1.1.................... moves to amend H.F. No. 2834, the first engrossment, as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2012, section 216B.098, subdivision 5, is amended to
1.4read:
1.5 Subd. 5.
Medically necessary equipment. (a) A utility shall reconnect or
1.6continue service to a customer's residence where a medical emergency exists or where
1.7medical equipment requiring electricity necessary to sustain life is in use, provided that
1.8the utility receives
from a medical doctor written certification, or initial certification by
1.9telephone and written certification within five business days, that failure to reconnect or
1.10continue service will impair or threaten the health or safety of a resident of the customer's
1.11household.
The customer must enter into a payment agreement.
1.12(b) Certification of the necessity for service is required. Certification may be
1.13provided by:
1.14(1) a licensed medical doctor;
1.15(2) a licensed or registered physician's assistant;
1.16(3) a licensed or registered nurse practitioner; or
1.17(4) a registered nurse, but only to the extent of verifying the current diagnosis or
1.18prescriptions made by a licensed medical doctor for the customer or member of the
1.19customer's household.
1.20(c) Except as provided in paragraph (d), a certification may not extend beyond six
1.21months from the date of written certification.
1.22(d) If a utility determines that a longer certification is appropriate given a particular
1.23customer's circumstances, the utility may, at its sole discretion, extend the duration of a
1.24certification for up to 12 months.
1.25(e) A certification may be renewed, provided that the renewal complies with this
1.26subdivision. A certification may be renewed by the same or another medical professional
1.27who meets the qualifications of paragraph (b).
2.1(f) A customer whose account is in arrears must contact and enter into a payment
2.2agreement with the utility. The payment agreement must consider a customer's financial
2.3circumstances and any extenuating circumstances of the household. The payment
2.4agreement may, at the discretion of the utility, contain a provision by which the utility
2.5forgives all or a portion of the amount in which the account is in arrears, which, if
2.6implemented, extinguishes individual liability for the amount forgiven.
2.7 Sec. 2. Minnesota Statutes 2012, section 216B.16, subdivision 14, is amended to read:
2.8 Subd. 14.
Low-income electric rate discount. A public utility shall fund an
2.9affordability program for low-income customers
in an amount based on a 50 percent electric
2.10rate discount on the first 400 kilowatt-hours consumed in a billing period for low-income
2.11residential customers of the utility at a base annual funding level of $8,000,000. The annual
2.12funding level shall increase in the calendar years subsequent to each commission approval
2.13of a rate increase for the public utility's residential customers by the same percentage as the
2.14approved residential rate increase. Costs for the program shall be included in the utility's
2.15base rate. For the purposes of this subdivision, "low-income" describes a customer who is
2.16receiving assistance from the federal low-income home energy assistance program. The
2.17affordability program must be designed to target participating customers with the lowest
2.18incomes and highest energy costs in order to lower the percentage of income they devote
2.19to energy bills, increase their payments,
lower utility service disconnections, and
lower
2.20 decrease costs associated with collection activities on their accounts. For low-income
2.21customers who are 62 years of age or older or disabled, the program must
, in addition to
2.22any other program benefits, include a
50 percent electric rate discount on the first 400
2.23kilowatt-hours consumed in a $15 discount in each billing period. For the purposes of this
2.24subdivision, "public utility" includes only those public utilities with more than 200,000
2.25residential electric service customers. The commission may issue orders necessary to
2.26implement, administer, and recover the costs of the program on a timely basis.
2.27EFFECTIVE DATE.This section is effective October 1, 2014.
2.28 Sec. 3. Minnesota Statutes 2012, section 216B.1611, is amended by adding a
2.29subdivision to read:
2.30 Subd. 3a. Project information. (a) Beginning July 1, 2014, each electric utility
2.31shall request an applicant for interconnection of distributed renewable energy generation
2.32to provide the following information, in a format prescribed by the commissioner:
2.33(1) the nameplate capacity of the facility in the application;
2.34(2) the total preincentive installed cost of the generation system at the facility;
3.1(3) the energy source of the facility; and
3.2(4) the zip code in which the facility is to be located.
