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Journal of the Senate EIGHTY-SIXTH LEGISLATURE

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Journal of the Senate EIGHTY-SIXTH LEGISLATURE 76TH DAY] THURSDAY, MARCH 18, 2010 7939 Journal of the Senate EIGHTY-SIXTH LEGISLATURE SEVENTY-SIXTH DAY St. Paul, Minnesota, Thursday, March 18, 2010 The Senate met at 11:00 a.m. and was called to order by the President. CALL OF THE SENATE Senator Pogemiller imposed a call of the Senate. The Sergeant at Arms was instructed to bring in the absent members. Prayer was offered by Senator Michael J. Jungbauer. The roll was called, and the following Senators answered to their names: Anderson Fischbach Kubly Ortman Sheran Bakk Fobbe Langseth Pappas Sieben Berglin Foley Latz Pariseau Skoe Betzold Frederickson Limmer Parry Skogen Bonoff Gerlach Lourey Pogemiller Sparks Carlson Gimse Lynch Prettner Solon Stumpf Chaudhary Hann Marty Rest Tomassoni Clark Higgins Metzen Robling Torres Ray Cohen Ingebrigtsen Michel Rosen Vandeveer Dahle Johnson Moua Rummel Vickerman Dibble Jungbauer Murphy Saltzman Wiger Dille Kelash Olseen Saxhaug Doll Koch Olson, G. Scheid Erickson Ropes Koering Olson, M. Senjem The President declared a quorum present. The reading of the Journal was dispensed with and the Journal, as printed and corrected, was approved. REPORTS OF COMMITTEES Senator Pogemiller moved that the Committee Reports at the Desk be now adopted. The motion prevailed. Senator Rest from the Committee on State and Local Government Operations and Oversight, to which was referred S.F. No. 2260: A bill for an act proposing an amendment to the Minnesota Constitution, article IV, section 12; adding a provision to allow legislators to call a special session. 7940 JOURNAL OF THE SENATE [76TH DAY Reports the same back with the recommendation that the bill be amended as follows: Page 1, line 18, delete "legislative"andinsert"calendar" And when so amended the bill do pass and be re-referred to the Committee on Rules and Administration. Amendments adopted. Report adopted. Senator Rest from the Committee on State and Local Government Operations and Oversight, to which was referred S.F. No. 2586: A bill for an act relating to the legislature; proposing an amendment to the Minnesota Constitution, article IV, section 4; providing for temporary successors to members of the legislature called into active military service; providing for implementing statutory language; proposing coding for new law in Minnesota Statutes, chapter 3. Reports the same back with the recommendation that the bill be amended as follows: Page 1, line 17, after "member"insert"determines that the member" Page 2, line 1, delete "authorize"andinsert"require" Page 2, line 20, after "legislature"insert"in writing" Page 2, line 22, delete everything after "Upon" Page 2, delete line 23 and insert "written notification from a legislator that the legislator has been ordered to active duty and that the legislator has determined that the legislator will be unavailable to perform the powers and duties of the legislator's office, the appropriate presiding officer shall immediately designate a temporary successor from the list of" Page 2, line 27, delete everything after "(d)" Page 2, line 28, delete "of which the person is a temporary member, and" Page 3, line 1, delete "reserved"andinsert"reserve" Page 3, line 6, after "until"insert":(1)" Page 3, line 7, after "legislature"insert"in writing of the date" Page 3, line 9, delete "such"andinsert"this" Page 3, line 10, delete the period and insert "; or (2) a successor to the office has been elected and qualified to fill a vacancy in the office under chapter 204D." Page 3, line 18, delete everything after "compensation"andinsert",except as provided in paragraph (c)." Page 3, delete lines 19 to 21 and insert: "(c) Notwithstanding the limits on compensation under paragraph (b), and during the time period the temporary successor exercises the powers and duties of a legislator: (1) the dependents of the legislator on active duty shall remain eligible for state-paid hospital, 76TH DAY] THURSDAY, MARCH 18, 2010 7941 medical, and dental benefits on the same basis as dependents of other members of the legislature; and (2) a legislator serving on active duty as provided under this section may continue to contribute to the member's legislative retirement plan as provided under chapter 3A, and the member's house of the legislature must continue to make any payments to the plan on the same basis those payments are made for other members of the applicable legislative retirement plan." Amend the title numbers accordingly And when so amended the bill do pass and be re-referred to the Committee on Rules and Administration. Amendments adopted. Report adopted. Senator Rest from the Committee on State and Local Government Operations and Oversight, to which was re-referred S.F. No. 2720: A bill for an act relating to energy; authorizing green energy revenue bonds; permitting local assessments for energy improvements by cities; creating a voluntary energy efficiency financing program for cities; amending Minnesota Statutes 2008, section 429.101, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 216C. Reports the same back with the recommendation that the bill be amended as follows: Delete everything after the enacting clause and insert: "Section 1. [216C.435] DEFINITIONS. Subdivision 1. Scope. For the purposes of this section and section 216C.436, the terms defined in this section have the meanings given them. Subd. 2. City. "City" means a home rule charter or statutory city. Subd. 3. Local government. "Local government" means a city, county, or town. Subd. 4. Energy audit. "Energy audit" means a formal evaluation of the energy consumption of a building by a state certified energy auditor, for the purpose of identifying appropriate energy improvements that could be made to the building and including an estimate of the length of time a specific energy improvement will take to repay its purchase and installation costs, based on the amount of energy saved and estimated future energy prices. Subd. 5. Energy improvement. "Energy improvement" means: (1) any renovation or retrofitting of a building to improve energy efficiency that is permanently affixed to the property and that results in a net reduction in energy consumption without altering the principal source of energy; (2) installation of new or upgraded electrical circuits and related equipment to enable electrical vehicle charging; or (3) a renewable energy system attached to, installed within, or proximate to a building that generates electrical or thermal energy from a renewable energy source. Subd. 6. Qualifying real property. "Qualifying real property" means a single-family or 7942 JOURNAL OF THE SENATE [76TH DAY multifamily residential dwelling, or a commercial or industrial building, that the city has determined, after review of an energy audit or renewable energy system feasibility study, can be benefited by installation of energy improvements. Subd. 7. Renewable energy. "Renewable energy" means energy produced by means of solar thermal, solar photovoltaic, wind, or geothermal resources. Subd. 8. Renewable energy system feasibility study. "Renewable energy system feasibility study" means a written study, conducted by a contractor trained to perform that analysis, for the purpose of determining the feasibility of installing a renewable energy system in a building, including an estimate of the length of time a specific renewable energy system will take to repay its purchase and installation costs, based on the amount of energy saved and estimated future energy prices. For a geothermal energy improvement, the feasibility study must calculate net savings in terms of nongeothermal energy and costs. Subd. 9. Solar thermal. "Solar thermal" has the meaning given to "qualifying solar thermal project" in section 216B.2411, subdivision 2, paragraph (e). Subd. 10. Solar photovoltaic. "Solar photovoltaic" has the meaning given in section 216C.06, subdivision 16, and must meet the requirements of section 216C.25. EFFECTIVE DATE. This section is effective the day following final enactment. Sec. 2. [216C.436] VOLUNTARY ENERGY IMPROVEMENTS FINANCING PROGRAM FOR LOCAL GOVERNMENTS. Subdivision 1. Program authority. A local government may establish a program to finance energy improvements to enable owners of qualifying real property to pay for cost-effective energy improvements to the qualifying real property with the net proceeds and interest earnings of revenue bonds authorized in this section. Subd. 2. Program requirements. A financing program must: (1) impose requirements and conditions on financing arrangements to ensure timely repayment; (2) require an energy audit or renewable energy system feasibility study to be conducted on the qualifying real property and reviewed by the local government prior to approval of the financing; (3) inspect the installation and verify the performance of energy improvements financed by the program; (4) require that all cost-effective energy improvements be made to a qualifying real property prior to, or in conjunction with, an applicant's repayment of financing for energy improvements for that property; (5) have work financed by the program done by licensed contractors as required by chapter 326B or other law or ordinance; (6) require disclosures to borrowers by the local government of the risks involved in borrowing, including the risk of foreclosure if a tax delinquency results from a default; (7) provide financing only to those who demonstrate an ability to repay; 76TH DAY] THURSDAY, MARCH 18, 2010 7943 (8) not provide financing for a qualifying real property in which the owner is not current on mortgage or real property tax payments; (9) require a petition by each owner of the qualifying real property requesting collections of repayments as a special assessment under section 429.101; (10) provide that payments and assessments are not accelerated due to a default and that a tax delinquency exists only for assessments not paid when due; and (11) provide that liability for special assessments related to the financing runs with the qualifying real property. Subd. 3. Retail and end use prohibited. Energy generated by an energy improvement may not be sold, transmitted, or distributed at retail and may not be provided for end use from an off-site facility of the electrical energy.
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