Thursday, March 18, 2021 - 27th Legislative Day

A quorum was present.

Bliss and Xiong, J., were excused.

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.

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REPORTS OF STANDING COMMITTEES AND DIVISIONS

Long from the Committee on Climate and Energy Finance and Policy to which was referred:

H. F. No. 10, A bill for an act relating to energy; establishing a Clean Energy First Act; amending Minnesota Statutes 2020, sections 216B.16, subdivisions 6, 13; 216B.1645, subdivisions 1, 2; 216B.1691, subdivision 9; 216B.2422, subdivisions 1, 2, 3, 4, 5, by adding subdivisions; 216E.03, subdivision 10; 216F.04.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. TITLE.

This act may be referred to as the "Clean Energy First Act."

Sec. 2. Minnesota Statutes 2020, section 216B.16, subdivision 6, is amended to read:

Subd. 6. Factors considered, generally. The commission, in the exercise of its powers under this chapter to determine just and reasonable rates for public utilities, shall give due consideration to the public need for adequate, efficient, and reasonable service and to the need of the public utility for revenue sufficient to enable it to meet the cost of furnishing the service, including adequate provision for depreciation of its utility property used and useful in rendering service to the public, and to earn a fair and reasonable return upon the investment in such property. In determining the rate base upon which the utility is to be allowed to earn a fair rate of return, the commission shall give due consideration to evidence of the cost of the property when first devoted to public use, to prudent acquisition cost to the public utility less appropriate depreciation on each, to construction work in progress, to offsets in the nature of capital provided by sources other than the investors, and to other expenses of a capital nature. For purposes of determining rate base, the commission shall consider the original cost of utility property included in the base and shall make no allowance for its estimated current replacement value. If the commission orders a generating facility to terminate its operations before the end of the facility's physical life in order to comply with a specific state or federal energy ~~statute or~~ policy, the commission may allow the public utility to recover any positive net book value of the facility as determined by the commission.

Sec. 3. Minnesota Statutes 2020, section 216B.16, subdivision 13, is amended to read:

Subd. 13. Economic and community development. The commission may allow a public utility to recover from ratepayers the reasonable expenses incurred (1) for economic and community development, and (2) to employ local workers to construct and maintain generation facilities that supply power to the utility's customers.

Sec. 4. Minnesota Statutes 2020, section 216B.1645, subdivision 1, is amended to read:

Subdivision 1. Commission authority. Upon the petition of a public utility, the Public Utilities Commission shall approve or disapprove power purchase contracts, investments, or expenditures entered into or made by the utility to satisfy the wind and biomass mandates contained in sections 216B.169, 216B.2423, and 216B.2424, ~~and~~ to satisfy the renewable and solar energy ~~objectives and~~ standards set forth in section 216B.1691, and to provide additional clean energy resources beyond the proportions required by the wind and biomass mandates and renewable and solar energy standards, including reasonable investments and expenditures, net of revenues, made to:

(1) transmit the electricity generated from sources developed under those sections that is ultimately used to provide service to the utility's retail customers, including studies necessary to identify new transmission facilities needed to transmit electricity to Minnesota retail customers from generating facilities constructed to satisfy the

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renewable energy objectives and standards, provided that the costs of the studies have not been recovered previously under existing tariffs and the utility has filed an application for a certificate of need or for certification as a priority project under section 216B.2425 for the new transmission facilities identified in the studies;

(2) provide storage facilities for renewable energy generation facilities that contribute to the reliability, efficiency, or cost-effectiveness of the renewable facilities; or

(3) develop renewable energy sources from the account required in section 116C.779.

Sec. 5. Minnesota Statutes 2020, section 216B.1645, subdivision 2, is amended to read:

Subd. 2. Cost recovery. The expenses incurred by the utility over the duration of the approved contract or useful life of the investment ~~and~~, expenditures made pursuant to section 116C.779 ~~shall be~~, and the expenses incurred to employ local workers to construct and maintain generation facilities that supply power to the utility's customers are recoverable from the ratepayers of the utility, to the extent ~~they~~ the expenses or expenditures are not offset by utility revenues attributable to the contracts, investments, or expenditures, and if the expenses or expenditures are deemed reasonable by the commission. Upon petition by a public utility, the commission shall approve or approve as modified a rate schedule providing for the automatic adjustment of charges to recover the expenses or costs approved by the commission under subdivision 1, which, in the case of transmission expenditures, are limited to the portion of actual transmission costs that are directly allocable to the need to transmit power from the renewable sources of energy. The commission may not approve recovery of the costs for that portion of the power generated from sources governed by this section that the utility sells into the wholesale market.

Sec. 6. Minnesota Statutes 2020, section 216B.1691, subdivision 9, is amended to read:

Subd. 9. Local benefits. The commission shall take all reasonable actions within its statutory authority to ensure this section is implemented to maximize benefits to Minnesota citizens and local workers, as defined in section 216B.2422, subdivision 1, balancing factors such as local ownership of or participation in energy production,; local job impacts, as defined in section 216B.2422, subdivision 1; development and ownership of eligible energy technology facilities by independent power producers,; Minnesota utility ownership of eligible energy technology facilities,; the costs of energy generation to satisfy the renewable standard,; and the reliability of electric service to Minnesotans.

Sec. 7. Minnesota Statutes 2020, section 216B.2422, subdivision 1, is amended to read:

Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this subdivision have the meanings given them.

(b) "Utility" means an entity with the capability of generating 100,000 kilowatts or more of electric power and serving, either directly or indirectly, the needs of 10,000 retail customers in Minnesota. Utility does not include federal power agencies.

(1) wind;

(2) solar;

(3) geothermal;

(4) hydro;

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(5) trees or other vegetation;

(6) landfill gas; or

(7) predominantly organic components of wastewater effluent, sludge, or related by-products from publicly owned treatment works, but not including incineration of wastewater sludge.

(d) "Resource plan" means a set of resource options that a utility could use to meet the service needs of its customers over a forecast period, including an explanation of the supply and demand circumstances under which, and the extent to which, each resource option would be used to meet those service needs. These resource options include using, refurbishing, and constructing utility plant and equipment, buying power generated by other entities, controlling customer loads, and implementing customer energy conservation.

(e) "Refurbish" means to rebuild or substantially modify an existing electricity generating resource of 30 megawatts or greater.

(f) "Energy storage system" means a commercially available technology that:

(1) uses mechanical, chemical, or thermal processes to:

(i) store energy, ~~including energy generated from renewable resources and energy that would otherwise be wasted,~~ and deliver the stored energy for use at a later time; or

(ii) store thermal energy for direct use for heating or cooling at a later time in a manner that reduces the demand for electricity at the later time;

~~(2) is composed of stationary equipment;~~

~~(3)~~ (2) if being used for electric grid benefits, is (i) operationally visible to the distribution or transmission entity managing it, and (ii) capable of being controlled by the distribution or transmission entity ~~managing it,~~ to enable and optimize the safe and reliable operation of the electric system; and

~~(4)~~ (3) achieves any of the following:

(i) reduces peak or electrical demand;

(ii) defers the need or substitutes for an investment in electric generation, transmission, or distribution assets;

(iii) improves the reliable operation of the electrical transmission or distribution systems~~, while ensuring transmission or distribution needs are not created~~; or and

(iv) ~~lowers customer costs~~ produces a net ratepayer benefit by storing energy when the cost of generating or purchasing it energy is low and delivering it energy to customers when the costs are high.

(g) Clean energy resource means:

(1) renewable energy, as defined in section 216B.2422, subdivision 1, paragraph (c);

(2) an energy storage system storing energy generated by renewable energy or a carbon-free resource;

(3) energy efficiency, as defined in section 216B.241, subdivision 1;

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(4) load management, as defined in section 216B.241, subdivision 1; or

(5) a carbon-free resource that the commission has determined is cost competitive under subdivision 4, paragraph (h).

(h) "Carbon-free resource" means a generation technology that, when operating, does not contribute to statewide greenhouse gas emissions, as defined in section 216H.01, subdivision 2.

(i) "Nonrenewable energy facility" means a generation facility that does not use a renewable energy or other clean energy resource. Nonrenewable facility does not include a nuclear facility.

(j) "Local job impacts" means the impacts of a certificate of need, a power purchase agreement, or commission approval of a new or refurbished energy facility on the availability of construction employment opportunities to local workers.

(k) "Local workers" means workers employed to construct and maintain energy infrastructure that are Minnesota residents, residents of the utility's service territory, or who permanently reside within 150 miles of a proposed new or refurbished energy facility.

(l) "Statewide greenhouse gas emissions" has the meaning given in section 216H.02, subdivision 1.

