1.1 	A bill for an act
1.2 	relating to energy; requiring energy efficiency and conservation improvement 
1.3 	plans by public utilities and setting energy savings goals;amending Minnesota 
1.4 	Statutes 2006, sections 216B.16, subdivisions 6b, 6c; 216B.243, subdivision 3; 
1.5 	proposing coding for new law in Minnesota Statutes, chapter 216B; repealing 
1.6 	Minnesota Statutes 2006, sections 216B.241; 216B.2411.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2006, section 216B.16, subdivision 6b, is amended to 
1.9 	read:
1.10 		Subd. 6b.Energy efficiency and conservation improvement. (a) Except as 
1.11 	otherwise provided in this subdivision, all investments and expenses of a public utility 
1.12 	as defined in section 216B.241 216B.2412, subdivision 1, paragraph (e), incurred in 
1.13 	connection with energy efficiency and conservation improvements shall be recognized 
1.14 	and included by the commission in the determination of just and reasonable rates as if 
1.15 	the investments and expenses were directly made or incurred by the utility in furnishing 
1.16 	utility service. 
1.17 	(b) After December 31, 1999, Investments and expenses for energy efficiency and 
1.18 	conservation improvements shall not be included by the commission in the determination 
1.19 	of just and reasonable electric and gas rates for retail electric and gas service provided 
1.20 	to large electric customer facilities that have been exempted by the commissioner of the 
1.21 	department pursuant to section 216B.241, subdivision 1a, paragraph (b) 216B.2412, 
1.22 	subdivision 2, paragraph (b). However, no public utility shall be prevented from recovering 
1.23 	its investment in energy conservation improvements from all customers that were made on 
1.24 	or before December 31, 1999, in compliance with the requirements of section 216B.241. 
2.1 	(c) The commission may permit a public utility to file rate schedules providing 
2.2 	for annual recovery of the costs of energy efficiency and conservation improvements. 
2.3 	These rate schedules may be applicable to less than all the customers in a class of retail 
2.4 	customers if necessary to reflect the differing minimum spending requirements of section 
2.5 	216B.241, subdivision 1a 216B.2412, subdivision 3. After December 31, 1999, The 
2.6 	commission shall allow a public utility, without requiring a general rate filing under this 
2.7 	section, to reduce the electric and gas rates applicable to large electric customer facilities 
2.8 	that have been exempted by the commissioner of the department pursuant to section 
2.9 	216B.241, subdivision 1a 216B.2412, subdivision 2, paragraph (b), by an amount that 
2.10 	reflects the elimination of energy efficiency and conservation improvement investments 
2.11 	or expenditures for those facilities required on or before December 31, 1999. In the 
2.12 	event that the commission has set electric or gas rates based on the use of an accounting 
2.13 	methodology that results in the cost of conservation improvements being recovered from 
2.14 	utility customers over a period of years, the rate reduction may occur in a series of steps to 
2.15 	coincide with the recovery of balances due to the utility for conservation improvements 
2.16 	made by the utility on or before December 31, 1999. 

2.17 	EFFECTIVE DATE. This section is effective July 1, 2008.

2.18 	Sec. 2. Minnesota Statutes 2006, section 216B.16, subdivision 6c, is amended to read:
2.19 		Subd. 6c.Incentive plan for energy efficiency and conservation improvement.
 2.20 	(a) The commission may order public utilities to develop and submit for commission 
2.21 	approval incentive plans that describe the method of recovery and accounting for utility 
2.22 	conservation expenditures and savings. In developing the incentive plans the commission 
2.23 	shall ensure the effective involvement of interested parties.
2.24 	(b) In approving incentive plans, the commission shall consider:
2.25 	(1) whether the plan is likely to increase utility investment in cost-effective energy 
2.26 	efficiency and conservation;
2.27 	(2) whether the plan is compatible with the interest of utility ratepayers and other 
2.28 	interested parties;
2.29 	(3) whether the plan links the incentive to the utility's performance in achieving 
2.30 	cost-effective conservation; and
2.31 	(4) whether the plan is in conflict with other provisions of this chapter.
2.32 	(c) The commission may set rates to encourage the vigorous and effective 
2.33 	implementation of utility energy efficiency and conservation programs. The commission 
2.34 	may:
3.1 	(1) increase or decrease any otherwise allowed rate of return on net investment based 
3.2 	upon the utility's skill, efforts, and success in conserving energy;
3.3 	(2) share between ratepayers and utilities the net savings resulting from energy 
3.4 	efficiency and conservation programs to the extent justified by the utility's skill, efforts, 
3.5 	and success in conserving energy; and
3.6 	(3) compensate the utility for earnings lost as a result of its conservation programs.

