Bill Text: MN HF843 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Utilities and associations permitted to retain unspent funds if it contributes to a low-income home energy assistance program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-21 - Introduction and first reading, referred to Energy Policy [HF843 Detail]
Download: Minnesota-2013-HF843-Introduced.html
1.2relating to energy; conservation; permitting utilities and associations to retain
1.3unspent funds if certain conditions are met;amending Minnesota Statutes 2012,
1.4section 216B.241, subdivision 1c.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 216B.241, subdivision 1c, is amended to
1.7read:
1.8 Subd. 1c. Energy-saving goals. (a) The commissioner shall establish energy-saving
1.9goals for energy conservation improvement expenditures and shall evaluate an energy
1.10conservation improvement program on how well it meets the goals set.
1.11 (b) Each individual utility and association shall have an annual energy-savings
1.12goal equivalent to 1.5 percent of gross annual retail energy sales unless modified by the
1.13commissioner under paragraph (d). The savings goals must be calculated based on the
1.14most recent three-year weather-normalized average. A utility or association may elect to
1.15carry forward energy savings in excess of 1.5 percent for a year to the succeeding three
1.16calendar years, except that savings from electric utility infrastructure projects allowed
1.17under paragraph (d) may be carried forward for five years. A particular energy savings can
1.18be used only for one year's goal.
1.19 (c) The commissioner must adopt a filing schedule that is designed to have all
1.20utilities and associations operating under an energy-savings plan by calendar year 2010.
1.21 (d) In its energy conservation improvement plan filing, a utility or association may
1.22request the commissioner to adjust its annual energy-savings percentage goal based on
1.23its historical conservation investment experience, customer class makeup, load growth, a
1.24conservation potential study, or other factors the commissioner determines warrants an
2.1adjustment. The commissioner may not approve a plan of a public utility that provides for
2.2an annual energy-savings goal of less than one percent of gross annual retail energy sales
2.3from energy conservation improvements.
2.4 A utility or association may include in its energy conservation plan energy savings
2.5from electric utility infrastructure projects approved by the commission under section
2.6216B.1636
or waste heat recovery converted into electricity projects that may count as
2.7energy savings in addition to a minimum energy-savings goal of at least one percent for
2.8energy conservation improvements. Electric utility infrastructure projects must result in
2.9increased energy efficiency greater than that which would have occurred through normal
2.10maintenance activity.
2.11 (e) An energy-savings goal is not satisfied by attaining the revenue expenditure
2.12requirements of subdivisions 1a and 1b, but can only be satisfied by meeting the
2.13energy-savings goal established in this subdivision. If a utility or association meets its
2.14energy-savings goal without spending the full amount required by subdivision 1a or
2.151b and it contributes one-third of any unspent amount to a low-income home energy
2.16assistance program under section 216B.16, subdivision 15, the utility or association may
2.17retain the remaining unspent funds.
2.18 (f) An association or utility is not required to make energy conservation investments
2.19to attain the energy-savings goals of this subdivision that are not cost-effective even
2.20if the investment is necessary to attain the energy-savings goals. For the purpose of
2.21this paragraph, in determining cost-effectiveness, the commissioner shall consider the
2.22costs and benefits to ratepayers, the utility, participants, and society. In addition, the
2.23commissioner shall consider the rate at which an association or municipal utility is
2.24increasing its energy savings and its expenditures on energy conservation.
2.25 (g) On an annual basis, the commissioner shall produce and make publicly available
2.26a report on the annual energy savings and estimated carbon dioxide reductions achieved
2.27by the energy conservation improvement programs for the two most recent years for
2.28which data is available. The commissioner shall report on program performance both in
2.29the aggregate and for each entity filing an energy conservation improvement plan for
2.30approval or review by the commissioner.
2.31 (h) By January 15, 2010, the commissioner shall report to the legislature whether
2.32the spending requirements under subdivisions 1a and 1b are necessary to achieve the
2.33energy-savings goals established in this subdivision.
1.3unspent funds if certain conditions are met;amending Minnesota Statutes 2012,
1.4section 216B.241, subdivision 1c.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 216B.241, subdivision 1c, is amended to
1.7read:
1.8 Subd. 1c. Energy-saving goals. (a) The commissioner shall establish energy-saving
1.9goals for energy conservation improvement expenditures and shall evaluate an energy
1.10conservation improvement program on how well it meets the goals set.
1.11 (b) Each individual utility and association shall have an annual energy-savings
1.12goal equivalent to 1.5 percent of gross annual retail energy sales unless modified by the
1.13commissioner under paragraph (d). The savings goals must be calculated based on the
1.14most recent three-year weather-normalized average. A utility or association may elect to
1.15carry forward energy savings in excess of 1.5 percent for a year to the succeeding three
1.16calendar years, except that savings from electric utility infrastructure projects allowed
1.17under paragraph (d) may be carried forward for five years. A particular energy savings can
1.18be used only for one year's goal.
1.19 (c) The commissioner must adopt a filing schedule that is designed to have all
1.20utilities and associations operating under an energy-savings plan by calendar year 2010.
1.21 (d) In its energy conservation improvement plan filing, a utility or association may
1.22request the commissioner to adjust its annual energy-savings percentage goal based on
1.23its historical conservation investment experience, customer class makeup, load growth, a
1.24conservation potential study, or other factors the commissioner determines warrants an
2.1adjustment. The commissioner may not approve a plan of a public utility that provides for
2.2an annual energy-savings goal of less than one percent of gross annual retail energy sales
2.3from energy conservation improvements.
2.4 A utility or association may include in its energy conservation plan energy savings
2.5from electric utility infrastructure projects approved by the commission under section
2.7energy savings in addition to a minimum energy-savings goal of at least one percent for
2.8energy conservation improvements. Electric utility infrastructure projects must result in
2.9increased energy efficiency greater than that which would have occurred through normal
2.10maintenance activity.
2.11 (e) An energy-savings goal is not satisfied by attaining the revenue expenditure
2.12requirements of subdivisions 1a and 1b, but can only be satisfied by meeting the
2.13energy-savings goal established in this subdivision. If a utility or association meets its
2.14energy-savings goal without spending the full amount required by subdivision 1a or
2.151b and it contributes one-third of any unspent amount to a low-income home energy
2.16assistance program under section 216B.16, subdivision 15, the utility or association may
2.17retain the remaining unspent funds.
2.18 (f) An association or utility is not required to make energy conservation investments
2.19to attain the energy-savings goals of this subdivision that are not cost-effective even
2.20if the investment is necessary to attain the energy-savings goals. For the purpose of
2.21this paragraph, in determining cost-effectiveness, the commissioner shall consider the
2.22costs and benefits to ratepayers, the utility, participants, and society. In addition, the
2.23commissioner shall consider the rate at which an association or municipal utility is
2.24increasing its energy savings and its expenditures on energy conservation.
2.25 (g) On an annual basis, the commissioner shall produce and make publicly available
2.26a report on the annual energy savings and estimated carbon dioxide reductions achieved
2.27by the energy conservation improvement programs for the two most recent years for
2.28which data is available. The commissioner shall report on program performance both in
2.29the aggregate and for each entity filing an energy conservation improvement plan for
2.30approval or review by the commissioner.
2.31 (h) By January 15, 2010, the commissioner shall report to the legislature whether
2.32the spending requirements under subdivisions 1a and 1b are necessary to achieve the
2.33energy-savings goals established in this subdivision.