3.3(b) The commissioner shall develop or identify a system to collect and process
3.4the information under this subdivision for each utility, and make nonproject-specific
3.5data available to the public on a periodic basis as determined by the commissioner, and
3.6in a format determined by the commissioner. The commissioner may solicit proposals
3.7from outside parties to develop the system.
3.8(c) Electric utilities collecting and transferring data under this subdivision are not
3.9responsible for the accuracy, completeness, or quality of the information under this
3.10subdivision.
3.11(d) Except as provided in paragraph (b), any information provided by an applicant
3.12to the commissioner under this subdivision is nonpublic.
3.13EFFECTIVE DATE.This section is effective July 1, 2014, and applies to
3.14applications received on and after that date.
3.15 Sec. 4.
[216B.1614] ELECTRIC VEHICLE CHARGING TARIFF.
3.16 Subdivision 1. Definitions. (a) For the purposes of this section, the terms defined in
3.17this subdivision have the meanings given them.
3.18(b) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a.
3.19(c) "Public utility" has the meaning given in section 216B.02, subdivision 4.
3.20(d) "Renewable energy" has the meaning given in section 216B.169, subdivision 2,
3.21paragraph (d).
3.22 Subd. 2. Required tariff. (a) By February 1, 2015, each public utility selling
3.23electricity at retail must file with the commission a tariff that allows a customer to purchase
3.24electricity solely for the purpose of recharging an electric vehicle. The tariff must:
3.25(1) contain a time-of-day or off-peak rate;
3.26(2) offer a customer the option to purchase electricity:
3.27(i) from the utility's current mix of energy supply sources; or
3.28(ii) entirely from renewable energy sources, subject to the conditions established
3.29under section 216B.169, subdivision 2, paragraph (b), and subdivision 3, paragraph (a); and
3.30(3) be made available to the residential customer class.
3.31 (b) The public utility may, at its discretion, offer the tariff to other customer classes.
3.32(c) The commission shall, after notice and opportunity for public comment, approve,
3.33modify, or reject the tariff. The commission may approve the tariff if the public utility
3.34has demonstrated that the tariff:
3.35(1) appropriately reflects off-peak versus peak cost differences in the rate charged;
4.1(2) includes a mechanism to allow the recovery of costs reasonably necessary to
4.2comply with this section, including costs to inform and educate customers about the
4.3financial, energy conservation, and environmental benefits of electric vehicles and to
4.4publicly advertise and promote participation in the customer-optional tariff;
4.5(3) provides for clear and transparent customer billing statements including, but not
4.6limited to, the amount of energy consumed under the tariff; and
4.7(4) incorporates the cost of metering or submetering within the rate charged to
4.8the customer.
4.9(d) Within 60 days of commission approval of a public utility's tariff filed under this
4.10section, the public utility shall make the tariff available to customers.
4.11(e) The utility may at any time propose revisions to a tariff filed under this
4.12subdivision based on changing costs or conditions.
4.13 Subd. 3. Data reporting. Each public utility providing a tariff under this section shall
4.14periodically report to the commission, as established by the commission, and on a form
4.15prescribed by the commission, the following information, presented on a per-quarter basis:
4.16(1) the number of customers who have arranged to purchase electricity under the
4.17tariff;
4.18(2) the total amount of electricity sold under the tariff; and
4.19(3) other data required by the commission.
4.20EFFECTIVE DATE.This section is effective the day following final enactment.
4.21 Sec. 5. Minnesota Statutes 2012, section 216B.241, is amended by adding a
4.22subdivision to read:
4.23 Subd. 5d. On-bill loan repayment programs. (a) For the purposes of this
4.24subdivision:
4.25(1) "utility" means a public utility, municipal utility, or cooperative electric
4.26association that provides electric or natural gas service to retail customers; and
4.27(2) "on-bill loan repayment program" means a program in which a utility collects
4.28on a customer's bill repayment of a loan to the customer by an eligible lender to finance
4.29the customer's investment in eligible energy conservation or renewable energy projects,
4.30and remits loan repayments to the lender.
