piers109uk/MN-Statutes huggingface dataset:
216B.0951 PROPANE PREPURCHASE PROGRAM.
The commissioner of commerce shall operate, or contract to operate, a propane fuel prepurchase fuel program. The commissioner may contract at any time of the year to purchase the lesser of one-third of the liquid propane fuel consumed by low-income home energy assistance program recipients during the previous heating season or the amount that can be purchased with available funds. The propane fuel prepurchase program must be available statewide through each local agency that administers the energy assistance program. The commissioner may decide to limit or not engage in prepurchasing if the commissioner finds that there is a reasonable likelihood that prepurchasing will not provide fuel-cost savings.
The commissioner may establish a hedge account with realized program savings due to prepurchasing. The account must be used to compensate program recipients an amount up to the difference in cost for fuel provided to the recipient if winter-delivered fuel prices are lower than the prepurchase or summer-fill price. No more than ten percent of the aggregate prepurchase program savings may be used to establish the hedge account.
The Department of Commerce shall issue a report by June 30, 2008, made available electronically on its website and in print upon request, that contains the following information:
(1) the cost per gallon of prepurchased fuel;
(2) the total gallons of fuel prepurchased;
(3) the average cost of propane each month between October and the following April;
(4) the number of energy assistance program households receiving prepurchased fuel; and
(5) the average savings accruing or benefit increase provided to energy assistance households.
211B.37 COSTS ASSESSED.
Except as otherwise provided in section 211B.36, subdivision 3, the chief administrative law judge shall assess the cost of considering complaints filed under section 211B.32 as provided in this section. Costs of complaints relating to a statewide ballot question or an election for a statewide or legislative office must be paid from appropriations to the Office of Administrative Hearings for this purpose. Costs of complaints relating to any other ballot question or elective office must be paid from appropriations to the office for this purpose.
211B.35 EVIDENTIARY HEARING BY PANEL.
When required by section 211B.33, subdivision 2, paragraph (c), or by section 211B.34, subdivision 2 or 3, the chief administrative law judge must assign the complaint to a panel of three administrative law judges for an evidentiary hearing. The hearing must be held within the following times:
(1) ten days after the complaint was assigned to the panel, if an expedited probable cause hearing was requested or required under section 211B.33;
(2) 30 days after the complaint was filed, if it was filed within 60 days before the primary or special election or within 90 days before the general election to which the complaint relates; or
(3) 90 days after the complaint was filed, if it was filed at any other time.
For good cause shown, the panel may extend the deadline set forth in clause (2) or (3) by 60 days.
The panel must determine whether the violation alleged in the complaint occurred and must make at least one of the following dispositions:
(a) The panel may dismiss the complaint.
(b) The panel may issue a reprimand.
(c) The panel may find that a statement made in a paid advertisement or campaign material violated section 211B.06.
(d) The panel may impose a civil penalty of up to $5,000 for any violation of chapter 211A or 211B.
(e) The panel may refer the complaint to the appropriate county attorney.
The panel must dispose of the complaint:
(1) within three business days after the hearing record closes, if an expedited probable cause hearing was required by section 211B.33; and
(2) within 14 days after the hearing record closes, if an expedited probable cause hearing was not required by section 211B.33.
216C.385 CLEAN ENERGY RESOURCE TEAMS.
The legislature finds that community-based energy programs are an effective means of implementing improved energy practices including conservation, greater efficiency in energy use, and the production and use of renewable resources such as wind, solar, biomass, and biofuels. Further, community-based energy programs are found to be a public purpose for which public money may be spent.
The clean energy resource teams (CERT's) project is an innovative state, university, and nonprofit partnership that serves as a catalyst for community energy planning and projects. The mission of CERT's is to give citizens a voice in the energy planning process by connecting them with the necessary technical resources to identify and implement community-scale renewable energy and energy efficiency projects. In 2003, the Department of Commerce designated the CERT's project as a statewide collaborative venture and recognized six regional teams based on their geography: Central, Northeast, Northwest, Southeast, Southwest, and West-Central. Membership of CERT's may include but is not limited to representatives of utilities; federal, state, and local governments; small business; labor; senior citizens; academia; and other interested parties. The Department of Commerce may certify additional clean energy resource teams by regional geography, including teams in the Twin Cities metropolitan area.