3.7 	EFFECTIVE DATE. This section is effective July 1, 2008.

3.8 	Sec. 3. [216B.2412] DEMAND EFFICIENCY PROGRAM.
3.9 		Subdivision 1.Definitions. For purposes of this section and section 216B.16, 
3.10 	subdivision 6b, the terms defined in this subdivision have the meanings given them.
3.11 	(a) "Customer facility" means all buildings, structures, equipment, and installations 
3.12 	at a single site.
3.13 	(b) "Energy conservation" means demand-side management of energy supplies 
3.14 	resulting in a net reduction in energy use. Load management that reduces overall energy 
3.15 	use is energy conservation.
3.16 	(c) "Energy efficiency" means measures or programs, including energy conservation 
3.17 	measures or programs, that target consumer behavior, equipment, processes, or devices to 
3.18 	result in a decrease in consumption of electric energy or natural gas without a reduction in 
3.19 	the quality or level of service provided to the energy consumer.
3.20 	(d) "Energy efficiency and conservation improvement" means a project that results 
3.21 	in energy efficiency or energy conservation.
3.22 	(e) "Investments and expenses of a public utility" includes the investments and 
3.23 	expenses incurred by a public utility in connection with an energy efficiency and 
3.24 	conservation improvement, including but not limited to:
3.25 	(1) the differential in interest cost between the market rate and the rate charged on a 
3.26 	no-interest or below-market interest loan made by a public utility to a customer for the 
3.27 	purchase or installation of an energy efficiency and conservation improvement; 
3.28 	(2) the difference between the utility's cost of purchase or installation of energy 
3.29 	efficiency and conservation improvements and any price charged by a public utility to a 
3.30 	customer for such improvements.
3.31 	(f) "Large electric customer facility" means a customer facility that imposes a 
3.32 	peak electrical demand on an electric utility's system of not less than 20,000 kilowatts, 
3.33 	measured in the same way as the utility that serves the customer facility measures 
3.34 	electrical demand for billing purposes, and for which electric services are provided at 
3.35 	retail on a single bill by a utility operating in the state.
4.1 	(g) "Load management" means an activity, service, or technology to change the 
4.2 	timing or the efficiency of a customer's use of energy that allows a utility or a customer to 
4.3 	respond to wholesale market fluctuations or to reduce the overall demand for energy or 
4.4 	capacity.
4.5 		Subd. 2.Applicability. (a) This section applies to each:
4.6 	(1) public utility;
4.7 	(2) municipal utility that furnishes electric service in the state;
4.8 	(3) municipal utility with more than 1,000,000,000 cubic feet in annual throughput 
4.9 	sales from natural gas service provided in the state; and 
4.10 	(4) generation and transmission cooperative electric association that provides 
4.11 	energy services to cooperative electric associations that provide electric service at retail 
4.12 	to consumers in the state.
4.13 	(b) The owner of a large electric customer facility may petition the commissioner 
4.14 	to exempt both electric and gas utilities serving the large energy customer facility from 
4.15 	the energy savings requirements of subdivision 3 with respect to retail sales attributable 
4.16 	to the facility. At a minimum, the petition must be supported by evidence relating to 
4.17 	competitive or economic pressures on the customer and a showing by the customer 
4.18 	of reasonable efforts to identify, evaluate, and implement cost-effective conservation 
4.19 	improvements at the facility. If a petition is filed on or before October 1 of any year, the 
4.20 	order of the commissioner to exempt revenues attributable to the facility can be effective 
4.21 	no earlier than January 1 of the following year. The commissioner shall not grant an 
4.22 	exemption if the commissioner determines that granting the exemption is contrary to 
4.23 	the public interest. The commissioner may, after investigation, rescind any exemption 
4.24 	granted under this paragraph upon a determination that cost-effective energy efficiency 
4.25 	and conservation improvements are available at the large electric customer facility. For 
4.26 	the purposes of investigations by the commissioner under this paragraph, the owner of 
4.27 	any large electric customer facility shall, upon request, provide the commissioner with 
4.28 	updated information comparable to that originally supplied in or with the owner's original 
4.29 	petition under this paragraph.
4.30 	(c) A generation and transmission cooperative electric association or public utility 
4.31 	serving utilities with fewer than 500 aggregate retail customers in the state may petition 
4.32 	the commissioner for an exemption from this section. The commissioner shall grant an 
