1.1Senator Pratt moved to amend S.F. No. 4942 as follows:
1.2Page 103, after line 9, insert:

1.3    "Sec. 2. Minnesota Statutes 2022, section 216B.01, is amended to read:
1.4216B.01 LEGISLATIVE FINDINGS.
1.5It is the policy of this state to preserve a safe, reliable, and affordable energy system that
1.6facilitates the use of all available energy options. It is hereby declared to be in the public
1.7interest that public utilities be regulated as hereinafter provided in order to provide the retail
1.8consumers of natural gas and electric service in this state with adequate and reliable services
1.9at reasonable rates, consistent with the financial and economic requirements of public utilities
1.10and their need to construct facilities to provide such services or to otherwise obtain energy
1.11supplies, to avoid unnecessary duplication of facilities which increase the cost of service
1.12to the consumer and to minimize disputes between public utilities which may result in
1.13inconvenience or diminish efficiency in service to the consumers. Because municipal utilities
1.14are presently effectively regulated by the residents of the municipalities which own and
1.15operate them, and cooperative electric associations are presently effectively regulated and
1.16controlled by the membership under the provisions of chapter 308A, it is deemed unnecessary
1.17to subject such utilities to regulation under this chapter except as specifically provided
1.18herein."
1.19Page 105, after line 11, insert:

1.20    "Sec. 3. Minnesota Statutes 2022, section 216B.1691, subdivision 1, as amended by Laws
1.212023, chapter 7, section 3, is amended to read:
1.22    Subdivision 1. Definitions. (a) For purposes of this section, the following terms have
1.23the meaning given them.
1.24(b) "Carbon-free" means a technology that generates electricity without emitting carbon
1.25dioxide.
1.26    (c) Unless otherwise specified in law, "eligible energy technology" means an energy
1.27technology that generates electricity from the following renewable energy sources:
1.28(1) solar;
1.29(2) wind;
1.30(3) hydroelectric with a capacity of: (i) less than 100 megawatts; or (ii) 100 megawatts
1.31or more, provided that the facility is in operation as of the effective date of this act;
2.1(4) hydrogen generated from the resources listed in this paragraph; or
2.2(5) biomass, which includes, without limitation, landfill gas; an anaerobic digester
2.3system; the predominantly organic components of wastewater effluent, sludge, or related
2.4by-products from publicly owned treatment works, but not including incineration of
2.5wastewater sludge to produce electricity; and, except as provided in subdivision 1a, an
2.6energy recovery facility used to capture the heat value of mixed municipal solid waste or
2.7refuse-derived fuel from mixed municipal solid waste as a primary fuel.; or
2.8(6) nuclear.
2.9    (d) "Electric utility" means: (1) a public utility providing electric service; (2) a generation
2.10and transmission cooperative electric association; (3) a municipal power agency; (4) a power
2.11district; or (5) a cooperative electric association or municipal utility providing electric service
2.12that is not a member of an entity in clauses (2) to (4).
2.13(e) "Environmental justice area" means an area in Minnesota that, based on the most
2.14recent data published by the United States Census Bureau, meets one or more of the following
2.15criteria:
2.16(1) 40 percent or more of the area's total population is nonwhite;
2.17(2) 35 percent or more of households in the area have an income that is at or below 200
2.18percent of the federal poverty level;
2.19(3) 40 percent or more of the area's residents over the age of five have limited English
2.20proficiency; or
2.21(4) the area is located within Indian country, as defined in United State Code, title 18,
2.22section 1151.
2.23    (f) "Total retail electric sales" means the kilowatt-hours of electricity sold in a year by
2.24an electric utility to retail customers of the electric utility or to a distribution utility for
2.25distribution to the retail customers of the distribution utility.
2.26EFFECTIVE DATE.This section is effective the day following final enactment.

2.27    Sec. 4. Minnesota Statutes 2022, section 216B.1691, subdivision 2e, as amended by Laws
2.282023, chapter 7, section 8, is amended to read:
2.29    Subd. 2e. Rate impact of standard compliance; report. (a) Each electric utility must
2.30submit to the commission and the legislative committees with primary jurisdiction over
2.31energy policy a report containing an estimation of the rate impact of activities of the electric
2.32utility necessary to comply with this section. In consultation with the Department of
3.1Commerce, the commission shall determine a uniform reporting system to ensure that
3.2individual utility reports are consistent and comparable, and shall, by order, require each
3.3electric utility subject to this section to use that reporting system. The rate impact estimate
3.4must be for wholesale rates and, if the electric utility makes retail sales, the estimate shall
3.5also be for the impact on the electric utility's retail rates. Those activities include, without
3.6limitation, energy purchases, generation facility acquisition and construction, and
3.7transmission improvements. A report must be updated and submitted as part of each
3.8integrated resource plan or plan modification filed by the electric utility under section
3.9216B.2422. The reporting obligation of an electric utility under this subdivision expires
3.10December 31, 2040.
3.11(b) A report submitted under this subdivision must include an explanation of the electric
3.12utility's efforts to reduce carbon dioxide emissions and increase the use of renewable energy
3.13in the electric utility's operations in a manner that does not adversely affect customer costs
3.14or the reliability of electric service to Minnesotans.
3.15EFFECTIVE DATE.This section is effective the day following final enactment."
3.16Page 117, after line 26, insert:

