Bill Text: MN HF1146 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Public Utilities Commission required to initiate a proceeding regarding interconnection of distributed generation facilities, establishment and operation provided for community solar generating facilities, ownership of renewable energy credit governing provisions amended, and residential solar design standards established.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-04 - Introduction and first reading, referred to Energy Policy [HF1146 Detail]
Download: Minnesota-2013-HF1146-Introduced.html
1.2relating to energy; solar energy; requiring the Public Utilities Commission
1.3to initiate a proceeding regarding interconnection of distributed generation
1.4facilities; providing for the establishment and operation of community solar
1.5generating facilities; amending provisions governing the ownership of renewable
1.6energy credits; establishing residential solar design standards;amending
1.7Minnesota Statutes 2012, sections 216B.02, subdivision 4; 216B.1611,
1.8subdivision 2; 216B.1691, subdivisions 1, 4; proposing coding for new law in
1.9Minnesota Statutes, chapters 216B; 500.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. TITLE.
1.12This act may be cited as the Solar Power Cost Reduction Act of 2013.
1.13 Sec. 2. Minnesota Statutes 2012, section 216B.02, subdivision 4, is amended to read:
1.14 Subd. 4. Public utility. (a) "Public utility" means persons, corporations, or
1.15other legal entities, their lessees, trustees, and receivers, now or hereafter operating,
1.16maintaining, or controlling in this state equipment or facilities for furnishing at retail
1.17natural, manufactured, or mixed gas or electric service to or for the public or engaged
1.18in the production and retail sale thereof but does not include (1) a municipality or
1.19a cooperative electric association, organized under the provisions of chapter 308A,
1.20producing or furnishing natural, manufactured, or mixed gas or electric service; (2) a retail
1.21seller of compressed natural gas used as a vehicular fuel which purchases the gas from a
1.22public utility; or (3) a retail seller of electricity used to recharge a battery that powers an
1.23electric vehicle, as defined in section169.011, subdivision 26a , and that is not otherwise a
1.24public utility under this chapter.
2.1(b) Except as otherwise provided, the provisions of this chapter shall not be
2.2applicable to any sale of natural, manufactured, or mixed gas or electricity by a public
2.3utility to another public utility for resale. In addition, the provisions of this chapter shall
2.4not apply to a public utility whose total natural gas business consists of supplying natural,
2.5manufactured, or mixed gas to not more than 650 customers within a city pursuant to a
2.6franchise granted by the city, provided a resolution of the city council requesting exemption
2.7from regulation is filed with the commission. The city council may rescind the resolution
2.8requesting exemption at any time, and, upon the filing of the rescinding resolution with
2.9the commission, the provisions of this chapter shall apply to the public utility.
2.10(c) No person shall be deemed to be a public utility:
2.11(1) if it furnishes its services only to tenants or cooperative or condominium owners
2.12in buildings owned, leased, or operated by such person. No person shall be deemed to be a
2.13public utility if it;
2.14(2) furnishes service to occupants of a manufactured home or trailer park owned,
2.15leased, or operated by such person. No person shall be deemed to be a public utility if it;
2.16(3) produces or furnishes service to less than 25 persons; or
2.17(4) solely as a result of producing or furnishing electric service to customers who
2.18own or lease the real property on which solar photovoltaic devices are located, provided
2.19that the nameplate capacity of the solar photovoltaic devices is sized to supply no more
2.20than 120 percent of the average amount of electricity consumed annually by customers at
2.21that property over the previous three years.
2.22 Sec. 3. Minnesota Statutes 2012, section 216B.1611, subdivision 2, is amended to read:
2.23 Subd. 2. Distributed generation; generic proceeding. (a) The commission shall
2.24initiate a proceeding within 30 days of July 1,2001 2013, to establish, by order, generic
2.25standards for utility tariffs for the interconnection and parallel operation of distributed
2.26generation fueled by natural gas or a renewable fuel, or another similarly clean fuel or
2.27combination of fuels of no more than ten megawatts of interconnected capacity. At a
2.28minimum, these tariff standards must:
2.29(1) to the extent possible, be consistent with industry and other federal and state
2.30operational and safety standards;
2.31(2) provide for the low-cost, safe, and standardized interconnection of facilities;
2.32(3) take into account differing system requirements and hardware, as well as
2.33the overall demand load requirements of individual utilities by establishing standards
2.34and requirements for interconnection for at least four separate categories of distributed
3.1generation facilities that vary by nameplate capacity and level of complexity and that
3.2address the following issues for each interconnection category:
3.3(i) applicable technical standards;
3.4(ii) timelines with specific deadlines for all utility decisions and actions;
3.5(iii) screening criteria;
3.6(iv) insurance;
3.7(v) metering and monitoring;
3.8(vi) facility testing, controls, and inspections;
3.9(vii) permissible interconnection fees and charges that may be fixed or based on
3.10approved formulas or rates; and
3.11(viii) other issues determined by the commission;
3.12(4) allow for reasonable terms and conditions, consistent with the interconnection
3.13level's cost and operating characteristics of the various technologies, so that a utility can
3.14reasonably be assured of the reliable, safe, and efficient operation of the interconnected
3.15equipment; and
3.16(5) establish for each interconnection level:
3.17(i) a standard interconnection agreement that sets forth the contractual conditions
3.18under which a company and a customer agree that one or more facilities may be
3.19interconnected with the company's utility system,; and
3.20(ii) a standard application for interconnection and parallel operation with the utility
3.21system.
3.22(b) The commission may develop financial incentives based on a public utility's
3.23performance in encouraging residential and small business customers to participate in
3.24on-site generation.
3.25(c) The commission shall ensure tariff standards established under this paragraph
3.26require that:
3.27(1) interconnection applications, on a standard form determined by the commission,
3.28are reviewed in the order received;
3.29(2) utilities develop and maintain the capacity to accept interconnection applications
3.30online;
3.31(3) the type and amount of interconnection fees and charges not expressly approved
3.32by the commission are prohibited;
3.33(4) each utility prepare an interconnection manual containing a description of the
3.34interconnection process, standards, and requirements, as well as all required forms and
3.35standard agreements;
3.36(5) utilities must negotiate with agents hired by the applicant; and
4.1(6) an interconnection application dispute resolution process is established.
4.2(d) In developing its order, the commission shall consider relevant federal laws
4.3and rules as well as interconnection standards that have been developed by states and
4.4other appropriate entities. In adopting standards and requirements under this subdivision,
4.5the commission shall seek to prevent barriers to new technologies and shall not make
4.6compliance unduly burdensome and expensive.