Sec. 8. Minnesota Statutes 2020, section 216B.2422, subdivision 2, is amended to read:

Subd. 2. Resource plan filing and approval. (a) A utility shall file a resource plan with the commission periodically in accordance with rules adopted by the commission. The commission shall approve, reject, or modify the plan of a public utility, as defined in section 216B.02, subdivision 4, consistent with the public interest.

(b) In the resource plan proceedings of all other utilities, the commission's order shall be advisory and the order's findings and conclusions shall constitute prima facie evidence which may be rebutted by substantial evidence in all other proceedings. With respect to utilities other than those defined in section 216B.02, subdivision 4, the commission shall consider the filing requirements and decisions in any comparable proceedings in another jurisdiction.

(c) As a part of its resource plan filing, a utility shall include the least cost plan for meeting 50 ~~and~~, 75, and 100 percent of all energy needs from both new and refurbished generating facilities through a combination of ~~conservation and renewable~~ clean energy and carbon-free resources.

Sec. 9. Minnesota Statutes 2020, section 216B.2422, subdivision 3, is amended to read:

Subd. 3. Environmental costs. ~~(a)~~ The commission shall, to the extent practicable, quantify and establish a range of environmental costs associated with each method of electricity generation. A utility shall use the values established by the commission in conjunction with other external factors, including socioeconomic costs, when evaluating and selecting resource options in all proceedings before the commission, including but not limited to for power purchase agreement, resource plan, and certificate of need proceedings. When evaluating resource options, the commission must include and consider the environmental cost values adopted under this subdivision. When considering the costs of a nonrenewable energy facility under this section, the commission must consider only nonzero values for the environmental costs that must be analyzed under this subdivision, including both the low and high values of any cost range adopted by the commission.

(b) The commission shall establish interim environmental cost values associated with each method of electricity generation by March 1, 1994. These values expire on the date the commission establishes environmental cost values under paragraph (a).

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Sec. 10. Minnesota Statutes 2020, section 216B.2422, is amended by adding a subdivision to read:

Subd. 3a. Favored electric resources; state policy. It is the policy of the state that: (1) in order to hasten the achievement of the greenhouse gas reduction goals under section 216H.02, the renewable energy standard under section 216B.1691, subdivision 2a, and the solar energy standard under section 216B.1691, subdivision 2f; and (2) given the significant and continuing reductions in the cost of wind technologies, solar technologies, energy storage systems, demand-response technologies, and energy efficiency technologies and strategies, the favored method to meet electricity demand in Minnesota is a combination of clean energy resources.

Sec. 11. Minnesota Statutes 2020, section 216B.2422, subdivision 4, is amended to read:

Subd. 4. Preference for ~~renewable~~ clean energy ~~facility~~ resources. (a) The commission shall not approve a new or refurbished nonrenewable energy facility in an integrated resource plan or a certificate of need, pursuant to section 216B.243, nor shall the commission approve a power purchase agreement or allow rate recovery pursuant to section 216B.16 for ~~such~~ a nonrenewable energy facility, unless the utility has demonstrated by clear and convincing evidence that a renewable energy facility, alone or in combination with other clean energy resources, is not in the public interest. ~~When making the public interest determination, the commission must consider:~~

(1) whether the resource plan helps the utility achieve the greenhouse gas reduction goals under section 216H.02, the renewable energy standard under section 216B.1691, or the solar energy standard under section 216B.1691, subdivision 2f;

~~(2) impacts on local and regional grid reliability;~~

(3) utility and ratepayer impacts resulting from the intermittent nature of renewable energy facilities, including but not limited to the costs of purchasing wholesale electricity in the market and the costs of providing ancillary services; and

~~(4) utility and ratepayer impacts resulting from reduced exposure to fuel price volatility, changes in transmission costs, portfolio diversification, and environmental compliance costs.~~

(b) In determining that a renewable energy facility, alone or in combination with other clean energy resources, is not in the public interest, the commission must find by clear and convincing evidence that using renewable or clean energy resources to meet the need for resources is not affordable or reliable when compared with a nonrenewable energy facility or nonclean energy resource.

(c) In determining whether a renewable or clean energy resource is not affordable, the commission must consider utility and ratepayer effects resulting from:

(1) the intermittent nature of renewable energy facilities, including but not limited to the cost to purchase wholesale electricity in the market and the cost to provide ancillary services;

(2) reduced exposure to fuel price volatility, changes in transmission and distribution costs, portfolio diversification, and environmental compliance costs; and

(3) other environmental costs resulting from a nonrenewable energy facility, as determined by the commission under subdivision 3.

(d) In order to determine whether a renewable or clean energy resource is reliable, the commission must consider, to the extent reasonable, the ability of the resources or facilities of the utility and the regional electric grid to provide essential reliability services, including frequency response, balancing services, and voltage control.

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(e) The commission must make a written determination describing the commission's findings and the reasoning behind the conclusions regarding whether a renewable or clean energy resource is affordable and reliable under this subdivision. In making the public interest determination under paragraph (a), the commission must also consider and make a written determination as to whether the energy resources approved by the commission:

(1) help the state achieve the greenhouse gas reduction goals under section 216H.02; and

(2) help the utility achieve the renewable energy standard under section 216B.1691, subdivision 2a, or the solar energy standard under section 216B.1691, subdivision 2f.

(f) Nothing in this section impacts a decision to continue operating a nuclear facility that is generating energy in Minnesota as of June 1, 2020. If a decision is made to retire an existing nuclear electric generating unit, paragraphs (a) to (c) govern the process to identify replacement resources.

(g) The commission may, by order, add to the list of resources the commission determines are clean energy resources for the purposes of this section upon finding that the resource is carbon-free and cost competitive when compared with other carbon-free alternatives.

(h) If the commission approves a public utility's integrated resource plan that includes the retirement of a facility that contributes to statewide greenhouse gas emissions, the public utility is entitled to own at least a portion of the generation, transmission, and other facilities necessary to replace the accredited capacity and energy of the retiring facility, as determined by the commission, provided that:

(1) for a public utility with more than 200,000 retail electric customers in Minnesota, the approved resource plan projects that the public utility's contribution to statewide greenhouse gas emissions is reduced by 80 percent or more, measured from 2005 to 2030;

(2) for a public utility with more than 100,000 but fewer than 200,000 retail electric customers, the approved resource plan projects that the public utility's contribution to statewide greenhouse gas emissions is reduced by 80 percent or more, measured from 2005 to 2035;

(3) for a public utility with fewer than 100,000 retail electric customers in Minnesota, the approved resource plan projects that the public utility's contribution to statewide greenhouse gas emissions is reduced by 65 percent or more, measured from 2005 to 2030; and

(4) the commission determines that the public utility's ownership of clean energy and carbon-free resources that replace retired facilities is reasonable and in the public interest.

(i) Utility purchases or contracts to purchase capacity, energy, or ancillary services from an independent systems operator, an auction, or other market administered by an independent systems operator, and whose term is one year or less, are not subject to this subdivision.

Sec. 12. Minnesota Statutes 2020, section 216B.2422, is amended by adding a subdivision to read:

Subd. 4a. Preference for local job creation. As part of a resource plan filing, a utility must report on associated local job impacts and the steps the utility and the utility's energy suppliers and contractors are taking to maximize the availability of construction employment opportunities for local workers. The commission must consider local job impacts and give preference to proposals that maximize the creation of construction employment opportunities for local workers, consistent with the public interest, when evaluating any utility proposal that involves the selection or construction of facilities used to generate or deliver energy to serve the utility's customers, including but not limited to an integrated resource plan, a certificate of need, a power purchase agreement, or commission

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approval of a new or refurbished electric generation facility. The commission must, to the maximum extent possible, prioritize the hiring of workers from communities hosting retiring electric generation facilities, including workers previously employed at the retiring facilities.

Sec. 13. Minnesota Statutes 2020, section 216B.2422, subdivision 5, is amended to read:

Subd. 5. Bidding; exemption from certificate of need proceeding. (a) A utility may select resources to meet its projected energy demand through a bidding process approved or established by the commission. A utility shall use the environmental cost estimates determined under subdivision 3 in and consider local job impacts when evaluating bids submitted in a process established under this subdivision.

(b) Notwithstanding any other provision of this section, if an electric power generating plant, as described in section 216B.2421, subdivision 2, clause (1), is selected in a bidding process approved or established by the commission, a certificate of need proceeding under section 216B.243 is not required.

(c) A certificate of need proceeding is also not required for an electric power generating plant that has been selected in a bidding process approved or established by the commission, or such other selection process approved by the commission, to satisfy, in whole or in part, the wind power mandate of section 216B.2423 or the biomass mandate of section 216B.2424.

