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

  

                         Laws of Minnesota 1988 

                        CHAPTER 617-S.F.No. 1268 
           An act relating to energy; providing for the powers 
          and duties of the commissioner of public service; 
          clarifying definitions; regulating fluorescent lamp 
          ballasts; authorizing certain Indian tribes to create 
          community energy councils; providing the purpose for 
          which an appropriation may be spent; amending 
          Minnesota Statutes 1986, sections 116J.09; 116J.10; 
          116J.19, subdivision 6, and by adding a subdivision; 
          116J.381, subdivision 2; and Laws 1981, chapter 334, 
          section 11, subdivision 1. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 116J.09, is 
amended to read:  
    116J.09 [DUTIES.] 
    The commissioner shall: 
    (a) manage the department as the central repository within 
the state government for the collection of data on energy; 
    (b) prepare and adopt an emergency allocation plan 
specifying actions to be taken in the event of an impending 
serious shortage of energy, or a threat to public health, 
safety, or welfare; 
    (c) undertake a continuing assessment of trends in the 
consumption of all forms of energy and analyze the social, 
economic, and environmental consequences of these trends; 
    (d) carry out energy conservation measures as specified by 
the legislature and recommend to the governor and the 
legislature additional energy policies and conservation measures 
as required to meet the objectives of sections 116J.05 to 
116J.30; 
    (e) collect and analyze data relating to present and future 
demands and resources for all sources of energy; 
    (f) evaluate policies governing the establishment of rates 
and prices for energy as related to energy conservation, and 
other goals and policies of sections 116J.05 to 116J.30, and 
make recommendations for changes in energy pricing policies and 
rate schedules; 
    (g) study the impact and relationship of the state energy 
policies to international, national, and regional energy 
policies; 
    (h) design and implement a state program for the 
conservation of energy; this program shall include but not be 
limited to, general commercial, industrial, and residential, and 
transportation areas; such program shall also provide for the 
evaluation of energy systems as they relate to lighting, 
heating, refrigeration, air conditioning, building design and 
operation, and appliance manufacturing and operation;  
    (i) inform and educate the public about the sources and 
uses of energy and the ways in which persons can conserve energy;
    (j) dispense funds made available for the purpose of 
research studies and projects of professional and civic 
orientation, which are related to either energy conservation, 
resource recovery, or the development of alternative energy 
technologies which conserve nonrenewable energy resources while 
creating minimum environmental impact; 
    (k) charge other governmental departments and agencies 
involved in energy related activities with specific information 
gathering goals and require that those goals be met;  
    (l) design a comprehensive program for the development of 
indigenous energy resources.  The program shall include, but not 
be limited to, providing technical, informational, educational, 
and financial services and materials to persons, businesses, 
municipalities, and organizations involved in the development of 
solar, wind, hydropower, peat, fiber fuels, biomass, and other 
alternative energy resources.  The program shall be evaluated by 
the alternative energy technical activity; and 
    (m) dispense loans, grants, or other financial aid from 
money received from litigation or settlement of alleged 
violations of federal petroleum pricing regulations made 
available to the department for that purpose.  The commissioner 
shall adopt rules under chapter 14 for this purpose.  Money 
dispersed under this clause must not include money received as a 
result of the settlement of the parties and order of the United 
States District Court for the District of Kansas in the case of 
In Re Department of Energy Stripper Well Exemption Litigation, 
578 F. Supp. 586 (D.Kan. 1983) and all money received after the 
effective date of this section by the governor, the commissioner 
of finance, or any other state agency resulting from overcharges 
by oil companies in violation of federal law.  
    Further, the commissioner may participate fully in hearings 
before the public utilities commission on matters pertaining to 
rate design, cost allocation, efficient resource utilization, 
utility conservation investments, small power production, 
cogeneration, and other rate issues.  The commissioner shall 
support the policies stated in section 116J.05 and shall prepare 
and defend testimony proposed to encourage energy conservation 
improvements as defined in section 216B.241. 
    Sec. 2.  Minnesota Statutes 1986, section 116J.10, is 
amended to read:  
    116J.10 [POWERS.] 
    The commissioner may: 
    (a) Adopt rules pursuant to chapter 14 as necessary to 
carry out the purposes of sections 116J.05 to 116J.30 and, when 
necessary for the purposes of section 116J.15, adopt emergency 
rules pursuant to sections 14.29 to 14.36; 
    (b) make all contracts pursuant to sections 116J.05 to 
116J.30 and do all things necessary to cooperate with the United 
States government, and to qualify for, accept and disburse any 
grant intended for the administration of sections 116J.05 to 
116J.30.  Notwithstanding any other law the commissioner is 
designated the state agent to apply for, receive and accept 
federal or other funds made available to the state for the 
purposes of sections 116J.05 to 116J.30; 
    (c) provide on-site technical assistance to units of local 
government in order to enhance local capabilities for dealing 
with energy problems;  
    (d) administer for the state, energy programs pursuant to 
federal law, regulations or guidelines, except for the crisis 
fuel assistance and low income weatherization programs 
administered by the department of jobs and training, and 
coordinate the programs and activities with other state 
agencies, units of local government and educational institutions;
    (e) design and administer a statewide program for the 
energy and economic development authority and actively involve 
major organizations and community leaders in its work and shall 
solicit funds from all sources;  
    (f) develop a state energy investment plan with yearly 
energy conservation and alternative energy development goals, 
investment targets, and marketing strategies;  
    (g) perform market analysis studies relating to 
conservation, alternative and renewable energy resources, and 
energy recovery;  
    (h) assist with the preparation of proposals for innovative 
conservation, renewable, alternative, or energy recovery 
projects;  
    (i) manage and disburse funds made available for the 
purpose of research studies or demonstration projects related to 
energy conservation or other activities deemed appropriate by 
the commissioner; and 
    (j) intervene in certificate of need proceedings before the 
public utilities commission; and 
    (k) collect fees from recipients of loans, grants, or other 
financial aid from money received from litigation or settlement 
of alleged violations of federal petroleum pricing regulations, 
which fees shall be used to pay the department's costs in 
administering those financial aids. 
    Sec. 3.  Minnesota Statutes 1986, section 116J.19, 
subdivision 6, is amended to read:  
    Subd. 6.  Beginning April 20, 1977, no person shall use a 
decorative gas lamp in Minnesota except as provided in this 
subdivision and in subdivision 7.  The commissioner shall, at 
the request of a homeowner who is 65 years old or older, grant a 
variance allowing the homeowner to operate a decorative gas lamp 
or lamps at the homeowner's principal place of residence.  The 
variance shall be valid for the life of the recipient, but shall 
be renewed every four years.  The commissioner may not issue a 
variance after August 1, 1992, except variances issued before 
that date may be renewed under this subdivision.  
    Sec. 4.  Minnesota Statutes 1986, section 116J.19, is 
amended by adding a subdivision to read: 
    Subd. 15.  [FLUORESCENT LAMP BALLASTS.] No person may sell 
or install a fluorescent lamp ballast in this state that does 
not comply with the energy efficiency standards for fluorescent 
lamp ballasts adopted by the commissioner under subdivision 8. 
    Sec. 5.  Minnesota Statutes 1986, section 116J.381, 
subdivision 2, is amended to read:  
    Subd. 2.  [COMMUNITY ENERGY COUNCILS; CREATION.] Statutory 
and home rule charter cities or, counties, or Indian tribal 
governments of federally recognized Minnesota based bands or 
tribes, individually or through the exercise of joint powers 
agreements, may create community energy councils.  Membership on 
a council shall include representatives of labor, small 
business, voluntary organizations, senior citizens, and low and 
moderate income residents, and may include city and, county, and 
Indian tribal government officials, and other interested parties.
    Sec. 6.  Laws 1981, chapter 334, section 11, subdivision 1, 
is amended to read: 
    Subdivision 1.  The sum of $43,170,000 is appropriated from 
the state building fund to the commissioner of finance for the 
purpose of making loans to municipalities for district heating 
systems and qualified energy improvements pursuant to section 1 
116J.36. 
    Sec. 7.  [RULES.] 
    The commissioner of public service shall adopt rules under 
Minnesota Statutes, section 116J.19, subdivision 8, establishing 
minimum energy efficiency standards for fluorescent lamp 
ballasts by January 1, 1989.  
    Sec. 8.  [EFFECTIVE DATE.] 
    Section 4 is effective January 1, 1991, and applies to 
fluorescent lamp ballasts placed in inventory after the 
effective date of rules adopted by the commissioner of public 
service establishing minimum energy efficiency standards for 
fluorescent lamp ballasts under Minnesota Statutes, section 
116J.19, subdivision 8.  Section 7 is effective the day 
following final enactment. 
    Approved April 24, 1988