1.1A bill for an act

1.2relating to energy; requiring filing of certain information in power purchase
1.3agreements with Public Utilities Commission; requiring utilities to offer
1.4customers option to request energy from local wind projects; requiring certain
1.5utilities to purchase energy from small wind projects;amending Minnesota
1.6Statutes 2010, sections 216B.05, subdivision 3, by adding a subdivision;
1.7216B.169, by adding a subdivision; proposing coding for new law in Minnesota
1.8Statutes, chapter 216B.
1.9BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10    Section 1. Minnesota Statutes 2010, section 216B.05, is amended by adding a
1.11subdivision to read:
1.12    Subd. 2b. Power purchase agreements. (a) Each public utility shall file with the
1.13commission the price, duration, and any terms and conditions that affect the price of each
1.14power purchase agreement approved by the commission. The filing of information from
1.15a power purchase agreement must be made within 30 days of the date of execution of
1.16the agreement.
1.17(b) Notwithstanding section 13.37, subdivision 2, the information required to be filed
1.18under paragraph (a) is classified as public data.
1.19(c) Notwithstanding section 325C.01, subdivision 3, the commission's treatment
1.20of the information required to be filed under paragraph (a) as public data is not
1.21misappropriation of a trade secret.
1.22EFFECTIVE DATE.This section is effective the day following final enactment.

1.23    Sec. 2. Minnesota Statutes 2010, section 216B.05, subdivision 3, is amended to read:
2.1    Subd. 3. Public inspection. Every public utility shall keep copies of the filings
2.2under subdivisions 1, 2, and 2a, and 2b open to public inspection under rules as the
2.3commission may prescribe.
2.4EFFECTIVE DATE.This section is effective the day following final enactment.

2.5    Sec. 3. Minnesota Statutes 2010, section 216B.169, is amended by adding a
2.6subdivision to read:
2.7    Subd. 2a. Local wind energy rate option. (a) Each utility shall offer its customers
2.8one or more options allowing a customer to determine that a certain amount of electricity
2.9generated or purchased on the customer's behalf is from wind energy conversion systems
2.10that meet the following criteria:
2.11(1) have a nameplate capacity of 25 megawatts or less, as determined by the
2.12commissioner of commerce;
2.13(2) are owned by Minnesota residents individually or as members of a Minnesota
2.14limited liability company organized under chapter 322B and formed for the purpose of
2.15developing the wind energy conversion system project;
2.16(3) the term of a power purchase agreement extends at least 20 years; and
2.17(4) the wind energy conversion system is located entirely within Minnesota.
2.18(b) Each utility shall file a plan with the commission by October 1, 2011, to
2.19implement paragraph (a).
2.20(c) Each utility offering a rate under this subdivision shall advertise the offer with
2.21each billing to customers.
2.22(d) Rates charged to customers for energy acquired under this subdivision must be
2.23calculated using the utility's cost of acquiring the energy for the customer and must be
2.24distributed on a per-kilowatt hour basis among all customers who choose to participate
2.25in the program.
2.26EFFECTIVE DATE.This section is effective the day following final enactment.

2.27    Sec. 4. [216B.2427] REQUIRED WIND PURCHASES.
2.28Before December 31, 2012, or the date for completing construction of the
2.29345-kilovolt transmission line extending from St. Cloud to Moorhead, Minnesota,
2.30whichever is earlier, the utilities that own the transmission line shall sign purchase power
2.31agreements that collectively commit the utilities to purchase at least 350 megawatts of
2.32nameplate capacity of wind energy conversion system projects that meet the conditions
3.1established in section 216B.169, subdivision 2a, paragraph (a), and, in addition, are
3.2located within 75 miles of the transmission line.
3.3EFFECTIVE DATE.This section is effective the day following final enactment.