Sec. 14. Minnesota Statutes 2020, section 216B.2422, is amended by adding a subdivision to read:

Subd. 8. Transmission planning in advance of generation retirement. A utility must identify in a resource plan each nonrenewable energy facility on the utility's system that has a depreciation term, probable service life, or operating license term that ends within 15 years of the resource plan filing date. For each nonrenewable energy facility identified, the utility must include in the resource plan an initial plan to: (1) replace the nonrenewable energy facility; and (2) upgrade any transmission or other grid capabilities needed to support the retirement of that nonrenewable energy facility.

Sec. 15. Minnesota Statutes 2020, section 216E.03, subdivision 10, is amended to read:

Subd. 10. Final decision. (a) No site permit shall be issued in violation of the site selection standards and criteria established in this section and in rules adopted by the commission. When the commission designates a site, it shall issue a site permit to the applicant with any appropriate conditions. The commission shall publish a notice of its decision in the State Register within 30 days of issuance of the site permit.

(b) No route permit shall be issued in violation of the route selection standards and criteria established in this section and in rules adopted by the commission. When the commission designates a route, it shall issue a permit for the construction of a high-voltage transmission line specifying the design, routing, right-of-way preparation, and facility construction it deems necessary, and with any other appropriate conditions. The commission may order the construction of high-voltage transmission line facilities that are capable of expansion in transmission capacity through multiple circuiting or design modifications. The commission shall publish a notice of its decision in the State Register within 30 days of issuance of the permit.

(c) The commission shall require, as a condition of permit issuance, that the recipient of a site permit to construct a large electric power generating plant and all of the permit recipient's construction contractors and subcontractors on the project pay no less than the prevailing wage rate, as defined in section 177.42. The commission shall also require, as a condition of modifying a site permit for a large electric power generating plant repowering project, as defined in section 216B.243, subdivision 8, paragraph (b), that the recipient of the site permit and all of the permit recipient's construction contractors and subcontractors on the repowering project pay no less than the prevailing wage rate, as defined in section 177.42.

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(d) The commission may require, as a condition of permit issuance, that the recipient of a site permit to construct a large electric power generating plant and all of the permit recipient's construction contractors and subcontractors on the project participate in apprenticeship programs that are registered with the Minnesota Department of Labor and Industry or the Office of Apprenticeship of the United States Department of Labor for the work on the project. The commission may also require, as a condition of modifying a site permit for a large electric power generating plant repowering project as defined in section 216B.243, subdivision 8, paragraph (b), that the recipient of the site permit and all of the permit recipient's construction contractors and subcontractors on the repowering project participate in apprenticeship programs that are registered with the Minnesota Department of Labor and Industry or the Office of Apprenticeship of the United States Department of Labor for the work on the project. In deciding whether to require participation in apprenticeship programs that are registered with the Minnesota Department of Labor and Industry or the Office of Apprenticeship of the United States Department of Labor under this paragraph, the commission shall consider relevant factors, including the direct and indirect economic impact as well as the quality, efficiency, and safety of construction on the project.

Sec. 16. Minnesota Statutes 2020, section 216F.04, is amended to read:

216F.04 SITE PERMIT.

(a) No person may construct an LWECS without a site permit issued by the Public Utilities Commission.

(b) Any person seeking to construct an LWECS shall submit an application to the commission for a site permit in accordance with this chapter and any rules adopted by the commission. The permitted site need not be contiguous land.

(c) The commission shall make a final decision on an application for a site permit for an LWECS within 180 days after acceptance of a complete application by the commission. The commission may extend this deadline for cause.

(d) The commission may place conditions in a permit and may deny, modify, suspend, or revoke a permit.

(e) The commission shall require, as a condition of permit issuance, that the recipient of a site permit to construct an LWECS with a nameplate capacity above 25,000 kilowatts and all of the permit recipient's construction contractors and subcontractors on the project pay no less than the prevailing wage rate, as defined in section 177.42. The commission shall also require, as a condition of modifying a site permit for an LWECS repowering project, as defined in section 216B.243, subdivision 8, paragraph (b), that the recipient of the site permit and all of the permit recipient's construction contractors and subcontractors on the repowering project pay no less than the prevailing wage rate as defined in section 177.42.

(f) The commission may require, as a condition of permit issuance, that the recipient of a site permit to construct an LWECS with a nameplate capacity above 25,000 kilowatts and all of the permit recipient's construction contractors and subcontractors on the project participate in apprenticeship programs that are registered with the Minnesota Department of Labor and Industry or the Office of Apprenticeship of the United States Department of Labor for the work on the project. The commission may also require, as a condition of modifying a site permit for an LWECS repowering project as defined in section 216B.243, subdivision 8, paragraph (b), that the recipient of the site permit and all of the permit recipient's construction contractors and subcontractors on the repowering project participate in apprenticeship programs that are registered with the Minnesota Department of Labor and Industry or the Office of Apprenticeship of the United States Department of Labor for the work on the project. In deciding whether to require participation in apprenticeship programs that are registered with the Minnesota Department of Labor and Industry or the Office of Apprenticeship of the United States Department of Labor under this paragraph, the commission shall consider relevant factors, including the direct and indirect economic impact as well as the quality, efficiency, and safety of construction on the project.

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Sec. 17. EFFECTIVE DATE.

This act is effective August 1, 2021, and applies to dockets initiated at the Public Utilities Commission on or after that date."

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Pelowski from the Committee on Industrial Education and Economic Development Finance and Policy to which was referred:

H. F. No. 14, A bill for an act relating to telecommunications; transferring money for deposit in the broadband grant program.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Pinto from the Committee on Early Childhood Finance and Policy to which was referred:

H. F. No. 61, A bill for an act relating to human services; creating the Office of Ombudsperson for Child Care Providers; providing appointments; requiring reports; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 119B.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

The report was adopted.

Bernardy from the Committee on Higher Education Finance and Policy to which was referred:

H. F. No. 81, A bill for an act relating to health; requesting the Board of Regents of the University of Minnesota establish a pharmacogenomics (PGx) task force; requiring a report; appropriating money.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. PHARMACOGENOMICS (PGX) TASK FORCE.

Subdivision 1. Establishment. The Minnesota Board of Pharmacy shall establish a pharmacogenomics (PGx) task force to evaluate and assess the current availability of pharmacogenomics statewide and to develop recommendations for making pharmacogenomics available statewide. For purposes of this section, "pharmacogenomics" means the determination of how variation in an individual's genomic information influences medication safety and efficacy.

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Subd. 2. Membership. (a) The PGx task force shall consist of members appointed by the executive director of the Minnesota Board of Pharmacy according to paragraph (c) and four members of the legislature appointed according to paragraph (e).

(b) The task force will elect a chair and co-chair and other officers as the members deem necessary.

(1) at least two pharmacists with expertise in pharmacogenomics from the University of Minnesota;

(2) at least two other pharmacists licensed and practicing within the state with expertise in pharmacogenomics;

(3) at least two physicians licensed and practicing in the state;

(4) at least two health system or clinic administrators, or their designees, from the state;

(5) a representative of a patient organization that operates in the state;

(6) a patient or caregiver with an interest in pharmacogenomics;

(7) a pharmacist or other provider who is a member of a diverse and underrepresented community;

(8) a second member of a diverse and underrepresented community;

(9) a representative of the biotechnology industry;

(10) a representative of payers, health plans, or insurers;

(11) an expert in health informatics from the University of Minnesota;

(12) an expert in data management and security;

(13) an expert in ethical, legal, and social implications of genomics;

(14) an expert in health regulatory affairs from the state; and

(15) a genetic counselor.

(d) Members appointed according to paragraph (c) shall reflect an equitable statewide geographical representation and representation from diverse groups within the state.

(e) The PGx task force shall include two members of the senate, one appointed by the majority leader and one appointed by the minority leader, and two members of the house of representatives, one appointed by the speaker of the house and one appointed by the minority leader.

(f) The executive director or a designee shall serve as an ex officio, nonvoting member of the PGx task force.

(g) Initial appointments to the PGx task force shall be made no later than September 1, 2021. Members appointed according to paragraph (c) shall serve for a term of one year.

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Subd. 3. Meetings. The first meeting of the PGx task force shall be convened no later than October 1, 2021. The PGx task force shall meet at the call of the chairperson or at the request of a majority of PGx task force members.

Subd. 4. Duties. The PGx task force's duties may include but are not limited to:

(1) conducting a comprehensive analysis of strategies that could be undertaken to implement pharmacogenomics across the state;

(2) determining what education in pharmacogenomics is needed by the health care workforce to improve effectiveness of and reduce adverse reactions to medications through the use of pharmacogenomics;

(3) soliciting input from the public on readiness for adoption of pharmacogenomics;

(4) considering the needs and perspectives of diverse and underrepresented communities; and

(5) developing recommendations for:

(i) diffusion of pharmacogenomics services into practice across the state;

(ii) necessary education for providers;

(iii) evaluation of the benefits and value to health of pharmacogenomics; and

(iv) building capacity for research on pharmacogenomics needs and capabilities across the state.