In order to develop and implement community-based energy programs, a clean energy resource team may:
(1) analyze social and economic impacts caused by energy expenditures;
(2) analyze regional renewable and energy efficiency resources and opportunities;
(3) link community members and community energy projects to the knowledge and capabilities of the University of Minnesota, the State Energy Office, nonprofit organizations, and regional community members, among others;
(4) plan, set priorities for, provide technical assistance to, and catalyze local energy efficiency and renewable energy projects that help to meet state energy policy goals and maximize local economic development opportunities;
(5) provide a broad-based resource and communications network that links local, county, and regional energy efficiency and renewable energy project efforts around the state (both interregional and intraregional);
(6) seek, accept, and disburse grants and other aids from public or private sources for purposes authorized in this subdivision;
(7) provide a convening and networking function within CERT's regions to facilitate education, knowledge formation, and project replication; and
(8) exercise other powers and duties imposed on it by statute, charter, or ordinance.
The commissioner, via the clean energy resource teams, may provide professional, technical, organizational, and financial assistance to regions and communities to develop and implement community energy programs and projects, within available resources.
216B.0975 DISCONNECTION DURING EXTREME HEAT CONDITIONS.
A utility may not effect an involuntary disconnection of residential services in affected counties when an excessive heat watch, heat advisory, or excessive heat warning issued by the National Weather Service is in effect. For purposes of this section, "utility" means a public utility providing electric service, municipal utility, or cooperative electric association.
216C.390 LEGISLATIVE FINDINGS.
The legislature finds that increasing the competitiveness of Minnesota is critically important to ensuring the state's economy is strong and growing. Increasing competitiveness can be accomplished by improving productivity, improving competition, and improving investments.
216B.0976 NOTICE OF UTILITY DISCONNECTION.
Notwithstanding section 13.685 or any other law or administrative rule to the contrary, a public utility, cooperative electric association, or municipal utility must provide notice to a statutory city or home rule charter city, and to the department, as prescribed by this section, of disconnection of a customer's gas or electric service. Upon written request from a city or the department, on October 1 and November 1 of each year, or the next business day if that date falls on a Saturday or Sunday, a report must be made available to the city or the department of the address of properties currently disconnected and the date of the disconnection. Upon written request from a city or the department, between October 1 and April 30, daily reports must be made available of the address and date of any newly disconnected properties.
A city provided notice under this section must provide the information on disconnection to the police and fire departments of the city within three business days of receipt of the notice.
For the purpose of this section, "disconnection" means a cessation of services initiated by the public utility, cooperative electric association, or municipal utility that affects the primary heat source of a residence and service is not reconnected within 24 hours.
Data on customers that are provided under subdivision 1 are private data on individuals or nonpublic data, as defined in section 13.02.
216.25 APPEALS.
Any party to a contested case before the commission may appeal from the decision and order of the commission in accordance with chapter 14.
216.26 DISMISSAL IN CERTAIN CASES; PROCEDURE.
When in any proceedings pending before it relating to or involving the reasonableness of rates, fares, charges, or classifications, the commission shall decide that it has not jurisdiction for the reason that the traffic covered by such rates, fares, charges, and classifications is interstate commerce, it shall make an order dismissing the proceeding, stating therein the ground of such dismissal, which order may be appealed from in like manner as other appealable orders of the commission.
If in any such proceeding one of the commissioners shall dissent from the order of dismissal, the question of its jurisdiction shall be certified to the district court of a county to which an appeal might be taken and thereupon the commission shall notify all parties to the proceedings of such certification, stating the county and date thereof.
216B.0991 DEFINITIONS.
For the purposes of sections 216B.0991 to 216B.0995, the terms defined in this section have the meanings given them.
"Customer" means a person who has an established relationship with a propane distributor and whose propane system meets the safety guidelines established by the propane distributor for residential heating service.
"LIHEAP" means the low-income home energy assistance program.
"Propane distributor" means a person who sells propane at retail to customers as their primary residential heat source; propane distributors are not public utilities.
"Residential heating service" means the provision of the primary source of heat for the interior of a residential structure.
216.27 FILING APPEAL PAPERS; EFFECT.
When an appeal is taken, the commission shall file with the clerk of the appellate courts the documents described by the Rules of Civil Appellate Procedure. The court of appeals shall have full jurisdiction to hear and determine the matter appealed. The proceeding shall be governed by the Rules of Civil Appellate Procedure. If the order of the commission is reversed, upon filing a copy of the order of reversal with the commission, it shall proceed to determine the reasonableness of the rates, fares, charges, and classification on the merits.
216B.0992 PRICE AND FEE DISCLOSURE.
A propane distributor must provide a document listing the current per-gallon price of propane and all additional charges, fees, and discounts that pertain to residential heating service. The document must be:
(1) made available to the general public upon request; and
(2) provided to new customers before residential heating service is initiated.
216B.0993 BUDGET PAYMENT PLAN.
(a) A propane distributor who offers customers a budget payment plan must make that same plan available to all customers, including those who participate in the LIHEAP program.
(b) A budget payment plan must equalize a customer's estimated annual propane bill by dividing it into equal monthly payments. Any budget plan started after the propane distributor's traditional budget plan start date will be divided by the remaining months in the budget plan year. Any positive balance remaining at the end of a year may, at the customer's discretion, be provided to the customer as a cash payment or carried over as a credit on the customer's bill for the next year.
(c) A propane distributor must notify a customer on a budget payment plan of a price or fee change that may affect the monthly amount due under the budget payment plan by more than 20 percent.
(d) A propane distributor may alter or terminate the plan if a customer has failed to pay two monthly payments during the period of the budget payment plan. In lieu of the requirements of this section, the parties may enter into a mutually agreeable plan.
216C.402 GRANT PROGRAM; MANUFACTURERS' CERTIFICATION OF AUTO DEALERS TO SELL ELECTRIC VEHICLES.
A grant program is established in the department to award grants to dealers to offset the costs of obtaining the necessary training and equipment that is required by electric vehicle manufacturers in order to certify a dealer to sell electric vehicles produced by the manufacturer.
An application for a grant under this section must be made to the commissioner on a form developed by the commissioner. The commissioner must develop administrative procedures and processes to review applications and award grants under this section.
An applicant for a grant awarded under this section must be a dealer of new motor vehicles licensed under chapter 168 operating under a franchise from a manufacturer of electric vehicles.
(a) An auto dealer certification grant account is established as a separate account in the special revenue fund in the state treasury. The commissioner shall credit to the account appropriations and transfers to the account. Earnings, including interest, dividends, and any other earnings arising from assets of the account, must be credited to the account. Money in the account at the end of a fiscal year does not cancel to the general fund but remains available in the account until expended. The commissioner shall manage the account.
(b) Money in the account is appropriated to the commissioner to pay the reasonable costs of the department to administer this section.
Appropriations made to support the activities of this section must be used only to reimburse:
(1) a dealer for the reasonable costs to obtain training and certification for the dealer's employees from the electric vehicle manufacturer that awarded the franchise to the dealer;
(2) a dealer for the reasonable costs to purchase and install equipment to service and repair electric vehicles, as required by the electric vehicle manufacturer that awarded the franchise to the dealer; and
(3) the department for the reasonable costs to administer this section.
A grant awarded under this section to a single dealer must not exceed $40,000.
216B.0994 PROPANE PURCHASE CONTRACTS.
A propane distributor is prohibited from adding any service, distribution, transportation, or similar fees to customer billings for those customers who have entered into a contract for prepurchasing or capitated pricing of propane for the period of the contract provided that:
(1) the customer has met all obligations of that contract; and
(2) the propane distributor can receive product from its contracted supply points and a force majeure has not been declared by the propane distributor's supplier.
216B.0995 TERMS OF SALE.
A propane distributor with an available supply of propane must not refuse to sell propane to a customer who:
(1) pays the distributor's established price upon delivery in cash, by certified or cashier's check, or by commercial money order or its equivalent; or
(2) receives energy assistance from LIHEAP or a governmental or private agency that has funds available to pay for a delivery.
A propane distributor who accepts LIHEAP payments must, upon request, make available to its customers information regarding LIHEAP, including income eligibility and contact information for organizations accepting LIHEAP applications.
A propane distributor must not make known the names of past or present delinquent customers to other propane distributors, except in the course of a routine credit check performed when a prospective customer applies for credit privileges.
216B.10 ACCOUNTING.
The commission shall establish a system of accounts to be kept by public utilities subject to its jurisdiction. A public utility which maintains its accounts in accordance with the system of accounts prescribed by a federal agency or authority shall be deemed to be in compliance with the system of accounts prescribed by the commission. Where optional accounting is prescribed by a federal agency or authority, the commission may prescribe which option is to be followed.
Every public utility engaged directly or indirectly in any other business than that of the production, transmission or furnishing of natural gas or electric service shall, if required by the commission, keep and render separately to the commission in like manner and form the accounts of all the other business, in which case all the provisions of Laws 1974, chapter 429 shall apply to the books, accounts, papers, and records of the other business.
Every public utility is required to keep and render its books, accounts, papers, and records accurately and faithfully in the manner and form prescribed by the commission, and to comply with all directions of the commission relating to these books, accounts, papers, and records.
The commission may require any public utility to file annual reports in the form and content, having regard for the provisions of this section, as the commission may require, and special reports concerning any matter about which the commission is authorized to inquire or to keep itself informed. The commission may require the reports to be verified. The basic financial statements in the annual report of a public utility may, at the direction of the public utilities commission, be examined by an independent certified public accountant and the accountant's opinion thereof included in the annual report filed with the commission.
The commission may require the examination and audit of all accounts, and all items shall be allocated to the accounts in the manner prescribed by the commission.
[Repealed, 1981 c 142 s 3]
216B.105 CUSTOMER SHARE OF MERCURY CONTROL COSTS.
A utility selling electricity at retail shall report in a biannual bill insert the amount of the customer's total bill that represents the utility's capital and operating costs to control mercury emissions to the atmosphere as required under sections 216B.68 to 216B.688.
216B.12 RIGHT OF ENTRANCE; INSPECTION.
The commissioners and the duly authorized officers and employees of the department, during business hours, may enter upon any premises occupied by any public utility for the purpose of making examinations and tests and to inspect the accounts, books, papers, and documents of any public utility for the purpose of exercising any power provided for in Laws 1974, chapter 429, and may set up and use on the premises any apparatus and appliance necessary therefor. Such public utility shall have the right to be represented at the making of the examinations, tests, and inspections. The public utility, its officers and employees, shall facilitate the examinations, tests, and inspections by giving every reasonable aid to the commissioners and any person or persons designated by the department for the duties aforesaid.
[Repealed, 1981 c 142 s 3]
216B.13 PRODUCTION AND EXAMINATION OF RECORDS.
The commission may require, by order served on any public utility in the manner provided herein for the service of orders, the production within this state at a reasonable time and place as the commission may designate, of any books, accounts, papers, or records of the public utility relating to its business or affairs within the state, pertinent to any lawful inquiry and kept by said public utility in any office or place within or without this state, or, at its option, verified or photostatic copies in lieu thereof, so that an examination thereof may be made by the commission or under its direction.
[Repealed, 1981 c 142 s 3]
216B.11 DEPRECIATION RATES AND PRACTICES.
The commission shall fix proper and adequate rates and methods of depreciation, amortization, or depletion in respect of utility property, and every public utility shall conform its depreciation, amortization or depletion accounts to the rates and methods fixed by the commission.
216B.14 INVESTIGATION.
The commission upon complaint or upon its own initiative and whenever it may deem it necessary in the performance of its duties may investigate and examine the condition and operation of any public utility or any part thereof. In conducting the investigations the commission may proceed either with or without a hearing as it may deem best, but it shall make no order without affording the affected parties a hearing.
216C.417 PROGRAM ADMINISTRATION; "MADE IN MINNESOTA" SOLAR ENERGY PRODUCTION INCENTIVES.
Payment of a "Made in Minnesota" solar energy production incentive to an owner whose application was approved by the commissioner of commerce under section 216C.415, by May 1, 2017, must be administered under the provisions of Minnesota Statutes 2016, sections 216C.411; 216C.413; 216C.414, subdivisions 1 to 3 and 5; and 216C.415. No incentive payments may be made under this section to an owner whose application was approved by the commissioner after May 1, 2017.
(a) Unspent money remaining in the account established under Minnesota Statutes 2016, section 216C.412, on July 1, 2017, must be transferred to the renewable development account in the special revenue fund established under section 116C.779, subdivision 1.
(b) There is annually appropriated from the renewable development account in the special revenue fund established in section 116C.779 to the commissioner of commerce money sufficient to make the incentive payments required under Minnesota Statutes 2016, section 216C.415. Any funds appropriated under this paragraph that are unexpended at the end of a fiscal year cancel to the renewable development account.
(c) Notwithstanding Minnesota Statutes 2016, section 216C.412, subdivision 1, none of this appropriation may be used for administrative costs.
(a) Payments may be made under this subdivision only for solar photovoltaic module installations that meet the requirements of subdivision 1 and that first begin generating electricity between January 1, 2014, and October 31, 2018.
(b) The payment eligibility window of the incentive begins and runs consecutively from the date the solar photovoltaic modules first begins generating electricity.
(c) An owner of solar photovoltaic modules may receive payments under this section for a particular module for a period of ten years, provided that sufficient funds are available in the account.
(d) No payment may be made under this section for electricity generated after October 31, 2028.
216C.42 DEFINITIONS; ENERGY IMPROVEMENTS FOR BUILDINGS.
For the purpose of this section and section 216C.43, the terms defined in this section have the meanings given them.
"Energy improvement project" means a project to improve energy efficiency in a building or facility, including the design, acquisition, installation, construction, and commissioning of equipment or improvements to a building or facility, and training of building or facility staff necessary to properly operate and maintain the equipment or improvements.
"Energy project study" means a technical and financial study of one or more energy improvement projects, including:
(1) an analysis of historical energy consumption and cost data;
(2) a description of existing equipment, structural elements, operating characteristics, and other conditions affecting energy use;
(3) a description of the proposed energy improvement projects;
(4) a detailed budget for the proposed project;
(5) calculations sufficient to demonstrate the expected energy savings; and
(6) if a geothermal energy improvement, whether the project is calculated to produce savings in terms of nongeothermal energy and costs.
"Financing agreement" means a tax-exempt lease-purchase agreement entered into by a local government and a financial institution under a standard project financing agreement offered under section 216C.43, subdivision 6.
"Local government" means a Minnesota county, statutory or home rule charter city, town, school district, park district, or any combination of those units operating under an agreement to exercise powers jointly.
"Program" means the energy improvement financing program for local governments authorized by section 216C.43.
"Supplemental cash flow agreement" means an agreement by the commissioner to lend funds to a local government up to an amount necessary to ensure that the cumulative payments made by the local government under a financing agreement minus the amount loaned by the commissioner do not exceed the actual energy and operating cost savings attributable to the energy improvement project for the term of the supplemental cash flow agreement.
216B.15 HEARINGS; EXAMINER.
The commission may, in addition to the hearings specifically provided for by Laws 1974, chapter 429, conduct any other hearings as may reasonably be required in the administration of the powers and duties conferred upon it by Laws 1974, chapter 429. The commission may designate one of its members to act as an examiner for the purpose of holding any hearing which the commission has the power or authority to hold or in the event parties to the hearing so stipulate the commission may designate a qualified commission employee as the examiner. Reasonable notice of all hearings shall be given the persons interested therein as determined by the commission.
216B.1613 STANDARDIZED CONTRACT.
Within 60 days of May 20, 2009, each utility, as defined in section 216B.1691, subdivision 1, paragraph (d), shall file with the commission a standardized contract form for the purchase of electricity from projects with a nameplate capacity of five megawatts or less. The standardized contract form must be similar in all material respects to the standard contract form previously filed with the commission under section 216B.2423, subdivision 3, including any revisions to that contract on file with the commission as of May 20, 2009. After consultation with wind developers and producers, a utility governed by this section may modify the standardized contract currently on file under section 216B.2423 prior to submitting its standard contract form under this section if the modifications are reasonably necessary to account for circumstances that are unique to that particular utility. The commission shall not approve a contract that is not in compliance with this section.
216B.1614 ELECTRIC VEHICLE CHARGING TARIFF.
(a) For the purposes of this section, the terms defined in this subdivision have the meanings given them.
(b) "Electric vehicle" has the meaning given in section 169.011, subdivision 26a.
(c) "Public utility" has the meaning given in section 216B.02, subdivision 4.
(d) "Renewable energy" has the meaning given in section 216B.169, subdivision 2, paragraph (d).
(a) By February 1, 2015, each public utility selling electricity at retail must file with the commission a tariff that allows a customer to purchase electricity solely for the purpose of recharging an electric vehicle. The tariff must:
(1) contain either a time-of-day or off-peak rate, as elected by the public utility;
(2) offer a customer the option to purchase electricity:
(i) from the utility's current mix of energy supply sources; or
(ii) entirely from renewable energy sources, subject to the conditions established under section 216B.169, subdivision 2, paragraph (b), and subdivision 3, paragraph (a); and
(3) be made available to the residential customer class.
(b) The public utility may, at its discretion, offer the tariff to other customer classes.
(c) The commission shall, after notice and opportunity for public comment, approve, modify, or reject the tariff. The commission may approve the tariff if the public utility has demonstrated that the tariff:
(1) appropriately reflects off-peak versus peak cost differences in the rate charged;
(2) includes a mechanism to allow the recovery of costs reasonably necessary to comply with this section, including costs to inform and educate customers about the financial, energy conservation, and environmental benefits of electric vehicles and to publicly advertise and promote participation in the customer-optional tariff;
(3) provides for clear and transparent customer billing statements including, but not limited to, the amount of energy consumed under the tariff; and
(4) incorporates the cost of metering or submetering within the rate charged to the customer.
(d) Within 60 days of commission approval of a public utility's tariff filed under this section, the public utility shall make the tariff available to customers.
(e) The utility may at any time propose revisions to a tariff filed under this subdivision based on changing costs or conditions.
Each public utility providing a tariff under this section shall periodically report to the commission, as established by the commission and on a form prescribed by the commission, the following information, organized on a per-quarter basis:
(1) the number of customers who have arranged to purchase electricity under the tariff;
(2) the total amount of electricity sold under the tariff; and
(3) other data required by the commission.
216B.1621 ELECTRIC SERVICE AGREEMENT.
When a retail customer of a public utility proposes to acquire power from or construct a new electric power generation facility in the assigned service area of the utility serving the retail customer to provide all or part of the customer's electric service needs, the public utility may negotiate with and enter into an agreement with the customer to supply electric power to the customer in order to defer construction of the facility until the utility has need of power generated by the proposed facility, if the Public Utilities Commission approves the agreement under subdivision 2.
(a) The commission shall approve an agreement under this section upon finding that:
(1) the proposed electric service power generation facility could reasonably be expected to qualify for a market value exclusion under section 272.0211;
(2) the public utility has a contractual option to purchase electric power from the proposed facility; and
(3) the public utility can use the output from the proposed facility to meet its future need for power as demonstrated in the most recent resource plan filed with and approved by the commission under section 216B.2422.
(b) Sections 216B.03, 216B.05, 216B.06, 216B.07, 216B.16, 216B.162, and 216B.23 do not apply to an agreement under this section.
216C.50 PROPANE EDUCATION AND RESEARCH COUNCIL.
Propane producers and propane retail marketers, as defined by United States Code, title 15, section 6402, may form a propane education and research council for the purpose of establishing, supporting, or conducting research, training, and education programs concerning the safe and efficient use of propane.
Organization and membership of the council shall be in compliance with United States Code, title 15, sections 6403, subsections (a) and (b), and 6404, subsection (c), and must abide by the requirements of United States Code, title 15, section 6409. The council is established upon certification by the commissioner of public safety that the council has been organized in compliance with United States Code, title 15, sections 6403, subsections (a) and (b), and 6404, subsection (c).
A propane education and research council, established and certified pursuant to subdivision 2, may assess propane producers and retail marketers an amount not to exceed the maximum assessment authorized in United States Code, title 15, section 6405(a), per gallon of odorized propane in a manner established by the council in compliance with United States Code, title 15, section 6405, subsections (a) to (c). Propane producers and retail marketers shall be responsible for the amounts assessed.
A propane education and research council collecting assessments pursuant to subdivision 3 shall annually report to the commissioner of public safety, detailing collections and expenditures made pursuant to this section.
216C.51 UTILITY DIVERSITY REPORTING.
It is the public policy of this state to encourage each utility that serves Minnesota residents to focus on and improve the diversity of the utility's workforce and suppliers.
As used in this section, "utility" has the meaning given to the term "public utility" in section 216B.02, subdivision 4.
(a) Beginning March 15, 2024, and each March 15 thereafter, each utility authorized to do business in Minnesota must file an annual diversity report to the commissioner in the public eDockets system that describes:
(1) the utility's goals and efforts to increase diversity in the workplace, including current workforce representation numbers and percentages; and
(2) all procurement goals and actual spending for female-owned, minority-owned, veteran-owned, and small business enterprises during the previous calendar year.
(b) The goals under paragraph (a), clause (2), must be expressed as a percentage of the total work performed by the utility submitting the report. The actual spending for female-owned, minority-owned, veteran-owned, and small business enterprises must also be expressed as a percentage of the total work performed by the utility submitting the report.
Each utility required to report under this section must include the following in the annual report:
(1) an explanation of the plan to increase diversity in the utility's workforce and among the utility's suppliers during the next year;
(2) an explanation of the plan to increase the goals;
(3) an explanation of the challenges faced to increase workforce and supplier diversity, including suggestions regarding actions the department could take to help identify potential employees and vendors;
(4) a list of the certifications the company recognizes;
(5) a point of contact for a potential employee or vendor that wishes to work for or do business with the utility; and
(6) a list of successful actions taken to increase workforce and supplier diversity, to encourage other companies to emulate best practices.
Each annual report must include as much state-specific data as possible. If the submitting utility does not submit state-specific data, the utility must include any relevant national data the utility possesses, explain why the utility could not submit state-specific data, and detail how the utility intends to include state-specific data in future reports, if possible.
The department must publish an annual report on the department's website and must maintain each annual report for at least five years.
216B.1636 RECOVERY OF ELECTRIC UTILITY INFRASTRUCTURE COSTS.
(a) "Electric utility" means a public utility as defined in section 216B.02, subdivision 4, that furnishes electric service to retail customers.
(b) "Electric utility infrastructure costs" or "EUIC" means costs for electric utility infrastructure projects that were not included in the electric utility's rate base in its most recent general rate case.
(c) "Electric utility infrastructure projects" means projects owned by an electric utility that:
(1) replace or modify existing electric utility infrastructure, including utility-owned buildings, if the replacement or modification is shown to conserve energy or use energy more efficiently, consistent with section 216B.241, subdivision 1c; or
(2) conserve energy or use energy more efficiently by using waste heat recovery converted into electricity as defined in section 216B.241, subdivision 1, paragraph (o).
(a) The commission may approve an electric utility's petition for a rate schedule to recover EUIC under this section. An electric utility may petition the commission to recover a rate of return, income taxes on the rate of return, incremental property taxes, if any, plus incremental depreciation expense associated with EUIC.
(b) The filing is subject to the following:
(1) an electric utility may submit a filing under this section no more than once per year; and
(2) an electric utility must file sufficient information to satisfy the commission regarding the proposed EUIC or be subject to denial by the commission. The information includes, but is not limited to:
(i) the location, description, and costs associated with the project;
(ii) evidence that the electric utility infrastructure project will conserve energy or use energy more efficiently than similar utility facilities currently used by the electric utility;
(iii) the proposed schedule for implementation;
(iv) a description of the costs, and salvage value, if any, associated with the existing infrastructure replaced or modified as a result of the project;
(v) the proposed rate design and an explanation of why the proposed rate design is in the public interest;
(vi) the magnitude and timing of any known future electric utility projects that the utility may seek to recover under this section;
(vii) the magnitude of EUIC in relation to the electric utility's base revenue as approved by the commission in the electric utility's most recent general rate case, exclusive of fuel cost adjustments;
(viii) the magnitude of EUIC in relation to the electric utility's capital expenditures since its most recent general rate case;
(ix) the amount of time since the utility last filed a general rate case and the utility's reasons for seeking recovery outside of a general rate case;
(x) documentation supporting the calculation of the EUIC; and
(xi) a cost and benefit analysis showing that the electric utility infrastructure project is in the public interest.
(c) Upon approval of the proposed projects and associated EUIC rate schedule, the utility may implement the electric utility infrastructure projects.
The commission may issue orders necessary to implement and administer this section.
216B.1642 SOLAR SITE MANAGEMENT.
An owner of a ground-mounted solar site with a generating capacity of more than 40 kilowatts may follow site management practices that (1) provide native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators, and (2) reduce stormwater runoff and erosion at the solar generation site. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, a solar site owner shall use native plant species and seed mixes under Department of Natural Resources "Prairie Establishment & Maintenance Technical Guidance for Solar Projects."
An owner of a solar site implementing solar site management practices under this section may claim that the site provides benefits to game birds, songbirds, and pollinators only if the site adheres to guidance set forth by the pollinator plan provided by the Board of Water and Soil Resources or any other game bird, songbird, or pollinator foraging-friendly vegetation standard established by the Board of Water and Soil Resources. An owner making a beneficial habitat claim must:
(1) make the site's vegetation management plan available to the public;
(2) provide a copy of the plan to a Minnesota nonprofit solar industry trade association; and
(3) report on its site management practices to the Board of Water and Soil Resources, on a standard reporting form developed by the board for solar site management practices, by June 1, 2020, and every third year thereafter. An owner that enters into operation after June 1, 2019, must report to the board on the progress made toward establishing beneficial habitat on or before June 1 of the year after operations commence and every third year thereafter.
216B.1646 RATE REDUCTION; PROPERTY TAX REDUCTION.
(a) The commission shall, by any method the commission finds appropriate, reduce the rates each electric utility subject to rate regulation by the commission charges its customers to reflect, on an ongoing basis, the amount by which each utility's property tax on the personal property of its electric system from taxes payable in 2001 to taxes payable in 2002 is reduced. The commission must ensure that, to the extent feasible, each dollar of personal property tax reduction allocated to Minnesota consumers retroactive to January 1, 2002, results in a dollar of savings to the utility's customers. A utility may voluntarily pass on any additional property tax savings allocated in the same manner as approved by the commission under this paragraph.
(b) By April 10, 2002, each utility shall submit a filing to the commission containing:
(1) certified information regarding the utility's property tax savings allocated to Minnesota retail customers; and
(2) a proposed method of passing these savings on to Minnesota retail customers.
The utility shall provide the information in clause (1) to the commissioner of revenue at the same time. The commissioner shall notify the commission within 30 days as to the accuracy of the property tax data submitted by the utility.
(c) For purposes of this section, "personal property" means tools, implements, and machinery of the generating plant. It does not apply to transformers, transmission lines, distribution lines, or any other tools, implements, and machinery that are part of an electric substation, wherever located.
216B.1647 PROPERTY TAX ADJUSTMENT; COOPERATIVE ASSOCIATION.
A cooperative electric association that has elected to be subject to rate regulation under section 216B.026 is eligible to file with the commission for approval an adjustment for real and personal property taxes, fees, and permits.
216B.166 COGENERATING POWER PLANT.
The legislature finds and declares that significant public benefits may be derived from the cogeneration of electrical and thermal energy and that cogenerated district heating may result in improved utilization and conservation of fuel, the substitution of coal for scarce oil and natural gas, the substitution of domestic fuel for imported fuel, and the establishment of a reliable, competitively priced heat source. Since the cost of cogenerated thermal energy is dependent upon the method used to allocate costs between the production of electric and thermal energy at a power plant, and because the method of cost allocation can be a significant factor in determining investment in district heating, it is necessary to develop cost allocation methods rapidly.
For the purpose of this section, the following terms shall have the meanings given.
