1.1.................... moves to amend H.F. No. 956, the delete everything amendment
1.2(H0956DE3), as follows:
1.3Page 11, after line 31, insert:

1.4    "Sec. 14. [216B.1641] DEFINITIONS.
1.5    Subdivision 1. Scope. For the purposes of sections 216B.1641 to 216B.1644, the
1.6following definitions have the meanings given.
1.7    Subd. 2. Community solar generating facility. "Community solar generating
1.8facility" means a facility:
1.9(1) that generates electricity by means of a solar photovoltaic device that has a
1.10capacity of less than two megawatts direct current nameplate;
1.11(2) that is interconnected with a utility's distribution system under the jurisdiction
1.12of the commission;
1.13(3) that is located in the electric service area of the utility with which it is
1.14interconnected;
1.15(4) whose subscribers purchase, under long-term contract with the community solar
1.16generating facility, the right to consume the electricity generated from a specified portion
1.17of the facility's generating capacity;
1.18(5) that is not owned by a utility; and
1.19(6) that has at least two subscribers.
1.20    Subd. 3. Facility manager. "Facility manager" means an entity that manages a
1.21community solar generating facility for the benefit of subscribers and may, in addition,
1.22develop, construct, own, or operate the community solar generating facility. A facility
1.23manager may not be a utility, but may be:
1.24(1) a person whose sole purpose is to beneficially own and operate a community
1.25solar generating facility;
1.26(2) a Minnesota nonprofit corporation organized under chapter 317A;
1.27(3) a Minnesota cooperative association organized under chapter 308A or 308B;
2.1(4) a Minnesota political subdivision or local government including, but not limited
2.2to, a county, statutory or home rule charter city, town, school district, public or private
2.3higher education institution, or any other local or regional governmental organization such
2.4as a board, commission, or association; or
2.5(5) a tribal council.
2.6    Subd. 4. Renewable energy credit. "Renewable energy credit" has the meaning
2.7given in section 216B.1691, subdivision 1, paragraph (d).
2.8    Subd. 5. Solar photovoltaic device. "Solar photovoltaic device" has the meaning
2.9given in section 216C.06, subdivision 16.
2.10    Subd. 6. Subscriber. "Subscriber" means a retail customer of a utility who owns
2.11one or more subscriptions of a community solar generating facility interconnected with
2.12that utility. A facility manager may be a subscriber.
2.13    Subd. 7. Subscription. "Subscription" means a contract between a subscriber and a
2.14community solar generating facility that has a term of no less than 20 years and that
2.15provides to the subscriber a portion of the generation of the community solar generating
2.16facility and a corresponding proportion of the electricity generated by the community
2.17solar generating facility.
2.18    Subd. 8. Utility. "Utility" means a utility subject to section 216B.164.

2.19    Sec. 15. [216B.1642] SUBSCRIPTIONS.
2.20    Subdivision 1. Presale of subscriptions. A community solar generating facility
2.21may not commence construction of the facility until contracts have been executed for
2.22subscriptions, excluding the subscription of the facility manager, that represent 80 percent
2.23of the proposed nameplate capacity of the community solar generating facility.
2.24    Subd. 2. Size. (a) A subscription must be a portion of the community solar generating
2.25facility's nameplate capacity sized so as to produce no more than 120 percent of the annual
2.26average amount of electricity consumed over the previous three years at the site where the
2.27subscriber's meter is located. If the site is newly constructed, the subscription must be sized
2.28based on 120 percent of the average annual amount of electricity consumed by a facility of
2.29similar size and type in the utility's service area, as determined by the facility manager.
2.30(b) A subscriber may not own one or more subscriptions whose total capacity
2.31exceeds the maximum capacity allowed for a qualifying facility subject to section
2.32216B.164, subdivision 3.
2.33(c) A facility manager may not own subscriptions whose total capacity exceeds the
2.34maximum subscription size allowed under paragraph (a) plus ten percent of the remaining
3.1available nameplate capacity in the community solar generating facility, subject to the
3.2limit in paragraph (b).
3.3(d) The maximum subscription size for a subscriber consuming electricity generated
3.4from an eligible energy technology, as defined in section 216B.1691, subdivision 1, at any
3.5time during the term of the subscriber's subscription, is the maximum subscription size
3.6allowed under paragraph (a) minus the nameplate capacity of the eligible energy technology
3.7device providing electricity to the subscriber, subject to the limit in paragraph (b).
3.8    Subd. 3. Certification. Prior to the sale of a subscription, a facility manager
3.9must provide certification to the subscriber signed by the facility manager under penalty
3.10of perjury:
3.11(1) identifying the rate of insolation at the community solar generating facility;
3.12(2) certifying that the solar photovoltaic devices employed by the community solar
3.13generating facility to generate electricity have an electrical energy degradation rate of no
3.14more than 0.5 percent annually; and
3.15(3) certifying that the community solar generating facility is in full compliance with
3.16all applicable federal and state utility, securities, and tax laws.
3.17    Subd. 4. On-site subscriber. A subscriber who owns the property on which
3.18a community solar generating facility is located has no more rights with respect to
3.19subscription size or price than any other subscriber.
3.20    Subd. 5. Subscription prices. The price for a subscription to a community solar
3.21generating facility is not subject to regulation by the commission and is negotiated
3.22between the prospective subscriber and the facility manager.
3.23    Subd. 6. Subscription transfer. A subscriber that terminates the contract between
3.24the subscriber and the community solar generating facility must transfer the subscription
3.25to a person eligible to be a subscriber or to the facility manager at a price negotiated
3.26by both parties.
3.27    Subd. 7. New subscribers. Within 30 days of the execution of a contract between the
3.28community solar generating facility and a new subscriber, the facility manager shall submit
3.29the following information to the utility serving the community solar generating facility:
3.30(1) the new subscriber's name, address, number of meters, and utility customer
3.31account; and
3.32(2) the share of the community solar generating facility's nameplate capacity owned
3.33by the new subscriber.
3.34    Subd. 8. Meter change. A subscriber that moves to a different property served by
3.35the community solar generating facility from the property at which the subscriber resided
3.36at the time the contract between the subscriber and the community solar generating facility
4.1was executed, or that changes the number of meters attached to the subscriber's account,
4.2must notify the facility manager within 30 days of the change.
4.3    Subd. 9. Renewable energy credits. (a) Notwithstanding any other law, a
4.4subscriber owns the renewable energy credits associated with the electricity allocated to
4.5the subscriber's subscription. A utility or facility manager may purchase renewable energy
4.6credits under a contract with a subscriber.
4.7(b) Renewable energy credits may not be assigned to a utility as a condition of entering
4.8into a contract or an interconnection agreement with a community solar generating facility.
4.9    Subd. 10. Disputes. The dispute resolution provisions available under section
4.10216B.164 shall be used to resolve disputes between a facility manager and the utility
4.11serving the community solar generating facility.

