1.1.................... moves to amend H.F. No. 1754 as follows:
1.2Delete everything after the enacting clause and insert:
1.5
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Section 1. SUMMARY OF APPROPRIATIONS.
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1.6 The amounts shown in this section summarize direct appropriations, by fund, made
1.7in this article.
1.8
|
|
|
2010
|
|
2011
|
|
Total
|
1.9
|
General
|
$
|
28,040,000
|
$
|
27,040,000
|
$
|
55,080,000
|
1.10
|
Petroleum Tank Cleanup
|
|
1,084,000
|
|
1,084,000
|
|
2,168,000
|
1.11
|
Workers' Compensation
|
|
751,000
|
|
751,000
|
|
1,502,000
|
1.12
|
Special Revenue
|
|
300,000
|
|
300,000
|
|
600,000
|
1.13
|
Total
|
$
|
30,175,000
|
$
|
29,175,000
|
$
|
59,350,000
|
1.14
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Sec. 2. ENERGY FINANCE APPROPRIATIONS.
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1.15 The sums shown in the columns marked "Appropriations" are appropriated to the
1.16agencies and for the purposes specified in this article. The appropriations are from the
1.17general fund, or another named fund, and are available for the fiscal years indicated
1.18for each purpose. The figures "2010" and "2011" used in this article mean that the
1.19appropriations listed under them are available for the fiscal year ending June 30, 2010, or
1.20June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal
1.21year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal
1.22year ending June 30, 2009, are effective the day following final enactment.
1.23
|
|
|
|
APPROPRIATIONS
|
1.24
|
|
|
|
Available for the Year
|
1.25
|
|
|
|
Ending June 30
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1.26
|
|
|
|
|
2010
|
|
2011
|
1.27
|
Sec. 3. DEPARTMENT OF COMMERCE
|
|
|
|
|
2.1
|
Subdivision 1.Total Appropriation
|
$
|
24,742,000
|
$
|
23,742,000
|
2.2
|
Appropriations by Fund
|
2.3
|
|
2010
|
2011
|
2.4
|
General
|
22,607,000
|
21,607,000
|
2.5
|
Petroleum Cleanup
|
1,084,000
|
1,084,000
|
2.6
2.7
|
Workers'
Compensation
|
751,000
|
751,000
|
2.8
|
Special Revenue
|
300,000
|
300,000
|
2.9The amounts that may be spent for each
2.10purpose are specified in the following
2.11subdivisions.
2.12
|
Subd. 2.Financial Institutions
|
|
6,637,000
|
|
6,637,000
|
2.13
2.14
|
Subd. 3.Petroleum Tank Release Cleanup
Board
|
|
1,084,000
|
|
1,084,000
|
2.15This appropriation is from the petroleum
2.16tank release cleanup fund. The base funding
2.17for this program ends June 30, 2012.
2.18
|
Subd. 4.Administrative Services
|
|
4,300,000
|
|
4,300,000
|
2.19
|
Subd. 5.Telecommunications
|
|
1,010,000
|
|
1,010,000
|
2.20
|
Subd. 6.Market Assurance
|
|
7,421,000
|
|
7,421,000
|
2.21
|
Appropriations by Fund
|
2.22
|
General
|
6,670,000
|
6,670,000
|
2.23
2.24
|
Workers'
Compensation
|
751,000
|
751,000
|
2.25
|
Subd. 7.Office of Energy Security
|
|
3,990,000
|
|
2,990,000
|
2.26
2.27
|
Subd. 8.Telecommunications Access
Minnesota
|
|
300,000
|
|
300,000
|
2.28$300,000 the first year and $300,000
2.29the second year are for transfer to the
2.30commissioner of human services to
2.31supplement the ongoing operational expenses
2.32of the Minnesota Commission Serving
2.33Deaf and Hard-of-Hearing People. This
2.34appropriation is from the telecommunication
2.35access Minnesota fund, and is added to
3.1the commission's base. This appropriation
3.2consolidates, and is not in addition to,
3.3appropriation language from Laws 2006,
3.4chapter 282, article 11, section 4, and
3.5Laws 2007, chapter 57, article 2, section 3,
3.6subdivision 7.
