STATE OF
MINNESOTA
EIGHTY-EIGHTH
SESSION - 2013
_____________________
FIFTY-FIRST
DAY
Saint Paul, Minnesota, Tuesday, May 7, 2013
The House of Representatives convened at
9:00 a.m. and was called to order by Paul Thissen, Speaker of the House.
Prayer was offered by Sharon Day,
Indigenous People's Task Force, Minneapolis, Minnesota.
The members of the House gave the pledge
of allegiance to the flag of the United States of America.
The roll was called and the following
members were present:
Abeler
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hoppe
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
A quorum was present.
Atkins was excused until 5:05 p.m.
The Chief Clerk proceeded to read the
Journal of the preceding day. There
being no objection, further reading of the Journal was dispensed with and the
Journal was approved as corrected by the Chief Clerk.
REPORTS OF STANDING COMMITTEES
AND DIVISIONS
Carlson from the Committee on Ways and Means to which was referred:
H. F. No. 863, A bill for an act relating to campaign finance; providing for additional disclosure; making various changes to campaign finance and public disclosure law; providing penalties; amending Minnesota Statutes 2012, sections 10A.01, subdivisions 10, 11, 27, 28, by adding subdivisions; 10A.02, subdivisions 9, 10, 11, 12, 15; 10A.025, subdivisions 2, 3; 10A.105, subdivision 1; 10A.12, subdivisions 1, 1a, 2; 10A.121; 10A.14, subdivision 1, by adding a subdivision; 10A.15, subdivisions 1, 2, 3; 10A.20, subdivisions 1, 2, 3, 5, 6, 7, by adding a subdivision; 10A.241; 10A.25, subdivisions 2, 2a, 3; 10A.257, subdivision 1; 10A.27, subdivisions 1, 10, 11, 13, 14, 15; 10A.323; 211B.32, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 10A; repealing Minnesota Statutes 2012, sections 10A.24; 10A.242; 10A.25, subdivision 6.
Reported the same back with the recommendation that the bill pass.
The
report was adopted.
Carlson from the Committee on
Ways and Means to which was referred:
H. F. No. 1054, A bill
for an act relating to marriage; providing for marriage between two persons;
providing for exemptions based on religious association; amending Minnesota
Statutes 2012, sections 363A.26; 517.01; 517.03, subdivision 1; 517.08,
subdivision 1a; 517.09; 518.07; proposing coding for new law in Minnesota
Statutes, chapter 517.
Reported the same back with the recommendation that the bill
pass.
The
report was adopted.
Carlson from the Committee on
Ways and Means to which was referred:
S. F. No. 1234, A bill for an act relating to
workers' compensation; making various policy and housekeeping changes; adopting
advisory council recommendations; requiring a report; amending Minnesota
Statutes 2012, sections 176.011, subdivisions 15, 16; 176.081, subdivisions 1,
7; 176.101, subdivision 1; 176.102, subdivisions 3a, 5, 10; 176.106, subdivisions 1, 3; 176.129, subdivision 13; 176.136,
subdivision 1b; 176.138; 176.183, subdivision 4; 176.245; 176.521;
176.645; 176.83, subdivision 5.
Reported the same back with the following amendments:
Page 7, line 24, after "action" insert a
comma
Page 9, line 16, after "action" insert a
comma
With the recommendation that when so amended the bill pass.
The
report was adopted.
SECOND READING OF HOUSE BILLS
H. F. Nos. 863 and 1054
were read for the second time.
SECOND READING
OF SENATE BILLS
S. F. No. 1234 was read for
the second time.
Murphy, E., moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by the Speaker.
Abeler was excused for the remainder of
today's session.
CALENDAR FOR
THE DAY
H. F. No. 740 was reported
to the House.
Johnson, C., moved to amend H. F. No. 740, the second engrossment, as follows:
Page 8, after line 8, insert:
"Sec. 6. Laws 1989, chapter 136, section 1, is amended to read:
Section 1.
CONVEYANCE OF ST. PETER
STATE HOSPITAL PROPERTY TO LEO A. HOFFMANN CENTER, INC.
(a) Notwithstanding Minnesota Statutes, sections
16B.24 and 94.09 to 94.16, the commissioner of administration may convey the
land described in this section without consideration to Leo A. Hoffmann Center,
Inc. of St. Peter, Minnesota.
(b) The conveyance must be conditioned that the real property, including buildings and other improvements, reverts to the state if the property is not used as a nonprofit treatment facility. The conveyance must be in a form approved by the attorney general.