4.33 	exemption if the affected retail consumers in Minnesota have access to energy efficiency 
4.34 	and conservation programs provided by a utility or other entity under requirements of 
4.35 	another state.
5.1 		Subd. 3.Energy savings goals. (a) The commissioner shall establish annual 
5.2 	energy savings goals for each utility and association listed in subdivision 2. Unless the 
5.3 	commissioner determines the goal is not in the public interest, the energy savings goals 
5.4 	for programs established under subdivision 4 must equal:
5.5 	(1) at least 0.75 percent of gross annual retail energy sales by 2009;
5.6 	(2) at least 1.0 percent of gross annual retail energy sales by 2010; and
5.7 	(3) at least 1.5 percent of gross annual retail energy sales by 2012 and each year 
5.8 	thereafter.
5.9 	(b) For a generation and transmission electric cooperative association, the goals 
5.10 	listed in paragraph (a) apply to each associationa??s membersa?? aggregate gross annual 
5.11 	retail energy sales.
5.12 	(c) Municipal utilities may meet the energy savings goals established in paragraph 
5.13 	(a) on an aggregate basis through a municipal power agency, generation and transmission 
5.14 	electric cooperative association, or other not-for-profit entity. A municipal power agency, 
5.15 	generation and transmission electric cooperative association, or other not-for-profit entity 
5.16 	administering aggregate energy efficiency and conservation programs may invest in 
5.17 	energy efficiency and conservation improvements on behalf of the municipal utilities it 
5.18 	serves and shall fulfill the reporting and energy savings goals on an aggregate basis.
5.19 	(d) The commissioner may require a public utility to make an energy efficiency and 
5.20 	conservation improvement investment or expenditure whenever the commissioner finds 
5.21 	that the improvement will result in energy savings at a total cost to the utility less than the 
5.22 	cost to the utility to produce or purchase an equivalent amount of new supply of energy.
5.23 		Subd. 4.Demand efficiency programs. (a) Utilities and associations subject 
5.24 	to subdivision 2 shall file energy efficiency and conservation improvement plans by 
5.25 	June 1, on a schedule determined by order of the commissioner, but at least every four 
5.26 	years. Plans received by June 1 must be approved or approved as modified by the 
5.27 	commissioner by December 1 of that same year. The commissioner shall evaluate the 
5.28 	program on the basis of cost-effectiveness and the reliability of technologies employed. 
5.29 	The commissioner's order must provide to the extent practicable for a free choice, by 
5.30 	consumers participating in the program, of the device, method, material, or project 
5.31 	constituting the energy efficiency and conservation improvement and for a free choice of 
5.32 	the seller, installer, or contractor of the energy efficiency and conservation improvement; 
5.33 	provided that the device, method, material, or project seller, installer, or contractor is duly 
5.34 	licensed, certified, approved, or qualified.
5.35 	(b) A utility or association subject to this section under subdivision 2, paragraph 
5.36 	(a), may not spend for or invest in energy efficiency and conservation improvements that 
6.1 	directly benefit a large electric customer facility for which the commissioner has issued an 
6.2 	exemption pursuant to subdivision 2, paragraph (b).
6.3 	(c) The commissioner shall consider and may require a utility, association, or 
6.4 	other entity providing energy efficiency and conservation services under this section to 
6.5 	undertake a program suggested by an outside source, including a political subdivision 
6.6 	or a nonprofit or community organization.
6.7 	(d) The commissioner may, by order, establish a list of programs that may be 
6.8 	offered as energy efficiency and conservation improvements by a public utility, municipal 
6.9 	utility, cooperative electric association, or other entity providing energy efficiency and 
6.10 	conservation services pursuant to this section. The commissioner may, by order, change 
6.11 	this list to add or subtract programs as the commissioner determines is necessary to 
6.12 	promote efficient and effective conservation programs.
6.13 	(e) The commissioner may, by order, establish energy savings assumptions for 
6.14 	energy efficiency and conservation improvements that must be used when filing programs 
6.15 	under this subdivision.  The commissioner may contract with a third party to provide 
6.16 	technical assistance establishing these assumptions.
6.17 		Subd. 5.Manner of filing and service. (a) If subject to section 216B.2412, as 
6.18 	of January 1, 2008, any public utility, generation and transmission cooperative electric 
6.19 	association, municipal power agency, cooperative electric association and municipal utility 