4.7 Sec. 4. [216B.1641] DEFINITIONS.
4.8 Subdivision 1. Scope. For the purposes of sections 216B.1641 to 216B.1644, the
4.9following definitions have the meanings given.
4.10 Subd. 2. Community solar generating facility. "Community solar generating
4.11facility" means a facility:
4.12(1) that generates electricity by means of a solar photovoltaic device that has a
4.13capacity of less than two megawatts;
4.14(2) that is interconnected with a utility's distribution system under the jurisdiction
4.15of the commission;
4.16(3) that is located in the electric service area of the utility with which it is
4.17interconnected;
4.18(4) whose subscribers purchase, under long-term contract with the community solar
4.19generating facility, the right to consume the electricity generated from a specified portion
4.20of the facility's generating capacity;
4.21(5) that is not owned by a utility; and
4.22(6) that has at least two subscribers.
4.23 Subd. 3. Facility manager. "Facility manager" means an entity that manages a
4.24community solar generating facility for the benefit of subscribers and may, in addition,
4.25develop, construct, own, or operate the community solar generating facility. A facility
4.26manager may not be a utility, but may be:
4.27(1) a person whose sole purpose is to beneficially own and operate a community
4.28solar generating facility;
4.29(2) a Minnesota nonprofit corporation organized under chapter 317A;
4.30(3) a Minnesota cooperative association organized under chapter 308A or 308B;
4.31(4) a Minnesota political subdivision or local government including, but not limited
4.32to, a county, statutory or home rule charter city, town, school district, public or private
4.33higher education institution, or any other local or regional governmental organization such
4.34as a board, commission, or association; or
4.35(5) a tribal council.
5.1 Subd. 4. Renewable energy credit. "Renewable energy credit" has the meaning
5.2given in section 216B.1691, subdivision 1, paragraph (d).
5.3 Subd. 5. Solar photovoltaic device. "Solar photovoltaic device" has the meaning
5.4given in section 216C.06, subdivision 16.
5.5 Subd. 6. Subscriber. "Subscriber" means a retail customer of a utility who owns
5.6one or more subscriptions of a community solar generating facility interconnected with
5.7that utility. A facility manager may be a subscriber.
5.8 Subd. 7. Subscription. "Subscription" means a contract between a subscriber and a
5.9community solar generating facility that has a term of no less than 20 years and that
5.10provides to the subscriber a portion of the capacity of the community solar generating
5.11facility and a corresponding proportion of the electricity generated by the community
5.12solar generating facility.
5.13 Subd. 8. Utility. "Utility" means a utility subject to section 216B.164.
5.14 Sec. 5. [216B.1642] SUBSCRIPTIONS.
5.15 Subdivision 1. Presale of subscriptions. A community solar generating facility
5.16may not commence construction of the facility until contracts have been executed for
5.17subscriptions, excluding the subscription of the facility manager, that represent 80 percent
5.18of the proposed nameplate capacity of the community solar generating facility.
5.19 Subd. 2. Size. (a) A subscription must be a portion of the community solar generating
5.20facility's nameplate capacity sized so as to produce no more than 120 percent of the annual
5.21average amount of electricity consumed over the previous three years at the site where the
5.22subscriber's meter is located. If the site is newly constructed, the subscription must be sized
5.23based on 120 percent of the average annual amount of electricity consumed by a facility of
5.24similar size and type in the utility's service area, as determined by the facility manager.
5.25(b) A subscriber may not own one or more subscriptions whose total capacity
5.26exceeds 40 kilowatts.
5.27(c) A facility manager may not own subscriptions whose total capacity exceeds the
5.28maximum subscription size allowed under paragraph (a) plus ten percent of the remaining
5.29available nameplate capacity in the community solar generating facility, subject to the
5.30limit in paragraph (b).
5.31(d) The maximum subscription size for a subscriber consuming electricity generated
5.32from an eligible energy technology, as defined in section 216B.1691, subdivision 1, at any
5.33time during the term of the subscriber's subscription, is the maximum subscription size
5.34allowed under paragraph (a) minus the nameplate capacity of the eligible energy technology
5.35device providing electricity to the subscriber, subject to the limit in paragraph (b).
6.1 Subd. 3. Certification. Prior to the sale of a subscription, a facility manager
6.2must provide certification to the subscriber signed by the facility manager under penalty
6.3of perjury:
6.4(1) identifying the rate of insolation at the community solar generating facility;
6.5(2) certifying that the solar photovoltaic devices employed by the community solar
6.6generating facility to generate electricity have an electrical energy degradation rate of no
6.7more than 0.5 percent annually; and
6.8(3) certifying that the community solar generating facility is in full compliance with
6.9all applicable federal and state utility, securities, and tax laws.
6.10 Subd. 4. On-site subscriber. A subscriber who owns the property on which
6.11a community solar generating facility is located has no more rights with respect to
6.12subscription size or price than any other subscriber.
6.13 Subd. 5. Subscription prices. The price for a subscription to a community solar
6.14generating facility is not subject to regulation by the commission and is negotiated
6.15between the prospective subscriber and the facility manager.
6.16 Subd. 6. Subscription transfer. A subscriber that terminates the contract between
6.17the subscriber and the community solar generating facility must transfer the subscription
6.18to a person eligible to be a subscriber or to the facility manager at a price negotiated
6.19by both parties.
6.20 Subd. 7. New subscribers. Within 30 days of the execution of a contract between the
6.21community solar generating facility and a new subscriber, the facility manager shall submit
6.22the following information to the utility serving the community solar generating facility:
6.23(1) the new subscriber's name, address, number of meters, and utility customer
6.24account; and
6.25(2) the share of the community solar generating facility's nameplate capacity owned
6.26by the new subscriber.
6.27 Subd. 8. Meter change. A subscriber that moves to a different property served by
6.28the community solar generating facility from the property at which the subscriber resided
6.29at the time the contract between the subscriber and the community solar generating facility
6.30was executed, or that changes the number of meters attached to the subscriber's account,
6.31must notify the facility manager within 30 days of the change.
6.32 Subd. 9. Renewable energy credits. (a) Notwithstanding any other law, a
6.33subscriber owns the renewable energy credits associated with the electricity allocated to
6.34the subscriber's subscription. A utility may purchase renewable energy credits under a
6.35contract with a subscriber.
