reglab/housing_qa huggingface dataset:
MN Stat § 216B.38 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.38 — Definitions.

216B.38 DEFINITIONS. Subdivision 1.  MS 1974 [Renumbered subd 1a] Subdivision 1. Scope. For the purpose of sections 216B.37 to 216B.44 only, the following definitions shall apply. Subd. 1a.  [Renumbered subd 8] Subd. 1b. Assigned service area. "Assigned service area" means the geographical area in which the boundaries are established as provided in section 216B.39. Subd. 2. Customer. "Customer" means a person contracting for or purchasing electric service at retail from an electric utility. Subd. 3.  [Renumbered subd 4a] Subd. 4. Electric line. "Electric line" means lines for conducting electric energy at a design voltage of 25,000 volts phase to phase or less used for distributing electric energy directly to customers at retail. Subd. 4a. Electric service. "Electric service" means electric service furnished to a customer at retail for ultimate consumption, but does not include wholesale electric energy furnished by an electric utility to another electric utility for resale. Subd. 5. Electric utility. "Electric utility" means persons, their lessees, trustees, and receivers, separately or jointly, now or hereafter operating, maintaining, or controlling in Minnesota equipment or facilities for providing electric service at retail and which fall within the definition of "public utility" in section 216B.02, subdivision 4, and includes facilities owned by a municipality or by a cooperative electric association. Subd. 6.  [Renumbered subd 1b] Subd. 7. Municipality. "Municipality" means any city, however organized. Subd. 8. Person. "Person" means a natural person, a partnership, a private corporation, a public corporation, a municipality, an association, a cooperative whether incorporated or not, a joint stock association, a business trust, any political subdivision or agency, or two or more persons having joint or common interest. History:  1974 c 429 s 38; 1978 c 795 s 6
MN Stat § 216B.40 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.40 — Exclusive Service Right; Service Extension.

216B.40 EXCLUSIVE SERVICE RIGHT; SERVICE EXTENSION. Except as provided in sections 216B.42 and 216B.421, each electric utility shall have the exclusive right to provide electric service at retail to each and every present and future customer in its assigned service area and no electric utility shall render or extend electric service at retail within the assigned service area of another electric utility unless the electric utility consents thereto in writing; provided that any electric utility may extend its facilities through the assigned service area of another electric utility if the extension is necessary to facilitate the electric utility connecting its facilities or customers within its own assigned service area. History:  1974 c 429 s 40; 1977 c 99 s 1
MN Stat § 216B.41 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.41 — Effect Of Incorporation, Annexation, Or Consolidation.

216B.41 EFFECT OF INCORPORATION, ANNEXATION, OR CONSOLIDATION. After April 12, 1974, the inclusion by incorporation, consolidation, or annexation of any part of the assigned service area of an electric utility within the boundaries of any municipality shall not in any respect impair or affect the rights of the electric utility to continue and extend electric service at retail throughout any part of its assigned service area unless a municipality which owns and operates an electric utility elects to purchase the facilities and property of the electric utility as provided in section 216B.44. History:   1974 c 429 s 41
MN Stat § 216B.42 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.42 — Service Extension In Certain Situations.

216B.42 SERVICE EXTENSION IN CERTAIN SITUATIONS. Subdivision 1. Large customer outside municipality. Notwithstanding the establishment of assigned service areas for electric utilities provided for in section 216B.39, customers located outside municipalities and who require electric service with a connected load of 2,000 kilowatts or more shall not be obligated to take electric service from the electric utility having the assigned service area where the customer is located if, after notice and hearing, the commission so determines after consideration of following factors: (1) the electric service requirements of the load to be served; (2) the availability of an adequate power supply; (3) the development or improvement of the electric system of the utility seeking to provide the electric service, including the economic factors relating thereto; (4) the proximity of adequate facilities from which electric service of the type required may be delivered; (5) the preference of the customer; (6) any and all pertinent factors affecting the ability of the utility to furnish adequate electric service to fulfill customers' requirements. Subd. 2. Service line extension to utility's property. Notwithstanding the provisions in section 216B.39, any electric utility may extend electric lines for electric service to its own utility property and facilities. History:   1974 c 429 s 42
MN Stat § 216B.421 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.421 — Homestead; Option Of Electric Service.