(c) The land that may be conveyed is vacant property without buildings on the grounds of the St. Peter Regional Treatment Center containing 10.43 acres, more or less, in Nicollet County, Minnesota, described as:
That part of the Northwest Quarter of the Northeast Quarter of Section 29, Township 110 North, Range 26 West, Nicollet County, Minnesota, described as:
Commencing at the North Quarter Corner of Section 29; thence South 89 degrees 54 minutes 24 seconds East (assumed bearing) along the North line of Section 29, a distance of 83.41 feet; thence South 00 degrees 34 minutes 17 seconds East on a line parallel to the centerline of Minnesota trunk highway marked No. 333 (Sheppard Drive), a distance of 107.33 feet to the South right-of-way of Minnesota trunk highway marked No. 99, also being the point of beginning; thence continuing South 00 degrees 34 minutes 17 seconds East, 600.00 feet; thence North 89 degrees 25 minutes 43 seconds East, 800.00 feet; thence North 00 degrees 34 minutes 17 seconds West, 427.95 feet to the southerly right-of-way line of Minnesota trunk highway marked No. 99; thence North 88 degrees 59 minutes 48 seconds West along the southerly right-of-way line of Minnesota trunk highway marked No. 99 a distance of 419.28 feet; thence North 01 degrees 00 minutes 12 seconds East along said right-of-way line 150.00 feet; thence North 88 degrees 59 minutes 48 seconds West along said right-of-way line 385.15 feet to the point of beginning.
(d) The property to be conveyed is surplus property of the St. Peter Regional Treatment Center and is not needed for state use. The property is needed by Leo A. Hoffmann Center, Inc. to construct a residential treatment facility. The property is adjacent to property presently used by Leo A. Hoffmann Center, Inc. under a lease agreement with the St. Peter Regional Treatment Center and the best interests of the state of Minnesota and of the Leo A. Hoffmann Center, Inc. would be served by continuing and expanding the present relationship between the state and Leo A. Hoffmann Center, Inc. by conveying the property.
(e) All construction plans and specifications for the residential treatment facility to be built on the site must be submitted to the commissioner of administration for review and approval.
(f) Notwithstanding Minnesota Statutes, sections 16B.281 to 16B.283, the Leo A. Hoffmann Center, Inc. may request the commissioner of administration to release the condition under paragraph (b) that the real property, including buildings and other improvements, reverts to the state if the property is not used as a nonprofit treatment facility. The state shall release the condition only upon payment of the appraised value of the land, plus any appraisal or other costs incurred by the state to process the requested sale, as determined by the commissioner of administration at the time of the sale of the property. The commissioner of administration may add conditions to the sale of the property deemed to be in the interest of the state. Upon receipt of full payment of the sale price, the commissioner of administration shall issue a quit claim deed for the property to the Leo A. Hoffmann Center, Inc., releasing the reverter condition. The money received from the sale shall be disposed of according to Minnesota Statutes, section 16B.287."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Drazkowski,
Kelly, McNamara and Erickson, R., moved to amend H. F. No. 740,
the second engrossment, as amended, as follows:
Page 17, after line 11, insert:
"Sec. 20. PRIVATE
SALE OF SURPLUS STATE LAND; GOODHUE COUNTY.
(a) Notwithstanding Minnesota Statutes,
sections 94.09 and 94.10, the commissioner of natural resources may sell by
private sale the surplus land that is described in paragraph (c).
(b) The conveyance must be in a
form approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct
errors and ensure accuracy.
(c) The land that may be sold is
located in Goodhue County and is described as:
That part of the Southwest Quarter of the Northeast Quarter of Section
36, Township 112 North, Range 15 West, Goodhue County, Minnesota described as
follows: commencing at the northeast
corner of said Southwest Quarter of the Northeast Quarter; thence West along
the north line thereof a distance of 121.00 feet; thence South parallel with
the east line of said Southwest Quarter of the Northeast Quarter a distance of
469.00 feet to the point of beginning of the land to be described; thence
deflecting 74 degrees 05 minutes 35 seconds left a distance of 125.82 feet to a
point on the east line of said Southwest Quarter of the Northeast Quarter;
thence South along said east line of the Southwest Quarter of the Northeast
Quarter a distance of 34.35 feet; thence deflecting 68 degrees 41 minutes 35
seconds right a distance of 192.41 feet; thence deflecting 21 degrees 34
minutes 56 seconds right, parallel with the north line of said Southwest
Quarter of the Northeast Quarter, a distance of 274.27 feet; thence deflecting
17 degrees 18 minutes 00 seconds left a distance of 156.54 feet; thence
deflecting 35 degrees 54 minutes 26 seconds right a distance of 343.33 feet to
the southwest corner of the East 928.00 feet of the North 545.00 feet of said
Southwest Quarter of the Northeast Quarter; thence East along the south line of
the North 545.00 feet of said Southwest Quarter of the Northeast Quarter a
distance of 807.00 feet to the east line of the West 7.00 feet of the East
128.00 feet of the North 545.00 feet of said Southwest Quarter of the Northeast
Quarter; thence North, parallel with the east line of said Southwest Quarter of
the Northeast Quarter, a distance of 76.00 feet to the point of beginning,
containing 1.38 acres, more or less.