7.1(b) Renewable energy credits may not be assigned to a utility as a condition of entering
7.2into a contract or an interconnection agreement with a community solar generating facility.
7.3 Subd. 10. Disputes. The dispute resolution provisions available under section
7.4216B.164 shall be used to resolve disputes between a facility manager and the utility
7.5serving the community solar generating facility.
7.6 Sec. 6. [216B.1643] DISPOSITION OF ELECTRICITY GENERATED.
7.7 Subdivision 1. Allocation. (a) The total amount of electricity available for allocation
7.8to all subscribers of a community solar generating facility shall be determined by a
7.9production meter installed by the utility.
7.10(b) The total amount of electricity available to a subscriber shall be the total amount
7.11of electricity available for allocation to all subscribers of a community solar generating
7.12facility prorated by a subscriber's subscription size in relation to the nameplate capacity of
7.13the community solar generating facility.
7.14(c) A subscriber may not resell electricity governed by the subscriber's contract
7.15with a community solar generating facility.
7.16(d) All electricity generated by a community solar generating facility that is not
7.17consumed by subscribers must be sold to the utility interconnected with the community
7.18solar generating facility.
7.19 Subd. 2. Utility purchases. The utility to which the community solar generating
7.20facility is interconnected shall purchase all electricity generated by the community solar
7.21generating facility that is not consumed by subscribers. The price paid to the community
7.22solar generating facility by the utility is governed by section 216B.164, or any law
7.23superseding section 216B.164, that governs the price a utility must pay to purchase
7.24electricity from a solar photovoltaic device.
7.25 Subd. 3. Interconnection. The commission shall establish uniform fees for the
7.26interconnection of a community solar generating facility with a utility.
7.27 Subd. 4. Nonutility status. Notwithstanding section 216B.02, a community solar
7.28generating facility is not a public utility.
7.29 Sec. 7. [216B.1644] BILLING.
7.30 Subdivision 1. Billing procedure. A subscriber to a community solar generating
7.31facility must be:
7.32(1) charged by the utility interconnected with the community solar generating
7.33facility the utility's applicable rate schedule for sales to that class of customer for all
7.34electricity consumed by the subscriber;
8.1(2) paid by the utility the maximum rate allowable under section 216B.164, or
8.2any other law that may govern the price a utility must pay to purchase electricity from
8.3a solar photovoltaic device, for a portion of all electricity the utility purchases from
8.4the community solar generating facility that is equal to the ratio of the subscriber's
8.5subscription to the nameplate capacity of the community solar generating facility;
8.6(3) provided by the utility with a monthly bill that contains, in addition to the
8.7amounts in clauses (1) and (2), the net amount owed to the utility or net credit realized by
8.8the owner for that month and on a year-to-date basis; and
8.9(4) provided by the utility with a meter that allows for the separate calculation of the
8.10amount of electricity consumed and generated at the property.
8.11 Subd. 2. Billing system. The Department of Commerce shall, by January 1, 2014,
8.12establish a uniform administrative system to credit the utility accounts of subscribers to a
8.13community solar generating facility. In determining the uniform administrative system, the
8.14commission shall solicit comments and recommendations from utilities, ratepayers, and
8.15other interested parties, and shall review commercially available administrative systems
8.16and administrative systems used in jurisdictions where entities similar to community
8.17solar generating facilities are operating.
8.18 Sec. 8. Minnesota Statutes 2012, section 216B.1691, subdivision 1, is amended to read:
8.19 Subdivision 1. Definitions. (a) Unless otherwise specified in law, "eligible energy
8.20technology" means an energy technology that generates electricity from the following
8.21renewable energy sources:
8.22(1) solar;
8.23(2) wind;
8.24(3) hydroelectric with a capacity of less than 100 megawatts;
8.25(4) hydrogen, provided that after January 1, 2010, the hydrogen must be generated
8.26from the resources listed in this paragraph; or
8.27(5) biomass, which includes, without limitation, landfill gas; an anaerobic digester
8.28system; the predominantly organic components of wastewater effluent, sludge, or related
8.29by-products from publicly owned treatment works, but not including incineration of
8.30wastewater sludge to produce electricity; and an energy recovery facility used to capture
8.31the heat value of mixed municipal solid waste or refuse-derived fuel from mixed municipal
8.32solid waste as a primary fuel.
8.33 (b) "Electric utility" means a public utility providing electric service, a generation
8.34and transmission cooperative electric association, a municipal power agency, or a power
8.35district.
9.1 (c) "Total retail electric sales" means the kilowatt-hours of electricity sold in a year
9.2by an electric utility to retail customers of the electric utility or to a distribution utility
9.3for distribution to the retail customers of the distribution utility. "Total retail electric
9.4sales" does not include the sale of hydroelectricity supplied by a federal power marketing
9.5administration or other federal agency, regardless of whether the sales are directly to a
9.6distribution utility or are made to a generation and transmission utility and pooled for
9.7further allocation to a distribution utility.
9.8 (d) "Renewable energy credit" means a certificate of proof associated with the
9.9generation of electricity from an eligible renewable energy resource, issued through the
9.10accounting system approved by the commission under subdivision 4, stating that one unit
9.11of electricity was generated and delivered by an eligible renewable energy resource. A
9.12renewable energy credit includes all renewable and environmental attributes associated
9.13with the production of electricity from the eligible renewable energy resource.
9.14 Sec. 9. Minnesota Statutes 2012, section 216B.1691, subdivision 4, is amended to read:
9.15 Subd. 4. Renewable energy credits. (a) To facilitate compliance with this section,
9.16the commission, by rule or order, shall establish by January 1, 2008, a program for
9.17tradable renewable energy credits for electricity generated by eligible energy technology.
9.18The credits must represent energy produced by an eligible energy technology, as defined in
9.19subdivision 1. Each kilowatt-hour of renewable energy credits must be treated the same as
9.20a kilowatt-hour of eligible energy technology generated or procured by an electric utility if
9.21it is produced by an eligible energy technology. The program must permit a credit to be
9.22used only once. The program must treat all eligible energy technology equally and shall
9.23not give more or less credit to energy based on the state where the energy was generated or
9.24the technology with which the energy was generated. The commission must determine the
9.25period in which the credits may be used for purposes of the program.
