Minnesota Legislature
SF 86
1st Unofficial Engrossment - 87th Legislature (2011 - 2012) Posted on 05/16/2011 11:10am
KEY: stricken = removed, old language.
underscored = added, new language.
1.2relating to energy; removing ban on increased carbon dioxide emissions by
1.3utilities;amending Minnesota Statutes 2010, section 216H.03, subdivision 7.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 216H.03, subdivision 7, is amended to
1.6read:
1.7 Subd. 7. Other exemptions. The prohibitions in subdivision 3 do not apply to:
1.8 (1) a new large energy facility under consideration by the Public Utilities
1.9Commission pursuant to proposals or applications filed with the Public Utilities
1.10Commission before April 1, 2007, or to any power purchase agreement related to a facility
1.11described in this clause. The exclusion of pending proposals and applications from the
1.12prohibitions in subdivision 3 does not limit the applicability of any other law and is not an
1.13expression of legislative intent regarding whether any pending proposal or application
1.14should be approved or denied;
1.15 (2) a contract not subject to commission approval that was entered into prior to
1.16April 1, 2007, to purchase power from a new large energy facility that was approved by
1.17a comparable authority in another state prior to that date, for which municipal or public
1.18power district bonds have been issued, and on which construction has begun;or
1.19 (3) a new large energy facility or a power purchase agreement between a Minnesota
1.20utility and a new large energy facility located outside Minnesota that the Public
1.21Utilities Commission has determined is essential to ensure the long-term reliability of
1.22Minnesota's electric system, to allow electric service for increased industrial demand,
1.23or to avoid placing a substantial financial burden on Minnesota ratepayers. An order
1.24of the commission granting an exemption under this clause is stayed until the June 1
2.1following the next regular or annual session of the legislature that begins after the date of
2.2the commission's final order; or
2.3(4) 2,500 megawatts of electric generating capacity, in aggregate, from new large
2.4energy facilities or power purchase agreements with new large energy facilities that:
2.5(i) are fueled by feedstock coal that on a moist, mineral-matter-free basis has a
2.6calorific value averaging less than 8,500 Btus per pound, or beneficiated coal derived
2.7from such coal; and
2.8(ii) began construction after April 1, 2007.
2.9Projects will receive priority for exemption under this clause based on the shortest amount
2.10of time after April 1, 2007, and the date construction of a new large energy facility begins
2.11or a power purchase agreement with a new large energy facility is signed, as applicable,
2.12until the 2,500 megawatt aggregate capacity limit is reached.
2.13EFFECTIVE DATE.This section is effective the day following final enactment.
1.3utilities;amending Minnesota Statutes 2010, section 216H.03, subdivision 7.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 216H.03, subdivision 7, is amended to
1.6read:
1.7 Subd. 7. Other exemptions. The prohibitions in subdivision 3 do not apply to:
1.8 (1) a new large energy facility under consideration by the Public Utilities
1.9Commission pursuant to proposals or applications filed with the Public Utilities
1.10Commission before April 1, 2007, or to any power purchase agreement related to a facility
1.11described in this clause. The exclusion of pending proposals and applications from the
1.12prohibitions in subdivision 3 does not limit the applicability of any other law and is not an
1.13expression of legislative intent regarding whether any pending proposal or application
1.14should be approved or denied;
1.15 (2) a contract not subject to commission approval that was entered into prior to
1.16April 1, 2007, to purchase power from a new large energy facility that was approved by
1.17a comparable authority in another state prior to that date, for which municipal or public
1.18power district bonds have been issued, and on which construction has begun;
1.19 (3) a new large energy facility or a power purchase agreement between a Minnesota
1.20utility and a new large energy facility located outside Minnesota that the Public
1.21Utilities Commission has determined is essential to ensure the long-term reliability of
1.22Minnesota's electric system, to allow electric service for increased industrial demand,
1.23or to avoid placing a substantial financial burden on Minnesota ratepayers. An order
1.24of the commission granting an exemption under this clause is stayed until the June 1
2.1following the next regular or annual session of the legislature that begins after the date of
2.2the commission's final order; or
2.3(4) 2,500 megawatts of electric generating capacity, in aggregate, from new large
2.4energy facilities or power purchase agreements with new large energy facilities that:
2.5(i) are fueled by feedstock coal that on a moist, mineral-matter-free basis has a
2.6calorific value averaging less than 8,500 Btus per pound, or beneficiated coal derived
2.7from such coal; and
2.8(ii) began construction after April 1, 2007.
2.9Projects will receive priority for exemption under this clause based on the shortest amount
2.10of time after April 1, 2007, and the date construction of a new large energy facility begins
2.11or a power purchase agreement with a new large energy facility is signed, as applicable,
2.12until the 2,500 megawatt aggregate capacity limit is reached.
2.13EFFECTIVE DATE.This section is effective the day following final enactment.