Bill Text: MN SF86 | 2011-2012 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Carbon dioxide emissions increase by utilities ban modification
Spectrum: Moderate Partisan Bill (Republican 28-5)
Status: (Vetoed) 2011-05-27 - Governor veto [SF86 Detail]
Download: Minnesota-2011-SF86-Engrossed.html
Bill Title: Carbon dioxide emissions increase by utilities ban modification
Spectrum: Moderate Partisan Bill (Republican 28-5)
Status: (Vetoed) 2011-05-27 - Governor veto [SF86 Detail]
Download: Minnesota-2011-SF86-Engrossed.html
1.2relating to energy; modifying ban on increased carbon dioxide emissions by
1.3utilities;amending Minnesota Statutes 2010, section 216H.03, subdivision 7.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 216H.03, subdivision 7, is amended to
1.6read:
1.7 Subd. 7. Other exemptions. The prohibitions in subdivision 3 do not apply to:
1.8 (1) a new large energy facility under consideration by the Public Utilities
1.9Commission pursuant to proposals or applications filed with the Public Utilities
1.10Commission before April 1, 2007, or to any power purchase agreement related to a facility
1.11described in this clause. The exclusion of pending proposals and applications from the
1.12prohibitions in subdivision 3 does not limit the applicability of any other law and is not an
1.13expression of legislative intent regarding whether any pending proposal or application
1.14should be approved or denied;
1.15 (2) a contract not subject to commission approval that was entered into prior to
1.16April 1, 2007, to purchase power from a new large energy facility that was approved by
1.17a comparable authority in another state prior to that date, for which municipal or public
1.18power district bonds have been issued, and on which construction has begun;or
1.19 (3) a new large energy facility or a power purchase agreement between a Minnesota
1.20utility and a new large energy facility located outside Minnesota that the Public
1.21Utilities Commission has determined is essential to ensure the long-term reliability of
1.22Minnesota's electric system, to allow electric service for increased industrial demand,
1.23or to avoid placing a substantial financial burden on Minnesota ratepayers. An order
1.24of the commission granting an exemption under this clause is stayed until the June 1
2.1following the next regular or annual session of the legislature that begins after the date of
2.2the commission's final order; or
2.3(4) 1,500 megawatts of electric generating capacity, in aggregate, from new large
2.4energy facilities or power purchase agreements with those new large energy facilities that:
2.5(i) are fueled by feedstock coal; and
2.6(ii) began construction after April 1, 2007.
2.7Projects will receive priority for exemption under this clause based on the shortest amount
2.8of time after April 1, 2007, and the date construction of a new large energy facility begins.
2.9Power purchase agreements with new large energy facilities that are exempt from the
2.10prohibitions in subdivision 3 pursuant to this clause are also exempt from the prohibitions
2.11in subdivision 3. An exemption under this clause is not valid unless certified by the Public
2.12Utilities Commission. The commission must certify a request for an exemption if it finds
2.13the request and the grant of the exemption is in compliance with this clause.
2.14EFFECTIVE DATE.This section is effective the day following final enactment.
1.3utilities;amending Minnesota Statutes 2010, section 216H.03, subdivision 7.
1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.5 Section 1. Minnesota Statutes 2010, section 216H.03, subdivision 7, is amended to
1.6read:
1.7 Subd. 7. Other exemptions. The prohibitions in subdivision 3 do not apply to:
1.8 (1) a new large energy facility under consideration by the Public Utilities
1.9Commission pursuant to proposals or applications filed with the Public Utilities
1.10Commission before April 1, 2007, or to any power purchase agreement related to a facility
1.11described in this clause. The exclusion of pending proposals and applications from the
1.12prohibitions in subdivision 3 does not limit the applicability of any other law and is not an
1.13expression of legislative intent regarding whether any pending proposal or application
1.14should be approved or denied;
1.15 (2) a contract not subject to commission approval that was entered into prior to
1.16April 1, 2007, to purchase power from a new large energy facility that was approved by
1.17a comparable authority in another state prior to that date, for which municipal or public
1.18power district bonds have been issued, and on which construction has begun;
1.19 (3) a new large energy facility or a power purchase agreement between a Minnesota
1.20utility and a new large energy facility located outside Minnesota that the Public
1.21Utilities Commission has determined is essential to ensure the long-term reliability of
1.22Minnesota's electric system, to allow electric service for increased industrial demand,
1.23or to avoid placing a substantial financial burden on Minnesota ratepayers. An order
1.24of the commission granting an exemption under this clause is stayed until the June 1
2.1following the next regular or annual session of the legislature that begins after the date of
2.2the commission's final order; or
2.3(4) 1,500 megawatts of electric generating capacity, in aggregate, from new large
2.4energy facilities or power purchase agreements with those new large energy facilities that:
2.5(i) are fueled by feedstock coal; and
2.6(ii) began construction after April 1, 2007.
2.7Projects will receive priority for exemption under this clause based on the shortest amount
2.8of time after April 1, 2007, and the date construction of a new large energy facility begins.
2.9Power purchase agreements with new large energy facilities that are exempt from the
2.10prohibitions in subdivision 3 pursuant to this clause are also exempt from the prohibitions
2.11in subdivision 3. An exemption under this clause is not valid unless certified by the Public
2.12Utilities Commission. The commission must certify a request for an exemption if it finds
2.13the request and the grant of the exemption is in compliance with this clause.
2.14EFFECTIVE DATE.This section is effective the day following final enactment.