9.26 (b) A renewable energy credit produced in Minnesota is owned by the owner of
9.27the eligible energy technology facility that generated the electricity associated with the
9.28renewable energy credit unless:
9.29 (1) the credit is expressly assigned to another entity by law;
9.30 (2) the credit was expressly transferred to another entity by contract executed prior
9.31to July 1, 2013; or
9.32 (3) the credit was assigned to another entity by order of the commission prior to
9.33July 1, 2013.
10.1 (c) A renewable energy credit may be transferred only through a contract. A public
10.2utility may not require transfer of a renewable energy credit as a condition for approval of
10.3a contract required under section 216B.1611 or 216B.164.
10.4 (d) In lieu of generating or procuring energy directly to satisfy the eligible energy
10.5technology objective or standard of this section, an electric utility may utilize renewable
10.6energy credits allowed under the program to satisfy the objective or standard.
10.7(c) (e) The commission shall facilitate the trading of renewable energy credits
10.8between states.
10.9(d) (f) The commission shall require all electric utilities to participate in a
10.10commission-approved credit-tracking system or systems. Once a credit-tracking system is
10.11in operation, the commission shall issue an order establishing protocols for trading credits.
10.12(e) (g) An electric utility subject to subdivision 2a, paragraph (b), may not sell
10.13renewable energy credits to an electric utility subject to subdivision 2a, paragraph (a),
10.14until 2021.
10.15 Sec. 10. [500.216] RESIDENTIAL SOLAR DESIGN STANDARDS.
10.16 Subdivision 1. General rule. (a) Any covenant, restriction, or condition contained
10.17in any deed, security instrument, homeowners association document, or any other
10.18instrument affecting the transfer or sale of, or any interest in, real property that prohibits
10.19or has the effect of prohibiting the owner of a single-family house or townhouse from
10.20installing, maintaining, or using a solar energy system is void and unenforceable.
10.21(b) The owner of a single-family house or townhouse, with respect to the owner's
10.22residential property, may not be denied permission to install, maintain, or use a solar
10.23energy system by any private entity.
10.24 Subd. 2. Definitions. (a) "Homeowners association document" means a document
10.25containing the declaration, articles of incorporation, bylaws, and rules and regulations of:
10.26(1) a common interest community, as defined in section 515B.1-103, paragraph (10),
10.27regardless of whether the common interest community is subject to chapter 515B; and
10.28(2) a residential community that is not a common interest community, as defined in
10.29section 515B.1-103, paragraph (10).
10.30(b) "Private entity" means any homeowners association, community association,
10.31condominium association, cooperative, or any other nongovernmental entity with
10.32covenants, bylaws, or administrative provisions with which the homeowner is required
10.33to comply by any covenant, restriction, or condition contained in any deed, security
10.34instrument, homeowners association document, or other instrument affecting the transfer
10.35or sale of, or any interest in, real property.
11.1(c) "Significantly" means:
11.2(1) for a solar water heating installation, an amount exceeding 20 percent of the
11.3cost of the system or decreasing the efficiency of the solar energy system by an amount
11.4exceeding 20 percent, as originally specified and proposed; and
11.5(2) for a solar photovoltaic installation, an amount not to exceed $2,000 above the
11.6solar energy system cost as originally specified and proposed, or a decrease in a solar
11.7energy system's efficiency, as originally specified and proposed, of more than 20 percent.
11.8(d) "Solar energy system" means a set of devices whose primary purpose is to
11.9collect, convert, and store solar energy for useful purposes including heating and cooling
11.10buildings or other energy-using processes, or to produce generated power by means of any
11.11combination of collecting, transferring, or converting solar-generated energy.
11.12(e) "Townhouse" means any single-family dwelling unit:
11.13(1) which extends from the foundation to the roof;
11.14(2) is constructed with a wall attached to another unit on at least one side;
11.15(3) has at least two sides which are unattached to any other building; and
11.16(4) where the owner of the unit is responsible for maintenance and repair of the
11.17unit's roof.
11.18 Subd. 3. Conditions. (a) A private entity may impose reasonable restrictions on the
11.19installation, maintenance, and use of solar energy systems, provided that those restrictions
11.20do not significantly increase the cost of the system or significantly decrease its efficiency or
11.21specified performance. For the purposes of this section, a private entity may require that:
11.22(1) a licensed contractor install the solar energy system;
11.23(2) the installer of a solar energy system indemnify or reimburse the private entity
11.24or its members for loss or damage caused by the installation, maintenance, or use of
11.25the solar energy system;
11.26(3) the owner and each successive owner of the solar energy system provide
11.27a certificate of insurance naming the private entity as an additional insured on the
11.28homeowner's insurance policy;
11.29(4) the owner and each successive owner be responsible for any costs for damages to
11.30the solar energy system, common elements, limited common elements, and any adjacent
11.31units arising or resulting from the installation, maintenance, repair, removal, or replacement
11.32of the solar energy system, and that the repair, maintenance, removal, and replacement
11.33responsibilities shall be assumed by each successive owner until the solar energy device
11.34has been removed from the common elements or limited common elements; and
12.1(5) the owner and any successive owner be responsible for removing the solar
12.2energy device if reasonably necessary for the repair, maintenance, or replacement of
12.3common elements or limited common elements.
12.4(b) A solar energy system shall meet applicable standards and requirements imposed
12.5by the state and by governmental units, as defined by section 462.384.
12.6(c) A solar energy system for heating water shall be certified by the Solar Rating
12.7Certification Corporation (SRCC) or other nationally recognized certification agency.
12.8A solar energy system for producing electricity shall meet all applicable safety and
12.9performance standards established by the National Electrical Code, the Institute of
12.10Electrical and Electronics Engineers, and accredited testing laboratories such as
12.11Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission
12.12regarding safety and reliability.
12.13(d) Whenever approval by a private entity is required for the installation or use of
12.14a solar energy system, the application for approval shall be processed and approved in
12.15the same manner as an application for approval of an architectural modification to the
12.16property, and shall not be willfully avoided or delayed. A private entity shall approve or
12.17deny an application in writing. If an application is not denied in writing within 60 days
12.18from the date of receipt of the application, the application shall be deemed approved
12.19unless the delay is the result of a reasonable request for additional information.
12.20 Subd. 4. Recovery of attorney fees; civil penalty. (a) If an owner or tenant
12.21of residential property is denied the right provided by this section, the owner or tenant
12.22is entitled to recover from the party who denied the right reasonable attorney fees and
12.23expenses if the owner or tenant prevails in enforcing the right. If a solar energy system is
12.24installed, maintained, or operated in violation of enforceable restrictions or limitations, the
12.25party enforcing the restrictions or limitations is entitled to recover from the owner of the
12.26solar energy system reasonable attorney fees and expenses if the enforcing party prevails
12.27in enforcing the restrictions or limitations.
12.28(b) Any private entity that willfully violates this section shall be liable to the
12.29applicant or other party for actual damages resulting from the violation and shall pay a
12.30civil penalty to the applicant or other party in an amount not to exceed $1,000.
1.3to initiate a proceeding regarding interconnection of distributed generation
1.4facilities; providing for the establishment and operation of community solar
1.5generating facilities; amending provisions governing the ownership of renewable
1.6energy credits; establishing residential solar design standards;amending
1.7Minnesota Statutes 2012, sections 216B.02, subdivision 4; 216B.1611,
1.8subdivision 2; 216B.1691, subdivisions 1, 4; proposing coding for new law in
1.9Minnesota Statutes, chapters 216B; 500.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. TITLE.
1.12This act may be cited as the Solar Power Cost Reduction Act of 2013.
1.13 Sec. 2. Minnesota Statutes 2012, section 216B.02, subdivision 4, is amended to read:
1.14 Subd. 4. Public utility. (a) "Public utility" means persons, corporations, or
1.15other legal entities, their lessees, trustees, and receivers, now or hereafter operating,
1.16maintaining, or controlling in this state equipment or facilities for furnishing at retail
1.17natural, manufactured, or mixed gas or electric service to or for the public or engaged
1.18in the production and retail sale thereof but does not include (1) a municipality or
1.19a cooperative electric association, organized under the provisions of chapter 308A,
1.20producing or furnishing natural, manufactured, or mixed gas or electric service; (2) a retail
1.21seller of compressed natural gas used as a vehicular fuel which purchases the gas from a
1.22public utility; or (3) a retail seller of electricity used to recharge a battery that powers an
1.23electric vehicle, as defined in section
1.24public utility under this chapter.
2.1(b) Except as otherwise provided, the provisions of this chapter shall not be
2.2applicable to any sale of natural, manufactured, or mixed gas or electricity by a public
2.3utility to another public utility for resale. In addition, the provisions of this chapter shall
2.4not apply to a public utility whose total natural gas business consists of supplying natural,
2.5manufactured, or mixed gas to not more than 650 customers within a city pursuant to a
2.6franchise granted by the city, provided a resolution of the city council requesting exemption
2.7from regulation is filed with the commission. The city council may rescind the resolution
2.8requesting exemption at any time, and, upon the filing of the rescinding resolution with
2.9the commission, the provisions of this chapter shall apply to the public utility.
2.10(c) No person shall be deemed to be a public utility:
2.11(1) if it furnishes its services only to tenants or cooperative or condominium owners
2.12in buildings owned, leased, or operated by such person
2.13
2.14(2) furnishes service to occupants of a manufactured home or trailer park owned,
2.15leased, or operated by such person
2.16(3) produces or furnishes service to less than 25 persons; or
2.17(4) solely as a result of producing or furnishing electric service to customers who
2.18own or lease the real property on which solar photovoltaic devices are located, provided
2.19that the nameplate capacity of the solar photovoltaic devices is sized to supply no more
2.20than 120 percent of the average amount of electricity consumed annually by customers at
2.21that property over the previous three years.
2.22 Sec. 3. Minnesota Statutes 2012, section 216B.1611, subdivision 2, is amended to read:
2.23 Subd. 2. Distributed generation; generic proceeding. (a) The commission shall
2.24initiate a proceeding within 30 days of July 1,
2.25standards for utility tariffs for the interconnection and parallel operation of distributed
2.26generation fueled by natural gas or a renewable fuel, or another similarly clean fuel or
2.27combination of fuels of no more than ten megawatts of interconnected capacity. At a
2.28minimum, these tariff standards must:
2.29(1) to the extent possible, be consistent with industry and other federal and state
2.30operational and safety standards;
2.31(2) provide for the low-cost, safe, and standardized interconnection of facilities;
2.32(3) take into account differing system requirements and hardware, as well as
2.33the overall demand load requirements of individual utilities by establishing standards
2.34and requirements for interconnection for at least four separate categories of distributed
3.1generation facilities that vary by nameplate capacity and level of complexity and that
3.2address the following issues for each interconnection category:
3.3(i) applicable technical standards;
3.4(ii) timelines with specific deadlines for all utility decisions and actions;
3.5(iii) screening criteria;
3.6(iv) insurance;
3.7(v) metering and monitoring;
3.8(vi) facility testing, controls, and inspections;
3.9(vii) permissible interconnection fees and charges that may be fixed or based on
3.10approved formulas or rates; and
3.11(viii) other issues determined by the commission;
3.12(4) allow for reasonable terms and conditions, consistent with the interconnection
3.13level's cost and operating characteristics of the various technologies, so that a utility can
3.14reasonably be assured of the reliable, safe, and efficient operation of the interconnected
3.15equipment; and
3.16(5) establish for each interconnection level:
3.17(i) a standard interconnection agreement that sets forth the contractual conditions
3.18under which a company and a customer agree that one or more facilities may be
3.19interconnected with the company's utility system
3.20(ii) a standard application for interconnection and parallel operation with the utility
3.21system.
3.22(b) The commission may develop financial incentives based on a public utility's
3.23performance in encouraging residential and small business customers to participate in
3.24on-site generation.
3.25(c) The commission shall ensure tariff standards established under this paragraph
3.26require that:
3.27(1) interconnection applications, on a standard form determined by the commission,
3.28are reviewed in the order received;
3.29(2) utilities develop and maintain the capacity to accept interconnection applications
3.30online;
3.31(3) the type and amount of interconnection fees and charges not expressly approved
3.32by the commission are prohibited;
3.33(4) each utility prepare an interconnection manual containing a description of the
3.34interconnection process, standards, and requirements, as well as all required forms and
3.35standard agreements;
3.36(5) utilities must negotiate with agents hired by the applicant; and
4.1(6) an interconnection application dispute resolution process is established.
4.2(d) In developing its order, the commission shall consider relevant federal laws
4.3and rules as well as interconnection standards that have been developed by states and
4.4other appropriate entities. In adopting standards and requirements under this subdivision,
4.5the commission shall seek to prevent barriers to new technologies and shall not make
4.6compliance unduly burdensome and expensive.
4.7 Sec. 4. [216B.1641] DEFINITIONS.
4.8 Subdivision 1. Scope. For the purposes of sections 216B.1641 to 216B.1644, the
4.9following definitions have the meanings given.
4.10 Subd. 2. Community solar generating facility. "Community solar generating
4.11facility" means a facility:
4.12(1) that generates electricity by means of a solar photovoltaic device that has a
4.13capacity of less than two megawatts;
4.14(2) that is interconnected with a utility's distribution system under the jurisdiction
4.15of the commission;
4.16(3) that is located in the electric service area of the utility with which it is
4.17interconnected;
4.18(4) whose subscribers purchase, under long-term contract with the community solar
4.19generating facility, the right to consume the electricity generated from a specified portion
4.20of the facility's generating capacity;
4.21(5) that is not owned by a utility; and
4.22(6) that has at least two subscribers.
4.23 Subd. 3. Facility manager. "Facility manager" means an entity that manages a
4.24community solar generating facility for the benefit of subscribers and may, in addition,
4.25develop, construct, own, or operate the community solar generating facility. A facility
4.26manager may not be a utility, but may be:
4.27(1) a person whose sole purpose is to beneficially own and operate a community
4.28solar generating facility;
4.29(2) a Minnesota nonprofit corporation organized under chapter 317A;
4.30(3) a Minnesota cooperative association organized under chapter 308A or 308B;
4.31(4) a Minnesota political subdivision or local government including, but not limited
4.32to, a county, statutory or home rule charter city, town, school district, public or private
4.33higher education institution, or any other local or regional governmental organization such
4.34as a board, commission, or association; or
4.35(5) a tribal council.
5.1 Subd. 4. Renewable energy credit. "Renewable energy credit" has the meaning
5.2given in section 216B.1691, subdivision 1, paragraph (d).
5.3 Subd. 5. Solar photovoltaic device. "Solar photovoltaic device" has the meaning
5.4given in section 216C.06, subdivision 16.
5.5 Subd. 6. Subscriber. "Subscriber" means a retail customer of a utility who owns
5.6one or more subscriptions of a community solar generating facility interconnected with
5.7that utility. A facility manager may be a subscriber.
5.8 Subd. 7. Subscription. "Subscription" means a contract between a subscriber and a
5.9community solar generating facility that has a term of no less than 20 years and that
5.10provides to the subscriber a portion of the capacity of the community solar generating
5.11facility and a corresponding proportion of the electricity generated by the community
5.12solar generating facility.
5.13 Subd. 8. Utility. "Utility" means a utility subject to section 216B.164.
5.14 Sec. 5. [216B.1642] SUBSCRIPTIONS.
5.15 Subdivision 1. Presale of subscriptions. A community solar generating facility
5.16may not commence construction of the facility until contracts have been executed for
5.17subscriptions, excluding the subscription of the facility manager, that represent 80 percent
5.18of the proposed nameplate capacity of the community solar generating facility.
5.19 Subd. 2. Size. (a) A subscription must be a portion of the community solar generating
5.20facility's nameplate capacity sized so as to produce no more than 120 percent of the annual
5.21average amount of electricity consumed over the previous three years at the site where the
5.22subscriber's meter is located. If the site is newly constructed, the subscription must be sized
5.23based on 120 percent of the average annual amount of electricity consumed by a facility of
5.24similar size and type in the utility's service area, as determined by the facility manager.
5.25(b) A subscriber may not own one or more subscriptions whose total capacity
5.26exceeds 40 kilowatts.
5.27(c) A facility manager may not own subscriptions whose total capacity exceeds the
5.28maximum subscription size allowed under paragraph (a) plus ten percent of the remaining
5.29available nameplate capacity in the community solar generating facility, subject to the
5.30limit in paragraph (b).
5.31(d) The maximum subscription size for a subscriber consuming electricity generated
5.32from an eligible energy technology, as defined in section 216B.1691, subdivision 1, at any
5.33time during the term of the subscriber's subscription, is the maximum subscription size
5.34allowed under paragraph (a) minus the nameplate capacity of the eligible energy technology
5.35device providing electricity to the subscriber, subject to the limit in paragraph (b).
6.1 Subd. 3. Certification. Prior to the sale of a subscription, a facility manager
6.2must provide certification to the subscriber signed by the facility manager under penalty
6.3of perjury:
6.4(1) identifying the rate of insolation at the community solar generating facility;
6.5(2) certifying that the solar photovoltaic devices employed by the community solar
6.6generating facility to generate electricity have an electrical energy degradation rate of no
6.7more than 0.5 percent annually; and
6.8(3) certifying that the community solar generating facility is in full compliance with
6.9all applicable federal and state utility, securities, and tax laws.
6.10 Subd. 4. On-site subscriber. A subscriber who owns the property on which
6.11a community solar generating facility is located has no more rights with respect to
6.12subscription size or price than any other subscriber.
6.13 Subd. 5. Subscription prices. The price for a subscription to a community solar
6.14generating facility is not subject to regulation by the commission and is negotiated
6.15between the prospective subscriber and the facility manager.
6.16 Subd. 6. Subscription transfer. A subscriber that terminates the contract between
6.17the subscriber and the community solar generating facility must transfer the subscription
6.18to a person eligible to be a subscriber or to the facility manager at a price negotiated
6.19by both parties.
6.20 Subd. 7. New subscribers. Within 30 days of the execution of a contract between the
6.21community solar generating facility and a new subscriber, the facility manager shall submit
6.22the following information to the utility serving the community solar generating facility:
6.23(1) the new subscriber's name, address, number of meters, and utility customer
6.24account; and
6.25(2) the share of the community solar generating facility's nameplate capacity owned
6.26by the new subscriber.
6.27 Subd. 8. Meter change. A subscriber that moves to a different property served by
6.28the community solar generating facility from the property at which the subscriber resided
6.29at the time the contract between the subscriber and the community solar generating facility
6.30was executed, or that changes the number of meters attached to the subscriber's account,
6.31must notify the facility manager within 30 days of the change.
6.32 Subd. 9. Renewable energy credits. (a) Notwithstanding any other law, a
6.33subscriber owns the renewable energy credits associated with the electricity allocated to
6.34the subscriber's subscription. A utility may purchase renewable energy credits under a
6.35contract with a subscriber.
7.1(b) Renewable energy credits may not be assigned to a utility as a condition of entering
7.2into a contract or an interconnection agreement with a community solar generating facility.