(a) "Cogeneration" means a combined process whereby electrical and thermal energy are simultaneously produced by a public utility power plant.
(b) "District heating" means a process whereby thermal energy is distributed within a community for use as a primary heat source.
(c) "District heating utility" means any person, corporation, or other legal entity which owns and operates a facility for district heating.
The methods used to allocate or assign costs between electrical and thermal energy produced by cogeneration power plants owned by public utilities shall be consistent with the following principles:
(a) The method used shall result in a cost per unit of electricity which is no greater than the cost per unit which would exist if the power plants owned by the public utility had been normally constructed and operated without cogenerating capability.
(b) Costs which the public utility incurs for the exclusive benefit of the district heating utility, including but not limited to backup and peaking facilities, shall be assigned to thermal energy produced by cogeneration.
(c) The methods and procedures may be different for retrofitted than for new cogeneration power plants.
(d) The methods should encourage cogeneration while preventing subsidization by electric consumers so that both heating and electricity consumers are treated fairly and equitably with respect to the costs and benefits of cogeneration.
216B.1681 CURTAILMENT PAYMENTS.
The commission shall conduct a study of curtailment payments for wind energy projects to assess whether utilities are unduly discriminating among project ownership structures in regard to the contractual availability of curtailment payments. The commission shall submit the study to the chairs and ranking minority members of the senate and house of representatives committees with primary jurisdiction over energy policy by January 15, 2008.
216B.169 RENEWABLE AND HIGH-EFFICIENCY ENERGY RATE OPTIONS.
For the purposes of this section, the following terms have the meanings given them.
(a) "Utility" means a public utility, municipal utility, or cooperative electric association providing electric service at retail to Minnesota consumers.
(b) "Renewable energy" has the meaning given in section 216B.2422, subdivision 1, paragraph (c).
(c) "High-efficiency, low-emissions, distributed generation" means a distributed generation facility of no more than ten megawatts of interconnected capacity that is certified by the commissioner under subdivision 3 as a high-efficiency, low-emissions facility.
(a) A utility may offer its customers one or more options that allow a customer to determine that a certain amount of the electricity generated or purchased on behalf of the customer is renewable energy or energy generated by high-efficiency, low-emissions, distributed generation such as fuel cells and microturbines fueled by a renewable fuel.
(b) Rates charged to customers must be calculated using the utility's cost of acquiring the energy for the customer and must:
(1) reflect the difference between the cost of generating or purchasing the additional renewable energy and the cost that would otherwise be attributed to the customer for the same amount of energy based on the utility's mix of renewable and nonrenewable energy sources; and
(2) be distributed on a per kilowatt-hour basis among all customers who choose to participate in the program.
(c) The utility may acquire the energy demanded by customers, in whole or in part, through procuring or generating the renewable energy directly, or through the purchase of credits from a provider that has received certification of eligible power supply pursuant to subdivision 3.
(d) For the purposes of this section, "renewable energy" has the meaning given to "eligible energy technology" in section 216B.1691, subdivision 1, paragraph (c), but does not include energy recovered from combustion of mixed municipal solid waste or refuse-derived fuel from mixed municipal solid waste.
(a) The commissioner shall certify a power supply or supplies as eligible to satisfy customer requirements under this section upon finding:
(1) the power supply is renewable energy or energy generated by high-efficiency, low-emissions, distributed generation; and
(2) the sales arrangements of energy from the supplies are such that the power supply is only sold once to retail consumers.
(b) To facilitate compliance with this section, the commission may, by order, establish a program for tradable credits for eligible power supplies.
216B.18 SERVICE OF NOTICE.
Service of notice of all hearings, investigations, and proceedings pending before the commission and of complaints, reports, orders, and other documents must be made personally, by electronic service as provided in section 216.17, or by mail as the commission may direct. Regulated utilities and state agencies must provide an electronic address to the commission for electronic service purposes and agree to accept electronic service as official service.
216B.19 JOINT HEARING AND INVESTIGATION.
In the discharge of its duties under Laws 1974, chapter 429, the commission or the department may cooperate with similar commissions of other states and any federal agency and may hold joint hearings and make joint investigations with other commissions.
216B.20 SEPARATE RATE HEARING.
The commission may, in its discretion, when complaint is made of more than one rate or charge, order separate hearings thereon, and may consider and determine the several matters complained of separately and at times it may prescribe.
216B.22 MUNICIPALITY; AMICUS CURIAE AUTHORITY.
Any municipality that regulates and controls the exercise of a public utility franchise by reason of its home rule charter on January 1, 1975, is authorized to assist the Public Utilities Commission as amicus curiae in any proceeding brought before the commission with respect to the rates, fares, prices, regulation, or control of any utility operating therein.