.................... moves to amend H.F. No. 3109 as follows:
Delete everything after the enacting clause and insert:
"Section 1. [216C.435] DEFINITIONS.
1.4 Subdivision 1. Scope. For the purposes of this section and section 216C.436, the
1.5terms defined in this section have the meanings given them.
1.6 Subd. 2. City. "City" means a home rule charter or statutory city.
1.7 Subd. 3. Local government. "Local government" means a city, county, or town.
1.8 Subd. 4. Energy audit. "Energy audit" means a formal evaluation of the energy
1.9consumption of a building by a certified energy auditor, whose certification is approved by
1.10the commissioner, for the purpose of identifying appropriate energy improvements that
1.11could be made to the building and including an estimate of the length of time a specific
1.12energy improvement will take to repay its purchase and installation costs, based on the
1.13amount of energy saved and estimated future energy prices.
1.14 Subd. 5. Energy improvement. "Energy improvement" means:
1.15(1) any renovation or retrofitting of a building to improve energy efficiency that
1.16is permanently affixed to the property and that results in a net reduction in energy
1.17consumption without altering the principal source of energy;
1.18(2) installation of new or upgraded electrical circuits to enable electrical vehicle
1.20(3) a renewable energy system attached to or installed within or proximate to a
1.21building that generates electrical or thermal energy from a renewable energy source.
1.22 Subd. 6. Qualifying real property. "Qualifying real property" means a
1.23single-family or multifamily residential dwelling, or a commercial or industrial building,
1.24that the city has determined, after review of an energy audit or renewable energy system
1.25feasibility study, can be benefited by installation of energy improvements.
1.26 Subd. 7. Renewable energy. "Renewable energy" means energy produced by
1.27means of solar thermal, solar photovoltaic, wind, or geothermal resources.
2.1 Subd. 8. Renewable energy system feasibility study. "Renewable energy system
2.2feasibility study" means a written study, conducted by a contractor trained to perform that
2.3analysis, for the purpose of determining the feasibility of installing a renewable energy
2.4system in a building, including an estimate of the length of time a specific renewable
2.5energy system will take to repay its purchase and installation costs, based on the amount of
2.6energy saved and estimated future energy prices. For a geothermal energy improvement,
2.7the feasibility study must calculate net savings in terms of nongeothermal energy and costs.
2.8 Subd. 9. Solar thermal. "Solar thermal" has the meaning given to "qualifying solar
2.9thermal project" in section 216B.2411, subdivision 2, paragraph (e).
2.10 Subd. 10. Solar photovoltaic. "Solar photovoltaic" has the meaning given in
2.11section 216C.06, subdivision 16, and must meet the requirements of section 216C.25.
2.12EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 2. [216C.436] VOLUNTARY ENERGY IMPROVEMENTS FINANCING
2.14PROGRAM FOR LOCAL GOVERNMENTS.
2.15 Subdivision 1. Program authority. A local government may establish a program
2.16to finance energy improvements to enable owners of qualifying real property to pay for
2.17cost-effective energy improvements to the qualifying real property with the net proceeds
2.18and interest earnings of revenue bonds authorized in this section.
2.19 Subd. 2. Program requirements. A financing program must:
2.20(1) impose requirements and conditions on financing arrangements to ensure timely
2.22(2) require an energy audit or renewable energy system feasibility study to be
2.23conducted on the qualifying real property and reviewed by the local government prior to
2.24approval of the financing;
2.25(3) inspect the installation and verify the performance of energy improvements
2.26financed by the program;
2.27(4) require that all cost-effective energy efficiency improvements be made to a
2.28qualifying real property prior to, or in conjunction with, an applicant receiving financing
2.29for a renewable energy system for that property;
2.30(5) have work financed by the program done by licensed contractors as required by
2.31chapter 326B or other law or ordinance;
2.32(6) require disclosures to borrowers by the local government of the risks involved in
2.33borrowing, including the risk of foreclosure if a tax delinquency results from a default;
2.34(7) provide financing only to those who demonstrate an ability to repay;
3.1(8) not provide financing for a qualifying real property in which the owner has a
3.2negative equity or is not current on mortgage or real property tax payments;
3.3(9) provide that payments and assessments are not accelerated due to a default and
3.4that a tax delinquency exists only for assessments not paid when due; and
3.5(10) that liability for special assessments related to the financing runs with the
3.6qualifying real property.
3.7 Subd. 3. Financing terms. Financing provided under this section must have:
3.8(1) a term not to exceed the weighted average of the useful life of the energy
3.9improvements installed, as determined by the local government, but in no event may
3.10a term exceed 20 years;
3.11(2) a principal amount not to exceed the lesser of ten percent of the appraised value
3.12of the real property on which the improvements are to be installed or the actual cost of
3.13installing the energy improvements, including the costs of necessary equipment, materials,
3.14and labor, the costs of each related energy audit or renewable energy system feasibility
3.15study, and the cost of verification of installation; and
3.16(3) an interest rate sufficient to pay the financing costs of the program, including the
3.17issuance of bonds and any financing delinquencies.
3.18 Subd. 4. Coordination with other programs. A financing program must include
3.19cooperation and coordination with the conservation improvement activities of the utility
3.20serving the qualifying real property and other public and private energy improvement
3.22 Subd. 5. Certificate of participation. Upon completion of a project, a local
3.23government shall provide a borrower with a certificate stating participation in the program
3.24and what energy improvements have been made with financing program proceeds.
3.25 Subd. 6. Repayment. A local government financing an energy improvement
3.26under this section must:
3.27(1) secure payment with a lien against the benefited qualifying real property; and
3.28(2) collect repayments as a special assessment as provided for in section 429.101
3.29or by charter.
3.30 Subd. 7. Bond issuance; repayment. (a) A local government may issue revenue
3.31bonds as provided in chapter 475 for the purposes of this section.
3.32(b) The bonds must be payable as to both principal and interest solely from the
3.33revenues from the assessments established in subdivision 4.
3.34(c) No holder of bonds issued under this subdivision may compel any exercise of the
3.35taxing power of the local government that issued the bonds to pay principal or interest on
3.36the bonds. Bonds issued under this subdivision are not a debt or obligation of the local
4.1government that issued them, nor is the payment of the bonds enforceable out of any
4.2money other than the revenue pledged to the payment of the bonds.
4.3EFFECTIVE DATE.This section is effective the day following final enactment.
Sec. 3. Minnesota Statutes 2008, section 429.101, subdivision 1, is amended to read:
Subdivision 1. Ordinances.
(a) In addition to any other method authorized by
law or charter, the governing body of any municipality may provide for the collection
of unpaid special charges as a special assessment against the property benefited for all
or any part of the cost of:
(1) snow, ice, or rubbish removal from sidewalks;
(2) weed elimination from streets or private property;
(3) removal or elimination of public health or safety hazards from private property,
excluding any structure included under the provisions of sections
(4) installation or repair of water service lines, street sprinkling or other dust
treatment of streets;
(5) the trimming and care of trees and the removal of unsound trees from any street;
(6) the treatment and removal of insect infested or diseased trees on private property,
the repair of sidewalks and alleys;
(7) the operation of a street lighting system;
(8) the operation and maintenance of a fire protection or a pedestrian skyway system;
(9) inspections relating to a municipal housing maintenance code violation;
(10) the recovery of any disbursements under section
504B.445, subdivision 4
clause (5), including disbursements for payment of utility bills and other services, even if
provided by a third party, necessary to remedy violations as described in section
, clause (2); or
(11) [Repealed, 2004 c 275 s 5]
(12) the recovery of delinquent vacant building registration fees under a municipal
program designed to identify and register vacant buildings.
(b) The council may by ordinance adopt regulations consistent with this section to
make this authority effective, including, at the option of the council, provisions for placing
primary responsibility upon the property owner or occupant to do the work personally
(except in the case of street sprinkling or other dust treatment, alley repair, tree trimming,
care, and removal,
or the operation of a street lighting system) upon notice before the work
is undertaken, and for collection from the property owner or other person served of the
charges when due before unpaid charges are made a special assessment.
5.1(c) A home rule charter city, statutory city, county, or town operating an energy
5.2improvements financing program under section 216C.36 has the authority granted to a
5.3municipality under paragraph (a) with respect to energy improvements financed under
5.5EFFECTIVE DATE.This section is effective the day following final enactment.
Amend the title accordingly