3.7
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Sec. 4. PUBLIC UTILITIES COMMISSION
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$
|
5,433,000
|
$
|
5,433,000
|
3.8 Sec. 5. Minnesota Statutes 2008, section 45.027, subdivision 1, is amended to read:
3.9 Subdivision 1.
General powers. In connection with the duties and responsibilities
3.10entrusted to the commissioner, and Laws 1993, chapter 361, section 2, the commissioner
3.11of commerce may:
3.12(1) make public or private investigations within or without this state as the
3.13commissioner considers necessary to determine whether any person has violated or is
3.14about to violate any law, rule, or order related to the duties and responsibilities entrusted
3.15to the commissioner;
3.16(2) require or permit any person to file a statement in writing, under oath or otherwise
3.17as the commissioner determines, as to all the facts and circumstances concerning the
3.18matter being investigated;
3.19(3) hold hearings, upon reasonable notice, in respect to any matter arising out of the
3.20duties and responsibilities entrusted to the commissioner;
3.21(4) conduct investigations and hold hearings for the purpose of compiling
3.22information related to the duties and responsibilities entrusted to the commissioner;
3.23(5) examine the books, accounts, records, and files of every licensee, and of every
3.24person who is engaged in any activity regulated; the commissioner or a designated
3.25representative shall have free access during normal business hours to the offices and
3.26places of business of the person, and to all books, accounts, papers, records, files, safes,
3.27and vaults maintained in the place of business;
3.28(6) publish information which is contained in any order issued by the commissioner;
3.29and
3.30(7) require any person subject to duties and responsibilities entrusted to the
3.31commissioner, to report all sales or transactions that are regulated. The reports must
3.32be made within ten days after the commissioner has ordered the report. The report is
3.33accessible only to the respondent and other governmental agencies unless otherwise
3.34ordered by a court of competent jurisdiction
.; and
4.1(8) assess a licensee the necessary expenses of the investigation performed by the
4.2department when an investigation is made by order of the commissioner. The cost of the
4.3investigation shall be determined by the commissioner and is based on the salary cost
4.4of investigators or assistants and at an average rate per day or fraction thereof so as to
4.5provide for the total cost of the investigations. All money collected must be deposited
4.6into the general fund.
4.7 Sec. 6. Minnesota Statutes 2008, section 60A.14, subdivision 1, is amended to read:
4.8 Subdivision 1.
Fees other than examination fees. In addition to the fees and
4.9charges provided for examinations, the following fees must be paid to the commissioner
4.10for deposit in the general fund:
4.11(a) by township mutual fire insurance companies;
4.12(1) for filing certificate of incorporation $25 and amendments thereto, $10;
4.13(2) for filing annual statements, $15;
4.14(3) for each annual certificate of authority, $15;
4.15(4) for filing bylaws $25 and amendments thereto, $10;
4.16(b) by other domestic and foreign companies including fraternals and reciprocal
4.17exchanges;
4.18(1) for filing an application for an initial certification of authority to be admitted
4.19to transact business in this state, $1,500;
4.20(2) for filing certified copy of certificate of articles of incorporation, $100;
4.21(3) for filing annual statement, $225;
4.22(4) for filing certified copy of amendment to certificate or articles of incorporation,
4.23$100;
4.24(5) for filing bylaws, $75 or amendments thereto, $75;
4.25(6) for each company's certificate of authority, $575, annually;
4.26(c) the following general fees apply:
4.27(1) for each certificate, including certified copy of certificate of authority, renewal,
4.28valuation of life policies, corporate condition or qualification, $25;
4.29(2) for each copy of paper on file in the commissioner's office 50 cents per page,
4.30and $2.50 for certifying the same;
4.31(3) for license to procure insurance in unadmitted foreign companies, $575;
4.32(4) for valuing the policies of life insurance companies, one cent per $1,000 of
4.33insurance so valued, provided that the fee shall not exceed $13,000 per year for any
4.34company. The commissioner may, in lieu of a valuation of the policies of any foreign life
4.35insurance company admitted, or applying for admission, to do business in this state, accept
5.1a certificate of valuation from the company's own actuary or from the commissioner of
5.2insurance of the state or territory in which the company is domiciled;
5.3(5) for receiving and filing certificates of policies by the company's actuary, or by
5.4the commissioner of insurance of any other state or territory, $50;
5.5(6) for each appointment of an agent filed with the commissioner, $10;
5.6(7) for filing forms, rates, and compliance certifications under section
60A.315,
$90
5.7$140 per filing, or
$75 $125 per filing when submitted via electronic filing system. Filing
5.8fees may be paid on a quarterly basis in response to an invoice. Billing and payment may
5.9be made electronically;
5.10(8) for annual renewal of surplus lines insurer license, $300.
5.11The commissioner shall adopt rules to define filings that are subject to a fee.
