1.1                          A bill for an act
  1.2             relating to natural resources protection; requiring 
  1.3             disclosure of information to electric energy consumers 
  1.4             regarding reduction of mercury emissions related to 
  1.5             generation sources of electricity they consume; 
  1.6             proposing coding for new law in Minnesota Statutes, 
  1.7             chapter 116. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  [TITLE.] 
  1.10     Section 2 may be referred to as the mercury emissions 
  1.11  consumer information act of 1995. 
  1.12     Sec. 2.  [116.925] [ELECTRIC ENERGY; MERCURY EMISSIONS 
  1.13  REDUCTION DISCLOSURE.] 
  1.14     Subdivision 1.  [DISCLOSURE.] (a) To address the shared 
  1.15  responsibility between the providers and consumers of 
  1.16  electricity for the protection of Minnesota's lakes, each person 
  1.17  that sells electricity at retail or at wholesale in the state 
  1.18  shall provide each retail and each wholesale customer an annual 
  1.19  statement of the amount by which mercury emissions related to 
  1.20  the electricity controlled by the person that is derived from 
  1.21  mercury containing fuel have been reduced or increased from 
  1.22  emissions levels in calendar year 1994.  
  1.23     (b) For the purposes of this section: 
  1.24     (1) "mercury containing fuel" means fossil fuel, 
  1.25  refuse-derived fuel, solid waste, or any other fuel used in the 
  1.26  generation of electricity that may contain mercury; and 
  2.1      (2) "electricity controlled by the person" refers to all 
  2.2   electricity purchased or generated by the person making the 
  2.3   disclosure, whether for retail sale, wholesale sale, or use by 
  2.4   the person in this state. 
  2.5      Subd. 2.  [TIME AND CONTENT OF DISCLOSURE.] Disclosure must 
  2.6   be made not later than March 1 of each year and include mercury 
  2.7   emissions information from the most recent calendar year.  The 
  2.8   disclosure may be made as a billing statement insert or as a 
  2.9   separate mailing to each customer.  The disclosure must include: 
  2.10     (1) the percentage of the total quantity of electricity 
  2.11  controlled by the person that is derived from mercury containing 
  2.12  fuel; 
  2.13     (2) the total amount of mercury emissions, both in 
  2.14  aggregate and per kilowatt hour, for all electricity controlled 
  2.15  by the person that is derived from mercury containing fuel; 
  2.16     (3) the annual amount, in aggregate and per kilowatt hour, 
  2.17  by which mercury emissions related to the electricity controlled 
  2.18  by the person that is derived from mercury containing fuel has 
  2.19  been reduced or increased; 
  2.20     (4) the annual mercury emissions attributable to the 
  2.21  electricity consumed by the average customer of the person of 
  2.22  the type receiving the disclosure and steps the customer can 
  2.23  take to reduce consumption of electricity, thereby reducing the 
  2.24  mercury emissions attributable to consumption; 
  2.25     (5) the amount of mercury, stated in a measurement 
  2.26  equivalent to the measurement used to disclose the mercury 
  2.27  emissions information, that is the threshold amount, as 
  2.28  determined by the commissioner of the agency, the department of 
  2.29  health, or the department of natural resources, that may trigger 
  2.30  an advisory against eating fish caught in an average size lake 
  2.31  of about 30 to 40 acres in size; and 
  2.32     (6) a summary of the measures the person making the 
  2.33  disclosure plans to take, or is taking, to reduce mercury 
  2.34  emissions in both the short and long term. 
  2.35     Subd. 3.  [DISCLOSURE TO AGENCY.] The person making the 
  2.36  disclosure described in subdivision 2 shall make a separate 
  3.1   disclosure at or about the same time as the disclosure described 
  3.2   in subdivision 2 to the agency.  This disclosure must include: 
  3.3      (1) a list of all generation sources that utilize mercury 
  3.4   containing fuel for the electricity controlled by the person; 
  3.5   and 
  3.6      (2) information for each source listed in clause (1)  
  3.7   stating the amount of electricity generated from that source, 
  3.8   total mercury emissions from that source, and the total per 
  3.9   kilowatt hour mercury emissions from that source. 
  3.10     Subd. 3.  [MERCURY EMISSIONS INFORMATION; CERTIFICATION.] 
  3.11  (a) Mercury emissions information may reflect actual mercury 
  3.12  emissions monitoring data at a generation source or be based on 
  3.13  engineering estimates specific to that source.  Emissions 
  3.14  information must be certified as the best reasonably available 
  3.15  and accurate data on mercury emissions from each generation 
  3.16  source by the commissioner, for generation sources located in 
  3.17  the state, or by the head of the state agency responsible for 
  3.18  pollution control in the state where the generation source is 
  3.19  located. 
  3.20     (b) If neither certified emissions data nor certified 
  3.21  engineering estimates are available for a generation source, the 
  3.22  person making the disclosure shall list for that source an 
  3.23  emissions level that is the same as the highest emissions level 
  3.24  of all the generation sources listed in the disclosure.  In 
  3.25  later disclosures, no reduction in emissions may be claimed 
  3.26  between the time a source is listed without certified 
  3.27  information and the time certified information is listed for the 
  3.28  source.