Subd. 5. Contracts. The Board of Pharmacy may enter into a contract with the University of Minnesota for conducting research and surveys, or providing administrative assistance to the task force.

Subd. 6. Conflict of interest. PGx task force members are subject to state policy on conflicts of interest.

Subd. 7. Report required. By June 30, 2022, the executive director shall report to the chairs and ranking minority members of the legislative committees with jurisdiction over health care policy on the activities of the PGx task force. At a minimum, the report must include:

(1) a description of the PGx task force's goals; and

(2) a description of the independent recommendations made by the PGx task force.

Subd. 8. Expiration. The PGx task force expires September 1, 2022.

Sec. 2. APPROPRIATION.

$250,000 in fiscal year 2022 is appropriated from the general fund to the Minnesota Board of Pharmacy for the pharmacogenomics (PGx) task force under section 1. This is a onetime appropriation. This appropriation is available until expended."

Delete the title and insert:

"A bill for an act relating to health; requesting the Minnesota Board of Pharmacy to establish pharmacogenomics (PGx) task force; requiring a report; appropriating money."

With the recommendation that when so amended the bill be re-referred to the Committee on Health Finance and Policy.

The report was adopted.

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Pelowski from the Committee on Industrial Education and Economic Development Finance and Policy to which was referred:

H. F. No. 380, A bill for an act relating to education; creating a pilot project for training career and technical education teachers; appropriating money.

Reported the same back with the following amendments:

Page 1, delete subdivision 1 and insert:

"Subdivision 1. Appropriation. $400,000 in fiscal year 2022 is appropriated from the general fund to the Board of Trustees of the Minnesota State Colleges and Universities. Of this amount, $250,000 is for transfer to Winona State University and $150,000 is for transfer to Minnesota State College Southeast for the purposes in subdivision 2. Notwithstanding Minnesota Statutes, section 16A.28, unencumbered balances under this section do not cancel until July 1, 2025."

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

H. F. No. 586, A bill for an act relating to transportation; defining volunteer driver; making technical and conforming corrections; amending Minnesota Statutes 2020, sections 65B.15, subdivision 1; 65B.43, subdivision 12; 65B.472, subdivision 1; 174.29, subdivision 1; 174.30, subdivisions 1, 10; 221.031, subdivision 3b; 256B.0625, subdivision 17.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Becker-Finn from the Committee on Judiciary Finance and Civil Law to which was referred:

H. F. No. 592, A bill for an act relating to veterans; authorizing the commissioner of veterans affairs to establish a veterans stable housing initiative; classifying certain homeless veterans data; authorizing data sharing; proposing coding for new law in Minnesota Statutes, chapter 196.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

H. F. No. 669, A bill for an act relating to health insurance; establishing requirements for timely provider credentialing by health plan companies; proposing coding for new law in Minnesota Statutes, chapter 62Q.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health Finance and Policy.

The report was adopted.

Journal of the House - 27th Day - Thursday, March 18, 2021 - Top of Page 1234

Richardson from the Committee on Education Policy to which was referred:

H. F. No. 710, A bill for an act relating to education; requiring teacher preparation programs to include online coursework; amending Minnesota Statutes 2020, section 122A.092, by adding a subdivision.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Education Finance.

The report was adopted.

Sundin from the Committee on Agriculture Finance and Policy to which was referred:

H. F. No. 718, A bill for an act relating to environment policy; authorizing cities to adopt certain pesticide control ordinances; amending Minnesota Statutes 2020, section 18B.09.

Reported the same back with the following amendments:

Page 2, line 27, delete "and"

Page 2, line 29, delete the period and insert "; and"

Page 2, after line 29, insert:

"(5) a pesticide-treated wood product."

With the recommendation that when so amended the bill be re-referred to the Committee on Environment and Natural Resources Finance and Policy.

The report was adopted.

Ecklund from the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy to which was referred:

H. F. No. 762, A bill for an act relating to labor and industry; prohibiting transfer of funds from the contractor recovery fund outside of stated purpose; amending Minnesota Statutes 2020, section 326B.89, subdivision 4.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

H. F. No. 782, A bill for an act relating to public safety; modifying school bus inspection criteria; amending Minnesota Statutes 2020, section 169.451, subdivision 3.

Reported the same back with the following amendments:

Page 1, line 11, delete "Department of Public Safety shall" and insert "commissioner of public safety must"

Page 1, line 13, before "a" insert "the commissioner must provide" and delete "must be"

Page 1, line 14, delete "provided"

Journal of the House - 27th Day - Thursday, March 18, 2021 - Top of Page 1235

Page 1, line 18, after "A" insert "member of the State Patrol must affix a" and delete "shall be affixed"

Page 1, line 19, delete "The sticker shall be removed" and insert "A person may remove the rejection sticker"

Page 2, line 2, delete "shall" and insert "must"

Page 2, line 4, delete "is deemed to have" and insert "has" and after "and" insert "a member of the State Patrol must affix" and delete "shall"

Page 2, line 5, delete "be affixed"

Page 2, line 6, delete "shall" and insert "must"

Page 2, line 11, after "identified" insert "by a member of the State Patrol"

Page 2, line 12, after "A" insert "member of the State Patrol must affix a" and delete "shall"

Page 2, line 13, delete "be affixed"

Page 2, after line 13, insert:

"Sec. 2. Minnesota Statutes 2020, section 169.451, is amended by adding a subdivision to read:

Subd. 6. Member of the State Patrol. For purposes of this section, a member of the State Patrol includes an employee of the Department of Public Safety described in section 299D.06.

Sec. 3. REPEALER.

Minnesota Rules, parts 7470.0300; 7470.0400; 7470.0500; 7470.0600; and 7470.0700, are repealed."

Amend the title as follows:

Page 1, line 2, after the second semicolon, insert "repealing school bus inspection rules;"

Correct the title numbers accordingly

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

H. F. No. 964, A bill for an act relating to motor vehicles; making various policy changes to title fee transfers, mileage disclosures, driver's license photograph variances, deputy registrar fees, and vehicle registration tax due dates; amending Minnesota Statutes 2020, sections 168.301, subdivision 1; 168.31, subdivision 4; 168A.11, subdivisions 1, 2; 171.071, by adding a subdivision; 325E.15.

Reported the same back with the following amendments:

Page 4, line 5, after "medical" insert ", physical, or mental health"

Page 4, line 6, after "physician" insert ", case worker,"

Journal of the House - 27th Day - Thursday, March 18, 2021 - Top of Page 1236

Page 4, line 15, reinstate the stricken language and delete the new language and after "which" insert "electronic or"

Page 4, after line 18, insert:

"EFFECTIVE DATE. This section is effective the day following final enactment."

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Moran from the Committee on Ways and Means to which was referred:

H. F. No. 1064, A bill for an act relating to education finance; providing for education impacted by COVID-19; providing for educational uses of federal funds for COVID-19; appropriating money for summer education programs; amending Minnesota Statutes 2020, section 126C.10, subdivision 2d.

Reported the same back with the recommendation that the bill be placed on the General Register.

The report was adopted.

Nelson, M., from the Committee on State Government Finance and Elections to which was referred:

H. F. No. 1091, A bill for an act relating to employment and economic development; funding the cleanup of the freeway landfill and dump in Burnsville; authorizing the sale and issuance of appropriation bonds; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 16A.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Finance and Policy.

The report was adopted.

Ecklund from the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy to which was referred:

H. F. No. 1181, A bill for an act relating to higher education; providing for certain policy changes, including restrictions on limiting student access to transcripts and modifications to certain grant and loan programs, school accountability provisions, and college savings plans; amending Minnesota Statutes 2020, sections 136A.121, subdivision 2; 136A.125, subdivision 2; 136A.1704; 136A.246, subdivisions 1, 2, 3, 4, 6, 7, 8, by adding a subdivision; 136A.63, subdivision 2; 136A.645; 136A.653, subdivision 5; 136A.675; 136A.68; 136A.822, subdivision 12; 136A.8225; 136A.823, by adding a subdivision; 136A.827, subdivisions 4, 8; 136G.05, subdivision 10; proposing coding for new law in Minnesota Statutes, chapter 135A; repealing Minnesota Statutes 2020, sections 136A.1703; 136A.823, subdivision 2; Minnesota Rules, parts 4830.9050; 4830.9060; 4830.9070; 4830.9080; 4830.9090.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Journal of the House - 27th Day - Thursday, March 18, 2021 - Top of Page 1237

Liebling from the Committee on Health Finance and Policy to which was referred:

H. F. No. 1200, A bill for an act relating to employment; providing for paid family, pregnancy, bonding, and applicant's serious medical condition benefits; regulating and requiring certain employment leaves; classifying certain data; authorizing rulemaking; appropriating money; amending Minnesota Statutes 2020, sections 13.719, by adding a subdivision; 177.27, subdivision 4; 181.032; 256J.561, by adding a subdivision; 256J.95, subdivisions 3, 11; 256P.01, subdivision 3; 268.19, subdivision 1; proposing coding for new law as Minnesota Statutes, chapter 268B.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

The report was adopted.