3.17    "Sec. 5. Minnesota Statutes 2022, section 216B.243, subdivision 3b, is amended to read:
3.18    Subd. 3b. Nuclear power plant; new construction prohibited; relicensing. (a) The
3.19commission may not issue a certificate of need for the construction of a new nuclear-powered
3.20electric generating plant.
3.21(b) Any certificate of need for additional storage of spent nuclear fuel for a facility
3.22seeking a license extension shall address the impacts of continued operations over the period
3.23for which approval is sought.

3.24    Sec. 6. Minnesota Statutes 2022, section 216B.243, subdivision 8, as amended by Laws
3.252023, chapter 7, section 23, is amended to read:
3.26    Subd. 8. Exemptions. (a) This section does not apply to:
3.27(1) cogeneration or small power production facilities as defined in the Federal Power
3.28Act, United States Code, title 16, section 796, paragraph (17), subparagraph (A), and
3.29paragraph (18), subparagraph (A), and having a combined capacity at a single site of less
3.30than 80,000 kilowatts; plants or facilities for the production of ethanol or fuel alcohol; or
3.31any case where the commission has determined after being advised by the attorney general
3.32that its application has been preempted by federal law;
4.1(2) a high-voltage transmission line proposed primarily to distribute electricity to serve
4.2the demand of a single customer at a single location, unless the applicant opts to request
4.3that the commission determine need under this section or section 216B.2425;
4.4(3) the upgrade to a higher voltage of an existing transmission line that serves the demand
4.5of a single customer that primarily uses existing rights-of-way, unless the applicant opts to
4.6request that the commission determine need under this section or section 216B.2425;
4.7(4) a high-voltage transmission line of one mile or less required to connect a new or
4.8upgraded substation to an existing, new, or upgraded high-voltage transmission line;
4.9(5) conversion of the fuel source of an existing electric generating plant to using natural
4.10gas;
4.11(6) the modification of an existing electric generating plant to increase efficiency, as
4.12long as the capacity of the plant is not increased more than ten percent or more than 100
4.13megawatts, whichever is greater;
4.14(7) a large wind energy conversion system, as defined in section 216F.01, subdivision
4.152, or a solar energy generating system, as defined in section 216E.01, subdivision 9a, if the
4.16system is owned and operated by an independent power producer and the electric output of
4.17the system:
4.18(i) is not sold to an entity that provides retail service in Minnesota or wholesale electric
4.19service to another entity in Minnesota other than an entity that is a federally recognized
4.20regional transmission organization or independent system operator; or
4.21(ii) is sold to an entity that provides retail service in Minnesota or wholesale electric
4.22service to another entity in Minnesota other than an entity that is a federally recognized
4.23regional transmission organization or independent system operator, provided that the system
4.24represents solar or wind capacity that the entity purchasing the system's electric output was
4.25ordered by the commission to develop in the entity's most recent integrated resource plan
4.26approved under section 216B.2422; or
4.27(8) a large wind energy conversion system, as defined in section 216F.01, subdivision
4.282, or a solar energy generating system that is a large energy facility, as defined in section
4.29216B.2421, subdivision 2, engaging in a repowering project that:
4.30(i) will not result in the system exceeding the nameplate capacity under its most recent
4.31interconnection agreement; or
4.32(ii) will result in the system exceeding the nameplate capacity under its most recent
4.33interconnection agreement, provided that the Midcontinent Independent System Operator
5.1has provided a signed generator interconnection agreement that reflects the expected net
5.2power increase.;
5.3(9) a nuclear-powered electric generating plant;
5.4(10) a hydroelectric generating facility; or
5.5(11) a biomass electric generating facility.
5.6(b) For the purpose of this subdivision, "repowering project" means:
5.7(1) modifying a large wind energy conversion system or a solar energy generating system
5.8that is a large energy facility to increase its efficiency without increasing its nameplate
5.9capacity;
5.10(2) replacing turbines in a large wind energy conversion system without increasing the
5.11nameplate capacity of the system; or
5.12(3) increasing the nameplate capacity of a large wind energy conversion system.
5.13(c) The exemptions under paragraph (a), clauses (9) to (11), do not apply if the
5.14commission determines that the exemption is not in the public interest.
5.15EFFECTIVE DATE.This section is effective the day following final enactment and
5.16applies to a large wind energy conversion system, a solar energy generating system, a
5.17nuclear-powered electric generating plant, a hydroelectric generating facility, or a biomass
5.18electric generating facility whose owner has filed an application for a certificate of need
5.19with the Public Utilities Commission on or after that date."
5.20Renumber the sections in sequence and correct the internal references
5.21Amend the title accordingly
5.22The motion prevailed. #did not prevail. So the amendment was #not adopted.