5.12 Sec. 7. Minnesota Statutes 2008, section 216B.62, subdivision 3, is amended to read:
5.13 Subd. 3.
Assessing all public utilities. The department and commission shall
5.14quarterly, at least 30 days before the start of each quarter, estimate the total of their
5.15expenditures in the performance of their duties relating to
(1) public utilities under
section
5.16216A.085, sections
216A.085 and
216B.01 to
216B.67, other than amounts chargeable
5.17to public utilities under subdivision 2
or, 6,
and (2) alternative energy engineering
5.18activity under section
216C.261 7, or 8. The remainder
, except the amount assessed
5.19against cooperatives and municipalities for alternative energy engineering activity under
5.20subdivision 5, shall be assessed by the commission and department to the several public
5.21utilities in proportion to their respective gross operating revenues from retail sales of gas
5.22or electric service within the state during the last calendar year. The assessment shall be
5.23paid into the state treasury within 30 days after the bill has been transmitted via mail,
5.24personal delivery, or electronic service to the several public utilities, which shall constitute
5.25notice of the assessment and demand of payment thereof. The total amount which may
5.26be assessed to the public utilities, under authority of this subdivision, shall not exceed
5.27one-sixth of one percent of the total gross operating revenues of the public utilities
5.28during the calendar year from retail sales of gas or electric service within the state. The
5.29assessment for the third quarter of each fiscal year shall be adjusted to compensate for the
5.30amount by which actual expenditures by the commission and department for the preceding
5.31fiscal year were more or less than the estimated expenditures previously assessed.
5.32 Sec. 8. Minnesota Statutes 2008, section 216B.62, subdivision 4, is amended to read:
5.33 Subd. 4.
Objections. Within 30 days after the date of the transmittal of any bill as
5.34provided by
subdivisions subdivision 2
and, 3,
7, or 8, the public utility against which
5.35the bill has been rendered may file with the commission objections setting out the
6.1grounds upon which it is claimed the bill is excessive, erroneous, unlawful or invalid.
6.2The commission shall within 60 days hold a hearing and issue an order in accordance
6.3with its findings. The order shall be appealable in the same manner as other final orders
6.4of the commission.
6.5 Sec. 9. Minnesota Statutes 2008, section 216B.62, subdivision 5, is amended to read:
6.6 Subd. 5.
Assessing cooperatives and municipals. The commission and department
6.7may charge cooperative electric associations, generation and transmission cooperative
6.8electric associations, municipal power agencies, and municipal electric utilities their
6.9proportionate share of the expenses incurred in the review and disposition of resource
6.10plans, adjudication of service area disputes, proceedings under section
216B.1691,
6.11216B.2425
, or
216B.243, and the costs incurred in the adjudication of complaints over
6.12service standards, practices, and rates. Cooperative electric associations electing to
6.13become subject to rate regulation by the commission pursuant to section
216B.026,
6.14subdivision 4
, are also subject to this section. Neither a cooperative electric association
6.15nor a municipal electric utility is liable for costs and expenses in a calendar year in excess
6.16of the limitation on costs that may be assessed against public utilities under subdivision
6.172. A cooperative electric association, generation and transmission cooperative electric
6.18association, municipal power agency, or municipal electric utility may object to and appeal
6.19bills of the commission and department as provided in subdivision 4.
6.20The department shall assess cooperatives and municipalities for the costs of
6.21alternative energy engineering activities under section
216C.261. Each cooperative and
6.22municipality shall be assessed in proportion that its gross operating revenues for the sale
6.23of gas and electric service within the state for the last calendar year bears to the total of
6.24those revenues for all public utilities, cooperatives, and municipalities.
6.25 Sec. 10. Minnesota Statutes 2008, section 216B.62, is amended by adding a
6.26subdivision to read:
6.27 Subd. 7. Assessing all utilities. The department shall assess public utilities,
6.28cooperative electric associations, and municipal utilities for the costs of activities under
6.29chapter 216C. The department shall not assess for costs of grants, loans, or other aids or
6.30for costs that can be recovered through other assessment authority. Each public utility,
6.31cooperative, and municipal utility shall be assessed in the proportion that its gross
6.32operating revenue for the sale of gas and electric service within the state for the last
6.33calendar year bears to the total of those revenues for all public utilities, cooperatives,
6.34and municipalities.
7.1 Sec. 11. Minnesota Statutes 2008, section 216B.62, is amended by adding a subdivision
7.2to read:
7.3 Subd. 8. Audit investigation costs. The audit investigation account is created as a
7.4separate account in the special revenue fund in the state treasury. If the commission, in a
7.5proceeding upon its own motion, on complaint, or upon an application to it, determines
7.6that it is necessary, in order to carry out its duties imposed under this chapter or chapter
7.7216, 216A, 216E, 216F, or 216G, to conduct an investigation or audit of any public utility
7.8operations, practices, or policies requiring specialized technical professional investigative
7.9services for the inquiry, the commission may seek authority from the Department of
7.10Management and Budget to incur costs reasonably attributable to the specialized services.
