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Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1984 

                        CHAPTER 449-H.F.No. 996 
           An act relating to energy; allowing port authorities 
          to own and operate district heating systems; allowing 
          certain cities to acquire district heating systems 
          without election; authorizing counties to provide 
          district heating services within cities under certain 
          conditions; amending Minnesota Statutes 1982, section 
          465.74, by adding subdivisions. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1982, section 465.74, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [CITIES WITH OVER 50,000 INHABITANTS.] A city 
with over 50,000 inhabitants that is not a city of the first 
class is authorized to acquire, construct, improve, and operate 
a district heating system under the same terms and conditions as 
a city of the first class except as provided herein. Acquisition 
or construction and financing of a municipal district heating 
system is not subject to the election requirements of sections 
452.11 and 452.12, however, a resolution for the acquisition or 
construction and financing must be approved by a two-thirds vote 
of the governing body of the city.  
    Sec. 2.  Minnesota Statutes 1982, section 465.74, is 
amended by adding a subdivision to read: 
    Subd. 7.  [PORT AUTHORITIES, OWNERSHIP AND OPERATION OF 
DISTRICT HEATING SYSTEMS.] A port authority organized pursuant 
to sections 458.09 to 458.1991 or a special law may acquire, 
own, construct, and operate a district heating system or systems 
to provide heating and cooling services and other energy 
services within the statutory or home rule charter city within 
which it is created.  The authority may, in conjunction with a 
district heating system, acquire, own, construct, and operate an 
energy management and control system to monitor and control 
users' energy demand within the city as a related ancillary 
function of the district heating system.  The authority may, in 
conjunction with a district heating system, acquire, own, 
construct, and operate ancillary services related to an energy 
management and control system including, but not limited to, 
sensing and monitoring services for supervision of fire and life 
safety systems and building security systems within the city.  
    This section shall be effective for a port authority only 
after adoption of an ordinance or resolution by the board of the 
port authority and by the governing body of the city stating 
their intention to exercise the authority allowed by this 
section.  
    A port authority may, with approval of the city, lease part 
or all of the district heating system or contract with respect 
to part or all of the district heating system, with any person, 
corporation, association, or public utility company for the 
purpose of constructing, improving, operating, or maintaining 
the district heating system.  
    Sec. 3.  Minnesota Statutes 1982, section 465.74, is 
amended by adding a subdivision to read: 
    Subd. 8.  [MANAGEMENT OF A DISTRICT HEATING SYSTEM BY A 
PORT AUTHORITY.] A statutory or home rule charter city within 
which a port authority has been created may delegate to the port 
authority some or all powers and responsibilities for the 
management and operation of a district heating system.  
    Sec. 4.  Minnesota Statutes 1982, section 465.74, is 
amended by adding a subdivision to read: 
    Subd. 9.  [OPERATION BY A COUNTY.] A statutory or home rule 
charter city may contract with a county to operate a district 
heating system for the provision of district heating services 
within some or all of the city. 
    Approved April 23, 1984