216B.421 HOMESTEAD; OPTION OF ELECTRIC SERVICE. Subdivision 1. Multiple service areas; customer election. Notwithstanding the establishment of assigned service areas for electric utilities provided for in section 216B.39, when a customer requires electric service for buildings or other structures located on land constituting the customer's homestead and the buildings or structures are located within more than one assigned service area, the customer may elect to contract for or purchase the customer's entire electric service requirements from either of the electric utilities providing the customer with electric service. An electric utility may extend its facilities through the assigned service area of another electric utility if the extension is necessary to facilitate the electric utility connecting a customer who elects to purchase or contract for service from it pursuant to this section. Subd. 2. Restriction. The provisions of subdivision 1 shall only apply to the provision of electric service to buildings and other structures that were under construction on April 11, 1974. History:  1977 c 99 s 2; 1986 c 444
MN Stat § 216B.43 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.43 — Hearing On Complaint.

216B.43 HEARING ON COMPLAINT. Upon the filing of an application under section 216B.42 or upon complaint by an affected utility that the provisions of sections 216B.39 to 216B.42 have been violated, the commission shall hold a hearing, upon notice, within 30 days after the filing of the complaint, and shall render its decision within 30 days after the hearing. History:  1974 c 429 s 43; 1993 c 327 s 10
MN Stat § 216B.44 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.44 — Municipal Service Territory Extension.

216B.44 MUNICIPAL SERVICE TERRITORY EXTENSION. (a) Notwithstanding the provisions of sections 216B.38 to 216B.42, whenever a municipality which owns and operates an electric utility (1) extends its corporate boundaries through annexation or consolidation, or (2) determines to extend its service territory within its existing corporate boundaries, the municipality shall thereafter furnish electric service to these areas unless the area is already receiving electric service from an electric utility, in which event, the municipality may purchase the facilities of the electric utility serving the area. (b) The municipality acquiring the facilities shall pay to the electric utility formerly serving the area the appropriate value of its properties within the area which payment may be by exchange of other electric utility property outside the municipality on an appropriate basis giving due consideration to revenue from and value of the respective properties. In the event the municipality and the electric utility involved are unable to agree as to the terms of the payment or exchange, the municipality or the electric utility may file an application with the commission requesting that the commission determine the appropriate terms for the exchange or sale. After notice and hearing, the commission shall determine appropriate terms for an exchange, or in the event no appropriate properties can be exchanged, the commission shall fix and determine the appropriate value of the property within the annexed area, and the transfer shall be made as directed by the commission. In making that determination the commission shall consider the original cost of the property, less depreciation, loss of revenue to the utility formerly serving the area, expenses resulting from integration of facilities, and other appropriate factors. (c) Until the determination by the commission, the facilities shall remain in place and service to the public shall be maintained by the owner. However, the electric utility being displaced, serving the annexed area, shall not extend service to any additional points of delivery within the annexed area if the commission, after notice and hearing, with due consideration of any unnecessary duplication of facilities, shall determine that the extension is not in the public interest. (d) When property of an electric utility located within an area annexed to a municipality which owns and operates an electric utility is proposed to be acquired by the municipality, ratification by the electors is not required. (e) When property of an electric utility located within the existing corporate boundaries of a municipality that currently operates a municipal electric utility is proposed to be included within the service territory of the municipal electric utility, ratification by the electors is not required. History:  1974 c 429 s 44; 1983 c 301 s 173
MN Stat § 216B.45 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.45 — Municipal Purchase Of Public Utility.

216B.45 MUNICIPAL PURCHASE OF PUBLIC UTILITY. Any public utility operating in a municipality under a license, permit, right, or franchise shall be deemed to have consented to the purchase by the municipality, for just compensation, of its property operated in the municipality under such license, permit, right, or franchise. The municipality, subject to the provisions of Laws 1974, chapter 429, may purchase the property upon notice to the public utility as herein provided. Whenever the commission is notified by the municipality or the public utility affected that the municipality has, pursuant to law, determined to purchase the property of the public utility, and that the parties to the purchase and sale have been unable to agree on the amount to be paid and received therefor, the commission shall set a time and place for a public hearing, after not less than 30 days' notice to the parties, upon the matter of just compensation or the matter of the property to be purchased. Within a reasonable time the commission shall, by order, determine the just compensation for the property to be purchased by the municipality. In determining just compensation, the commission shall consider the original cost of the property less depreciation, loss of revenue to the utility, expenses resulting from integration of facilities, and other appropriate factors. The order of the commission may be reviewed as provided in section 216B.52. Commission expenses arising out of the exercise of its jurisdiction under this section shall be assessed to the municipality. For purposes of this section, a public utility shall include a cooperative electric association. History:  1974 c 429 s 45; 1978 c 795 s 7
MN Stat § 216B.46 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.46 — Municipal Acquisition Procedures; Notice; Election.

216B.46 MUNICIPAL ACQUISITION PROCEDURES; NOTICE; ELECTION. Any municipality which desires to acquire the property of a public utility as authorized under the provisions of section 216B.45 may determine to do so by resolution of the governing body of the municipality taken after a public hearing of which at least 30 days' published notice shall be given as determined by the governing body. The determination shall become effective when ratified by a majority of the qualified electors voting on the question at a special election to be held on a date authorized by section 205.10, subdivision 3a. History:  1974 c 429 s 46; 2017 c 92 art 2 s 15
MN Stat § 216B.465 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.465 — Voter Ratification Of Municipal Purchase; Limited Application.

216B.465 VOTER RATIFICATION OF MUNICIPAL PURCHASE; LIMITED APPLICATION. The provisions of sections 216B.45 and 216B.46 apply only to the purchase of public utility property by a municipality that, prior to the time of the purchase, did not operate a municipal utility providing the type of utility service delivered by the utility property being purchased. In cases where the municipality operates, prior to the purchase of public utility property, a municipal utility providing the type of utility service delivered by the utility property being purchased, the provisions of section 216B.44 apply and voter ratification is not required. History:   1983 c 301 s 174
MN Stat § 216B.47 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.47 — Acquisition By Eminent Domain.

216B.47 ACQUISITION BY EMINENT DOMAIN. Nothing in this chapter may be construed to preclude a municipality from acquiring the property of a public utility by eminent domain proceedings; provided that damages to be paid in eminent domain proceedings must include the original cost of the property less depreciation, loss of revenue to the utility, expenses resulting from integration of facilities, and other appropriate factors. A municipality seeking to acquire the property of a public utility in eminent domain proceedings may not acquire the right to furnish electric service during the pendency of the proceedings through the use of section 117.042 but may petition the commission under section 216B.44 for service rights. For purposes of this section, a public utility includes a cooperative electric association. History:  1974 c 429 s 47; 1978 c 795 s 8; 1994 c 610 s 1
MN Stat § 216B.50 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.50 — Restrictions On Property Transfer And Merger.

216B.50 RESTRICTIONS ON PROPERTY TRANSFER AND MERGER. Subdivision 1. Commission approval required. No public utility shall sell, acquire, lease, or rent any plant as an operating unit or system in this state for a total consideration in excess of $100,000, or merge or consolidate with another public utility or transmission company operating in this state, without first being authorized so to do by the commission. Upon the filing of an application for the approval and consent of the commission, the commission shall investigate, with or without public hearing. The commission shall hold a public hearing, upon such notice as the commission may require. If the commission finds that the proposed action is consistent with the public interest, it shall give its consent and approval by order in writing. In reaching its determination, the commission shall take into consideration the reasonable value of the property, plant, or securities to be acquired or disposed of, or merged and consolidated. This section does not apply to the purchase of property to replace or add to the plant of the public utility by construction. Subd. 2.  [Repealed, 1978 c 795 s 10] Subd. 3. Exempt from other law. Mergers and consolidations as enumerated in subdivision 1 hereof shall be exempt from the provisions of chapter 80B. History:  1974 c 429 s 50; 2005 c 97 art 1 s 8
MN Stat § 216B.51 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.51 — Stock Purchase.

216B.51 STOCK PURCHASE. Subdivision 1. Stock of another utility. No public utility shall purchase voting stock in another public utility doing business in Minnesota without first having made application to and received the consent of the commission in writing or by order. Subd. 2.  [Repealed, 1978 c 795 s 10] Subd. 3. Exempt from other law. Mergers and consolidations as enumerated in subdivision 1 hereof shall be exempt from the provisions of chapter 80B. History:   1974 c 429 s 51
MN Stat § 216B.52 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.52 — Appeal.

216B.52 APPEAL. Subdivision 1. Appeal under Administrative Procedure Act. Any party to a proceeding before the commission or any other person, aggrieved by a decision and order and directly affected by it, may appeal from the decision and order of the commission in accordance with chapter 14. Subd. 2.  [Repealed, 1983 c 247 s 219] Subd. 3.  [Repealed, 1983 c 247 s 219] Subd. 4.  [Repealed, 1983 c 247 s 219] Subd. 5.  [Repealed, 1983 c 247 s 219] History:  1974 c 429 s 52; 1978 c 674 s 60; 1983 c 247 s 96
MN Stat § 216B.53 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.53 — Suspension Of Commission Order.

