1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to energy; modifying various provisions governing net metering; amending |
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3 | 3 | | 1.3 Minnesota Statutes 2024, section 216B.164, subdivisions 2a, 3. |
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4 | 4 | | 1.4BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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5 | 5 | | 1.5 Section 1. Minnesota Statutes 2024, section 216B.164, subdivision 2a, is amended to read: |
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6 | 6 | | 1.6 Subd. 2a.Definitions.(a) For the purposes of this section, the following terms have the |
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7 | 7 | | 1.7meanings given them. |
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8 | 8 | | 1.8 (b) "Aggregated meter" means a meter located on the premises of a customer's owned |
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9 | 9 | | 1.9or leased property that is contiguous with property containing the customer's designated |
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10 | 10 | | 1.10meter. |
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11 | 11 | | 1.11 (c) "Capacity" means the number of megawatts alternating current (AC) at the point of |
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12 | 12 | | 1.12interconnection between a distributed generation facility and a utility's electric system that |
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13 | 13 | | 1.13a qualifying facility is capable of producing. |
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14 | 14 | | 1.14 (d) "Cogeneration" means a combined process whereby electrical and useful thermal |
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15 | 15 | | 1.15energy are produced simultaneously. |
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16 | 16 | | 1.16 (e) "Contiguous property" means property owned or leased by the customer sharing a |
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17 | 17 | | 1.17common border, without regard to interruptions in contiguity caused by easements, public |
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18 | 18 | | 1.18thoroughfares, transportation rights-of-way, or utility rights-of-way. |
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19 | 19 | | 1.19 (f) "Customer" means the person who is named on the utility electric bill for the premises. |
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20 | 20 | | 1.20 (g) "Designated meter" means a meter that is physically attached to the customer's facility |
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21 | 21 | | 1.21that the customer-generator designates as the first meter to which net metered credits are |
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22 | 22 | | 1Section 1. |
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23 | 23 | | 25-00964 as introduced01/21/25 REVISOR RSI/ES |
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24 | 24 | | SENATE |
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25 | 25 | | STATE OF MINNESOTA |
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26 | 26 | | S.F. No. 1142NINETY-FOURTH SESSION |
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27 | 27 | | (SENATE AUTHORS: RARICK, Hoffman, Kupec and Pratt) |
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28 | 28 | | OFFICIAL STATUSD-PGDATE |
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29 | 29 | | Introduction and first reading02/10/2025 |
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30 | 30 | | Referred to Energy, Utilities, Environment, and Climate 2.1to be applied as the primary meter for billing purposes when the customer is serviced by |
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31 | 31 | | 2.2more than one meter. |
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32 | 32 | | 2.3 (h) "Distributed generation" means a facility that: |
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33 | 33 | | 2.4 (1) has a capacity of ten megawatts or less; |
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34 | 34 | | 2.5 (2) is interconnected with a utility's distribution system, over which the commission has |
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35 | 35 | | 2.6jurisdiction; and |
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36 | 36 | | 2.7 (3) generates electricity from natural gas, renewable fuel, or a similarly clean fuel, and |
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37 | 37 | | 2.8may include waste heat, cogeneration, or fuel cell technology. |
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38 | 38 | | 2.9 (i) "High-efficiency distributed generation" means a distributed energy facility that has |
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39 | 39 | | 2.10a minimum efficiency of 40 percent, as calculated under section 272.0211, subdivision 1. |
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40 | 40 | | 2.11 (j) "Net metered facility" means an electric generation facility constructed for the purpose |
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41 | 41 | | 2.12of offsetting energy use through the use of renewable energy or high-efficiency distributed |
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42 | 42 | | 2.13generation sources. |
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43 | 43 | | 2.14 (k) "Renewable energy" has the meaning given in section 216B.2411, subdivision 2. |
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44 | 44 | | 2.15 (l) "Standby charge" means a charge imposed by an electric utility upon a distributed |
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45 | 45 | | 2.16generation facility for the recovery of costs for the provision of standby services, as provided |
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46 | 46 | | 2.17for in a utility's tariffs approved by the commission, necessary to make electricity service |
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47 | 47 | | 2.18available to the distributed generation facility. |
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48 | 48 | | 2.19 Sec. 2. Minnesota Statutes 2024, section 216B.164, subdivision 3, is amended to read: |
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49 | 49 | | 2.20 Subd. 3.Purchases; small facilities.(a) This paragraph applies to cooperative electric |
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50 | 50 | | 2.21associations and municipal utilities. For a qualifying facility having less than 40-kilowatt |
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51 | 51 | | 2.22capacity, the customer shall be billed for the net energy supplied by the utility according to |
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52 | 52 | | 2.23the applicable rate schedule for sales to that class of customer. A cooperative electric |
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53 | 53 | | 2.24association or municipal utility may charge an additional fee to recover the fixed costs not |
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54 | 54 | | 2.25already paid for by the customer through the customer's existing billing arrangement. Any |