(d) The Department of Natural Resources has determined that the land is not needed for natural resource purposes and that the state's land management interests would best be served if the land were conveyed to an adjacent landowner."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
The Speaker called Simon to the Chair.
McNamara, O'Driscoll and Erickson, R., moved to amend H. F. No. 740, the second engrossment, as amended, as follows:
Page 25, after line 6, insert:
"Sec. 31. EXCHANGE
OF STATE LAND; ST. LOUIS COUNTY.
(a) Notwithstanding Minnesota Statutes,
section 92.461, and the riparian restrictions in Minnesota Statutes, section
94.342, subdivision 3, the commissioner of natural resources may, with the
approval of the Land Exchange Board, as required under the Minnesota
Constitution, article XI, section 10, and according to the remaining provisions
of Minnesota Statutes, sections 94.342 to 94.347, exchange the land described
in paragraph (c).
(b) The conveyance must be in a form
approved by the attorney general. The
attorney general may make necessary changes to the legal description to correct
errors and ensure accuracy.
(c) The state lands that may be
conveyed are located in St. Louis County and are described as:
(1) Section 6, Township 54, Range 17;
(2) Sections 1, 2, 11, and 12, Township
54, Range 18;
(3) Sections 7, 8, 9, 10, 16, 17, 18,
19, 20, 21, 22, 27, 28, 29, 30, 31, 32, and 33, Township 55, Range 17;
(4) Sections 1, 2, 3, 10, 11, 12, 13,
15, 22, 24, 25, 27, and 36, Township 55, Range 18; and
(5) Sections 25, 26, 34, and 36,
Township 56, Range 18.
(d) Prior to initiating a land exchange pursuant to Minnesota Statutes, section 94.343, the commissioner of natural resources shall consult with the Legislative Permanent School Fund Commission to obtain its advice on the proposed priority lands for exchange."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The
question was taken on the McNamara et al amendment and the roll was called. There were 78 yeas and 53 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Cornish
Daudt
Davids
Dean, M.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Faust
Fischer
FitzSimmons
Franson
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
Masin
McDonald
McNamara
Myhra
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Poppe
Pugh
Quam
Runbeck
Sanders
Sawatzky
Schomacker
Scott
Selcer
Slocum
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Ward, J.E.
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Falk
Freiberg
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Paymar
Persell
Radinovich
Rosenthal
Savick
Schoen
Simon
Simonson
Sundin
Wagenius
Ward, J.A.
Winkler
Yarusso
The motion prevailed and the amendment was
adopted.
Hoppe was excused between the hours of 1:50 p.m. and 7:05
p.m.
H. F. No. 740,
A bill for an act relating to state lands; modifying landowners' bill of
rights; modifying land acquisition account; providing for school forests;
providing for sale of certain tax-forfeited land within Fond du Lac Indian Reservation;
adding to and deleting from state parks and forests; authorizing certain
exchanges and sales of state lands; amending Minnesota Statutes 2012, sections
84.0274, subdivision 6; 89.41; 94.165; 282.01, subdivisions 1a, 1d; Laws 1989,
chapter 136, section 1.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 113 yeas and 17 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Brynaert
Carlson
Cornish
Daudt
Davids
Dean, M.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hertaus
Hilstrom
Holberg
Hortman
Howe
Huntley
Johnson, B.
Johnson, C.
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Metsa
Moran
Morgan
Murphy, E.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
Those who voted in the negative were:
Bly
Clark
Davnie
Dehn, R.
Hansen
Hausman
Hornstein
Isaacson
Johnson, S.
Kahn
Loeffler
Melin
Mullery
Murphy, M.
Paymar
Wagenius
Ward, J.A.
The bill was passed, as amended, and its
title agreed to.
H. F. No. 542, A bill for
an act relating to state government; establishing expectations for classified
employees as nonpartisan resources to all decision makers; providing additional
whistleblower protection to state employees; amending Minnesota Statutes 2012,
section 181.932, subdivision 1; proposing coding for new law in Minnesota
Statutes, chapter 43A.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of the bill and the
roll was called. There were 79 yeas and
52 nays as follows:
Those who voted in the affirmative were:
Allen
Anzelc
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Davids
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Gunther
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Torkelson
Uglem
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Daudt
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Hackbarth
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Urdahl
Wills
Woodard
Zellers
Zerwas
The bill was passed and its title agreed
to.
H. F. No. 80 was reported
to the House.
Hilstrom moved to amend H. F. No. 80, the first engrossment, as follows:
Page 1, line 6, delete the first "an" and insert "a conciliation court or district court"
Page 2, line 2, delete everything after "or"
Page 2, line 3, delete everything before "in" and before the semicolon, insert ", proof that the party seeking the judgment used reasonable efforts to provide the court with the correct address for the debtor"
Page 2, line 5, delete everything after "cases" and insert a period
Page 2, delete line 6
Page 2, line 7, after "to" insert "requests, applications, and"
Page 2, line 8, before "filed" insert "and conciliation court cases"
The
motion prevailed and the amendment was adopted.