4.12    Sec. 16. [216B.1643] DISPOSITION OF ELECTRICITY GENERATED.
4.13    Subdivision 1. Allocation. (a) The total amount of electricity available for allocation
4.14to all subscribers of a community solar generating facility shall be determined by a
4.15production meter installed by the utility.
4.16(b) The total amount of electricity available to a subscriber shall be the total amount
4.17of electricity available for allocation to all subscribers of a community solar generating
4.18facility prorated by a subscriber's subscription size in relation to the nameplate capacity of
4.19the community solar generating facility.
4.20(c) A subscriber may not resell electricity governed by the subscriber's contract
4.21with a community solar generating facility.
4.22(d) All electricity generated by a community solar generating facility that is not
4.23allocated to or consumed by subscribers must be sold to the utility interconnected with
4.24the community solar generating facility.
4.25    Subd. 2. Utility purchases. The utility to which the community solar generating
4.26facility is interconnected shall purchase all electricity generated by the community solar
4.27generating facility that is not consumed by subscribers. The price paid to the community
4.28solar generating facility by the utility is governed by section 216B.164, or any law that
4.29governs the price a utility must pay to purchase electricity from a solar photovoltaic device.
4.30    Subd. 3. Interconnection. The commission shall establish uniform fees for the
4.31interconnection of a community solar generating facility with a utility.
4.32    Subd. 4. Nonutility status. Notwithstanding section 216B.02, a community solar
4.33generating facility is not a public utility.

4.34    Sec. 17. [216B.1644] BILLING.
5.1    Subdivision 1. Billing procedure. A subscriber to a community solar generating
5.2facility must be:
5.3(1) charged by the utility interconnected with the community solar generating
5.4facility the utility's applicable rate schedule for sales to that class of customer for all
5.5electricity consumed by the subscriber;
5.6(2) paid by the utility the maximum rate allowable under section 216B.164, or
5.7any other law that may govern the price a utility must pay to purchase electricity from
5.8a solar photovoltaic device, for a portion of all electricity the utility purchases from
5.9the community solar generating facility that is equal to the ratio of the subscriber's
5.10subscription to the nameplate capacity of the community solar generating facility;
5.11(3) provided by the utility with a monthly bill that contains, in addition to the
5.12amounts in clauses (1) and (2), the net amount owed to the utility or net credit realized by
5.13the owner for that month and on a year-to-date basis; and
5.14(4) provided by the utility with a meter that allows for the separate calculation of the
5.15amount of electricity consumed and generated at the property.
5.16    Subd. 2. Billing system. The Department of Commerce shall, by January 1, 2014,
5.17establish a uniform administrative system to credit the utility accounts of subscribers to a
5.18community solar generating facility. In determining the uniform administrative system, the
5.19commission shall solicit comments and recommendations from utilities, ratepayers, and
5.20other interested parties, and shall review commercially available administrative systems
5.21and administrative systems used in jurisdictions where entities similar to community
5.22solar generating facilities are operating.
5.23    Subd. 3. Commission proceeding; rate adjustment. By September 1, 2014, the
5.24commission shall initiate a proceeding to examine whether the rate paid by a utility to
5.25purchase energy from a community solar generating facility under section 216B.1643,
5.26subdivision 2, should be adjusted to reflect the actual fixed costs incurred by a utility to
5.27provide service to a community solar generating facility."
5.28Page 16, after line 23, insert:

5.29    "Sec. 21. Minnesota Statutes 2012, section 216B.40, is amended to read:
5.30216B.40 EXCLUSIVE SERVICE RIGHT; SERVICE EXTENSION.
5.31Except as provided in sections 216B.42 and 216B.421, each electric utility shall
5.32have the exclusive right to provide electric service by electric line at retail to each and
5.33every present and future customer in its assigned service area and no electric utility shall
5.34render or extend electric service at retail within the assigned service area of another
5.35electric utility unless the electric utility consents thereto in writing; provided that any
5.36electric utility may extend its facilities through the assigned service area of another
6.1electric utility if the extension is necessary to facilitate the electric utility connecting its
6.2facilities or customers within its own assigned service area.
6.3EFFECTIVE DATE.This section is effective the day following final enactment."
6.4Renumber the sections in sequence and correct the internal references
6.5Amend the title accordingly