7.11If approved by the department, the commission shall render separate bills to the public
7.12utility for the costs incurred for the technical professional investigative services. The
7.13bill constitutes notice of the assessment and demand of payment. The amount of a bill
7.14assessed by the commission under this subdivision must be paid by the public utility into
7.15the state treasury within 30 days from the date of assessment. Money received under this
7.16subdivision shall be credited to the audit investigation account.
7.17 Sec. 12. Minnesota Statutes 2008, section 237.295, subdivision 2, is amended to read:
7.18 Subd. 2.
Assessment of costs. The department and commission shall quarterly, at
7.19least 30 days before the start of each quarter, estimate the total of their expenditures
7.20in the performance of their duties relating to telephone companies, other than amounts
7.21chargeable to telephone companies under subdivision 1, 5,
or 6
, or 7. The remainder
7.22must be assessed by the department to the telephone companies operating in this state
7.23in proportion to their respective gross jurisdictional operating revenues during the last
7.24calendar year. The assessment must be paid into the state treasury within 30 days after the
7.25bill has been transmitted via mail, personal delivery, or electronic service to the telephone
7.26companies. The bill constitutes notice of the assessment and demand of payment. The
7.27total amount that may be assessed to the telephone companies under this subdivision may
7.28not exceed three-eighths of one percent of the total gross jurisdictional operating revenues
7.29during the calendar year. The assessment for the third quarter of each fiscal year must be
7.30adjusted to compensate for the amount by which actual expenditures by the commission
7.31and department for the preceding fiscal year were more or less than the estimated
7.32expenditures previously assessed. A telephone company with gross jurisdictional
7.33operating revenues of less than $5,000 is exempt from assessments under this subdivision.
7.34 Sec. 13. Minnesota Statutes 2008, section 237.295, subdivision 3, is amended to read:
8.1 Subd. 3.
Objection. Within 30 days after the date of the transmittal of any bill
8.2as provided by subdivisions 1, 2, 5,
and 6,
or 7, the parties to the proceeding, against
8.3which the bill has been assessed, may file with the commission objections setting out the
8.4grounds upon which it is claimed the bill is excessive, erroneous, unlawful, or invalid.
8.5The commission shall within 60 days issue an order in accordance with its findings. The
8.6order is appealable in the same manner as other final orders of the commission.
8.7 Sec. 14. Minnesota Statutes 2008, section 237.295, is amended by adding a subdivision
8.8to read:
8.9 Subd. 7. Audit investigation costs. The audit investigation account is created as
8.10a separate account in the special revenue fund in the state treasury. If the commission,
8.11in a proceeding upon its own motion, on complaint, or upon an application to it,
8.12determines it is necessary, in order to carry out its duties imposed under this chapter or
8.13chapter 216 or 216A, to conduct an investigation or audit of any telephone company
8.14or telecommunications carrier's operations, practices, or policies requiring specialized
8.15technical professional investigative services for the inquiry, the commission may seek
8.16authority from the Department of Management and Budget to incur costs reasonably
8.17attributable to the specialized services. The commission shall render separate bills to
8.18telephone companies and telecommunications carriers for the costs of the technical
8.19professional investigative services. The bill constitutes notice of the assessment and
8.20demand of payment. The amount of a bill assessed by the commission under this
8.21subdivision must be paid by the telephone company or telecommunications carrier into
8.22the state treasury within 30 days from the date of assessment. Money received under this
8.23subdivision shall be credited to the audit investigation account.
8.25DEFINITIONS; GOALS; LEGISLATIVE REVIEW
8.26 Section 1.
FEDERAL STIMULUS FUNDING; GOAL OF ENERGY
8.27PROGRAMS.
8.28 Subdivision 1. Definitions. For the purposes of articles 2 to 6, the following terms
8.29have the meaning given them.
8.30(a) "Act" means the American Recovery and Reinvestment Act of 2009.
8.31(b) "Commissioner" means the commissioner of commerce.
8.32(c) "Stimulus funding" or "funding" means funding provided to the state under
8.33the act for:
9.1(1) energy efficiency and conservation block grants authorized under subtitle E of
9.2title V of the federal Energy Independence and Security Act of 2007, United States Code,
9.3title 42, section 17151 et seq.;
9.4(2) the Weatherization Assistance Program authorized under part A of title IV of the
9.5federal Energy Conservation and Production Act, United States Code, title 42, section
9.66861, et seq.; and
9.7(3) the State Energy Program authorized under part D of title III of the federal
9.8Energy Policy and Conservation Act, United States Code, title 42, section 6321, et seq.
