Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 616-S.F.No. 2540
An act relating to utilities; classifying and
requiring information on applications for the
municipal energy conservation investment loan program;
authorizing fee to fund enhanced 911 emergency
telephone service; appropriating money; amending
Minnesota Statutes 1992, sections 13.99, by adding a
subdivision; 216C.37, subdivision 3, and by adding
subdivisions; 403.02, by adding a subdivision; 403.11,
subdivisions 1 and 4; Minnesota Statutes 1993
Supplement, section 216C.37, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapter 403;
repealing Minnesota Statutes 1992, section 216C.37,
subdivision 8.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 65b. [ENERGY CONSERVATION INVESTMENT LOANS.] Data
contained in applications for energy conservation investment
loans, including supporting technical documentation, is governed
by section 216C.37, subdivisions 3a and 3b.
Sec. 2. Minnesota Statutes 1993 Supplement, section
216C.37, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] In this section:
(a) "Commissioner" means the commissioner of public service.
(b) "Maxi-audit" means a detailed engineering analysis of
energy-saving improvements to existing buildings or stationary
energy-using systems, including (1) modifications to building
structures; (2) heating, ventilating, and air conditioning
systems; (3) operation practices; (4) lighting; and (5) other
factors that relate to energy use. The primary purpose of the
engineering analysis is to quantify the economic and engineering
feasibility of energy-saving improvements that require capital
expenditures or major operational modifications.
(c) "Energy conservation investments" means all capital
expenditures that are associated with conservation measures
identified in a maxi-audit or an energy project study, and that
have a ten-year or less payback period.
(d) (c) "Municipality" means any county, statutory or home
rule charter city, town, school district, or any combination of
those units operating under an agreement to jointly undertake
projects authorized in this section.
(e) (d) "Energy project study" means a study of one or more
energy-related capital improvement projects analyzed in
sufficient detail to support a financing application. At a
minimum, it must include one year of energy consumption and cost
data, a description of existing conditions, a description of
proposed conditions, a detailed description of the costs of the
project, and calculations sufficient to document the proposed
energy savings.
Sec. 3. Minnesota Statutes 1992, section 216C.37,
subdivision 3, is amended to read:
Subd. 3. [APPLICATION.] Application for a loan to be made
pursuant to this section shall be made by a municipality to the
commissioner on a form the commissioner prescribes by rule. The
commissioner shall review each application to determine:
(a) whether or not the municipality's proposal is complete;
(b) whether the calculations and estimates contained in the
energy project study are appropriate, accurate, and reasonable;
(c) whether the project is eligible for a loan;
(c) (d) the amount of the loan for which the project is
eligible; and
(d) (e) the means by which the municipality proposes to
finance the project including:
(1) a loan authorized by this section;
(2) a grant of money appropriated by state law;
(3) a grant to the municipality by an agency of the federal
government within the amount of money then appropriated to that
agency; or
(4) the appropriation of other money of the municipality to
an account for the construction of the project.
Sec. 4. Minnesota Statutes 1992, section 216C.37, is
amended by adding a subdivision to read:
Subd. 3a. [ADDITIONAL INFORMATION.] During application
review, the commissioner may request additional information
about a proposed energy conservation investment, including
information on project cost. Failure to provide information
requested disqualifies a loan applicant.
Sec. 5. Minnesota Statutes 1992, section 216C.37, is
amended by adding a subdivision to read:
Subd. 3b. [PUBLIC ACCESSIBILITY OF LOAN APPLICATION DATA.]
Data contained in an application submitted to the commissioner
for a loan to be made pursuant to this section, including
supporting technical documentation, is classified as "public
data not on individuals" under section 13.02, subdivision 14.
Sec. 6. Minnesota Statutes 1992, section 403.02, is
amended by adding a subdivision to read:
Subd. 9. [ENHANCED 911 SERVICE.] "Enhanced 911 Service"
means the use of selective routing, automatic location
identification, or local location identification as part of
local 911 service.
Sec. 7. Minnesota Statutes 1992, section 403.11,
subdivision 1, is amended to read:
Subdivision 1. [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each
customer of a local exchange telephone company or communications
carrier that provides service capable of originating a 911
emergency telephone call is assessed a fee to cover the costs of
ongoing maintenance and related improvements for trunking and
central office switching equipment for minimum 911 emergency
telephone service, plus administrative and staffing costs of the
department of administration related to managing the 911
emergency telephone service program. Recurring charges by a
public utility providing telephone service for updating the
information required by section 403.07, subdivision 3, must be
paid by the commissioner for information if the utility is
included in an approved 911 plan and the charges have been
certified and approved under subdivision 3.
(b) The fee may not be less than eight cents nor more than
30 cents a month for each customer access line or other basic
access service, including trunk equivalents as designated by the
public utilities commission for access charge purposes and
including cellular and other nonwire access services. The fee
must be the same for all customers.
(c) The fee must be collected by each utility providing
local exchange telephone service company or carrier providing
service subject to the fee. Fees are payable to and must be
submitted to the commissioner of administration monthly before
the 25th of each month following the month of collection, except
that fees may be submitted quarterly if less than $250 a month
is due, or annually if less than $25 a month is due. Receipts
must be deposited in the state treasury and credited to a 911
emergency telephone service account in the special revenue
fund. The money in the account may only be used for 911
telephone services as provided in paragraph (a).
(d) The commissioner of administration, with the approval
of the commissioner of finance, shall establish the amount of
the fee within the limits specified and inform the utilities
companies and carriers of the amount to be collected. Utilities
Companies and carriers must be given a minimum of 45 days notice
of fee changes.