6.20 	shall submit filings to the department via the departmenta??s electronic filing system. The 
6.21 	commissioner may approve an exemption from this requirement in the event an affected 
6.22 	utility is unable to submit filings via the departmenta??s electronic filing system. All other 
6.23 	interested parties shall submit filings to the department via the departmenta??s electronic 
6.24 	filing system whenever practicable but may also file by personal delivery or by mail.
6.25 	(b) Submission of a document to the departmenta??s electronic filing system constitutes 
6.26 	service on the department. When department rule requires service of a notice, order, or 
6.27 	other document by the department, utility, or interested party upon persons on a service 
6.28 	list maintained by the department, service may be made by personal delivery, mail, or 
6.29 	electronic service, except that electronic service may only be made upon persons on 
6.30 	the service list who have previously agreed in writing to accept electronic service at an 
6.31 	electronic address provided to the department for electronic service purposes.
6.32 		Subd. 6.Appeals. (a) A utility, a political subdivision, a nonprofit or community 
6.33 	organization, the attorney general acting on behalf of consumers and small business 
6.34 	interests, the owner of a large electric customer facility, or a utility customer that is not 
6.35 	represented by the attorney general under section 8.33, may petition the commission to 
7.1 	modify or revoke a department decision under this section, and the commission may do so 
7.2 	if it determines that the commissionera??s decision:
7.3 	(1) will not result in cost-effective energy efficiency and conservation improvements;
7.4 	(2) has a long-range negative effect on one or more classes of customers; or
7.5 	(3) is otherwise not in the public interest.
7.6 	(b) The commission shall reject a petition that, on its face, fails to make a reasonable 
7.7 	argument that a decision is not in the public interest.
7.8 		Subd. 7.Independent audit. The commissioner shall order a public utility to 
7.9 	file annually the results of an independent audit of the utility's energy efficiency and 
7.10 	conservation improvement programs and expenditures performed by the department or an 
7.11 	auditor with experience in the provision of energy efficiency and conservation services 
7.12 	approved by the commissioner and chosen by the utility. The audit must specify the energy 
7.13 	savings or increased efficiency in the use of energy within the service territory of the 
7.14 	utility that is the result of the investments. The audit must evaluate the cost-effectiveness 
7.15 	of the utility's energy efficiency and conservation programs.
7.16 		Subd. 8.Ownership of energy efficiency and conservation improvement. An 
7.17 	energy efficiency and conservation improvement made to or installed in a building in 
7.18 	accordance with this section, except systems owned by the utility and designed to turn 
7.19 	off, limit, or vary the delivery of energy, are the exclusive property of the owner of the 
7.20 	building except to the extent that the improvement is subjected to a security interest in 
7.21 	favor of the utility in case of a loan to the building owner. The utility has no liability 
7.22 	for loss, damage, or injury caused directly or indirectly by an energy efficiency and 
7.23 	conservation improvement except for negligence by the utility in the purchase, installation, 
7.24 	or modification of the product.
7.25 		Subd. 9.Low income programs. The commissioner shall establish and 
7.26 	implement low-income energy efficiency and conservation programs. In establishing 
7.27 	low-income energy efficiency and conservation programs, the commissioner shall consult 
7.28 	political subdivisions, utilities, and nonprofit and community organizations, especially 
7.29 	organizations engaged in providing energy and weatherization assistance to low-income 
7.30 	persons. To the extent practicable, money collected under subdivision 12 for this purpose 
7.31 	must serve low-income persons, including low-income renters, in the service territory of 
7.32 	the utility or association providing the funds. The commissioner shall record and report 
7.33 	expenditures and energy savings achieved as a result of low-income programs funded 
7.34 	through this account. The commissioner may contract with a political subdivision, a 
7.35 	nonprofit or community organization, a public utility, a municipality, or a cooperative 
7.36 	electric association to implement its programs.
8.1 		Subd. 10.Demand efficiency research and development grants. The 
8.2 	commissioner may provide grants to any person to conduct research and development of 
8.3 	energy efficiency and conservation improvements. In awarding research and development 
8.4 	grants, the commissioner shall consult with an advisory group consisting of utilities, 
