Bill Text: MN SF1121 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Local government energy improvement program term definitions modifications
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2013-05-19 - General Orders: Stricken and returned to author [SF1121 Detail]
Download: Minnesota-2013-SF1121-Introduced.html
1.2relating to energy; defining terms in the energy improvements program for local
1.3governments;amending Minnesota Statutes 2012, sections 216C.435, subdivision
1.48, by adding a subdivision; 216C.436, subdivision 2; 429.101, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 216C.435, is amended by adding a
1.7subdivision to read:
1.8 Subd. 3a. Cost-effective energy improvements. "Cost-effective energy
1.9improvements" mean energy improvements that have been identified in an energy audit
1.10or renewable energy system feasibility study as repaying their purchase and installation
1.11costs in 20 years or less, based on the amount of future energy saved and estimated future
1.12energy prices.
1.13EFFECTIVE DATE.This section is effective the day following final enactment.
1.14 Sec. 2. Minnesota Statutes 2012, section 216C.435, subdivision 8, is amended to read:
1.15 Subd. 8. Qualifying real property. "Qualifying real property" means a
1.16single-family or multifamily residential dwelling, or a commercial or industrial building,
1.17that the implementing entity has determined, after review of an energy audit or renewable
1.18energy system feasibility study, can be benefited by installation of cost-effective energy
1.19improvements.
1.20EFFECTIVE DATE.This section is effective the day following final enactment.
1.21 Sec. 3. Minnesota Statutes 2012, section 216C.436, subdivision 2, is amended to read:
2.1 Subd. 2. Program requirements. A financing program must:
2.2(1) impose requirements and conditions on financing arrangements to ensure timely
2.3repayment;
2.4(2) require an energy audit or renewable energy system feasibility study to be
2.5conducted on the qualifying real property and reviewed by the implementing entity prior
2.6to approval of the financing;
2.7(3) require the inspection of all installations and a performance verification of at
2.8least ten percent of the energy improvements financed by the program;
2.9(4) not prohibit the financing of all cost-effective energy improvements not otherwise
2.10prohibited by this section;
2.11(5) require that all cost-effective energy improvements be made to a qualifying
2.12real property prior to, or in conjunction with, an applicant's repayment of financing for
2.13energy improvements for that property;
2.14(5) (6) have energy improvements financed by the program performed by licensed
2.15contractors as required by chapter 326B or other law or ordinance;
2.16(6) (7) require disclosures to borrowers by the implementing entity of the risks
2.17involved in borrowing, including the risk of foreclosure if a tax delinquency results from
2.18a default;
2.19(7) (8) provide financing only to those who demonstrate an ability to repay;
2.20(8) (9) not provide financing for a qualifying real property in which the owner is not
2.21current on mortgage or real property tax payments;
2.22(9) (10) require a petition to the implementing entity by all owners of the qualifying
2.23real property requesting collections of repayments as a special assessment under section
2.24429.101
;
2.25(10) (11) provide that payments and assessments are not accelerated due to a default
2.26and that a tax delinquency exists only for assessments not paid when due; and
2.27(11) (12) require that liability for special assessments related to the financing runs
2.28with the qualifying real property.
2.29EFFECTIVE DATE.This section is effective the day following final enactment.
2.30 Sec. 4. Minnesota Statutes 2012, section 429.101, subdivision 2, is amended to read:
2.31 Subd. 2. Procedure for assessment. Any special assessment levied under
2.32subdivision 1 shall be payable in a single installment, or by up to ten equal annual
2.33installments as the council may provide, except that a special assessment made under an
2.34energy improvements financing program under subdivision 1, paragraph (c), may be
3.1repayable in up to 20 equal installments. Withthis exception these exceptions, sections
3.2429.061
,
429.071 , and
429.081 shall apply to assessments made under this section.
3.3EFFECTIVE DATE.This section is effective the day following final enactment.
1.3governments;amending Minnesota Statutes 2012, sections 216C.435, subdivision
1.48, by adding a subdivision; 216C.436, subdivision 2; 429.101, subdivision 2.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 216C.435, is amended by adding a
1.7subdivision to read:
1.8 Subd. 3a. Cost-effective energy improvements. "Cost-effective energy
1.9improvements" mean energy improvements that have been identified in an energy audit
1.10or renewable energy system feasibility study as repaying their purchase and installation
1.11costs in 20 years or less, based on the amount of future energy saved and estimated future
1.12energy prices.
1.13EFFECTIVE DATE.This section is effective the day following final enactment.
1.14 Sec. 2. Minnesota Statutes 2012, section 216C.435, subdivision 8, is amended to read:
1.15 Subd. 8. Qualifying real property. "Qualifying real property" means a
1.16single-family or multifamily residential dwelling, or a commercial or industrial building,
1.17that the implementing entity has determined, after review of an energy audit or renewable
1.18energy system feasibility study, can be benefited by installation of cost-effective energy
1.19improvements.
1.20EFFECTIVE DATE.This section is effective the day following final enactment.
1.21 Sec. 3. Minnesota Statutes 2012, section 216C.436, subdivision 2, is amended to read:
2.1 Subd. 2. Program requirements. A financing program must:
2.2(1) impose requirements and conditions on financing arrangements to ensure timely
2.3repayment;
2.4(2) require an energy audit or renewable energy system feasibility study to be
2.5conducted on the qualifying real property and reviewed by the implementing entity prior
2.6to approval of the financing;
2.7(3) require the inspection of all installations and a performance verification of at
2.8least ten percent of the energy improvements financed by the program;
2.9(4) not prohibit the financing of all cost-effective energy improvements not otherwise
2.10prohibited by this section;
2.11(5) require that all cost-effective energy improvements be made to a qualifying
2.12real property prior to, or in conjunction with, an applicant's repayment of financing for
2.13energy improvements for that property;
2.14
2.15contractors as required by chapter 326B or other law or ordinance;
2.16
2.17involved in borrowing, including the risk of foreclosure if a tax delinquency results from
2.18a default;
2.19
2.20
2.21current on mortgage or real property tax payments;
2.22
2.23real property requesting collections of repayments as a special assessment under section
2.25
2.26and that a tax delinquency exists only for assessments not paid when due; and
2.27
2.28with the qualifying real property.
2.29EFFECTIVE DATE.This section is effective the day following final enactment.
2.30 Sec. 4. Minnesota Statutes 2012, section 429.101, subdivision 2, is amended to read:
2.31 Subd. 2. Procedure for assessment. Any special assessment levied under
2.32subdivision 1 shall be payable in a single installment, or by up to ten equal annual
2.33installments as the council may provide, except that a special assessment made under an
2.34energy improvements financing program under subdivision 1, paragraph (c), may be
3.1repayable in up to 20 equal installments. With
3.3EFFECTIVE DATE.This section is effective the day following final enactment.
