Statutes 2023 Supplement, section 216F.04; proposing coding for new law in
Minnesota Statutes, chapters 216E; 325D.

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

Section 1.

new text begin [216E.065] PROHIBITION ON CHILD LABOR FOR CERTAIN
FACILITIES.
new text end

new text begin The commission is prohibited from issuing a permit for a large electric power generating
plant powered by solar energy under this chapter unless the applicant has demonstrated to
the commission's satisfaction that no child labor, as defined under section 325D.75,
subdivision 1, is used to manufacture the equipment used to construct and operate the large
electric power generating plant powered by solar.
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 216F.04, is amended to read:

216F.04 SITE PERMIT.

(a) No person may construct an LWECS without a site permit issued by the Public
Utilities Commission.

(b) Any person seeking to construct an LWECS shall submit an application to the
commission for a site permit in accordance with this chapter and any rules adopted by the
commission. The permitted site need not be contiguous land.

(c) The commission shall make a final decision on an application for a site permit for
an LWECS within 180 days after acceptance of a complete application by the commission.
The commission may extend this deadline for cause.

(d) The commission may place conditions in a permit and may deny, modify, suspend,
or revoke a permit.

(e) The commission must require as a condition of permit issuance, including issuance
of a modified permit for a repowering project, as defined in section 216B.243, subdivision
8, paragraph (b), that the recipient of a site permit to construct an LWECS with a nameplate
capacity above 25,000 kilowatts, including all of the permit recipient's construction
contractors and subcontractors on the project: (1) pay no less than the prevailing wage rate,
as defined in section 177.42; and (2) be subject to the requirements and enforcement
provisions under sections 177.27, 177.30, 177.32, 177.41 to 177.435, and 177.45.

new text begin (f) The commission is prohibited from approving an application for an LWECS site
permit unless the applicant has demonstrated to the commission's satisfaction that no child
labor, as defined under section 325D.75, subdivision 1, was used to manufacture the
equipment used to construct and operate the LWECS.
new text end

Sec. 3.

Minnesota Statutes 2022, section 216F.08, is amended to read:

216F.08 PERMIT AUTHORITY; ASSUMPTION BY COUNTIES.

(a) A county board may, by resolution and upon written notice to the Public Utilities
Commission, assume responsibility for processing applications for permits required under
this chapter for LWECS with a combined nameplate capacity of less than 25,000 kilowatts.
The responsibility for permit application processing, if assumed by a county, may be
delegated by the county board to an appropriate county officer or employee. Processing by
a county shall be done in accordance with procedures and processes established under
chapter 394.

(b) A county board that exercises its option under paragraph (a) may issue, deny, modify,
impose conditions upon, or revoke permits pursuant to this section. The action of the county
board about a permit application is final, subject to appeal as provided in section 394.27. new text begin
Section 216F.04, paragraph (f), applies to permit application approval under this section.
new text end

(c) The commission shall, by order, establish general permit standards, including
appropriate property line set-backs, governing site permits for LWECS under this section.
The order must consider existing and historic commission standards for wind permits issued
by the commission. The general permit standards shall apply to permits issued by counties
and to permits issued by the commission for LWECS with a combined nameplate capacity
of less than 25,000 kilowatts. The commission or a county may grant a variance from a
general permit standard if the variance is found to be in the public interest.

(d) The commission and the commissioner of commerce shall provide technical assistance
to a county with respect to the processing of LWECS site permit applications.

Sec. 4.

new text begin [325D.75] CHILD LABOR FREE PRODUCTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Child labor" has the meaning given in the International Labor Organization's
Minimum Age Convention No. 138.
new text end

new text begin (c) "Solar photovoltaic device" has the meaning given in section 116C.7791.
new text end

new text begin (d) "Wind energy conversion system" has the meaning given in section 216F.01,
subdivision 4.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin It is an unlawful trade practice to offer for sale in Minnesota any
electric vehicle battery, solar photovoltaic device, or wind energy conversion system unless
the electric vehicle battery, solar photovoltaic device, or wind energy conversion system's
manufacturer certifies that no child labor was used to manufacture the electric vehicle
battery, solar photovoltaic device, or wind energy conversion system.
new text end

new text begin Subd. 3. new text end

new text begin Remedies. new text end

new text begin A person that violates subdivision 2 is subject to the penalties
established under section 325D.56.
new text end