9.9 Subd. 2. Stimulus funding allocation and use goals. To the extent allowed by
9.10federal law and regulation and consistent with the purposes and principles of the act,
9.11stimulus funding must be allocated and expended under articles 2 to 4 for activities that
9.12best achieve the following goals:
9.13(1) job retention and creation;
9.14(2) improved energy efficiency and increased renewable energy production capacity;
9.15(3) coordination with and leveraging of other resources to increase the total benefits
9.16derived from stimulus funding;
9.17(4) timely implementation of funded activities;
9.18(5) long-term sustainability of benefits derived from stimulus funds;
9.19(6) geographic distribution across the state; and
9.20(7) compliance with the disadvantaged business enterprise outreach requirements in
9.21Minnesota Statutes, section 16C.16, subdivision 4.
9.22EFFECTIVE DATE.This section is effective the day following final enactment.
9.23 Sec. 2.
LEGISLATIVE REVIEW.
9.24The Office of Energy Security shall, prior to expending any stimulus funds, submit
9.25to the chairs and ranking minority members of the senate and house of representatives
9.26committees with primary jurisdiction over energy policy and finance the criteria it
9.27proposes to use to rank the programs in articles 2 to 6 in order to allocate stimulus funding
9.28among the programs. Comments on the proposed criteria must be submitted to the Office
9.29of Energy Security within ten working days of receipt of the criteria. The Office of Energy
9.30Security shall consider the comments before establishing the final allocation criteria, and
9.31shall submit a report on the amount of stimulus funds allocated to each of the programs
9.32under articles 2 to 6 the chairs and ranking minority members of the senate and house of
9.33representatives committees with primary jurisdiction over energy policy and finance
9.34within ten working days of establishing the stimulus funding allocations.
9.35EFFECTIVE DATE.This section is effective the day following final enactment.
10.3 Section 1.
WEATHERIZATION.
10.4 Subdivision 1. Allocation of funds. All stimulus funds for weatherization must be
10.5allocated by the director of the Office of Energy Security, consistent with federal allocation
10.6requirements and state allocation formulas in the state weatherization plan. Existing
10.7providers of weatherization services must be fully utilized, consistent with effective
10.8program delivery, before additional providers of weatherization services are added.
10.9 Subd. 2. Rental units. Programs that include rental units must be developed,
10.10including developing procedures to increase low-income rental unit participation in
10.11programs. Priority must be given to serving the largest number of new weatherization
10.12clients consistent with federal eligibility requirements.
10.13EFFECTIVE DATE.This section is effective the day following final enactment.
10.14 Sec. 2.
LOCAL GOVERNMENT AND SCHOOL DISTRICT BUILDING
10.15RENOVATIONS.
10.16The Office of Energy Security must coordinate the use of stimulus funds with the
10.17local public building enhanced energy-efficiency program under Minnesota Statutes,
10.18section 216C.43. The Office of Energy Security shall prioritize lighting upgrades, energy
10.19recommissioning, and other cost-effective energy projects that are ready for immediate
10.20implementation. Stimulus funds may be used for, but are not limited to, grants for a portion
10.21of costs incurred by local governments to implement energy efficiency improvements
10.22under the local public building enhanced energy-efficiency program. The Office of Energy
10.23Security may require a local government, as a condition of receiving a grant, to commit to
10.24implement future activities, including, but not limited to, staff training, that are designed
10.25to create additional energy or operating savings to the local government. The Office of
10.26Energy Security shall coordinate with the Department of Education to prioritize school
10.27district projects for funding under this section, consistent with the principles of statewide
10.28geographic distribution of projects, optimized energy savings, and an improved learning
10.29environment for schoolchildren.
10.30EFFECTIVE DATE.This section is effective the day following final enactment.
10.31 Sec. 3.
STATE GOVERNMENT BUILDINGS.
10.32The Department of Administration shall develop a plan and procedures to select,
10.33fund, and implement projects using stimulus funds. The plan and procedures shall
10.34prioritize lighting upgrades, energy recommissioning, and other cost-effective energy
11.1projects that are ready for immediate implementation. Funds may be used for, but are not
11.2limited to, grants for a portion of costs incurred by state agencies in implementing energy
11.3efficiency improvements. The Department of Administration may require a state agency,
11.4as a condition of receiving stimulus funds, to commit to implement future activities,
11.5including, but not limited to, staff training, that are designed to create additional energy
11.6or operating savings to the state agency.
11.7EFFECTIVE DATE.This section is effective the day following final enactment.
11.8 Sec. 4.
RESIDENTIAL ENERGY EFFICIENCY PROGRAMS.
11.9The Office of Energy Security shall coordinate with the Minnesota Housing Finance
11.10Agency to use stimulus funds in conjunction with the Minnesota Housing Finance
11.11Agency's existing financing programs to improve energy efficiency in dwellings.
11.12EFFECTIVE DATE.This section is effective the day following final enactment.
11.13 Sec. 5.
TRAINING AND WORKFORCE DEVELOPMENT.
11.14(a) The Department of Employment and Economic Development, in consultation
11.15with the Office of Energy Security and the Office of Higher Education, shall develop a
11.16plan and procedures to:
11.17(1) allocate stimulus funds to training programs to train energy professionals needed
11.18to implement the energy programs described in sections 2 to 4, including but not limited to
11.19energy auditors, energy managers, and building operators;
11.20(2) coordinate, oversee, and monitor the training and certification of energy
11.21professionals; and
11.22(3) allocate stimulus funding for the purposes of clauses (1) and (2) and to training
11.23providers.
11.24(b) Training strategies must be designed to meet the wide range of facilities
11.25managers and building sizes and types, and must protect the occupational health and safety
11.26of workers employed on these energy projects. Technical skills training must include
11.27insulation, air sealing, and mechanical work.
11.28(c) The plan must include procedures to:
11.29(1) train individuals already employed in implementing energy programs;
11.30(2) recruit individuals to be trained to perform work in energy projects using
11.31stimulus funding who are unemployed, especially targeting communities experiencing
11.32disproportionately high rates of unemployment, including, but not limited to, low-income,
11.33rural, or tribal communities and individuals in construction trades and crafts; and
12.1(3) ensure that the full capacity of current training providers is utilized, including,
12.2but not limited to, opportunities industrialization centers, skilled trades labor unions, tribal
12.3colleges or nonprofits working in tribal communities, community action partnerships,
12.4utility companies, higher education institutions, and nonprofit organizations with
12.5demonstrated expertise in energy efficiency.
12.6EFFECTIVE DATE.This section is effective the day following final enactment.
12.7 Sec. 6.
ACCOUNTABILITY AND TRANSPARENCY REPORTING.
12.8The director of the Office of Energy Security, after compiling information supplied
12.9by the Departments of Administration, Education, and Employment and Economic
12.10Development, and the Office of Higher Education, shall report on the progress of the
12.11programs funded under articles 2 to 6 to the house of representatives and senate committees
12.12with jurisdiction over energy finance and workforce development policy by September 1,
12.132009, January 15, 2010, April 1, 2010, and September 1, 2010. The report must include a
12.14complete accounting of all stimulus funds spent on the programs funded under articles 2 to
12.156, to the extent allowable by state and federal law, including, but not limited to:
12.16(1) the specific projects funded, including the location, building owner, and project
12.17manager;
12.18(2) the number of jobs retained or created by each project;
12.19(3) the total calculated and actual energy savings for each project;
12.20(4) the remaining balances in each stimulus fund;
12.21(5) the nonstimulus funding leveraged by stimulus funds for each project;
12.22(6) the training courses provided, including the location and provider of courses
12.23offered, the funding source for each training course, and the total number of trainees; and
12.24(7) compliance with prevailing wage, veterans, and disadvantaged business
12.25enterprise requirements.
12.26EFFECTIVE DATE.This section is effective the day following final enactment.
12.29 Section 1.
RENEWABLE ENERGY GRANT PROGRAM.
12.30(a) The commissioner of commerce shall establish a program to award grants to
12.31energy projects that meet the following conditions:
12.32(1) the project qualifies as a community-based energy development (C-BED) project,
12.33as defined in Minnesota Statutes, section 216B.1612, subdivision 2, paragraph (g);
13.1(2) for wind projects, the project is located in an area where the measured wind
13.2resource is Class 4 or above;
13.3(3) the project begins commercial operation after July 1, 2009;
13.4(4) the project does not receive renewable energy payment incentives under
13.5Minnesota Statutes, section 216C.41; and
13.6(5) the project meets any other conditions established under the American Recovery
13.7and Reinvestment Act of 2009, Public Law 111-5, for use of these funds.
13.8(b) The department shall develop an application form, application review procedures,
13.9criteria that projects must meet in order to be considered for a grant award, procedures
13.10and guidelines for project monitoring and evaluation, and other administrative procedures
13.11necessary to fully implement a grant program.
13.12(c) The maximum grant to a project is $500,000.
13.13(d) No more than two projects in a single county may receive a grant under this
13.14section.
13.15(e) No C-BED qualifying owner may financially participate in more than one project
13.16that receives a grant under this section.
13.17(f) Grant awards must be geographically dispersed throughout the state.
13.18EFFECTIVE DATE.This section is effective the day following final enactment.
13.19 Sec. 2.
RENEWABLE ELECTRIC GENERATION FACILITY REBATES.