H. F. No. 80, A bill for an act relating to
judgments; regulating assigned consumer debt default judgments; proposing
coding for new law in Minnesota Statutes, chapter 548.
The bill was read for the third time, as
amended, and placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
The
bill was passed, as amended, and its title agreed to.
S. F. No. 748, A bill for
an act relating to commerce; regulating preneed funeral insurance; amending
Minnesota Statutes 2012, sections 61A.258, by adding a subdivision; 72A.207.
The bill was read for the third time and
placed upon its final passage.
The question was taken on the passage of
the bill and the roll was called. There
were 131 yeas and 0 nays as follows:
Those who voted in the affirmative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Franson
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
The
bill was passed and its title agreed to.
Persell moved that the House recess
subject to the call of the Chair. The
motion prevailed.
RECESS
RECONVENED
The House reconvened and was called to
order by Speaker pro tempore Simon.
Lohmer was excused between the hours of
4:30 p.m. and 6:50 p.m.
Franson was excused between the hours of
4:30 p.m. and 7:45 p.m.
CALENDAR FOR
THE DAY, Continued
H. F. No. 956 was reported
to the House.
Hortman moved to amend H. F. No. 956, the third engrossment, as follows:
Page 4, delete lines 1 to 3 and insert "of financing or owning distributed generation equipment located on a customer's property, provided that all of the electricity produced by the generating equipment is delivered or sold to the utility that serves the customer."
Page 14, delete section 14
Page 27, delete section 31
Page 29, delete section 33
Page 38, line 10, after "commissioner" insert ", in consultation with Minnesota electric utilities and transmission companies,"
Page 38, line 29, delete "December 1, 2013" and insert "November 1, 2014"
Page 39, delete section 45
Page 41, line 3, delete "50" and insert "46"
The
motion prevailed and the amendment was adopted.
Hortman moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 12, line 8, after the period, insert "To qualify for aggregation under this subdivision, a meter must be owned by the customer requesting the aggregation, must be located on contiguous property owned by the customer requesting the aggregation, and the total capacity of all qualifying facilities attached to a customer's aggregated meters must not exceed the maximum capacity of qualifying facilities eligible to be governed under this section."
Page 12, line 32, delete "prohibited"
Page 12, line 33, delete "is prohibited from limiting" and insert "may limit"
Page 12, line 34, delete everything after "3" and insert a period
Page 13, delete lines 1 to 3 and insert "A public utility may request the commission to limit the cumulative generation of qualifying facilities under subdivision 3 upon a showing that such generation has reached three percent of the public utility's annual retail electricity sales."
Page 13, line 4, delete everything before "The"
The
motion prevailed and the amendment was adopted.
Benson, J., moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 40, after line 16, insert:
"Sec. 48. TRANSMISSION
LINE; CERTIFICATE OF NEED REQUIRED AND EVIDENCE REQUIRED.
(a) A high-voltage transmission line with a capacity of 100 kilovolts or more proposed to be located within a city in the metropolitan area as defined in Minnesota Statutes, section 473.121, subdivision 2, for which a route permit application was filed between June 2011 and August 2011, and a certificate of need application was filed between June 2012 and August 2012, to rebuild approximately eight miles of 69 kilovolt transmission with a high-voltage transmission line to meet local area distribution needs, must be approved in a certificate of need proceeding conducted under Minnesota Statutes, section 216B.243. The certificate of need may be approved only if the commission finds by clear and convincing evidence that there is no feasible, cost-effective, and available distribution level alternative to the transmission line.
(b) Further proceedings
regarding the routing of a high-voltage transmission line described in this
section shall be suspended until the Public Utilities Commission has made a
determination that the transmission line is needed.
EFFECTIVE DATE. This section is effective the day following final enactment and applies to route permits and certificate of need applications pending on or after that date."
Page 41, line 3, before "Sections" insert "Unless otherwise specified,"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion prevailed and the amendment was adopted.
Quam moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 14, delete section 15
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
The
motion did not prevail and the amendment was not adopted.
Quam moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 15, line 4, delete "must" and insert "may"
Page 15, line 5, delete everything after the period
Page 15, delete lines 6 to 9
A roll call was requested and properly
seconded.
The question was taken on the Quam
amendment and the roll was called. There
were 57 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment was not adopted.
Quam moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 24, line 31, delete "2.0" and insert "1.0"
Page 24, line 32, delete "4.0" and insert "2.0"
Page 25, line 1, delete "ten" and insert "five"
A roll call was requested and properly
seconded.
The question was taken on the Quam
amendment and the roll was called. There
were 0 yeas and 129 nays as follows:
Those who voted in the negative were:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, J.
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mack
Mahoney
Mariani
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Spk. Thissen
The
motion did not prevail and the amendment was not adopted.