(e) This subdivision does not apply to customers of a
telecommunications carrier as defined in section 237.01,
subdivision 6.
Sec. 8. Minnesota Statutes 1992, section 403.11,
subdivision 4, is amended to read:
Subd. 4. [LOCAL RECURRING COSTS.] Recurring costs of
telephone communications equipment and services at public safety
answering points shall be borne by the local governmental unit
operating the public safety answering point or allocated
pursuant to section 403.10, subdivision 3. Costs attributable
to local government electives for services beyond minimum 911
service not otherwise addressed under section 403.113 shall be
borne by the governmental unit requesting the elective service.
Sec. 9. [403.113] [ENHANCED 911 SERVICE COSTS.]
Subdivision 1. [ENHANCED 911 SERVICE FEE.] (a) In addition
to the actual fee assessed under section 403.11, each customer
receiving local telephone service, excluding cellular or other
nonwire service, is assessed a fee to fund implementation and
maintenance of enhanced 911 service, including acquisition of
necessary equipment and the costs of the department of
administration to administer the program. The actual fee
assessed under section 403.11 and the enhanced 911 service fee
must be collected as one amount and may not exceed the amount
specified in section 403.11, subdivision 1, paragraph (b).
(b) The enhanced 911 service fee must be collected and
deposited in the same manner as the fee in section 403.11 and
used solely for the purposes of paragraph (a) and subdivision 3.
(c) The commissioner of the department of administration,
in consultation with counties and 911 system users, shall
determine the amount of the enhanced 911 service fee and inform
telephone companies of the total amount of the 911 service fees
in the same manner as provided in section 403.11.
Subd. 2. [ENHANCED 911 SERVICE; DISTRIBUTION OF
MONEY.] (a) After payment of the costs of the department of
administration to administer the program, the commissioner shall
distribute the money collected under this section as follows:
(1) one-half of the amount equally to all qualified
counties; and
(2) the remaining one-half to qualified counties and cities
with existing 911 systems based on each county's or city's
percentage of the total population of qualified counties and
cities. The population of a qualified city with an existing
system must be deducted from its county's population when
calculating the county's share under this clause if the city
seeks direct distribution of its share.
(b) A county's share under subdivision 1 must be shared pro
rata between the county and existing city systems in the
county. A county or city shall deposit money received under
this subdivision in an interest-bearing fund or account separate
from the county's or city's general fund and may use money in
the fund or account only for the purposes specified in
subdivision 3.
(c) For the purposes of this subdivision, a county or city
is qualified to share in the distribution of money for enhanced
911 service if the county auditor certifies to the commissioner
of administration the amount of the county's or city's levy for
the cost of providing enhanced 911 service for taxes payable in
the year in which money for enhanced 911 service will be
distributed. The commissioner may not distribute money to a
county or city in an amount greater than twice the amount of the
county's or city's certified levy. A county or city is not
qualified to share in the distribution of money for enhanced 911
service if, in addition to the levy required under this
paragraph, it has not implemented enhanced 911 service before
December 31, 1998.
(d) For the purposes of this subdivision, "existing city
system" means a city 911 system that provides at least basic 911
service and that was implemented on or before April 1, 1993.
Subd. 3. [LOCAL EXPENDITURES.] (a) Money distributed to
counties or an existing city system for enhanced 911 service may
be spent on enhanced 911 system costs for the purposes stated in
subdivision 1, paragraph (a). In addition, money may be spent
to lease, purchase, lease-purchase, or maintain enhanced 911
equipment, including telephone equipment; recording equipment;
computer hardware; computer software for data base provisioning,
addressing, mapping, and any other software necessary for
automatic location identification or local location
identification; trunk lines; selective routing equipment; the
master street address guide; dispatcher public safety answering
point equipment proficiency and operational skills; and the
equipment necessary within the public safety answering point to
notify and communicate with the emergency services requested by
the 911 caller.
(b) Money distributed for enhanced 911 service may not be
spent on:
(1) purchasing or leasing of real estate or cosmetic
additions to or remodeling of communications centers;
(2) mobile communications vehicles, fire engines,
ambulances, law enforcement vehicles, or other emergency
vehicles;
(3) signs, posts, or other markers related to addressing or
any costs associated with the installation or maintenance of
signs, posts, or markers.
Subd. 4. [AUDITS.] Each county and city shall conduct an
annual audit on the use of funds distributed to it for enhanced
911 service. A copy of each audit report must be submitted to
the commissioner of administration.
Subd. 5. [FEE REVIEW.] By January 1, 1999, the
commissioner of administration, in consultation with counties
and 911 service users, shall review funding requirements for
enhanced 911 system costs.
Sec. 10. [INTERIM FEE AND DISTRIBUTION.]
Until January 1, 1996, the enhanced 911 service fee is ten
cents per month in addition to the fee actually collected under
Minnesota Statutes 1992, section 403.11, subdivision 1. The
additional fee is imposed effective January 1, 1995.
Distribution of the revenue from the fee under Minnesota
Statutes, section 403.113, subdivision 2, must begin March 1,
1995. The commissioner of the department of administration
shall determine the amount of the additional enhanced 911
service fee to be in effect beginning January 1, 1996, under
Minnesota Statutes, section 403.113.
Sec. 11. [APPROPRIATION.]
$1,500,000 is appropriated to the commissioner of
administration in fiscal year 1995 from the special revenue fund
for purposes of implementing enhanced 911 telephone service as
required in this act.
Sec. 12. [REPEALER.]
Minnesota Statutes 1992, section 216C.37, subdivision 8, is
repealed.
Presented to the governor May 6, 1994
Signed by the governor May 10, 1994, 5:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes