reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.36 — Municipal Regulatory And Taxing Powers.

216B.36 MUNICIPAL REGULATORY AND TAXING POWERS.
Any public utility furnishing the utility services enumerated in section 216B.02 or occupying streets, highways, or other public property within a municipality may be required to obtain a license, permit, right, or franchise in accordance with the terms, conditions, and limitations of regulatory acts of the municipality, including the placing of distribution lines and facilities underground. Under the license, permit, right, or franchise, the utility may be obligated by any municipality to pay to the municipality fees to raise revenue or defray increased municipal costs accruing as a result of utility operations, or both. The fee may include but is not limited to a sum of money based upon gross operating revenues or gross earnings from its operations in the municipality so long as the public utility shall continue to operate in the municipality, unless upon request of the public utility it is expressly released from the obligation at any time by such municipality. Notwithstanding the definition of "public utility" in section 216B.02, subdivision 4, a municipality may require payment of a fee under this section by a cooperative electric association organized under chapter 308A that furnishes utility services within the municipality. All existing licenses, permits, franchises, and other rights acquired by any public utility or municipality prior to April 11, 1974, including the payment of existing franchise fees, shall not be impaired or affected in any respect by the passage of this chapter, except with respect to matters of rate and service regulation, service area assignments, securities, and indebtedness that are vested in the jurisdiction of the commission by this chapter. However, in the event that a court of competent jurisdiction determines, or the parties by mutual agreement determine, that an existing license, permit, franchise, or other right has been abrogated or impaired by this chapter, or its execution, the municipality affected shall impose and the public utility shall collect an excise tax on the utility charges which from year to year yields an amount which is reasonably equivalent to that amount of revenue which then would be due as a fee, charges or other thing or service of value to the municipality under the franchise, license, or permit. The authorization shall be over and above taxing limitations including, but not limited to, those of section 477A.016. Franchises granted pursuant to this section shall be exempt from the provisions of chapter 80C. For purposes of this section, a public utility shall include a cooperative electric association.
History:
1974 c 429 s 36; 1978 c 795 s 5; 1Sp1981 c 1 art 6 s 8; 1982 c 378 s 1; 1991 c 291 art 9 s 4
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.361 — Township Agreement With Natural Gas Utility.

216B.361 TOWNSHIP AGREEMENT WITH NATURAL GAS UTILITY.
A township may enter into an agreement with a public utility providing natural gas services to provide services within a designated portion or all of the township. If a city annexes township land for which a utility has an agreement with a township to serve, the utility shall continue to have a nonexclusive right to offer and provide service in the area identified by the agreement with the township for the term of that agreement, subject to the authority of the annexing city to manage public rights-of-way within the city as provided in sections 216B.36, 237.162, and 237.163.
Nothing in this section precludes a city from acquiring the property of a public utility under sections 216B.45 to 216B.47 for the purpose of allowing the city to own and operate a natural gas utility, or to extend natural gas and other utility services into newly annexed areas.
History:
1Sp2003 c 11 art 3 s 5
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.37 — Assigned Service Area; Electric Utility; Legislative Policy.

216B.37 ASSIGNED SERVICE AREA; ELECTRIC UTILITY; LEGISLATIVE POLICY.
It is hereby declared to be in the public interest that, in order to encourage the development of coordinated statewide electric service at retail, to eliminate or avoid unnecessary duplication of electric utility facilities, and to promote economical, efficient, and adequate electric service to the public, the state of Minnesota shall be divided into geographic service areas within which a specified electric utility shall provide electric service to customers on an exclusive basis.
History:
1974 c 429 s 37
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 $1,000,000, 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; 2023 c 60 art 12 s 23
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.64 — Attorney General's Responsibilities.

216B.64 ATTORNEY GENERAL'S RESPONSIBILITIES.
The attorney general of the state shall, upon request of the commission or department, represent and appear for the commission or department in all actions and proceedings involving any question under Laws 1974, chapter 429, and shall aid in any investigation or hearing had under the provisions of Laws 1974, chapter 429. The attorney general shall perform all duties and services in connection with Laws 1974, chapter 429 and the enforcement thereof as the commission or department may require. The attorney general shall also bring all actions to collect penalties herein provided.
History:
1974 c 429 s 64; 1980 c 614 s 117; 1986 c 444
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.65 — Department To Employ Necessary Staff.

216B.65 DEPARTMENT TO EMPLOY NECESSARY STAFF.
The department may employ experts, engineers, statisticians, accountants, inspectors, clerks, hearing examiners who may be attorneys and employees it deems necessary to carry out the provisions of Laws 1974, chapter 429.
History:
1974 c 429 s 67
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.66 — Construction.

216B.66 CONSTRUCTION.
Laws 1974, chapter 429 is complete in itself and other Minnesota statutes are not to be construed as applicable to the supervision or regulation of public utilities by the commission. All acts and parts of acts in conflict with Laws 1974, chapter 429 are repealed insofar as they pertain to the regulation of public utilities as defined herein.
History:
1974 c 429 s 69
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.68 — Definitions; Mercury Emissions Reduction.

216B.68 DEFINITIONS; MERCURY EMISSIONS REDUCTION.
Subdivision 1.
Scope.
Terms used in sections 216B.68 to 216B.688 have the meanings given them in this section and section 216B.02.
Subd. 2.
Agency.
"Agency" means the Minnesota Pollution Control Agency.
Subd. 3.
Dry scrubbed unit.
"Dry scrubbed unit" means a targeted unit at which pollution control technology that uses a spray dryer and fabric filter system to remove pollutants from air emissions is installed or will be installed by December 31, 2007.
Subd. 4.
Federal mercury regulations.
"Federal mercury regulations" means the federal Clean Air Mercury Rule as of January 1, 2006, published in Code of Federal Regulations, title 40, parts 60, 63, 70, and 72.
Subd. 5.
Mercury emissions reduction.
"Mercury emissions reduction" means the amount of mercury reduced from the emissions of a targeted or supplemental unit, relative to the emissions baseline from that unit established under section 216B.681, expressed as a percentage.
Subd. 6.
Qualifying facility.
"Qualifying facility" means an electric generating power plant in Minnesota that, as of January 1, 2006, had a total net dependable capacity in excess of 500 megawatts from all coal-fired electric generating units at the power plant.
Subd. 7.
Start-up period.
"Start-up period" means a period of one year after the date mercury-control equipment is installed at a targeted unit under an approved mercury emissions-reduction plan, or such longer period as the commission may approve after consultation with the Pollution Control Agency, if a longer period is necessary to optimize equipment performance for mercury reduction.
Subd. 8.
Targeted unit.
"Targeted unit" means a coal-fired electric generation unit greater than 100 megawatts at a qualifying facility.
Subd. 9.
Wet scrubbed unit.
"Wet scrubbed unit" means a targeted unit at which pollution control technology that uses water or solutions to remove pollutants from air emissions is installed.
History:
2006 c 201 s 5
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.681 — Monitoring Mercury Emissions.

216B.681 MONITORING MERCURY EMISSIONS.
By July 1, 2007, a public utility that owns or operates a qualifying facility shall install, maintain, and operate continuous mercury emission-monitoring systems or other method of monitoring approved by the agency on each targeted unit and, where applicable, on each supplemental unit pursuant to section 216B.6851. The monitoring systems must use methods set forth in federal mercury regulations or such other methods as may be approved by the agency. The public utility shall report to the agency as public data the quality assured data produced from monitoring implemented pursuant to this section on a quarterly basis in a form prescribed by the agency. The data from at least six months' monitoring must be used to establish a baseline for mercury emissions reductions under sections 216B.68 to 216B.688.
History:
2006 c 201 s 6
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.682 — Mercury Emissions-reduction Plans.

216B.682 MERCURY EMISSIONS-REDUCTION PLANS.
Subdivision 1.
Dry scrubbed units.
(a) By December 31, 2007, a public utility that owns a dry scrubbed unit at a qualifying facility shall develop and submit to the agency and the commission a plan for mercury emissions reduction at each such unit. At each dry scrubbed unit owned and operated by the utility, the plan must propose to employ the available technology for mercury removal that is most likely to result in the removal of at least 90 percent of the mercury emitted from the unit.
(b) A plan submitted under this subdivision must provide for mercury emissions reduction at each dry scrubbed unit to be implemented by December 31, 2010. A public utility that owns two dry scrubbed targeted units must submit a plan that provides for implementation at one unit by December 31, 2009, and at the other unit by December 31, 2010.
Subd. 2.
Wet scrubbed units.
(a) By December 31, 2009, a public utility that owns a wet scrubbed unit at a qualifying facility shall develop and submit to the agency and the commission a plan for mercury emissions reduction at each such unit. At each wet scrubbed unit owned by the utility, the plan must propose to employ the available technology for mercury removal that is most likely to result in the removal of at least 90 percent of the mercury emitted from the unit.
(b) A plan submitted under this subdivision must provide for mercury emissions reduction at each wet scrubbed unit to be implemented by December 31, 2014.
Subd. 3.
Mercury emissions plans generally.
(a) In each plan submitted under this section, a utility shall present information assessing that plan's ability to optimize human health benefits and achieve cost efficiencies. Each plan must provide the cost, technical feasibility, and mercury emissions reduction expected for the utility's preferred technology option and each alternative considered. The utility shall demonstrate that it has considered achieving the mercury emissions reduction required under this section through multiple pollutant control technology.
(b) A plan submitted under this section may also:
(1) provide measures to reduce the cost and maximize the flexibility of each option proposed or considered; and
(2) specify permit targets or conditions proposed by the public utility for each mercury emission-control option proposed or considered, including, but not limited to, numeric emission targets, percent removal expectations, emission control technology installation and operation requirements or work practice standards, and potential changes in the performance of the mercury emissions-reduction technology over time.
(c) The utility may submit an emissions rate rider to the commission under section 216B.683 to recover the costs associated with plans filed under this section.
History:
2006 c 201 s 7
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.683 — Mercury Emissions Reduction; Cost Recovery, Financial Incentives.

216B.683 MERCURY EMISSIONS REDUCTION; COST RECOVERY, FINANCIAL INCENTIVES.
Subdivision 1.
Emissions-reduction riders.
(a) A public utility required to file a mercury emissions-reduction plan under sections 216B.68 to 216B.688 may also file for approval of emissions-reduction rate riders pursuant to section 216B.1692, subdivision 3, for its mercury control and other environmental improvement initiatives under sections 216B.68 to 216B.688.
(b) In addition to the cost recovery provided by section 216B.1692, subdivision 3, the emissions-reduction rate riders may include recovery of costs associated with (1) the purchase and installation of continuous mercury emission-monitoring systems, (2) costs associated with the purchase and installation of emissions-reduction equipment, (3) construction work in progress, (4) ongoing operation and maintenance costs associated with the utility's emission-control initiatives, including, but not limited to, the cost of any sorbent or emission-control reagent injected into the unit, (5) any project costs incurred before plan approval that are demonstrated to the commission's satisfaction to be part of the plan, and (6) any studies undertaken by the utility in support of the emissions-reduction plan.
(c) The utility may propose to phase in the emissions-reduction riders to recover these costs over the development and life of the projects.
Subd. 2.
Performance-based incentives.
A mercury emissions-reduction rider approved by the commission may include performance-based financial incentives if the commission determines that the incentives will increase the likelihood that the utility will exceed 90 percent mercury emissions reductions, provided the incentives do not impose excessive costs on the utility's consumers when added to the costs recovered under subdivision 1. These incentives may include increased returns on investments or other performance-based incentives. The commission may structure the financial incentives to escalate for each additional increment of mercury emissions reduction achieved by the utility above the 90 percent mercury emissions reduction.
Subd. 3.
Application of other law; associated rider.
(a) Section 216B.1692 applies to plans and emissions-control riders proposed under sections 216B.68 to 216B.688, except that:
(1) projects included in a plan approved under sections 216B.68 to 216B.688 are deemed to be qualifying projects for the purposes of section 216B.1692; and
(2) section 216B.1692, subdivisions 5, paragraph (c), and 6, do not apply to plans or riders submitted under sections 216B.68 to 216B.688.
(b) Commission approval of an emissions-reduction plan under this section includes approval of an emissions-reduction rider associated with that plan if submitted by the utility.
History:
2006 c 201 s 8
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.684 — Environmental Assessment Of Mercury Emissions-reduction Plan.

216B.684 ENVIRONMENTAL ASSESSMENT OF MERCURY EMISSIONS-REDUCTION PLAN.
The Pollution Control Agency shall evaluate a utility's mercury emissions-reduction plans filed under sections 216B.682 and 216B.6851 and submit its evaluation to the Public Utilities Commission within 180 days of the date the plan is filed with the agency and commission. In its review, the agency shall (1) assess whether the utility's plan meets the requirements of section 216B.682 or 216B.6851, as applicable, (2) evaluate the environmental and public health benefits of each option proposed or considered by the utility, including benefits associated with reductions in pollutants other than mercury, (3) assess the technical feasibility and cost-effectiveness of technologies proposed or considered by the utility for achieving mercury emissions reduction, and (4) advise the commission of the appropriateness of the utility's plan. In preparing its assessment, the agency may request additional information from the utility, especially with regard to alternative technologies or configurations applicable to the specific unit, and the estimated costs of those alternatives.
History:
2006 c 201 s 9
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.686 — Other Environmental Improvement Plans.

216B.686 OTHER ENVIRONMENTAL IMPROVEMENT PLANS.
Subdivision 1.
Utility filing.
(a) In order to encourage a utility to address multiple pollutants, a utility required to submit mercury-reduction plans under sections 216B.68 to 216B.688 may also propose plans for investments and related expenses in pollution control equipment to be installed at facilities in Minnesota needed to comply with state or federal emission-control statutes or regulations that became effective after December 31, 2004.
(b) For each plan, the utility must show that the investments in pollution control equipment to be installed at facilities in Minnesota under the plan will provide for increased environmental and public health benefits, do not impose excessive costs on the utility's customers, and will achieve at least the pollution control required by applicable state or federal regulations.
Subd. 2.
Emissions-reduction riders.
A public utility that files a plan under this section may also file for approval of an emissions-reduction rate rider under section 216B.683, subdivision 1.
Subd. 3.
Agency review.
(a) The Pollution Control Agency shall evaluate a utility's plans filed under this section and, within 180 days of receiving the filing, provide the commission with:
(1) verification that the emissions-reduction project qualifies under subdivision 1;
(2) a description of the projected environmental benefits of the proposed project; and
(3) its assessment of the appropriateness of the proposed plans.
(b) In preparing its review under this subdivision, the agency may request additional information from the utility, especially with regard to alternative technologies or configurations applicable to a specific unit, and the estimated costs of those alternatives.
Subd. 4.
Commission approval.
The commission shall review and evaluate a utility's plans and associated emissions-reduction riders for other environmental improvement initiatives submitted under this section. The commission shall consider the overall environmental and public health benefits, total costs, and competitiveness of customer rates. Within 180 days of receiving the agency's report prepared under subdivision 3, the commission shall approve the plan and associated emissions-reduction rider if the commission finds that it meets the requirements of subdivision 1, paragraph (b).
History:
2006 c 201 s 12
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.687 — Mercury Emissions Reduction Implementation, Operation.