7.3 Subd. 10. Disputes. The dispute resolution provisions available under section
7.4216B.164 shall be used to resolve disputes between a facility manager and the utility
7.5serving the community solar generating facility.
7.6 Sec. 6. [216B.1643] DISPOSITION OF ELECTRICITY GENERATED.
7.7 Subdivision 1. Allocation. (a) The total amount of electricity available for allocation
7.8to all subscribers of a community solar generating facility shall be determined by a
7.9production meter installed by the utility.
7.10(b) The total amount of electricity available to a subscriber shall be the total amount
7.11of electricity available for allocation to all subscribers of a community solar generating
7.12facility prorated by a subscriber's subscription size in relation to the nameplate capacity of
7.13the community solar generating facility.
7.14(c) A subscriber may not resell electricity governed by the subscriber's contract
7.15with a community solar generating facility.
7.16(d) All electricity generated by a community solar generating facility that is not
7.17consumed by subscribers must be sold to the utility interconnected with the community
7.18solar generating facility.
7.19 Subd. 2. Utility purchases. The utility to which the community solar generating
7.20facility is interconnected shall purchase all electricity generated by the community solar
7.21generating facility that is not consumed by subscribers. The price paid to the community
7.22solar generating facility by the utility is governed by section 216B.164, or any law
7.23superseding section 216B.164, that governs the price a utility must pay to purchase
7.24electricity from a solar photovoltaic device.
7.25 Subd. 3. Interconnection. The commission shall establish uniform fees for the
7.26interconnection of a community solar generating facility with a utility.
7.27 Subd. 4. Nonutility status. Notwithstanding section 216B.02, a community solar
7.28generating facility is not a public utility.
7.29 Sec. 7. [216B.1644] BILLING.
7.30 Subdivision 1. Billing procedure. A subscriber to a community solar generating
7.31facility must be:
7.32(1) charged by the utility interconnected with the community solar generating
7.33facility the utility's applicable rate schedule for sales to that class of customer for all
7.34electricity consumed by the subscriber;
8.1(2) paid by the utility the maximum rate allowable under section 216B.164, or
8.2any other law that may govern the price a utility must pay to purchase electricity from
8.3a solar photovoltaic device, for a portion of all electricity the utility purchases from
8.4the community solar generating facility that is equal to the ratio of the subscriber's
8.5subscription to the nameplate capacity of the community solar generating facility;
8.6(3) provided by the utility with a monthly bill that contains, in addition to the
8.7amounts in clauses (1) and (2), the net amount owed to the utility or net credit realized by
8.8the owner for that month and on a year-to-date basis; and
8.9(4) provided by the utility with a meter that allows for the separate calculation of the
8.10amount of electricity consumed and generated at the property.
8.11 Subd. 2. Billing system. The Department of Commerce shall, by January 1, 2014,
8.12establish a uniform administrative system to credit the utility accounts of subscribers to a
8.13community solar generating facility. In determining the uniform administrative system, the
8.14commission shall solicit comments and recommendations from utilities, ratepayers, and
8.15other interested parties, and shall review commercially available administrative systems
8.16and administrative systems used in jurisdictions where entities similar to community
8.17solar generating facilities are operating.
8.18 Sec. 8. Minnesota Statutes 2012, section 216B.1691, subdivision 1, is amended to read:
8.19 Subdivision 1. Definitions. (a) Unless otherwise specified in law, "eligible energy
8.20technology" means an energy technology that generates electricity from the following
8.21renewable energy sources:
8.22(1) solar;
8.23(2) wind;
8.24(3) hydroelectric with a capacity of less than 100 megawatts;
8.25(4) hydrogen, provided that after January 1, 2010, the hydrogen must be generated
8.26from the resources listed in this paragraph; or
8.27(5) biomass, which includes, without limitation, landfill gas; an anaerobic digester
8.28system; the predominantly organic components of wastewater effluent, sludge, or related
8.29by-products from publicly owned treatment works, but not including incineration of
8.30wastewater sludge to produce electricity; and an energy recovery facility used to capture
8.31the heat value of mixed municipal solid waste or refuse-derived fuel from mixed municipal
8.32solid waste as a primary fuel.
8.33 (b) "Electric utility" means a public utility providing electric service, a generation
8.34and transmission cooperative electric association, a municipal power agency, or a power
8.35district.
9.1 (c) "Total retail electric sales" means the kilowatt-hours of electricity sold in a year
9.2by an electric utility to retail customers of the electric utility or to a distribution utility
9.3for distribution to the retail customers of the distribution utility. "Total retail electric
9.4sales" does not include the sale of hydroelectricity supplied by a federal power marketing
9.5administration or other federal agency, regardless of whether the sales are directly to a
9.6distribution utility or are made to a generation and transmission utility and pooled for
9.7further allocation to a distribution utility.
9.8 (d) "Renewable energy credit" means a certificate of proof associated with the
9.9generation of electricity from an eligible renewable energy resource, issued through the
9.10accounting system approved by the commission under subdivision 4, stating that one unit
9.11of electricity was generated and delivered by an eligible renewable energy resource. A
9.12renewable energy credit includes all renewable and environmental attributes associated
9.13with the production of electricity from the eligible renewable energy resource.
9.14 Sec. 9. Minnesota Statutes 2012, section 216B.1691, subdivision 4, is amended to read:
9.15 Subd. 4. Renewable energy credits. (a) To facilitate compliance with this section,
9.16the commission, by rule or order, shall establish by January 1, 2008, a program for
9.17tradable renewable energy credits for electricity generated by eligible energy technology.
9.18The credits must represent energy produced by an eligible energy technology, as defined in
9.19subdivision 1. Each kilowatt-hour of renewable energy credits must be treated the same as
9.20a kilowatt-hour of eligible energy technology generated or procured by an electric utility if
9.21it is produced by an eligible energy technology. The program must permit a credit to be
9.22used only once. The program must treat all eligible energy technology equally and shall
9.23not give more or less credit to energy based on the state where the energy was generated or
9.24the technology with which the energy was generated. The commission must determine the
9.25period in which the credits may be used for purposes of the program.
9.26 (b) A renewable energy credit produced in Minnesota is owned by the owner of
9.27the eligible energy technology facility that generated the electricity associated with the
9.28renewable energy credit unless:
9.29 (1) the credit is expressly assigned to another entity by law;
9.30 (2) the credit was expressly transferred to another entity by contract executed prior
9.31to July 1, 2013; or
9.32 (3) the credit was assigned to another entity by order of the commission prior to
9.33July 1, 2013.
10.1 (c) A renewable energy credit may be transferred only through a contract. A public
10.2utility may not require transfer of a renewable energy credit as a condition for approval of
10.3a contract required under section 216B.1611 or 216B.164.
10.4 (d) In lieu of generating or procuring energy directly to satisfy the eligible energy
10.5technology objective or standard of this section, an electric utility may utilize renewable
10.6energy credits allowed under the program to satisfy the objective or standard.
10.7
10.8between states.
10.9
10.10commission-approved credit-tracking system or systems. Once a credit-tracking system is
10.11in operation, the commission shall issue an order establishing protocols for trading credits.
10.12
10.13renewable energy credits to an electric utility subject to subdivision 2a, paragraph (a),
10.14until 2021.
10.15 Sec. 10. [500.216] RESIDENTIAL SOLAR DESIGN STANDARDS.
10.16 Subdivision 1. General rule. (a) Any covenant, restriction, or condition contained
10.17in any deed, security instrument, homeowners association document, or any other
10.18instrument affecting the transfer or sale of, or any interest in, real property that prohibits
10.19or has the effect of prohibiting the owner of a single-family house or townhouse from
10.20installing, maintaining, or using a solar energy system is void and unenforceable.
10.21(b) The owner of a single-family house or townhouse, with respect to the owner's
10.22residential property, may not be denied permission to install, maintain, or use a solar
10.23energy system by any private entity.
10.24 Subd. 2. Definitions. (a) "Homeowners association document" means a document
10.25containing the declaration, articles of incorporation, bylaws, and rules and regulations of:
10.26(1) a common interest community, as defined in section 515B.1-103, paragraph (10),
10.27regardless of whether the common interest community is subject to chapter 515B; and
10.28(2) a residential community that is not a common interest community, as defined in
10.29section 515B.1-103, paragraph (10).
10.30(b) "Private entity" means any homeowners association, community association,
10.31condominium association, cooperative, or any other nongovernmental entity with
10.32covenants, bylaws, or administrative provisions with which the homeowner is required
10.33to comply by any covenant, restriction, or condition contained in any deed, security
10.34instrument, homeowners association document, or other instrument affecting the transfer
10.35or sale of, or any interest in, real property.
11.1(c) "Significantly" means:
11.2(1) for a solar water heating installation, an amount exceeding 20 percent of the
11.3cost of the system or decreasing the efficiency of the solar energy system by an amount
11.4exceeding 20 percent, as originally specified and proposed; and
11.5(2) for a solar photovoltaic installation, an amount not to exceed $2,000 above the
11.6solar energy system cost as originally specified and proposed, or a decrease in a solar
11.7energy system's efficiency, as originally specified and proposed, of more than 20 percent.
11.8(d) "Solar energy system" means a set of devices whose primary purpose is to
11.9collect, convert, and store solar energy for useful purposes including heating and cooling
11.10buildings or other energy-using processes, or to produce generated power by means of any
11.11combination of collecting, transferring, or converting solar-generated energy.
11.12(e) "Townhouse" means any single-family dwelling unit:
11.13(1) which extends from the foundation to the roof;
11.14(2) is constructed with a wall attached to another unit on at least one side;
11.15(3) has at least two sides which are unattached to any other building; and
11.16(4) where the owner of the unit is responsible for maintenance and repair of the
11.17unit's roof.
11.18 Subd. 3. Conditions. (a) A private entity may impose reasonable restrictions on the
11.19installation, maintenance, and use of solar energy systems, provided that those restrictions
11.20do not significantly increase the cost of the system or significantly decrease its efficiency or
11.21specified performance. For the purposes of this section, a private entity may require that:
11.22(1) a licensed contractor install the solar energy system;
11.23(2) the installer of a solar energy system indemnify or reimburse the private entity
11.24or its members for loss or damage caused by the installation, maintenance, or use of
11.25the solar energy system;
11.26(3) the owner and each successive owner of the solar energy system provide
11.27a certificate of insurance naming the private entity as an additional insured on the
11.28homeowner's insurance policy;
11.29(4) the owner and each successive owner be responsible for any costs for damages to
11.30the solar energy system, common elements, limited common elements, and any adjacent
11.31units arising or resulting from the installation, maintenance, repair, removal, or replacement
11.32of the solar energy system, and that the repair, maintenance, removal, and replacement
11.33responsibilities shall be assumed by each successive owner until the solar energy device
11.34has been removed from the common elements or limited common elements; and
12.1(5) the owner and any successive owner be responsible for removing the solar
12.2energy device if reasonably necessary for the repair, maintenance, or replacement of
12.3common elements or limited common elements.
12.4(b) A solar energy system shall meet applicable standards and requirements imposed
12.5by the state and by governmental units, as defined by section 462.384.
12.6(c) A solar energy system for heating water shall be certified by the Solar Rating
12.7Certification Corporation (SRCC) or other nationally recognized certification agency.
12.8A solar energy system for producing electricity shall meet all applicable safety and
12.9performance standards established by the National Electrical Code, the Institute of
12.10Electrical and Electronics Engineers, and accredited testing laboratories such as
12.11Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission
12.12regarding safety and reliability.
12.13(d) Whenever approval by a private entity is required for the installation or use of
12.14a solar energy system, the application for approval shall be processed and approved in
12.15the same manner as an application for approval of an architectural modification to the
12.16property, and shall not be willfully avoided or delayed. A private entity shall approve or
12.17deny an application in writing. If an application is not denied in writing within 60 days
12.18from the date of receipt of the application, the application shall be deemed approved
12.19unless the delay is the result of a reasonable request for additional information.
12.20 Subd. 4. Recovery of attorney fees; civil penalty. (a) If an owner or tenant
12.21of residential property is denied the right provided by this section, the owner or tenant
12.22is entitled to recover from the party who denied the right reasonable attorney fees and
12.23expenses if the owner or tenant prevails in enforcing the right. If a solar energy system is
12.24installed, maintained, or operated in violation of enforceable restrictions or limitations, the
12.25party enforcing the restrictions or limitations is entitled to recover from the owner of the
12.26solar energy system reasonable attorney fees and expenses if the enforcing party prevails
12.27in enforcing the restrictions or limitations.
12.28(b) Any private entity that willfully violates this section shall be liable to the
12.29applicant or other party for actual damages resulting from the violation and shall pay a
12.30civil penalty to the applicant or other party in an amount not to exceed $1,000.