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

H. F. No. 1204, A bill for an act relating to transportation; establishing Minnesota 100 Club special plates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168.

Reported the same back with the following amendments:

Page 1, line 10, delete "motor"

Page 1, line 14, delete "$......." and insert "$40"

Page 2, line 11, delete "July 1, 2021" and insert "January 1, 2022"

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Richardson from the Committee on Education Policy to which was referred:

H. F. No. 1317, A bill for an act relating to taxation; individual income; establishing an educator expense credit; proposing coding for new law in Minnesota Statutes, chapter 290.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.

The report was adopted.

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

H. F. No. 1433, A bill for an act relating to agriculture; requiring compliance with certain compatibility standards; modifying minimum ethanol standard; making technical changes; requiring rulemaking; amending Minnesota Statutes 2020, sections 116.49, by adding a subdivision; 239.791, subdivisions 1, 2a, 2b, 2c, 15, by adding subdivisions.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Finance and Policy.

The report was adopted.

Journal of the House - 27th Day - Thursday, March 18, 2021 - Top of Page 1238

Ecklund from the Committee on Labor, Industry, Veterans and Military Affairs Finance and Policy to which was referred:

H. F. No. 1577, A bill for an act relating to police disability benefits; requiring the Department of Labor and Industry to study the adequacy of benefits for disabled or injured police officers.

Reported the same back with the recommendation that the bill be re-referred to the Committee on State Government Finance and Elections.

The report was adopted.

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

H. F. No. 1667, A bill for an act relating to commerce; appropriating money for a financial services inclusion program.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

H. F. No. 1675, A bill for an act relating to motor vehicles; establishing Minnesota agriculture special license plates; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 168.

Reported the same back with the following amendments:

Page 1, line 11, delete "an additional fee of $10" and insert "a fee in the amount specified under section 168.12, subdivision 5,"

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Sundin from the Committee on Agriculture Finance and Policy to which was referred:

H. F. No. 1727, A bill for an act relating to natural resources; modifying requirements for farmed Cervidae; transferring duty to regulate farmed Cervidae to commissioner of natural resources; modifying provisions to import Cervidae carcasses; appropriating money; amending Minnesota Statutes 2020, sections 35.155, subdivisions 1, 4, 6, 10, 11, by adding a subdivision; 97A.505, subdivision 8.

Reported the same back with the following amendments:

Page 2, line 27, delete "2021" and insert "2022"

Page 3, line 1, delete "2021" and insert "2022"

With the recommendation that when so amended the bill be re-referred to the Committee on Environment and Natural Resources Finance and Policy.

The report was adopted.

Journal of the House - 27th Day - Thursday, March 18, 2021 - Top of Page 1239

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

H. F. No. 1915, A bill for an act relating to commerce; modifying allowance of reinsurance credit; amending Minnesota Statutes 2020, section 60A.092, subdivision 10a, by adding a subdivision.

Reported the same back with the following amendments:

Page 2, line 9, delete "certain" and insert "the following"

Page 2, line 10, delete everything after "agreements" and insert a colon

Page 2, delete line 11 and insert:

"(A) provides that an insurer which has its head office or is domiciled in such qualified jurisdiction shall receive credit for reinsurance ceded to a United States-domiciled assuming insurer in the same manner as credit for reinsurance is received for reinsurance assumed by insurers domiciled in such qualified jurisdiction;

(B) does not require a United States-domiciled assuming insurer to establish or maintain a local presence as a condition for entering into a reinsurance agreement with any ceding insurer subject to regulation by the non-United States jurisdiction or as a condition to allow the ceding insurer to recognize credit for such reinsurance;

(C) recognizes the United States state regulatory approach to group supervision and group capital, by providing written confirmation by a competent regulatory authority, in such qualified jurisdiction, that insurers and insurance groups that are domiciled or maintain their headquarters in this state or another jurisdiction accredited by the NAIC shall be subject only to worldwide prudential insurance group supervision including worldwide group governance, solvency and capital, and reporting, as applicable, by the commissioner or the commissioner of the domiciliary state and will not be subject to group supervision at the level of the worldwide parent undertaking of the insurance or reinsurance group by the qualified jurisdiction; and

(D) provides written confirmation by a competent regulatory authority in such qualified jurisdiction that information regarding insurers and their parent, subsidiary, or affiliated entities, if applicable, shall be provided to the commissioner in accordance with a memorandum of understanding or similar document between the commissioner and such qualified jurisdiction, including but not limited to the International Association of Insurance Supervisors Multilateral Memorandum of Understanding or other multilateral memoranda of understanding coordinated by the NAIC;"

Page 2, line 14, delete everything after the comma and insert "on at least an annual basis as of the preceding December 31 or on the date otherwise statutorily reported to the reciprocal jurisdiction, in the following amounts:"

Page 2, delete lines 15 to 18 and insert:

"(i) no less than $250,000,000; or

(ii) if the assuming insurer is an association, including incorporated and individual unincorporated underwriters:

(A) minimum capital and surplus equivalents, net of liabilities, or own funds of the equivalent of at least $250,000,000; and

(B) a central fund containing a balance of the equivalent of at least $250,000,000;"

Page 2, line 20, delete everything after the second "as" and insert "follows:"

Journal of the House - 27th Day - Thursday, March 18, 2021 - Top of Page 1240

Page 2, delete lines 21 to 24 and insert:

"(i) if the assuming insurer has its head office or is domiciled in a reciprocal jurisdiction defined in clause (1), item (i), the ratio specified in the applicable covered agreement;

(ii) if the assuming insurer is domiciled in a reciprocal jurisdiction defined in clause (1), item (ii), a risk-based capital ratio of 300 percent of the authorized control level, calculated in accordance with the formula developed by the NAIC; or

(iii) if the assuming insurer is domiciled in a Reciprocal Jurisdiction defined in clause (1), item (iii), after consultation with the reciprocal jurisdiction and considering any recommendations published through the NAIC Committee Process, such solvency or capital ratio as the commissioner determines to be an effective measure of solvency;"

Page 2, line 25, delete everything after "assurance" and insert "in the form of a properly executed Form AR-1, Form CR-1, and Form RJ-1 of its agreement to the following:"

Page 2, delete line 26

Page 3, line 12, delete "and"

Page 3, line 18, delete everything after "with" and insert "sections 60A.092, subdivision 10, 60A.093, 60A.096, and 60A.097. For purposes of this regulation, the term "solvent scheme of arrangement" means a foreign or alien statutory or regulatory compromise procedure subject to requisite majority creditor approval and judicial sanction in the assuming insurer's home jurisdiction either to finally commute liabilities of duly noticed classed members or creditors of a solvent debtor, or to reorganize or restructure the debts and obligations of a solvent debtor on a final basis, and which may be subject to judicial recognition and enforcement of the arrangement by a governing authority outside the ceding insurer's home jurisdiction; and"

Page 3, after line 18, insert:

"(vi) the assuming insurer must agree in writing to meet the applicable information filing requirements set forth in clause (5);"

Page 3, line 20, delete "certain" and insert "the following"

Page 3, line 21, delete everything after the first "commissioner" and insert a colon

Page 3, after line 21, insert:

"(i) for the two years preceding entry into the reinsurance agreement and on an annual basis thereafter, the assuming insurer's annual audited financial statements, in accordance with the applicable law of the jurisdiction of its head office or domiciliary jurisdiction, as applicable, including the external audit report;

(ii) for the two years preceding entry into the reinsurance agreement, the solvency and financial condition report or actuarial opinion, if filed with the assuming insurer's supervisor;

(iii) prior to entry into the reinsurance agreement and not more than semiannually thereafter, an updated list of all disputed and overdue reinsurance claims outstanding for 90 days or more, regarding reinsurance assumed from ceding insurers domiciled in the United States; and

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(iv) prior to entry into the reinsurance agreement and not more than semiannually thereafter, information regarding the assuming insurer's assumed reinsurance by ceding insurer, ceded reinsurance by the assuming insurer, and reinsurance recoverable on paid and unpaid losses by the assuming insurer to allow for the evaluation of the criteria set forth in clause (6);"

Page 3, line 23, delete everything after "agreements" and insert ". The lack of prompt payment will be evidenced if any of the following criteria is met:"

Page 3, after line 23, insert:

"(i) more than 15 percent of the reinsurance recoverables from the assuming insurer are overdue and in dispute as reported to the commissioner;

(ii) more than 15 percent of the assuming insurer's ceding insurers or reinsurers have overdue reinsurance recoverable on paid losses of 90 days or more which are not in dispute and which exceed for each ceding insurer $100,000, or as otherwise specified in a covered agreement; or

(iii) the aggregate amount of reinsurance recoverable on paid losses which are not in dispute, but are overdue by 90 days or more, exceeds $50,000,000, or as otherwise specified in a covered agreement;"

Page 4, after line 17, insert:

"(i) If an NAIC-accredited jurisdiction has determined that the conditions set forth in paragraph (a), clause (2), have been met, the commissioner has the discretion to defer to that jurisdiction's determination, and add such assuming insurer to the list of assuming insurers to which cessions shall be granted credit in accordance with this paragraph. The commissioner may accept financial documentation filed with another NAIC-accredited jurisdiction or with the NAIC in satisfaction of the requirements of paragraph (a), clause (2);

(ii) When requesting that the commissioner defer to another NAIC-accredited jurisdiction's determination, an assuming insurer must submit a properly executed Form RJ-1 and additional information as the commissioner may require. A state that has received such a request will notify other states through the NAIC Committee Process and provide relevant information with respect to the determination of eligibility."