216B.687 MERCURY EMISSIONS REDUCTION IMPLEMENTATION, OPERATION.
Subdivision 1.
Permit conditions for mercury reductions.
The agency shall establish the mercury emissions reduction for each targeted unit included in a plan approved under section 216B.685, or where applicable, for each targeted and supplemental unit included in a plan approved under section 216B.6851.
Subd. 2.
Enforcement by agency.
(a) Except as required by federal regulation, any mercury reduction incorporated into the permit for a targeted unit as established under a plan approved under section 216B.685, or where applicable, for each targeted and supplemental unit included in a plan approved under section 216B.6851, must be a state-only condition of the permit and will not be enforced by the agency during the start-up period.
(b) After the start-up period ends, the Pollution Control Agency shall incorporate into the permit the mercury reduction reasonably expected to be achieved at each unit or facility as an enforceable state-only reduction. For a qualifying facility with multiple units that has one or more units included in approved plans, the agency may establish the mercury emissions reduction for the facility covering all targeted and supplemental units at that facility after the start-up periods for all units have concluded, and the actual mercury emissions for the units have been determined. In setting the reduction, the agency shall give due consideration to the results of monitoring before implementation of the plan, the results of monitoring during the start-up period, and any factors that may impact the performance of the unit for the next five years.
Subd. 3.
Equipment optimization required.
The agency shall revise the unit's air permit every five years to ensure optimal mercury emissions reduction by equipment installed under an approved plan, in light of technical and operational advances made since the date of plan approval. In revising the unit's air permit, the agency may recommend, but shall not require, additional investments in pollution control equipment, or the removal of equipment installed pursuant to an approved plan. The utility may seek commission review of the costs associated with a permit requirement or request for equipment optimization proposed by the agency and, if review is requested, the revision is not effective until approved by the commission. The commission shall approve the revision unless the utility or other party shows that it will impose excessive consumer costs.
History:
2006 c 201 s 13
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.688 — Relationship To Other State Financial Requirements.

216B.688 RELATIONSHIP TO OTHER STATE FINANCIAL REQUIREMENTS.
Except as otherwise provided for equipment optimization as specified in section 216B.687, a public utility implementing an approved mercury emissions-reduction plan is not required to undertake additional investments or incur additional operating or maintenance costs to reduce mercury at a unit included in a plan approved under section 216B.685 or 216B.6851.
History:
2006 c 201 s 14
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.79 — Preventative Maintenance.

216B.79 PREVENTATIVE MAINTENANCE.
The commission may order public utilities to make adequate infrastructure investments and undertake sufficient preventative maintenance with regard to generation, transmission, and distribution facilities. The commission's authority under this section also applies to any transmission company that owns or operates electric transmission lines in Minnesota.
History:
2001 c 212 art 3 s 2; 2005 c 97 art 1 s 11
2023 Minnesota Statutes › Chapters 216 - 217 — Utilities › Chapter 216B — Public Utilities › Section 216B.82 — Local Power Quality Zones.

216B.82 LOCAL POWER QUALITY ZONES.
(a) Upon joint petition of a public utility as defined in section 216B.02, subdivision 4, and any customer located within the utility's service territory, the commission may establish a zone within that utility's service territory where the utility will install additional, redundant, or upgraded components of the electric distribution infrastructure that are designed to decrease the risk of power outages, provided the utility and all of its customers located within the proposed zone have approved the installation of the components and the financial recovery plan prior to the creation of the zone. Prior to commission approval, the utility must notify each customer within the proposed zone of the total costs of the installation, an estimate of the customer's share of those costs, and the potential benefits of the local power quality zone to the customer.
(b) The commission shall authorize the utility to collect all costs of the installation of any components under this section, including initial investment, operation, and maintenance costs, and taxes from all customers within the zone, through tariffs and surcharges for service in a zone that appropriately reflect the cost of service to those customers, provided the customers agree to pay all costs for a predetermined period, including costs of component removal, if appropriate.
(c) Nothing in this section limits the ability of the utility and any customer to enter into customer-specific agreements pursuant to applicable statutory, rule, or tariff provisions.
Nothing in this section shall be construed to permit the quality of service outside a designated zone to decline.
History:
2005 c 97 art 8 s 2