4.31(b) A utility may include as part of its conservation improvement plan an on-bill
4.32loan repayment program to enable a customer to finance eligible projects with installment
4.33loans originated by an eligible lender. An eligible project is one that is either an energy
4.34conservation improvement, or a project that uses an eligible renewable energy source as
4.35that term is defined in section 216B.2411, subdivision 2, paragraph (b), but does not
5.1include mixed municipal solid waste or refuse-derived fuel from mixed municipal solid
5.2waste. An eligible renewable energy source also includes solar thermal technology that
5.3collects the sun's radiant energy and transfers it to a storage medium for distribution as
5.4energy to heat or cool air or water, and meets the requirements of section 216C.25. To be
5.5an eligible lender, a lender must:
5.6(1) have a federal or state charter and be eligible for federal deposit insurance; or
5.7(2) be a government entity, including an entity established under chapter 469, that
5.8has authority to provide financial assistance for energy efficiency and renewable energy
5.9projects.
5.10The commissioner must allow a utility broad discretion in designing and implementing an
5.11on-bill loan repayment program, provided that the program complies with this subdivision.
5.12(c) A utility may establish an on-bill loan repayment program for all customer
5.13classes or for a specific customer class.
5.14(d) A public utility that implements an on-bill repayment program under this
5.15subdivision must enter into a contract with one or more eligible lenders that complies
5.16with the requirements of this subdivision and contains provisions addressing capital
5.17commitments, loan origination, transfer of loans to the public utility for on-bill loan
5.18repayment, and acceptance of loans returned due to delinquency or default.
5.19(e) A public utility's contract with a lender must require the lender to comply with all
5.20applicable federal and state laws, rules, and regulations related to lending practices and
5.21consumer protection, and to conform to reasonable and prudent lending standards.
5.22(f) A public utility's contract with a lender may provide:
5.23(1) for the public utility to purchase loans from the lender with a condition that the
5.24lender must purchase back loans in delinquency or default; or
5.25(2) for the lender to retain ownership of loans with the public utility servicing the
5.26loans through on-bill repayment as long as payments are current.
5.27The risk of default must remain with the lender. The lender shall not have recourse against
5.28the public utility except in the event of negligence or breach of contract by the utility.
5.29(g) If a public utility customer makes a partial payment on a utility bill that includes
5.30a loan installment, the partial payment must be credited first to the amount owed for
5.31utility service, including taxes and fees. A public utility may not suspend or terminate
5.32a customer's utility service for delinquency or default on a loan that is being serviced
5.33through the public utility's on-bill loan repayment program.
5.34(h) An outstanding balance on a loan being repaid under this subdivision is a financial
5.35obligation only of the customer who is signatory to the loan, and not to any subsequent
5.36customer occupying the property associated with the loan. If the utility purchases loans
6.1from the lender as authorized under paragraph (f), clause (1), the utility must return to the
6.2lender a loan not repaid when a customer borrower no longer occupies the property.
6.3(i) Costs incurred by a public utility under this subdivision are recoverable as provided
6.4in section 216B.16, subdivision 6b, paragraph (c), including reasonable incremental costs
6.5for billing system modifications necessary to implement and operate an on-bill loan
6.6repayment program and for ongoing costs to operate the program. Approved costs may be
6.7counted toward a utility's conservation spending requirements under subdivisions 1a and
6.81b. Energy savings from energy conservation improvements resulting from this section
6.9may be counted toward satisfying a utility's energy-savings goals under subdivision 1c.
6.10(j) This subdivision does not require a utility to terminate or modify an existing
6.11financing program and does not prohibit a utility from establishing an on-bill financing
6.12program in which the utility provides the financing capital.
6.13(k) A municipal utility or cooperative electric association that implements an on-bill
6.14loan repayment program shall design the program to address the issues identified in
6.15paragraphs (d) to (h) as determined by the governing board of the utility or association.
6.16 Sec. 6. Minnesota Statutes 2012, section 216B.2422, is amended by adding a
6.17subdivision to read:
6.18 Subd. 2c. Long-range emission reduction planning. Each utility required to file
6.19a resource plan under this section shall include in the filing a narrative identifying and
6.20describing the costs, opportunities, and technical barriers to the utility continuing to make
6.21progress on its system toward achieving the state greenhouse gas emission reduction goals
6.22established in section 216H.02, subdivision 1, and the technologies, alternatives, and steps
6.23the utility is considering to address those opportunities and barriers.