8.5 	consumer advocates, and other interested parties.
8.6 		Subd. 11.Facilities demand efficiency. (a) The Department of Administration 
8.7 	and the Department of Commerce shall maintain and, as needed, revise the sustainable 
8.8 	building guidelines developed under section 16B.325.
8.9 	(b) The Department of Administration and the Department of Commerce shall 
8.10 	maintain and update the benchmarking tool developed under Laws 2001, chapter 212, 
8.11 	article 1, section 3, so that all public buildings can use the benchmarking tool to maintain 
8.12 	energy usage information for the purposes of establishing energy efficiency benchmarks 
8.13 	and tracking building performance and the results of energy efficiency and conservation 
8.14 	improvements.
8.15 	(c) The commissioner may provide grants to commercial building owners to 
8.16 	facilitate energy efficiency and conservation improvements and professional engineering 
8.17 	certification to reach the goal of 1,000 Energy Star-labeled commercial buildings in the 
8.18 	state by 2010.
8.19 		Subd. 12.Demand efficiency account. (a) A demand efficiency account is 
8.20 	established within the next generation energy fund established under section 216C.054. 
8.21 	Interest on money in the account accrues to the account.
8.22 	 (b) Subject to the limitations established in paragraph (c), the commissioner shall 
8.23 	assess energy utilities for costs related to execution of subdivision 4, paragraph (e), and 
8.24 	9, 10, and 11. The commissioner shall apportion the costs among all energy utilities in 
8.25 	proportion to their respective gross operating revenues from sales of gas or electric service 
8.26 	within the state during the last calendar year and shall then render a bill to each utility on a 
8.27 	regular basis. For purposes of administrative efficiency, the commissioner shall assess 
8.28 	energy utilities and issue bills in accordance with the billing and assessment procedures 
8.29 	provided in section 216B.62, to the extent that these procedures do not conflict with this 
8.30 	subdivision. The amount of the bills rendered by the commissioner under this paragraph 
8.31 	must be paid by the energy utility into the demand efficiency account within the next 
8.32 	generation energy fund within 30 days from the date of billing and is appropriated to the 
8.33 	commissioner for the purposes of executing subdivisions 4, paragraph (e), 9, 10, and 
8.34 	11. All amounts assessed under this section are in addition to amounts appropriated to 
8.35 	the commissioner by other law.
8.36 	(c) The commissioner may assess:
9.1 	(1) an amount equal to 0.20 percent of the gross operating revenue from annual retail 
9.2 	sales of electricity and natural gas in the state for the purpose of providing low-income 
9.3 	energy efficiency programs under subdivision 9;
9.4 	(2) up to $3,500,000 annually to establish energy savings assumptions under 
9.5 	subdivision 4, paragraph (e), to provide grants for research and development of energy 
9.6 	efficiency and conservation improvements under subdivision 10 and grants promoting 
9.7 	Energy Star-labeled commercial buildings under subdivision 11, paragraph (c); and
9.8 	(3) up to an additional $500,000 annually to carry out subdivision 11, paragraphs 
9.9 	(a) and (b). The amount assessed under this clause is appropriated to the commissioner, 
9.10 	and some or all of the amount assessed may be transferred to the commissioner of 
9.11 	administration, for the purposes specified in subdivision 11, paragraphs (a) and (b), as 
9.12 	needed to implement those paragraphs.
9.13 		Subd. 13.Recovery of expenses. The commission shall allow a utility to recover 
9.14 	expenses resulting from an energy efficiency and conservation improvement program 
9.15 	required by the department and contributions to the demand efficiency account, unless 
9.16 	the recovery would be inconsistent with a financial incentive proposal approved by the 
9.17 	commission. In addition, a utility may file annually or the Public Utilities Commission 
9.18 	may require the utility to file, and the commission may approve, rate schedules containing 
9.19 	provisions for the automatic adjustment of charges for utility service in direct relation 
9.20 	to changes in the expenses of the utility for real and personal property taxes, fees, and 
9.21 	permits, the amounts of which the utility cannot control. A public utility is eligible 
9.22 	to file for adjustment for real and personal property taxes, fees, and permits under this 
9.23 	subdivision only if, in the year previous to the year in which it files for adjustment, it has 
9.24 	saved an additional 0.15 percent over the amount specified in subdivision 3, excluding 
9.25 	large electric customer facilities for which the commissioner has issued an exemption 
9.26 	under subdivision 2, paragraph (b).