13.20(a) The commissioner shall establish a program to award rebates to qualifying
13.21facilities that generate electricity from a renewable source and that:
13.22(1) begin operation after July 1, 2009;
13.23(2) meet all other conditions established under the act; and
13.24(3) provide electricity to:
13.25(i) a homeowner's primary residence; or
13.26(ii) a business, with 20 or fewer full-time employees.
13.27(b) The commissioner shall develop an application form, application review
13.28procedures, criteria that projects must meet in order to be considered for a rebate,
13.29procedures and guidelines for project monitoring and evaluation, and other administrative
13.30procedures necessary to fully implement a rebate program.
13.31(c) The owner of a qualifying facility may apply to the commissioner for a rebate of
13.32the lesser of $2,500 or 35 percent of the cost of the electric generation facility, including
13.33installation costs.
14.1(d) The commissioner shall award rebates only from funds appropriated for that
14.2purpose and to the extent of those appropriations. Grants must be made to applicants in
14.3the order of the time of receipt of a complete application.
14.4(e) For purposes of this section:
14.5(1) "Qualifying facility" means an electric generation facility with a capacity of less
14.6than 40 kilowatts that generates electricity from a renewable energy source.
14.7(2) "Renewable energy source" means:
14.8(i) solar;
14.9(ii) wind;
14.10(iii) hydroelectric;
14.11(iv) hydrogen, provided that after January 1, 2010, the hydrogen must be generated
14.12from the resources listed in this clause; or
14.13(v) biomass, which includes, without limitation, landfill gas; an anaerobic digester
14.14system; and the predominantly organic components of wastewater effluent, sludge, or
14.15related by-products from publicly owned treatment works, but not including incineration
14.16of wastewater sludge to produce electricity.
14.17EFFECTIVE DATE.This section is effective the day following final enactment.
14.18 Sec. 3.
SOLAR ENERGY PROJECTS IN PUBLIC BUILDINGS AND
14.19SCHOOLS.
14.20(a) The commissioner shall establish a program to award grants to:
14.21(1) local units of government to pay the costs of installing solar energy projects to
14.22generate energy used in public buildings; or
14.23(2) to school districts to pay the costs of installing solar energy projects to generate
14.24energy used in K-12 schools.
14.25(b) To be eligible to receive a grant, a project must:
14.26(1) begin operation after July 1, 2009; and
14.27(2) meet all other conditions established under the act.
14.28(c) The commissioner shall develop an application form, application review
14.29procedures, criteria that a project must meet in order to be considered for a grant award,
14.30procedures and guidelines for project monitoring and evaluation, and other administrative
14.31procedures necessary to fully implement a grant program.
14.32(d) In awarding grants, the commissioner must determine, at a minimum, the
14.33following:
14.34(1) that the physical condition of the building is sufficient to support the efficient
14.35operation of the solar energy project;
15.1(2) that there is no significant possibility that the building may close within ten
15.2years, which determination, for a school, must be based on enrollment projections; and
15.3(3) that the projected cumulative energy savings exceed the grant amount within 15
15.4years for a qualifying solar thermal project, and within 20 years for a photovoltaic device.
15.5(e) In awarding grants, the commissioner must also consider:
15.6(1) the reliability and cost-effectiveness of the solar technology to be installed;
15.7(2) the extent to which the proposal effectively coordinates with the conservation
15.8and energy efficiency programs offered by the energy utilities serving the building in
15.9which the project is located, and with the public building enhanced energy efficiency
15.10program under section 216C.43, if applicable;
15.11(3) life cycle energy use reductions and greenhouse gas emissions reductions
15.12projected per dollar of installed cost of the project; and
15.13(4) the geographic distribution of grant recipients throughout the state.
15.14(f) For the purposes of this section:
15.15(1) "public building" means any publicly owned building, sports arena, or other
15.16facility of a county, city, or other local unit of government; and
15.17(2) "solar energy" means:
15.18(i) a photovoltaic device, as defined in Minnesota Statutes, section 216C.06,
15.19subdivision 16; or
15.20(ii) a qualifying thermal project, as defined in Minnesota Statutes, section
15.21216B.2411, subdivision 2, that includes modifications made to a distribution system to
15.22distribute heating or cooling throughout a building.
15.23EFFECTIVE DATE.This section is effective the day following final enactment.
15.25MISCELLANEOUS PROGRAMS
15.26 Section 1.
ENERGY PROGRAMS IN COMMERCIAL AND INDUSTRIAL
15.27BUILDINGS.
15.28(a) The commissioner shall establish a program to award grants to commercial
15.29and industrial facilities for the purpose of installing energy-efficiency improvements or
15.30creating renewable energy sources to generate electricity or to heat or cool a building. To
15.31be eligible to receive a grant, a project must:
15.32(1) begin commercial operation after July 1, 2009; and
15.33(2) meet all other conditions established under the act.
15.34(b) The commissioner shall develop an application form, application review
15.35procedures, criteria that a project must meet in order to be considered for a grant award,
16.1procedures and guidelines for project monitoring and evaluation, and other administrative
16.2procedures necessary to fully implement a grant program.
16.3(c) For the purposes of this section, "renewable energy source" means:
16.4(i) solar;
16.5(ii) wind;
16.6(iii) hydroelectric;
16.7(iv) hydrogen, provided that after January 1, 2010, the hydrogen must be generated
16.8from the resources listed in this clause; or
16.9(v) biomass, which includes, without limitation, landfill gas; an anaerobic digester
16.10system; and the predominantly organic components of wastewater effluent, sludge, or
16.11related by-products from publicly owned treatment works, but not including incineration
16.12of wastewater sludge to produce electricity.
16.13EFFECTIVE DATE.This section is effective the day following final enactment.
16.14 Sec. 2.
ENERGY EDUCATION, TRAINING, AND DATA SYSTEMS.
16.15The Office of Energy Security shall establish programs to work with teachers and
16.16other energy experts to include energy issues in K-12 curricula; develop training and
16.17certification programs for technicians to install and service wind and solar energy systems;
16.18and upgrade data systems to enable accurate tracking of energy savings resulting from the
16.19conservation improvement program and other state energy programs.
16.20EFFECTIVE DATE.This section is effective the day following final enactment.
16.21 Sec. 3.
ENERGY EFFICIENCY GRANTS TO LOCAL GOVERNMENTS.
16.22The Office of Energy Security shall establish a grant program to award grants to
16.23local units of government to enhance energy efficiency and reduce energy use. Energy
16.24efficiency and conservation block grant funds may be used for grants for planning,
16.25consultant services, energy audits, implementing energy-efficient building codes and
16.26inspection services, energy efficiency renovations, street lighting, and the installation of
16.27renewable energy devices deployed on public buildings.
16.30 Section 1.
WEATHERIZATION ASSISTANCE PROGRAM APPROPRIATION.
16.31Of the funds available to the state of Minnesota from the federal stimulus funding for
16.32the weatherization assistance program under the American Recovery and Reinvestment
16.33Act of 2009, Public Law 111-5, $131,937,411 is appropriated to the commissioner of
17.1commerce. The funds must be administered consistent with the requirements in article 3,
17.2section 1.
17.3 Sec. 2.
ENERGY EFFICIENCY AND CONSERVATION BLOCK PROGRAM
17.4APPROPRIATION.
17.5Of the funds available to the state of Minnesota from the federal stimulus funding
17.6for the Energy Efficiency and Conservation Block Grant Program under the American
17.7Recovery and Reinvestment Act of 2009, Public Law 111-5, $10,644,100, is appropriated
17.8to the commissioner of commerce. The appropriation must be distributed as follows:
17.9(1) $6,546,121 is for energy efficiency grants to local government in article 5,
17.10section 3; and
17.11(2) $4,097,979, is for local government and school district buildings consistent
17.12with the requirements in article 3, section 2.
17.13EFFECTIVE DATE.This section is effective the day following final enactment.
17.14 Sec. 3.
STATE ENERGY PROGRAM APPROPRIATION.
17.15Of the funds available to the state of Minnesota from the federal stimulus funding
17.16for the State Energy Program under the American Recovery and Reinvestment Act of
17.172009, Public Law 111-5, $54,172,000 is appropriated to the commissioner of commerce.
17.18Of this amount:
17.19(1) $10,650,000 is for local government and school district buildings consistent
17.20with the requirements in article 3, section 2;
17.21(2) $8,000,000 is for state government buildings consistent with the requirements in
17.22article 3, section 3;
17.23(3) $12,000,000 is for the residential energy financing program in article 3, section 5;
17.24(4) $12,000,000 is for renewable energy programs, including, but not limited to, the
17.25programs specified in article 4;
17.26(6) $5,000,000 is for grants to commercial and industrial facilities for energy
17.27efficiency and renewable energy projects in article 5, section 1;
17.28(7) $5,022,000 is for energy education, training, and information and data systems in
17.29article 5, section 2; and
17.30(8) $1,500,000 is for a grant to the Board of Trustees of the Minnesota State Colleges
17.31and Universities for the International Renewable Energy Technology Institute (IRETI) to
17.32be located at Minnesota State University, Mankato, as a public and private partnership to
17.33support applied research in renewable energy and energy efficiency to aid in the transfer of
17.34technology from Sweden to Minnesota and to support technology commercialization from
17.35companies located in Minnesota and throughout the world.
18.1EFFECTIVE DATE.This section is effective the day following final enactment."
18.2Amend the title accordingly