language to be deleted (2) new language
Laws of Minnesota 1990 CHAPTER 549-S.F.No. 2156 An act relating to local government; allowing municipalities to enter into certain contracts to reduce energy and operating costs; providing for the compensation of the Minneapolis library board; amending Minnesota Statutes 1988, section 471.345, by adding a subdivision; Laws 1974, chapter 182, section 1, as amended; repealing Minnesota Statutes 1988, section 471.345, subdivision 9. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1988, section 471.345, is amended by adding a subdivision to read: Subd. 13. [ENERGY EFFICIENCY PROJECTS.] The following definitions apply to this subdivision. (a) "Energy conservation measure" means a training program or facility alteration designed to reduce energy consumption or operating costs and includes: (1) insulation of the building structure and systems within the building; (2) storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat absorbing or heat reflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other window and door system modifications that reduce energy consumption; (3) automatic energy control systems; (4) heating, ventilating, or air conditioning system modifications or replacements; (5) replacement or modifications of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made; (6) energy recovery systems; (7) cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings; (8) energy conservation measures that provide long-term operating cost reductions. (b) "Guaranteed energy savings contract" means a contract for the evaluation and recommendations of energy conservation measures, and for one or more energy conservation measures. The contract must provide that all payments, except obligations on termination of the contract before its expiration, are to be made over time, but not to exceed ten years from the date of final installation, and the savings are guaranteed to the extent necessary to make payments for the systems. (c) "Qualified provider" means a person or business experienced in the design, implementation, and installation of energy conservation measures. A qualified provider to whom the contract is awarded shall give a sufficient bond to the municipality for its faithful performance. Notwithstanding any law to the contrary, a municipality may enter into a guaranteed energy savings contract with a qualified provider to significantly reduce energy or operating costs. Before entering into a contract under this subdivision, the municipality shall provide published notice of the meeting in which it proposes to award the contract, the names of the parties to the proposed contract, and the contract's purpose. Before installation of equipment, modification, or remodeling, the qualified provider shall first issue a report, summarizing estimates of all costs of installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, repairs, or debt service, and estimates of the amounts by which energy or operating costs will be reduced. A guaranteed energy savings contract that includes a written guarantee that savings will meet or exceed the cost of energy conservation measures is not subject to competitive bidding requirements of section 471.345 or other law or city charter. The contract is not subject to section 123.37. A municipality may enter into a guaranteed energy savings contract with a qualified provider if, after review of the report, it finds that the amount it would spend on the energy conservation measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over ten years from the date of installation if the recommendations in the report were followed, and the qualified provider provides a written guarantee that the energy or operating cost savings will meet or exceed the costs of the system. The guaranteed energy savings contract may provide for payments over a period of time, not to exceed ten years. A municipality may enter into an installment payment contract for the purchase and installation of energy conservation measures. The contract must provide for payments of not less than one-tenth of the price to be paid within two years from the date of the first operation, and the remaining costs to be paid monthly, not to exceed a ten-year term from the date of the first operation. Guaranteed energy savings contracts may extend beyond the fiscal year in which they become effective. The municipality shall include in its annual appropriations measure for each later fiscal year any amounts payable under guaranteed energy savings contracts during the year. Failure of a municipality to make such an appropriation does not affect the validity of the guaranteed energy savings contract or the municipality's obligations under the contracts. Sec. 2. Laws 1974, chapter 182, section 1, as amended by Laws 1984, chapter 499, section 2, is amended to read: Section 1. [MINNEAPOLIS, CITY OF; COMPENSATION FOR LIBRARY BOARD MEMBERS.] Notwithstanding any provision of the home rule charter to the contrary, each trustee of the library board of the city of Minneapolis may be compensated
at the rate of up to $3,600 per annum paid in such a manneras may bedetermined by the library board ;and approved by the mayor of Minneapolis. Such compensation to be paid as an operating expense of the board. Sec. 3. [REPEALER.] Minnesota Statutes 1988, section 471.345, subdivision 9, is repealed. Sec. 4. [EFFECTIVE DATE.] Sections 1 and 3 are effective the day after final enactment. Section 2 is effective after its approval by a majority of all the members of the library board of the city of Minneapolis, and compliance with Minnesota Statutes, section 645.021, subdivision 3. Presented to the governor April 26, 1990 Signed by the governor May 3, 1990, 5:23 p.m.