Swedzinski moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 31, line 20, delete "and"
Page 31, line 25, before the period, insert:
";
(4) whose cost of material inputs that originate
or are manufactured in Minnesota represent at least 51 percent of the solar
photovoltaic modules' total cost of materials; and
(5) whose value added from manufacturing
in Minnesota represents at least 51 percent of the sum of the value added from
manufacturing in Minnesota plus the value added from the manufacture of all of
the material inputs to the solar photovoltaic modules manufactured outside
Minnesota.
For the purposes of this section, "value added" means the value of products shipped minus the cost of materials, supplies, containers, and purchased energy"
A roll call was requested and properly
seconded.
Garofalo
moved to amend the Swedzinski amendment to H. F. No. 956, the
third engrossment, as amended, as follows:
Page 1, after line 12, insert:
"Page 33, line 15, before the period, insert ", or if the commissioner determines that, during the manufacturing process, lead, cadmium, nitrogen trifluoride or other hazardous substance or hazardous waste defined in section 115B.02, subdivisions 9 or 10, are released to the environment""
A roll call was requested and properly
seconded.
The question
was taken on the amendment to the amendment and the roll was called. There were 58 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hansen
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment to the amendment was not adopted.
Garofalo moved to amend the Swedzinski amendment to H. F. No. 956, the third engrossment, as amended, as follows:
Page 1, after line 12, insert:
"Page 36, after line 16, insert:
"Subd. 7. Suspension of payment. No incentive payment may be made to the owner of a solar photovoltaic device under this section if it increases electricity rates to the ratepayers of the utility to which the solar photovoltaic device is interconnected.""
A roll call was requested and properly
seconded.
The question was taken on the amendment to
the amendment and the roll was called.
There were 59 yeas and 71 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Dill
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment to the amendment was not adopted.
The question recurred on the Swedzinski
amendment and the roll was called. There
were 58 yeas and 72 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hansen
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment was not adopted.
Quam moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 30, line 21, after "section" insert ", not to exceed the average wholesale rate"
Page 30, delete lines 22 to 29
Page 31, line 2, after "system" insert ", not to exceed the average wholesale rate,"
A roll call was requested and properly
seconded.
The question was taken on the Quam
amendment and the roll was called. There
were 56 yeas and 74 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dean, M.
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the amendment
was not adopted.
Quam moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 23, delete section 21
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Quam amendment and the roll
was called. There were 58 yeas and 72
nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, R.
Erickson, S.
Fabian
Faust
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Falk
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mahoney
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment was not adopted.
Quam moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 22, line 16, strike "with a capacity of less than 100 megawatts"
A roll call was requested and properly
seconded.
The question was taken on the Quam
amendment and the roll was called. There
were 57 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, R.
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Loon
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hamilton
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mahoney
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
The motion did not prevail and the
amendment was not adopted.
Mahoney was excused between the hours of
6:40 p.m. and 10:30 p.m.
CALL OF THE HOUSE
On the motion of Daudt and on the demand
of 10 members, a call of the House was ordered.
The following members answered to their names:
Albright
Allen
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Atkins
Barrett
Beard
Benson, M.
Bernardy
Bly
Brynaert
Carlson
Clark
Cornish
Daudt
Davids
Davnie
Dean, M.
Dehn, R.
Dettmer
Dill
Dorholt
Drazkowski
Erhardt
Erickson, R.
Erickson, S.
Fabian
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Halverson
Hamilton
Hansen
Hausman
Hertaus
Hilstrom
Holberg
Hornstein
Hortman
Howe
Huntley
Isaacson
Johnson, B.
Johnson, C.
Johnson, S.
Kahn
Kelly
Kieffer
Kiel
Kresha
Laine
Leidiger
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Lohmer
Loon
Mack
Marquart
Masin
McDonald
McNamar
McNamara
Melin
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Myhra
Nelson
Newberger
Newton
Nornes
Norton
O'Driscoll
O'Neill
Paymar
Pelowski
Peppin
Persell
Petersburg
Poppe
Pugh
Quam
Radinovich
Rosenthal
Runbeck
Sanders
Savick
Sawatzky
Schoen
Schomacker
Scott
Selcer
Simon
Simonson
Slocum
Sundin
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Wills
Winkler
Woodard
Yarusso
Zellers
Zerwas
Garofalo moved that further proceedings of
the roll call be suspended and that the Sergeant at Arms be instructed to bring
in the absentees. The motion prevailed
and it was so ordered.
Gruenhagen moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 24, after line 4, insert:
"Sec. 22. Minnesota Statutes 2012, section 216B.1691, subdivision 2b, is amended to read:
Subd. 2b. Modification
or delay of standard. (a) The
commission, for a public utility, and the governing body, for a cooperative
association or municipal utility, shall modify or delay the implementation
of a standard obligation, in whole or in part, if the commission or
governing body determines it is in the public interest to do so. The commission or governing body, when
requested to modify or delay implementation of a standard, must consider:
(1) the impact of implementing the standard on its customers' utility costs, including the economic and competitive pressure on the utility's customers;
(2) the effects of implementing the standard on the reliability of the electric system;
(3) technical advances or technical concerns;
(4) delays in acquiring sites or routes due to rejection or delays of necessary siting or other permitting approvals;
(5) delays, cancellations, or nondelivery of necessary equipment for construction or commercial operation of an eligible energy technology facility;
(6) transmission constraints preventing delivery of service; and
(7) other statutory obligations imposed on the commission or a utility.
The commission or governing body may modify or delay implementation of a standard obligation under clauses (1) to (3) only if it finds implementation would cause significant rate impact, requires significant measures to address reliability, or raises significant technical issues. The commission or governing body may modify or delay implementation of a standard obligation under clauses (4) to (6) only if it finds that the circumstances described in those clauses were due to circumstances beyond an electric utility's control and make compliance not feasible.
(b) When considering whether to delay or modify implementation of a standard obligation, the commission or governing body must give due consideration to a preference for electric generation through use of eligible energy technology and to the achievement of the standards set by this section.
(c) An electric utility requesting a modification or delay in the implementation of a standard must file a plan to comply with its standard obligation in the same proceeding that it is requesting the delay.
(d) For the purposes of this section,
"governing body" means:
(1) for a municipal electric utility,
the city council of that municipality, or another body empowered by law or
resolution of the city council or by its charter to establish and regulate
rates for the distribution of electric energy within the service area of the
city; or
(2) for an electric cooperative association, the board that governs the association."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Gruenhagen amendment and the
roll was called.
Murphy, E., moved that those not voting be
excused from voting. The motion
prevailed.
There were 61 yeas and 67 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Dill
Drazkowski
Erickson, R.
Erickson, S.
Fabian
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Pelowski
Peppin
Petersburg
Poppe
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dorholt
Erhardt
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Persell
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
The motion did not prevail and the
amendment was not adopted.
Thissen was excused between the hours of
7:05 p.m. and 7:50 p.m.
Scott moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 24, after line 3, insert:
"(d) The standards under this subdivision and subdivision 2f are suspended until the legislature determines that a cost-effective and reliable technology exists to store energy generated from intermittent renewable energy sources in order to minimize the increased costs and inefficiencies resulting from the intermittent nature of wind and solar energy resources."
A roll call was requested and properly
seconded.
The question was taken on the Scott amendment and the roll
was called.
Murphy, E., moved that those not voting be
excused from voting. The motion
prevailed.
There were 57 yeas and 73 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
The motion did not prevail and the
amendment was not adopted.
CALL OF
THE HOUSE LIFTED
Murphy, E., moved that the call of the
House be lifted. The motion prevailed
and it was so ordered.
Scott moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 24, after line 3, insert:
"(d) A utility is not required to
meet a standard by the date indicated under this subdivision or subdivision 2f
if, by the date by which the standard is to be met:
(1) additional electricity is not needed
to meet aggregate demand in the utility's Minnesota service area;
(2) no generation facility owned by the
utility that supplies electricity to the utility's Minnesota service area and
is generated by a technology other than an eligible energy technology is
scheduled to be retired; or
(3) no contract to purchase energy generated by a technology other than an eligible energy technology that supplies electricity to the utility's Minnesota service area is scheduled to be terminated."
A roll call was requested and properly
seconded.
The question was taken on the Scott amendment and the roll
was called. There were 57 yeas and 73
nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
The motion did not prevail and the
amendment was not adopted.
Beard moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 1, delete section 1
Page 2, delete section 2
Page 3, delete section 3
Page 4, delete sections 4 and 5
Page 9, delete section 8
Page 10, delete section 9
Page 11, delete section 10
Page 12, delete sections 11 and 12
Page 13, delete section 13
Page 14, delete sections 14 and 15
Page 17, delete section 16
Page 18, delete section 17
Page 20, delete section 18
Page 21, delete section 19
Page 22, delete section 20
Page 23, delete section 21
Page 24, delete sections 22 and 23
Page 26, delete section 29
Page 27, delete section 31
Page 28, delete section 32
Page 29, delete sections 33 and 34
Page 31, delete sections 35 and 36
Page 32, delete section 37
Page 33, delete section 38
Page 34, delete section 39
Page 36, delete sections 40 and 41
Page 37, delete section 43
Page 38, delete section 44
Page 39, delete sections 45 and 46
Page 40, delete sections 47 to 49
Page 41, line 3, delete "50" and insert "10"
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Beard amendment and the roll
was called. There were 60 yeas and 70
nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, R.
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
The motion did not prevail and the
amendment was not adopted.
Garofalo moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 10, delete section 9
Page 11, delete section 10
Page 13, delete section 13
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question was taken on the Garofalo amendment and the
roll was called. There were 60 yeas and
70 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, R.
Erickson, S.
Fabian
FitzSimmons
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Kresha
Leidiger
Lohmer
Loon
Mack
McDonald
McNamara
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erhardt
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Mariani
Marquart
Masin
McNamar
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Savick
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
The motion did not prevail and the
amendment was not adopted.
Gruenhagen moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 11, line 3, before the period, insert ", except as provided in subdivision (e)"
Page 11, after line 14, insert:
"(e) A qualifying facility interconnected with a cooperative association or a municipal utility providing electric service that is located outside of a metropolitan county, as defined in section 473.121, may not be paid more than the interconnecting utility's wholesale cost of electricity for net input of electricity to the utility's system, or, for a cooperative association or municipal utility that generates electricity, the utility's marginal cost of generation."
A roll call was requested and properly
seconded.
Gruenhagen moved to amend his amendment to H. F. No. 956, the third engrossment, as amended, as follows:
Page 1, line 6, delete "wholesale cost of" and insert "avoided cost rate under paragraph (b) or subdivision 4, paragraph (b), as applicable."
Page 1, delete lines 7 and 8
The
motion prevailed and the amendment to the amendment was adopted.
The question recurred on the
Gruenhagen amendment, as amended, and the roll was called. There were 55 yeas and 75 nays as follows:
Those who voted in the affirmative were:
Albright
Anderson, M.
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Drazkowski
Erickson, S.
Fabian
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe
Johnson, B.
Kelly
Kieffer
Kiel
Leidiger
Lohmer
Mack
McDonald
Myhra
Newberger
Nornes
O'Driscoll
O'Neill
Peppin
Petersburg
Pugh
Quam
Runbeck
Sanders
Savick
Schomacker
Scott
Swedzinski
Theis
Torkelson
Uglem
Urdahl
Wills
Woodard
Zellers
Zerwas
Those who voted in the negative were:
Allen
Anderson, P.
Anderson, S.
Anzelc
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dill
Dorholt
Erickson, R.
Falk
Faust
Fischer
FitzSimmons
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Huntley
Isaacson
Johnson, C.
Johnson, S.
Kahn
Kresha
Laine
Lenczewski
Lesch
Liebling
Lien
Lillie
Loeffler
Loon
Mariani
Marquart
Masin
McNamar
McNamara
Melin
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Nelson
Newton
Norton
Paymar
Pelowski
Persell
Poppe
Radinovich
Rosenthal
Sawatzky
Schoen
Selcer
Simon
Simonson
Slocum
Sundin
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
The motion did not prevail and the
amendment, as amended, was not adopted.
The
Speaker resumed the Chair.
Peppin moved to amend H. F. No. 956, the third engrossment, as amended, as follows:
Page 29, after line 3, insert:
"Sec. 33. Minnesota Statutes 2012, section 216B.243, subdivision 3b, is amended to read:
Subd. 3b. Nuclear
power plant; new construction prohibited; relicensing. (a) The commission may not issue a
certificate of need for the construction of a new nuclear-powered electric
generating plant.
(b) Any certificate of need for
additional storage of spent nuclear fuel for a facility seeking a license
extension shall address the impacts of continued operations over the period for
which approval is sought.
EFFECTIVE DATE. This section is effective upon the commencement of operations to transport spent nuclear fuel from commercial nuclear electric generating plants to a federal repository for permanent storage."
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
Kahn moved to amend the Peppin amendment to H. F. No. 956, the third engrossment, as amended, as follows:
Page 1, before line 2, insert:
"Page 26, after line 18, insert:
"Sec. 29. [216B.1696]
NUCLEAR POWER PLANT; COST RECOVERY.
(a) The commission may not allow any of
the following costs attributable to the construction of a nuclear generating
plant begun after July 1, 2013, to be recovered from Minnesota ratepayers until
the plant begins operating at a monthly load capacity factor of at least 85
percent:
(1) planning, design, safety,
environmental, or engineering studies undertaken prior to construction; or
(2) the costs of obtaining regulatory
approval, including permits, licenses and any other approval required prior to
construction from federal, state and local authorities.
(b) The commission may not allow any of
the following costs attributable to the construction of a nuclear generating
plant begun after July 1, 2013, to be recovered from Minnesota ratepayers:
(1) any construction costs exceeding
the projected construction cost of the generating plant and any ancillary
facility constructed by the utility to temporarily or permanently store nuclear
waste generated by the plant, as identified in the utility's certificate of
need application submitted under section 216B.243;
(2) the costs of insuring the plant
against accidents that exceed the cost of insurance for a fossil fuel plant of
equivalent capacity; or
(3) contributions from the plant to
provide and maintain local fire protection and emergency services to the plant
in case of an accident.
(c) Except for regulatory costs of
state agencies, no revenues from taxes or fees imposed by the state of
Minnesota may be used to pay for any portion of the preconstruction,
construction, maintenance, or operating costs of a nuclear generating plant, or
to assume any financial risk associated with an accidental release of
radioactivity from the generating plant or an ancillary facility constructed by
the utility that owns the generating plant to temporarily or permanently store
nuclear waste generated by the plant.
(d) A utility may recover from
ratepayers costs incurred to research the following issues regarding future
construction of a nuclear-powered electric generating plant:
(1) innovative plant designs and
nuclear technologies;
(2) improved safety and integrity of
back-up fuel systems to operate a plant in the event that routine electrical service
is interrupted;
(3) construction and plant design
methods to protect a plant against weather-related or other natural phenomena,
including earthquakes, tornadoes and floods;
(4) construction and plant design
methods and internal security measures to protect a plant against incidents of
terrorism;
(5) innovative technologies that reduce
the amount or toxicity of radioactive waste produced by a plant;
(6) innovative technologies for
storing nuclear waste on site that reduce the risk of environmental exposure to
radiation;
(7) improved systems to monitor the
release of radioactivity outside the plant;
(8) improved emergency preparedness
planning to evacuate plant workers and residents of communities surrounding a
plant in the event of an accident;
(9) the impacts of financing,
constructing, and operating a plant on ratepayers and the utility; and
(10) innovative financing mechanisms
that minimize financial risks to ratepayers and taxpayers.
EFFECTIVE DATE. This section is effective the day following final enactment.""
Page 1, after line 13, insert:
"Sec. 34. [216B.2442]
NUCLEAR POWER PLANT; FILTERED VENTING SYSTEM.
The public utility that owns a nuclear
electric generating plant in this state must, by December 31, 2014, install
commercially available engineered filtered containment venting systems at each
nuclear electric generating unit in this state with Mark I or Mark II
containments.
EFFECTIVE DATE. This section is effective the day following final enactment."
Page 1, line 8, before "Any" insert "(a)"
Page 1, after line 10, insert:
"(b) The commission may not issue a certificate of need for additional storage of spent nuclear fuel from a nuclear electric generating plant that has operated for 60 years and receives a license extension authorizing it to continue operating."
Page 1, after line 13, insert:
"Page 37, after line 10, insert:
"Sec. 43. REPORT.
(a)
By January 1, 2014, the Division of Homeland Security and Emergency Management
in the Department of Public Safety shall submit a report to the chairs and
ranking minority members of the senate and house committees with primary
jurisdiction over energy policy and the commissioner of public safety on
nuclear emergency planning that:
(1) obtains information from households
located outside the ten-mile emergency planning zone but within a 25-mile or
greater radius of a nuclear electric generating plant as to the level of public
awareness regarding the location of evacuation routes and relocation centers in
the event of a nuclear accident, the proportion of this population likely to
evacuate in the event of a nuclear accident, and the routes evacuees would
take;
(2) analyzes how the information
obtained in clause (1) would affect evacuation routes and times from the
emergency planning zone; and
(3)
outlines a process to share this information with state and local agencies
managing nuclear emergency preparedness efforts and to ensure that those
agencies incorporate this information into state and local emergency
preparedness plans and revise them accordingly.
(b) The costs of the report required
under this section shall be assessed by the Department of Public Safety to the
public utility that owns a nuclear electric generating plant in this state.
EFFECTIVE DATE. This section is effective the day following final enactment.""
Renumber the sections in sequence and correct the internal references
Amend the title accordingly
A roll call was requested and properly
seconded.
The question
was taken on the amendment to the amendment and the roll was called. There were 63 yeas and 69 nays as follows:
Those who voted in the affirmative were:
Allen
Atkins
Benson, J.
Bernardy
Bly
Brynaert
Carlson
Clark
Davnie
Dehn, R.
Dorholt
Erhardt
Erickson, R.
Falk
Faust
Fischer
Freiberg
Fritz
Halverson
Hansen
Hausman
Hilstrom
Hornstein
Hortman
Isaacson
Johnson, C.
Johnson, S.
Kahn
Laine
Lenczewski
Liebling
Lien
Lillie
Loeffler
Mariani
Marquart
Masin
McNamar
Metsa
Moran
Morgan
Mullery
Murphy, E.
Murphy, M.
Newton
Paymar
Persell
Petersburg
Radinovich
Rosenthal
Savick
Schoen
Selcer
Simon
Slocum
Sundin
Urdahl
Wagenius
Ward, J.A.
Ward, J.E.
Winkler
Yarusso
Spk. Thissen
Those who voted in the negative were:
Albright
Anderson, M.
Anderson, P.
Anderson, S.
Anzelc
Barrett
Beard
Benson, M.
Cornish
Daudt
Davids
Dean, M.
Dettmer
Dill
Drazkowski
Erickson, S.
Fabian
FitzSimmons
Franson
Garofalo
Green
Gruenhagen
Gunther
Hackbarth
Hamilton
Hertaus
Holberg
Hoppe
Howe