9.27 	EFFECTIVE DATE. This section is effective July 1, 2008, and applies to proposals 
9.28 	pending on that date.

9.29 	Sec. 4. [216B.2413] DECOUPLING OF ENERGY SALES FROM REVENUES.
9.30 	The commission may, by order, establish criteria and standards for decoupling, in 
9.31 	whole or in part, energy sales by public utilities from the revenues of those utilities. The 
9.32 	commission shall design the criteria and standards to mitigate the impact on the public 
9.33 	utilities of the energy efficiency objectives under section 216B.2412 without adversely 
9.34 	affecting utility ratepayers. Upon adoption of criteria and standards under this section, 
10.1 	the commission may approve utility proposals for decoupling that are consistent with 
10.2 	those criteria and standards.

10.3 	Sec. 5. Minnesota Statutes 2006, section 216B.243, subdivision 3, is amended to read:
10.4 		Subd. 3.Showing required for construction. No proposed large energy facility 
10.5 	shall be certified for construction unless the applicant can show that demand for electricity 
10.6 	cannot be met more cost effectively through energy conservation and load-management 
10.7 	measures and unless the applicant has otherwise justified its need. In assessing need, 
10.8 	the commission shall evaluate:
10.9 	(1) the accuracy of the long-range energy demand forecasts on which the necessity 
10.10 	for the facility is based;
10.11 	(2) the effect of existing or possible energy conservation programs under sections 
10.12 	216C.05 to 216C.30 and this section or other federal or state legislation on long-term 
10.13 	energy demand;
10.14 	(3) the relationship of the proposed facility to overall state energy needs, as 
10.15 	described in the most recent state energy policy and conservation report prepared under 
10.16 	section 216C.18, or, in the case of a high-voltage transmission line, the relationship of the 
10.17 	proposed line to regional energy needs, as presented in the transmission plan submitted 
10.18 	under section 216B.2425;
10.19 	(4) promotional activities that may have given rise to the demand for this facility;
10.20 	(5) benefits of this facility, including its uses to protect or enhance environmental 
10.21 	quality, and to increase reliability of energy supply in Minnesota and the region;
10.22 	(6) possible alternatives for satisfying the energy demand or transmission needs 
10.23 	including but not limited to potential for increased efficiency and upgrading of existing 
10.24 	energy generation and transmission facilities, load-management programs, and distributed 
10.25 	generation;
10.26 	(7) the policies, rules, and regulations of other state and federal agencies and local 
10.27 	governments;
10.28 	(8) whether the applicant or applicants are in compliance with section 216B.2412, 
10.29 	subdivision 3;
10.30 	(9) any feasible combination of energy conservation improvements, required under 
10.31 	section 216B.241 216B.2412, that can (i) replace part or all of the energy to be provided 
10.32 	by the proposed facility, and (ii) compete with it economically;
10.33 	(9) (10) with respect to a high-voltage transmission line, the benefits of enhanced 
10.34 	regional reliability, access, or deliverability to the extent these factors improve the 
10.35 	robustness of the transmission system or lower costs for electric consumers in Minnesota;
11.1 	(10) (11) whether the applicant or applicants are in compliance with applicable 
11.2 	provisions of sections 216B.1691 and 216B.2425, subdivision 7, and have filed or will file 
11.3 	by a date certain an application for certificate of need under this section or for certification 
11.4 	as a priority electric transmission project under section 216B.2425 for any transmission 
11.5 	facilities or upgrades identified under section 216B.2425, subdivision 7;
11.6 	(11) (12) whether the applicant has made the demonstrations required under 
11.7 	subdivision 3a; and
11.8 	(12) (13) if the applicant is proposing a nonrenewable generating plant, the 
11.9 	applicant's assessment of the risk of environmental costs and regulation on that proposed 
11.10 	facility over the expected useful life of the plant, including a proposed means of allocating 
11.11 	costs associated with that risk.

11.12 	EFFECTIVE DATE. This section is effective July 1, 2008.

11.13 	Sec. 6. REVISOR'S INSTRUCTION.
 11.14 	The revisor of statutes shall change all statutory references to all or parts of 
11.15 	section 216B.241 wherever found in Minnesota Statutes and Minnesota Rules to section 
11.16 	216B.2412.

11.17 	EFFECTIVE DATE. This section is effective July 1, 2008.

11.18 	Sec. 7.  REPEALER.
 11.19 	Minnesota Statutes 2006, sections 216B.241; and 216B.2411, are repealed effective 
11.20 	June 30, 2008.