216B.53 SUSPENSION OF COMMISSION ORDER. The pendency of proceedings on appeal shall not of itself stay or suspend the operation of the order of the commission unless the commission so orders, but during the pendency of the proceedings the court in its discretion may stay or suspend, in whole or in part, the operation of the commission's order on terms it deems just, and in accordance with the practice of courts exercising equity jurisdiction. No stay shall be granted by the court without notice to the parties and opportunity to be heard. Any party shall have the right to secure from the court in which an appeal of an order of the commission is sought an order suspending or staying the operation of an order of the commission, pending an appeal of the order, but no commission order relating to rates or rules shall be stayed or suspended absent a finding that great or irreparable damage would otherwise result to the party seeking the stay or suspension, and any order staying or suspending a commission order shall specify the nature of the damage. In case the order of the commission is stayed or suspended, the court shall require a bond with good and sufficient surety, conditioned that the public utility petitioning for review shall answer for all damages caused by the delay in enforcing the order of the commission, and for all compensation for whatever sums for transmission or service any person shall be compelled to pay pending review proceedings in excess of the sum the person or corporation would have been compelled to pay had the commission's order not been stayed or suspended. The court, may, in addition or in lieu of the bond require other further security for the payment of such excess damages or charges it deems proper. History:  1974 c 429 s 53; 1977 c 364 s 6
MN Stat § 216B.54 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.54 — Legal Action Against Violation.

216B.54 LEGAL ACTION AGAINST VIOLATION. Whenever the commission or department shall be of the opinion that any person or public utility is failing or omitting or is about to fail or omit to do anything required of it by Laws 1974, chapter 429 or by any order of the commission, or is doing anything or about to do anything, or permitting anything or about to permit anything to be done, contrary to or in violation of Laws 1974, chapter 429 or of any order of the commission, it shall refer the matter to the attorney general who shall take appropriate legal action. History:  1974 c 429 s 54; 1980 c 614 s 115
MN Stat § 216B.56 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.56 — Burden Of Proof.

216B.56 BURDEN OF PROOF. In all proceedings before the commission in which the modification or vacation of any order of the commission is sought, the burden of proof shall be on the person seeking such modification or vacation. History:   1974 c 429 s 56
MN Stat § 216B.57 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.57 — Penalty For Violation Of Act.

216B.57 PENALTY FOR VIOLATION OF ACT. Any person who knowingly and intentionally violates any provision of Laws 1974, chapter 429, or who knowingly and intentionally fails, omits, or neglects to obey, observe, or comply with any lawful order, or any part or provision thereof, of the commission is subject to a penalty of not less than $100 nor more than $1,000 for each violation. History:   1974 c 429 s 57
MN Stat § 216B.58 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.58 — Penalties; Construing Act, Omission, And Failure.

216B.58 PENALTIES; CONSTRUING ACT, OMISSION, AND FAILURE. In construing and enforcing the provision of Laws 1974, chapter 429 relating to penalties, the act, omission, or failure of any officer, agent, or employee of any person acting within the scope of official duties of employment shall in every case be deemed to be also the act, omission, or failure of that person. History:  1974 c 429 s 58; 1986 c 444
MN Stat § 216B.59 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.59 — Continuing Violation.

216B.59 CONTINUING VIOLATION. Every violation of the provisions of Laws 1974, chapter 429 or of any lawful order of the commission, or any part or portion thereof by any person, is a separate and distinct offense, and in case of a continuing violation after a first conviction thereof each day's continuance thereof shall be deemed to be a separate and distinct offense. History:   1974 c 429 s 59
MN Stat § 216B.60 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.60 — Penalties Cumulative.

216B.60 PENALTIES CUMULATIVE. All penalties accruing under Laws 1974, chapter 429 shall be cumulative, and a suit for the recovery of one penalty shall not be a bar to or affect the recovery of any other penalty or forfeiture or be a bar to any criminal prosecution against any public utility or any officer, director, agent, or employee thereof or any person. History:   1974 c 429 s 60
MN Stat § 216B.61 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.61 — Actions To Recover Penalties.

216B.61 ACTIONS TO RECOVER PENALTIES. Actions to recover penalties under this chapter shall be brought in the name of the state of Minnesota in the district court of Ramsey County. History:  1974 c 429 s 61; 2005 c 10 art 1 s 34
MN Stat § 216B.63 (2021)
2021 Minnesota Statutes|Chapters 216 - 217 — Utilities|Chapter 216B — Public Utilities|Section 216B.63 — Interest On Assessment.

216B.63 INTEREST ON ASSESSMENT. The amounts assessed against any public utility not paid after 30 days after the transmittal of a notice advising the public utility of the amount assessed against it, draw interest at the rate of six percent per annum; and, upon failure to pay the assessment, the attorney general shall proceed by action in the name of the state against the public utility to collect the amount due, together with interest and the cost of the suit. History:  1974 c 429 s 63; 2007 c 10 s 11