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55 | 55 | | 2.26additional charge by the utility must be reasonable and appropriate for that class of customer |
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56 | 56 | | 2.27based on the most recent cost of service study. The cost of service study must be made |
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57 | 57 | | 2.28available for review by a customer of the utility upon request. In the case of net input into |
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58 | 58 | | 2.29the utility system by a qualifying facility having less than 40-kilowatt capacity, compensation |
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59 | 59 | | 2.30to the customer shall be at a per kilowatt-hour rate determined under paragraph (c), (d), or |
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60 | 60 | | 2.31(f). |
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61 | 61 | | 2Sec. 2. |
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62 | 62 | | 25-00964 as introduced01/21/25 REVISOR RSI/ES 3.1 (b) This paragraph applies to public utilities. For a qualifying facility having less than |
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63 | 63 | | 3.21,000-kilowatt capacity, the customer shall be billed for the net energy supplied by the |
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64 | 64 | | 3.3utility according to the applicable rate schedule for sales to that class of customer. In the |
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65 | 65 | | 3.4case of net input into the utility system by a qualifying facility having: (1) more than |
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66 | 66 | | 3.540-kilowatt but less than 1,000-kilowatt capacity, compensation to the customer shall be at |
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67 | 67 | | 3.6a per kilowatt-hour rate determined under paragraph (c); or (2) less than 40-kilowatt capacity, |
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68 | 68 | | 3.7compensation to the customer shall be at a per-kilowatt rate determined under paragraph |
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69 | 69 | | 3.8(c) or (d). |
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70 | 70 | | 3.9 (c) In setting rates, the commission shall consider the fixed distribution costs to the |
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71 | 71 | | 3.10utility not otherwise accounted for in the basic monthly charge and shall ensure that the |
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72 | 72 | | 3.11costs charged to the qualifying facility are not discriminatory in relation to the costs charged |
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73 | 73 | | 3.12to other customers of the utility. The commission shall set the rates for net input into the |
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74 | 74 | | 3.13utility system based on avoided costs as defined in the Code of Federal Regulations, title |
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75 | 75 | | 3.1418, section 292.101, paragraph (b)(6), the factors listed in Code of Federal Regulations, |
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76 | 76 | | 3.15title 18, section 292.304, and all other relevant factors. |
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77 | 77 | | 3.16 (d) Notwithstanding any provision in this chapter to the contrary, a qualifying facility |
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78 | 78 | | 3.17having that is interconnected to a public utility and has less than 40-kilowatt capacity may |
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79 | 79 | | 3.18elect that the compensation for net input by the qualifying facility into the utility system |
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80 | 80 | | 3.19shall be is at the average retail utility energy rate. "Average retail utility energy rate" is |
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81 | 81 | | 3.20defined as the average of the retail energy rates, exclusive of special rates based on income, |
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82 | 82 | | 3.21age, or energy conservation, according to the applicable rate schedule of the utility for sales |
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83 | 83 | | 3.22to that class of customer. |
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84 | 84 | | 3.23 (e) If the qualifying facility or net metered facility is interconnected with a nongenerating |
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85 | 85 | | 3.24utility which has a sole source contract with a municipal power agency or a generation and |
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86 | 86 | | 3.25transmission utility, the nongenerating utility may elect to treat its purchase of any net input |
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87 | 87 | | 3.26under this subdivision as being made on behalf of its supplier and shall be reimbursed by |
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88 | 88 | | 3.27its supplier for any additional costs incurred in making the purchase. Qualifying facilities |
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89 | 89 | | 3.28or net metered facilities having less than 1,000-kilowatt capacity if interconnected to a |
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90 | 90 | | 3.29public utility, or less than 40-kilowatt capacity if interconnected to a cooperative electric |
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91 | 91 | | 3.30association or municipal utility may, at the customer's option, elect to be governed by the |
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92 | 92 | | 3.31provisions of subdivision 4. |
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93 | 93 | | 3.32 (f) A customer with a qualifying facility or net metered facility having a capacity below |
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94 | 94 | | 3.3340 kilowatts that is interconnected to a cooperative electric association or a municipal utility |
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95 | 95 | | 3.34may elect to be compensated for the customer's net input into the utility system in the form |
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96 | 96 | | 3.35of a kilowatt-hour credit on the customer's energy bill carried forward and applied to |
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97 | 97 | | 3Sec. 2. |
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98 | 98 | | 25-00964 as introduced01/21/25 REVISOR RSI/ES 4.1subsequent energy bills. Any kilowatt-hour credits carried forward by the customer cancel |
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99 | 99 | | 4.2at the end of the calendar year with no additional compensation. A customer must be |
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100 | 100 | | 4.3compensated for a canceled credit at the per kilowatt-hour rate determined under paragraph |
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101 | 101 | | 4.4(c). |
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102 | 102 | | 4Sec. 2. |
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103 | 103 | | 25-00964 as introduced01/21/25 REVISOR RSI/ES |
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