Page 4, after line 29, insert:

"(e) Before denying statement credit or imposing a requirement to post security with respect to paragraph (d) or adopting any similar requirement that will have substantially the same regulatory impact as security, the commissioner shall:

(1) communicate with the ceding insurer, the assuming insurer, and the assuming insurer's supervisory authority that the assuming insurer no longer satisfies one of the conditions listed in paragraph (a), clause (2);

(2) provide the assuming insurer with 30 days from the initial communication to submit a plan to remedy the defect, and 90 days from the initial communication to remedy the defect, except in exceptional circumstances in which a shorter period is necessary for policyholder and other consumer protection;

(3) after the expiration of 90 days or less, as set out in clause (2), if the commissioner determines that no or insufficient action was taken by the assuming insurer, the commissioner may impose any of the requirements as set out in this paragraph; and

(4) provide a written explanation to the assuming insurer of any of the requirements set out in this paragraph."

Reletter the paragraphs in sequence

Journal of the House - 27th Day - Thursday, March 18, 2021 - Top of Page 1242

Page 5, after line 15, insert:

"Sec. 3. Minnesota Statutes 2020, section 60A.0921, subdivision 2, is amended to read:

Subd. 2. Certification procedure. (a) The commissioner shall post notice on the department's website promptly upon receipt of any application for certification, including instructions on how members of the public may respond to the application. The commissioner may not take final action on the application until at least 30 days after posting the notice.

(b) The commissioner shall issue written notice to an assuming insurer that has applied and been approved as a certified reinsurer. The notice must include the rating assigned the certified reinsurer in accordance with subdivision 1. The commissioner shall publish a list of all certified reinsurers and their ratings.

(1) be domiciled and licensed to transact insurance or reinsurance in a qualified jurisdiction, as determined by the commissioner under subdivision 3;

(2) maintain capital and surplus, or its equivalent, of no less than $250,000,000 calculated in accordance with paragraph (d), clause (8). This requirement may also be satisfied by an association including incorporated and individual unincorporated underwriters having minimum capital and surplus equivalents net of liabilities of at least $250,000,000 and a central fund containing a balance of at least $250,000,000;

(3) maintain financial strength ratings from two or more rating agencies acceptable to the commissioner. These ratings shall be based on interactive communication between the rating agency and the assuming insurer and shall not be based solely on publicly available information. These financial strength ratings shall be one factor used by the commissioner in determining the rating that is assigned to the assuming insurer. Acceptable rating agencies include the following:

(i) Standard & Poor's;

(ii) Moody's Investors Service;

(iii) Fitch Ratings;

(iv) A.M. Best Company; or

(v) any other nationally recognized statistical rating organization; and

(4) ensure that the certified reinsurer complies with any other requirements reasonably imposed by the commissioner.

(d) Each certified reinsurer shall be rated on a legal entity basis, with due consideration being given to the group rating where appropriate, except that an association including incorporated and individual unincorporated underwriters that has been approved to do business as a single certified reinsurer may be evaluated on the basis of its group rating. Factors that may be considered as part of the evaluation process include, but are not limited to:

Journal of the House - 27th Day - Thursday, March 18, 2021 - Top of Page 1243

(1) certified reinsurer's financial strength rating from an acceptable rating agency. The maximum rating that a certified reinsurer may be assigned will correspond to its financial strength rating as outlined in the table below. The commissioner shall use the lowest financial strength rating received from an approved rating agency in establishing the maximum rating of a certified reinsurer. A failure to obtain or maintain at least two financial strength ratings from acceptable rating agencies will result in loss of eligibility for certification;

Ratings	Best	S&P	Moody's	Fitch
Secure - 1	A++	AAA	Aaa	AAA
Secure - 2	A+	AA+, AA, AA-	Aa1, Aa2, Aa3	AA+, AA, AA-
Secure - 3	A	A+, A	A1, A2	A+, A
Secure - 4	A-	A-	A3	A-
Secure - 5	B++, B-	BBB+, BBB, BBB-	Baa1, Baa2, Baa3	BBB+, BBB, BBB-
Vulnerable - 6	B, B-C++, C+, C, C-, D, E, F	BB+, BB, BB-, B+, B, B-, CCC, CC, C, D, R	Ba1, Ba2, Ba3, B1, B2, B3, Caa, Ca, C	BB+, BB, BB-, B+, B, B-, CCC+, CC, CCC-, DD

(2) the business practices of the certified reinsurer in dealing with its ceding insurers, including its record of compliance with reinsurance contractual terms and obligations;

(3) for certified reinsurers domiciled in the United States, a review of the most recent applicable NAIC annual statement;

(4) for certified reinsurers not domiciled in the United States, a review annually of such forms as may be required by the commissioner;

(5) the reputation of the certified reinsurer for prompt payment of claims under reinsurance agreements, based on an analysis of ceding insurers' reporting of overdue reinsurance recoverables, including the proportion of obligations that are more than 90 days past due or are in dispute, with specific attention given to obligations payable to companies that are in administrative supervision or receivership;

(6) regulatory actions against the certified reinsurer;

(7) the report of the independent auditor on the financial statements of the insurance enterprise, on the basis described in clause (8);

(8) for certified reinsurers not domiciled in the United States, audited financial statements (audited United States GAAP basis if available, audited IFRS basis statements are allowed, but must include an audited footnote reconciling equity and net income to a United States GAAP basis, or, with permission of the commissioner, audited IFRS statements with reconciliation to United States GAAP certified by an officer of the company). Upon the initial application for certification, the commissioner will consider audited financial statements for the last ~~three~~ two years filed with its non-United States jurisdiction supervisor;

(9) the liquidation priority of obligations to a ceding insurer in the certified reinsurer's domiciliary jurisdiction in the context of an insolvency proceeding;

(10) a certified reinsurer's participation in any solvent scheme of arrangement, or similar procedure, which involves United States ceding insurers. The commissioner must receive prior notice from a certified reinsurer that proposes participation by the certified reinsurer in a solvent scheme of arrangement; and

(11) other information as determined by the commissioner.

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(e) Based on the analysis conducted under paragraph (d), clause (5), of a certified reinsurer's reputation for prompt payment of claims, the commissioner may make appropriate adjustments in the security the certified reinsurer is required to post to protect its liabilities to United States ceding insurers, provided that the commissioner shall, at a minimum, increase the security the certified reinsurer is required to post by one rating level under paragraph (d), clause (1), if the commissioner finds that:

(1) more than 15 percent of the certified reinsurer's ceding insurance clients have overdue reinsurance recoverables on paid losses of 90 days or more which are not in dispute and which exceed $100,000 for each cedent; or

(2) the aggregate amount of reinsurance recoverables on paid losses which are not in dispute that are overdue by 90 days or more exceeds $50,000,000.

(f) The assuming insurer must submit such forms as required by the commissioner as evidence of its submission to the jurisdiction of this state, appoint the commissioner as an agent for service of process in this state, and agree to provide security for 100 percent of the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers if it resists enforcement of a final United States judgment. The commissioner shall not certify an assuming insurer that is domiciled in a jurisdiction that the commissioner has determined does not adequately and promptly enforce final United States judgments or arbitration awards.