6.24 Sec. 7. Minnesota Statutes 2012, section 216B.243, subdivision 8, is amended to read:
6.25 Subd. 8.
Exemptions. This section does not apply to:
6.26(1) cogeneration or small power production facilities as defined in the Federal Power
6.27Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and
6.28paragraph (18), subparagraph (A), and having a combined capacity at a single site of less
6.29than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or
6.30any case where the commission has determined after being advised by the attorney general
6.31that its application has been preempted by federal law;
6.32(2) a high-voltage transmission line proposed primarily to distribute electricity to
6.33serve the demand of a single customer at a single location, unless the applicant opts to
6.34request that the commission determine need under this section or section
216B.2425;
7.1(3) the upgrade to a higher voltage of an existing transmission line that serves the
7.2demand of a single customer that primarily uses existing rights-of-way, unless the applicant
7.3opts to request that the commission determine need under this section or section
216B.2425;
7.4(4) a high-voltage transmission line of one mile or less required to connect a new or
7.5upgraded substation to an existing, new, or upgraded high-voltage transmission line;
7.6(5) conversion of the fuel source of an existing electric generating plant to using
7.7natural gas;
or
7.8(6) the modification of an existing electric generating plant to increase efficiency,
7.9as long as the capacity of the plant is not increased more than ten percent or more than
7.10100 megawatts, whichever is greater
; or
7.11(7) a wind energy conversion system or solar electric generation facility if the system
7.12or facility is owned and operated by an independent power producer and the electric
7.13output of the system or facility is not sold to an entity that provides retail or wholesale
7.14electric service in Minnesota other than an entity that is a federally recognized regional
7.15transmission organization or independent system operator.
7.16EFFECTIVE DATE.This section is effective the day following final enactment.
7.17 Sec. 8. Minnesota Statutes 2012, section 216E.01, is amended by adding a subdivision
7.18to read:
7.19 Subd. 8a. Solar energy generating system. "Solar energy generating system"
7.20means a set of devices whose primary purpose is to produce electricity by means of any
7.21combination of collecting, transferring, or converting solar-generated energy.
7.22 Sec. 9.
[216E.021] SOLAR ENERGY SYSTEM SIZE DETERMINATION.
7.23(a) This section must be used to determine whether a combination of solar energy
7.24generating systems meets the definition of large electric power generating plant and is
7.25subject to the commission's siting authority jurisdiction under this chapter. The alternating
7.26current nameplate capacity of one solar energy generating system must be combined with
7.27the alternating current nameplate capacity of any other solar energy generating system that:
7.28(1) is constructed within the same 12-month period as the solar energy generating
7.29system; and
7.30(2) exhibits characteristics of being a single development, including but not limited
7.31to ownership structure, an umbrella sales arrangement, shared interconnection, revenue
7.32sharing arrangements, and common debt or equity financing.
7.33(b) The commissioner of commerce shall provide forms and assistance for applicants
7.34to make a request for a size determination. Upon written request of an applicant, the
8.1commissioner shall provide a written size determination within 30 days of receipt of the
8.2request and of any information requested by the commissioner. In the case of a dispute,
8.3the chair of the Public Utilities Commission shall make the final size determination.
8.4 Sec. 10. Minnesota Statutes 2012, section 216E.04, subdivision 2, is amended to read:
8.5 Subd. 2.
Applicable projects. The requirements and procedures in this section
8.6apply to the following projects:
8.7(1) large electric power generating plants with a capacity of less than 80 megawatts;
8.8(2) large electric power generating plants that are fueled by natural gas;
8.9(3) high-voltage transmission lines of between 100 and 200 kilovolts;
8.10(4) high-voltage transmission lines in excess of 200 kilovolts and less than five miles
8.11in length in Minnesota;
8.12(5) high-voltage transmission lines in excess of 200 kilovolts if at least 80 percent
8.13of the distance of the line in Minnesota will be located along existing high-voltage
8.14transmission line right-of-way;
8.15(6) a high-voltage transmission line service extension to a single customer between
8.16200 and 300 kilovolts and less than ten miles in length;
and
8.17(7) a high-voltage transmission line rerouting to serve the demand of a single
8.18customer when the rerouted line will be located at least 80 percent on property owned or
8.19controlled by the customer or the owner of the transmission line
; and
8.20(8) large electric power generating plants that are powered by solar.
