language to be deleted (2) new language
Laws of Minnesota 1993 CHAPTER 254-H.F.No. 1133 An act relating to energy; directing the public service department to evaluate and implement a policy to promote the use of motor vehicles powered by alternate fuels; appropriating money; amending Minnesota Statutes 1992, section 216C.01, by adding subdivisions; proposing coding for new law in Minnesota Statutes, chapters 216B; and 216C. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [216B.168] [ALTERNATIVE FUEL VEHICLES.] Subdivision 1. [RATE RECOVERY.] If the department determines under section 6 that a policy that would result in the recovery through public utility rates of expenses or investments in the development and market penetration of alternative fuel vehicles is in the public interest and consistent with the Federal Energy Policy Act, United States Code, title 42, section 13235, the department may approve plans of public utilities to make investments and expenditures in alternative fuel vehicles and supporting equipment. The commission may allow a public utility to recover through its rates the investments and expenses under a plan approved by the department and may allow recovery of any assessment under section 7. The rate recovery shall provide for the ratable phase-out over a 20-year period at five percent per year of the recovery of those expenses or investments in public utility rates. Subd. 2. [REPEALER.] This section expires July 1, 2003, except that any plan approved by the commission under subdivision 1 prior to that date may continue until the expiration date of the plan. Sec. 2. Minnesota Statutes 1992, section 216C.01, is amended by adding a subdivision to read: Subd. 1a. [ALTERNATIVE FUEL.] "Alternative fuel" means natural gas; liquified petroleum gas; hydrogen; coal-derived liquified fuels; electricity; methanol, denatured ethanol, and other alcohols; mixtures containing 85 percent or more, or other percentage as may be set by regulation by the Secretary of the United States Department of Energy, by volume of methanol, denatured ethanol, and other alcohols with gasoline or other fuels; fuels other than alcohol that are derived from biological materials; and other fuel that the Secretary of the United States Department of Energy determines by regulation to be an alternative fuel within the meaning of section 301(2) of the National Energy Policy Act of 1992. Sec. 3. Minnesota Statutes 1992, section 216C.01, is amended by adding a subdivision to read: Subd. 1b. [ALTERNATIVE FUEL VEHICLE.] "Alternative fuel vehicle" means a dedicated or a dual-fuel vehicle. Sec. 4. Minnesota Statutes 1992, section 216C.01, is amended by adding a subdivision to read: Subd. 2a. [DEDICATED FUEL VEHICLE.] "Dedicated fuel vehicle" means a vehicle that operates solely on alternative fuels. Sec. 5. Minnesota Statutes 1992, section 216C.01, is amended by adding a subdivision to read: Subd. 4. [DUAL-FUEL VEHICLE.] "Dual-fuel vehicle" means a vehicle that is capable of operating on an alternative fuel and is capable of operating on gasoline or diesel fuel. Sec. 6. [216C.40] [ALTERNATIVE FUEL VEHICLES.] Subdivision 1. [STATE POLICY.] It is in the long-term economic, environmental, and social interest of the state of Minnesota to promote the development and market penetration of alternative fuel vehicles that reduce harmful emissions from motor vehicles as defined in United States Code, title 42, section 7550(2), so as to assist in attaining and maintaining healthful air quality, to provide fuel security through a diversity of alternative fuel supply sources, and to develop additional markets for indigenous crop-based fuels. Subd. 2. [STATE PLAN.] The policies developed and implemented under this section are intended to form part of the state plan that may be submitted by the governor to the Secretary of the United States Department of Energy under section 409 of the National Energy Policy Act of 1992. In developing the policies and the state plan, the department shall hold public hearings, at least one of which must be held outside the counties of Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. Subd. 3. [REPORT TO THE LEGISLATURE.] The department shall, after consultation with the public utilities commission, the environmental quality board, the pollution control agency, the department of transportation, the department of administration, the department of agriculture, and the department of trade and economic development, submit a report to the legislature by January 1, 1994, detailing the department's progress and all actions taken by units of state government to implement the policies set forth in subdivision 1 concerning alternative fuels. Subd. 4. [CONDITION PRECEDENT.] The duties of the department under this section are conditional on the commissioner of public service finding that there will be at least one public utility that will be subject to the assessment created by section 7. Subd. 5. [REPEALER.] This section expires July 1, 2003. Sec. 7. [ASSESSMENT; APPROPRIATION.] The department of public service shall assess no more than $78,000 in fiscal year 1994 against public utilities that have plans submitted under section 1, subdivision 1, for expenses reasonably attributable to the performance of the department's duties in developing the state plan under section 6, subdivision 2. A public utility that so elects shall notify the department of public service by June 1, 1993, in writing, of their agreement to be assessed under this section. A utility is bound by an election to be assessed. The assessment must be paid by the public utility within 30 days of its receipt of a bill for the assessment. The assessment for each utility shall be equally shared among assessed utilities and is appropriated to the department of public service for the purposes of this act. Sec. 8. [EFFECTIVE DATE.] Sections 1 to 7 are effective the day following final enactment. Presented to the governor May 15, 1993 Signed by the governor May 19, 1993, 8:34 a.m.