(g) The certified reinsurer must agree to meet filing requirements as determined by the commissioner, both with respect to an initial application for certification and on an ongoing basis. All data submitted by certified reinsurers to the commissioner is nonpublic under section 13.02, subdivision 9. The certified reinsurer must file with the commissioner:

(1) a notification within ten days of any regulatory actions taken against the certified reinsurer, any change in the provisions of its domiciliary license, or any change in rating by an approved rating agency, including a statement describing such changes and the reasons therefore;

(2) an annual report regarding reinsurance assumed, in a form determined by the commissioner;

(3) an annual report of the independent auditor on the financial statements of the insurance enterprise, on the basis described in clause (4);

(4) an annual audited financial statement, regulatory filings, and actuarial opinion filed with the certified reinsurer's supervisor. Upon the initial certification, audited financial statements for the last ~~three~~ two years filed with the certified reinsurer's supervisor;

(5) at least annually, an updated list of all disputed and overdue reinsurance claims regarding reinsurance assumed from United States domestic ceding insurers;

(6) a certification from the certified reinsurer's domestic regulator that the certified reinsurer is in good standing and maintains capital in excess of the jurisdiction's highest regulatory action level; and

(7) any other relevant information as determined by the commissioner."

Renumber the sections in sequence

Correct the title numbers accordingly

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Journal of the House - 27th Day - Thursday, March 18, 2021 - Top of Page 1245

Stephenson from the Committee on Commerce Finance and Policy to which was referred:

H. F. No. 1950, A bill for an act relating to life insurance; modifying the Standard Nonforfeiture Law for Individual Deferred Annuities; amending Minnesota Statutes 2020, section 61A.245, subdivision 4.

Reported the same back with the following amendments:

Page 2, after line 26, insert:

"EFFECTIVE DATE. This section is effective the day following enactment."

With the recommendation that when so amended the bill be placed on the General Register.

The report was adopted.

Noor from the Committee on Workforce and Business Development Finance and Policy to which was referred:

H. F. No. 2044, A bill for an act relating to energy; establishing a nonprofit corporation to provide financing and leverage private investment for clean energy and other projects; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 216C.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Climate and Energy Finance and Policy.

The report was adopted.

Pinto from the Committee on Early Childhood Finance and Policy to which was referred:

H. F. No. 2112, A bill for an act relating to early childhood; adjusting appropriations in fiscal year 2021 for a forecasted child care assistance program at the Department of Human Services.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Liebling from the Committee on Health Finance and Policy to which was referred:

H. F. No. 2129, A bill for an act relating to health care; adjusting appropriations in fiscal year 2021 for certain forecasted programs at the Department of Human Services.

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

Journal of the House - 27th Day - Thursday, March 18, 2021 - Top of Page 1246

Hornstein from the Committee on Transportation Finance and Policy to which was referred:

H. F. No. 2172, A bill for an act relating to transportation; requiring fines for school bus stop-signal arm violations to be deposited in the school bus stop-signal arm camera grant account; requiring the commissioner of public safety to make grants; appropriating money; amending Minnesota Statutes 2020, section 169.444, subdivisions 2, 6, by adding subdivisions.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. Minnesota Statutes 2020, section 169.444, subdivision 6, is amended to read:

Subd. 6. Violation; penalty for owner or lessee. (a) If a motor vehicle is operated in violation of subdivision 1 or 1a, the owner of the vehicle, or for a leased motor vehicle the lessee of the vehicle, is guilty of a petty misdemeanor punishable by a fine of no less than $300.

(b) The owner or lessee may not be fined under paragraph (a) if (1) another person is convicted for that violation, or (2) the motor vehicle was stolen at the time of the violation.

(c) Paragraph (a) does not apply to a lessor of a motor vehicle if the lessor keeps a record of the name and address of the lessee.

(d) Paragraph (a) does not prohibit or limit the prosecution of a motor vehicle operator for violating subdivision 1 or 1a.

(e) A violation under paragraph (a) does not constitute grounds for revocation or suspension of the owner's or lessee's driver's license.

(f) Notwithstanding any law to the contrary, the fines collected for violations of this subdivision must be distributed as provided in subdivision 9.

EFFECTIVE DATE. This section is effective July 1, 2021, and applies to violations that occur on or after that date.

Sec. 2. Minnesota Statutes 2020, section 169.444, is amended by adding a subdivision to read:

Subd. 9. Fine revenue distribution. Notwithstanding any other law to the contrary, $250 from each fine collected pursuant to this section must be distributed to the school district where the violation occurred for use by the school district to purchase, install, or maintain school bus stop-signal arm camera systems.

EFFECTIVE DATE. This section is effective July 1, 2021, and applies to fines collected on or after that date.

Sec. 3. Minnesota Statutes 2020, section 169.444, is amended by adding a subdivision to read:

Subd. 10. Data privacy. (a) Data collected through the use of a school bus stop-signal arm camera system are private data on individuals, as defined in section 13.02, subdivision 12, subject to the following:

(1) if the individual requests a copy of the recording, data on other individuals who do not consent to the data's release must be redacted from the copy;

(2) data that are the subject of a violation under this section may be disclosed to a law enforcement agency;

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(3) data that are criminal investigative data are governed by section 13.82, subdivision 7; and

(4) section 13.04, subdivision 2, does not apply to collection of the data.

(b) The owner or operator of a school bus stop-signal arm camera is subject to the provisions of paragraph (a) and chapter 13 with respect to data collected, created, received, maintained, or disseminated through the use of a school bus stop-signal arm camera system.

EFFECTIVE DATE. This section is effective July 1, 2021, and applies to data collected on or after that date.

Sec. 4. Minnesota Statutes 2020, section 169.444, is amended by adding a subdivision to read:

Subd. 11. Reporting. A school bus driver must report a violation of this section to a supervisor. The supervisor must report the violation to a law enforcement agency.

EFFECTIVE DATE. This section is effective July 1, 2021, and applies to violations that occur on or after that date."

Delete the title and insert:

"A bill for an act relating to transportation; establishing fine amount for school bus stop-signal arm violations and distribution of a portion of fines collected to school districts; amending Minnesota Statutes 2020, section 169.444, subdivision 6, by adding subdivisions."

With the recommendation that when so amended the bill be re-referred to the Committee on Judiciary Finance and Civil Law.

The report was adopted.

Long from the Committee on Climate and Energy Finance and Policy to which was referred:

H. F. No. 2216, A bill for an act relating to energy; establishing a loan program for municipal utilities paying unusually high prices for natural gas in February 2021; establishing a program to defray high natural gas bills from the February 2021 price spike for low-income households; appropriating money.

Reported the same back with the following amendments:

Delete everything after the enacting clause and insert:

"Section 1. MUNICIPAL NATURAL GAS UTILITIES; 2021 POLAR VORTEX LOAN ACCOUNT.

Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given.

(b) "Commissioner" means the commissioner of commerce.

(d) "Incremental cost" means the average unit price a utility paid for natural gas purchased for immediate delivery during the critical period, minus the average natural gas unit price for wholesale natural gas the utility paid during the period between February 5, 2021, and February 10, 2021.

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(e) "Incremental volume" means the difference between the volume of gas a utility purchased for immediate delivery in Minnesota during the critical period and the volume of gas a utility distributed in Minnesota between February 5, 2021, and February 10, 2021.

(f) "Spot price" means the price paid per unit for an immediate delivery of natural gas.

(g) "Utility" means a nonprofit municipal utility established under Minnesota Statutes, chapter 412, that (1) is owned by the city to which it provides service, and (2) sells natural gas to retail customers in Minnesota.

Subd. 2. Establishment of account; expenditures. The 2021 polar vortex loan account is established in a special revenue fund. The commissioner must manage the account. Money in the account may be used to make loans under this section and to pay the reasonable costs incurred to administer this section.

Subd. 3. Purpose. The 2021 polar vortex loan account is established to alleviate cash flow problems experienced by Minnesota municipal gas utilities that purchased natural gas supplies for immediate delivery at unusually high prices during the extreme cold weather in February 2021.

Subd. 4. Eligible applicants. A utility that purchased natural gas for immediate delivery during the critical period to distribute the natural gas to Minnesota retail natural gas customers is eligible to receive a loan under this section.

Subd. 5. Applications. (a) An applicant for a loan under this section must file an application with the commissioner on a form developed by the commissioner. The application must require an applicant to supply:

(1) the utility's incremental cost and incremental volume;

(2) evidence indicating the prices and volumes of natural gas purchased by the utility during the critical period that the utility used to calculate the utility's incremental cost and incremental volume; and

(3) any additional information required by the commissioner.

(b) The commissioner must develop procedures governing the filing of applications, review of applications, and awarding of loans under this section.

Subd. 6. Loan terms; limits; repayment. (a) A loan made under this section must be a zero-interest loan with a term not exceeding five years.

(b) The commissioner must determine the amount of a loan based on the information provided in an application filed under this section. A utility's loan must not exceed the utility's incremental cost multiplied by its incremental volume. The commissioner may reduce the amount of loans proportionately if the demand for loan assistance exceeds the funds available for loans.

(c) Loan principal repayments must be made to the commissioner. The commissioner must deposit money received from loan principal repayments in the general fund.

Subd. 7. Use of loan funds. (a) A utility awarded a loan under this section must use the loan funds to pay for natural gas purchased during the critical period for immediate delivery. The utility must submit to the commissioner evidence that the full loan amount was used to pay for natural gas as provided in this section. The evidence must be submitted to the commissioner within ten days of the date the payment was made.