8.21 Sec. 11.
[500.216] LIMITS ON CERTAIN RESIDENTIAL SOLAR ENERGY
8.22SYSTEMS PROHIBITED.
8.23 Subdivision 1. General rule. A private entity may not prohibit or refuse to permit
8.24installation, maintenance, or use of a roof-mounted solar energy system by the owner of a
8.25single-family dwelling.
8.26 Subd. 2. Applicability. This section applies to single-family dwellings, whether
8.27attached or detached, where:
8.28(1) the unit boundaries are boundaries of platted lots;
8.29(2) there are no upper or lower boundaries; and
8.30(3) the unit owner is responsible for maintenance, repair, replacement, and insurance
8.31of the unit roof.
8.32 Subd. 3. Definitions. (a) The definitions in this subdivision apply to this section.
8.33(b) "Private entity" means a homeowners association, community association,
8.34planned community, or any other nongovernmental entity.
9.1(c) "Homeowners association document" means a document containing the
9.2declaration, articles of incorporation, bylaws, or rules and regulations of:
9.3(1) a common interest community, as defined in section 515B.1-103, regardless of
9.4whether the common interest community is subject to chapter 515B; and
9.5(2) a residential community that is not a common interest community.
9.6(d) "Solar energy system" has the meaning given in section 216C.06, subdivision 17.
9.7 Subd. 4. Allowable conditions. (a) This section does not prohibit a private entity
9.8from requiring that:
9.9(1) a licensed contractor install a solar energy system;
9.10(2) a roof-mounted solar energy system not extend above the peak or beyond the
9.11edge of the roof;
9.12(3) the owner or installer of a solar energy system indemnify or reimburse the private
9.13entity or its members for loss or damage caused by the installation, maintenance, use,
9.14repair, or removal of a solar energy system;
9.15(4) the owner and each successive owner of a solar energy system list the private
9.16entity as a certificate holder on the homeowner's insurance policy; or
9.17(5) the owner and each successive owner of a solar energy system be responsible for
9.18removing the system if reasonably necessary for the repair, maintenance, or replacement
9.19of common elements or limited common elements, as defined in section 515B.1-103.
9.20(b) A private entity may impose other reasonable restrictions on the installation,
9.21maintenance, or use of solar energy systems, provided that those restrictions do not decrease
9.22the projected generation of energy by a solar energy system by more than 20 percent or
9.23increase its cost by more than (1) 20 percent, for a solar water heater, or (2) $2,000, for a
9.24solar photovoltaic system, compared with the generation of energy and the cost of labor
9.25and materials certified by the designer or installer of the solar energy system as originally
9.26proposed without the restrictions. A private entity may obtain an alternative bid and
9.27design from a solar energy system designer or installer for the purposes of this paragraph.
9.28(c) A solar energy system must meet applicable standards and requirements imposed
9.29by the state and by governmental units, as defined in section 462.384.
9.30(d) A solar energy system for heating water must be certified by the Solar Rating
9.31Certification Corporation (SRCC) or an equivalent certification agency. A solar energy
9.32system for producing electricity must meet all applicable safety and performance standards
9.33established by the National Electrical Code, the Institute of Electrical and Electronics
9.34Engineers, and accredited testing laboratories, including, but not limited to, Underwriters
9.35Laboratories and, where applicable, rules of the Public Utilities Commission regarding
9.36safety and reliability.
10.1(e) If approval by a private entity is required for the installation or use of a solar
10.2energy system, the application for approval must be processed and approved in the same
10.3manner as an application for approval of an architectural modification to the property,
10.4and must not be willfully avoided or delayed. A private entity shall approve or deny an
10.5application in writing. If an application is not denied in writing within 60 days from the
10.6date of receipt of the application, the application is deemed approved unless the delay is
10.7the result of a reasonable request for additional information.
10.8 Sec. 12. Minnesota Statutes 2012, section 515.07, is amended to read:
10.9515.07 COMPLIANCE WITH COVENANTS, BYLAWS, AND RULES.
10.10Each apartment owner shall comply strictly with the bylaws and with the
10.11administrative rules adopted pursuant thereto, as either of the same may be lawfully
10.12amended from time to time, and with the covenants, conditions, and restrictions set forth in
10.13the declaration or in the owner's deed to the apartment. Failure to comply with any of the
10.14same shall be ground for an action to recover sums due, for damages or injunctive relief or
10.15both maintainable by the manager or board of directors on behalf of the association of
10.16apartment owners or, in a proper case, by an aggrieved apartment owner. This chapter is
10.17subject to
section sections 500.215
and 500.216.
10.18 Sec. 13. Minnesota Statutes 2012, section 515B.2-103, is amended to read:
10.19515B.2-103 CONSTRUCTION AND VALIDITY OF DECLARATION AND
10.20BYLAWS.
10.21(a) All provisions of the declaration and bylaws are severable.
10.22(b) The rule against perpetuities may not be applied to defeat any provision of
10.23the declaration or this chapter, or any instrument executed pursuant to the declaration
10.24or this chapter.
10.25(c) In the event of a conflict between the provisions of the declaration and the
10.26bylaws, the declaration prevails except to the extent that the declaration is inconsistent
10.27with this chapter.
10.28(d) The declaration and bylaws must comply with
section sections 500.215
and
10.29500.216.
10.30 Sec. 14. Laws 2013, chapter 57, section 2, is amended to read:
10.31 Sec. 2.
TRANSMISSION LINE; CERTIFICATE OF NEED REQUIRED
10.32AND EVIDENCE REQUIRED.
11.1(a) A high-voltage transmission line with a capacity of 100 kilovolts or more proposed
11.2to be located within a city in the metropolitan area as defined in Minnesota Statutes,
11.3section
473.121, subdivision 2, for which a route permit application was filed between
11.4June 2011 and August 2011, and a certificate of need application was filed between June
11.52012 and August 2012, to rebuild approximately eight miles of 69 kilovolt transmission
11.6with a high-voltage transmission line to meet local area distribution needs, must be
11.7approved in a certificate of need proceeding conducted under Minnesota Statutes, section
11.8216B.243
. The certificate of need may be approved only if the commission finds by clear
11.9and convincing evidence that there is no feasible and available distribution level alternative
11.10to the transmission line. In making its findings the commission shall consider the factors
11.11provided in applicable law and rules including, without limitation, cost-effectiveness,
11.12energy conservation, and the protection or enhancement of environmental quality.
11.13(b) Further proceedings regarding the routing of a high-voltage transmission line
11.14described in this section shall be suspended until the Public Utilities Commission has
11.15made a determination that the transmission line is needed.
11.16(c) If an application for a certificate of need described in paragraph (a) is withdrawn
11.17or otherwise abandoned, this section shall apply to any high-voltage transmission line of
11.18100 kilovolts or more proposed to meet the same needs as the line described in paragraph
11.19(a) and that follows a route that is similar to that of the line subject to paragraph (a). In
11.20addition, a certificate of need for a line subject to this paragraph is not effective until
11.2130 days following the adjournment of the regular legislative session next following
11.22commission approval of the certificate of need.
11.23EFFECTIVE DATE.This section is effective the day following final enactment.
11.24 Sec. 15.
LEGISLATIVE ENERGY COMMISSION; PROPANE CONVERSION
11.25STRATEGIES.
11.26(a) The Legislative Energy Commission is required to investigate the feasibility of
11.27converting propane gas users to alternative sources of energy, including, but not limited
11.28to, renewable technologies, such as geothermal ground-source heat pumps and solar
11.29thermal, and non-renewable sources, such as natural gas. The investigation, among other
11.30things, should assess the technical and economic issues for converting nonmetropolitan
11.31users of propane to users of alternative sources of heat. The investigation should assess
11.32to what extent increased residential weatherization efforts could decrease the need for
11.33delivered fuels.
11.34(b) The commission is requested to complete its investigations so that any
11.35recommendations for legislation are completed by January 15, 2015.
12.1EFFECTIVE DATE.This section is effective the day following final enactment."
12.2Amend the title accordingly