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(b) A utility that is issued a loan under this section and that also receives funding from another source that is meant to be used for the purpose described in subdivision 3 must remit an amount equal to the additional funding received to the commissioner within ten days of the date the utility received the additional funding or received a loan under this section, whichever is later.

EFFECTIVE DATE. This section is effective the day following final enactment.

Sec. 2. LOW-INCOME NATURAL GAS HEATING ASSISTANCE; 2021 POLAR VORTEX.

Subdivision 1. Definitions. (a) For the purposes of this section, the following terms have the meanings given.

(b) "Commission" means the Public Utilities Commission.

(d) "Cooperative association" means a cooperative association organized under Minnesota Statutes, chapter 308A, that sells natural gas to retail customers in Minnesota.

(e) "Critical period" means the period beginning February 12, 2021, and ending February 17, 2021.

(f) "District heating system" means a nonprofit district heating system organized under Minnesota Statutes, chapter 317A, that provides thermal energy in the form of steam or hot water generated from natural gas to residential retail customers.

(g) "Eligible low-income household" means a Minnesota residential household that consumed natural gas for space heating during the critical period and, as determined by the utility providing natural gas service to the household:

(1) received federal heating assistance under LIHEAP between October 1, 2019, and September 30, 2021;

(2) participated in a payment agreement with the utility under Minnesota Statutes, section 216B.096, 216B.097, or 216B.098, at any time since March 2020; or

(3) has missed two or more utility bill payments or submitted two or more partial utility bill payments since October 2020.

(h) "LIHEAP" means the low-income home energy assistance program under United States Code, title 42, sections 8621 to 8630, and Minnesota Statutes, section 216C.02, subdivision 1.

(i) "Municipal utility" means a nonprofit utility established under Minnesota Statutes, chapter 412, that (1) is owned by the city to which it provides service, and (2) sells natural gas to retail customers in Minnesota.

(j) "Public utility" means a public utility, as defined in Minnesota Statutes, section 216B.02, subdivision 4, that sells natural gas to retail customers in Minnesota.

(k) "Utility" means:

(1) a municipal utility;

(2) a public utility, including a public utility that is exempt from the provisions of Minnesota Statutes, chapter 216B;

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(3) a cooperative association organized under Minnesota Statutes, chapter 308A; or

(4) a district heating system.

Subd. 2. Assistance program. (a) The commissioner of commerce must, in consultation with utilities:

(1) develop and implement a program in which each public utility, upon approval by the commission of a true-up mechanism for the cost of natural gas purchased by the public utility during the critical period, and each municipal utility, cooperative association, and district heating system, provides bill credits to eligible low-income households to defray a portion of the elevated costs the household paid for natural gas the household consumed during the critical period; and

(2) develop a methodology, based on utility purchasing data, utility consumption data, and natural gas pricing information, to estimate the increase in natural gas bills of eligible low-income households during the critical period.

(b) Each utility requesting assistance under this section must use the methodology developed under paragraph (a), clause (2), to calculate the bill credit amount for each eligible low-income household.

(c) The commissioner must, utilizing data presented in Public Utilities Commission Docket No. 21-135 and data collected from utilities estimating the number of eligible low-income households the utility serves:

(1) allocate the appropriation in section 4 among public and municipal utilities, cooperative associations, and district heating systems;

(2) allocate assistance to individual municipal utilities, cooperative associations, and district heating systems; and

(3) determine the amount of bill credits that eligible low-income households served by municipal utilities, cooperative associations, and district heating systems receive under this section and the timing, process, notice, and mechanisms utilities must use to issue the credits.

(d) The commission must, by order, utilizing the data presented in Public Utilities Commission Docket No. 21-135, the commissioner's allocation of the appropriation in section 4 to public utilities, criteria the commission deems necessary to target relief, and filings the commission requests from individual public utilities, determine the amount of bill credits eligible low-income households served by public utilities receive under this section.

(e) A utility must comply with a request from the commissioner or the commission for any additional data necessary to carry out the duties of this section.

(f) A bill credit issued under this section must not exceed a reasonable estimate made using a methodology approved by the commissioner or as determined by the commission, as applicable, and may be apportioned to an eligible low-income household over a period of up to 12 months, or longer if deemed appropriate by the commission or the commissioner.

(g) The commissioner and the commission may proportionately reduce the amount of a bill credit a utility provides to a customer under this section if the aggregated calculated amount for bill credits exceeds available funds.

(h) The commission must, by order, determine the aggregate amount of bill credits each public utility must provide to eligible low-income households and must provide a copy of the order to the commissioner. Upon receipt of the order, the commissioner shall transfer from the appropriation made in section 4, paragraph (b), the aggregate amount of funds available for bill credits, as determined by the commission, to the applicable public utility.

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Subd. 3. Eligible expenditure. The commissioner may make expenditures under this section to:

(1) provide funds to utilities to issue bill credits to eligible low-income households;

(2) reimburse the Department of Commerce for the reasonable costs incurred to administer this section; and

(3) reimburse the commission for the reasonable costs incurred to administer this section.

EFFECTIVE DATE. This section is effective the day following final enactment.

Sec. 3. ADDITIONAL FUNDS.

(a) Any federal funds received by the state that are intended to provide relief from the natural gas price spike experienced during the critical period must be deposited in the general fund. To the extent that the appropriation in section 4, paragraph (b), meets the relevant spending requirements of these federal funds, the appropriation is reduced by the amount of the federal funds.

(b) Any funds awarded to the state as a result of a settlement or legal judgment regarding price gouging or other malfeasance relating to overpayment for natural gas consumed during the critical period must be deposited in the general fund and must be used to reduce the amount of the appropriation made in section 4, paragraph (b).

EFFECTIVE DATE. This section is effective the day following final enactment.

Sec. 4. APPROPRIATIONS.

(a) $15,000,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of commerce to make loans to eligible municipal utilities under section 1 and to reimburse the commissioner for the reasonable costs incurred to administer section 1. Any unexpended funds remaining at the end of the biennium cancel to the general fund.

(b) $100,000,000 in fiscal year 2021 is appropriated from the general fund to the commissioner of commerce for transfer to utilities to fund bill credits to low-income households in Minnesota that consumed natural gas during the spike in natural gas prices between February 12, 2021, and February 17, 2021, as described in section 2. This is a onetime appropriation. Any unexpended funds at the end of the biennium cancel to the general fund.

EFFECTIVE DATE. This section is effective the day following final enactment."

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

The report was adopted.

SECOND READING OF HOUSE BILLS

H. F. Nos. 10, 586, 592, 762, 782, 964, 1064, 1915 and 1950 were read for the second time.

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INTRODUCTION AND FIRST READING OF HOUSE BILLS

The following House Files were introduced:

Xiong, T., introduced:

H. F. No. 2302, A bill for an act relating to economic development; appropriating money for the business development competitive grant program; amending Laws 2011, First Special Session chapter 4, article 1, section 3, subdivision 2.

The bill was read for the first time and referred to the Committee on Workforce and Business Development Finance and Policy.

Christensen introduced:

H. F. No. 2303, A bill for an act relating to local government aid; establishing electric generation transition aid; modifying the local government aid formula; appropriating money; amending Minnesota Statutes 2020, section 477A.013, subdivision 8; proposing coding for new law in Minnesota Statutes, chapter 477A.

The bill was read for the first time and referred to the Committee on Taxes.

Boe introduced:

H. F. No. 2304, A joint resolution memorializing the President and Congress to increase the age that parents can freeze their children's credit from 16 to 18.

The bill was read for the first time and referred to the Committee on Commerce Finance and Policy.

Lislegard introduced:

H. F. No. 2305, A bill for an act relating to capital investment; modifying an appropriation for a drinking water system in Saint Louis County; amending Laws 2018, chapter 214, article 1, section 22, subdivision 6.

The bill was read for the first time and referred to the Committee on Capital Investment.

Hamilton introduced:

H. F. No. 2306, A bill for an act relating to economic development; appropriating money for a grant to Enterprise Minnesota.

The bill was read for the first time and referred to the Committee on Workforce and Business Development Finance and Policy.

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Garofalo introduced:

H. F. No. 2307, A bill for an act relating to taxation; individual income; establishing a temporary subtraction for certain unemployment insurance benefits.

The bill was read for the first time.

MOTION TO DECLARE URGENCY

Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Garofalo moved that the rule therein be suspended and an urgency be declared and that the rules of the House be so far suspended so that H. F. No. 2307 be given its second and third readings and be placed upon its final passage.

A roll call was requested and properly seconded.

The question was taken on the Garofalo motion and the roll was called. There were 63 yeas and 69 nays as follows:

Those who voted in the affirmative were: