UTILITIES LAW
Prepared by:
Ron Elwood, Staff Attorney
Legal Services Advocacy Project
651-222-3749, ext. 109
relwood@mnlsap.org

I. FEDERAL ENERGY STIMULUS
Chapter 138 (SF 657)
Effective May 22, 2009

Allocates $134 million in federal stimulus funds for weatherization and an additional $62 million for energy efficiency, and renewable energy projects, representing almost a ten-fold increase over annual federal weatherization funding.

A. Training for Low-Income Persons
Article 6, Section 3 (5) and (6)
Article 5, Section 1, Subds. 1 and 2
Sets aside: (1) $1 million to ensure access to and affordability of training for low-income persons for residential weatherization jobs and commercial energy efficiency and renewable energy-related trades; and (2) $1 million to recruit individuals who are unemployed - especially targeting communities experiencing disproportionately high rates of unemployment, including, but not limited to, low-income, youth, rural, or tribal communities - to be trained for energy projects.

B. Contracts
Article 1, Section 1, Subd. 4
Requires the contract bidding process, to the extent practicable, to comply with state law governing procurement of services from businesses owned by persons of color, women, and persons with disabilities.

C. Income Eligibility for Weatherization
Article 2, Section 1, Subd. 4
Provides that the income eligibility for weatherization must be established at the highest level allowed under federal law.

D. Notice of Contract and Employment Opportunities
Article 5, Section 1, Subd. 1
Requires the dissemination of information about contract and employment opportunities, with particular effort to publicize opportunities to community organizations, nongovernmental organizations, and media outlets that target disadvantaged groups, including, but not limited to, low-income, rural, tribal communities, and communities of color.

E. Outreach
Article 2, Section 5
Requires the Department of Commerce to award grants to conduct outreach and ensure coverage of households in low-income areas, small cities, and rural communities, and must reach all regions of the state.

F. Weatherization of Abandoned and Foreclosed Properties
Article 2, Section 1, Subd. 6
Requires the Department of Commerce to seek a federal waiver to enable it to use funds to weatherize abandoned and foreclosed homes.

G. Weatherization of Rental Units
Article 2, Section 1, Subd. 2
Requires the Department of Commerce to attempt to increase the number of rental units weatherized.

II. LIABILITY FOR UNAUTHORIZED USE OF CELL PHONES
Chapter 54 (SF 298)
Adds Minn. Stat. § 325F.696
Effective August 1, 2009

A. No Liability for Unauthorized Use

Excuses charges for unauthorized use of a customer's cell phone. Establishes a rebuttable presumption that any use of a phone after the provider has been notified that the phone is lost or stolen is unauthorized, provided that the customer agreed to suspend use of the phone.
Adds Minn. Stat. § 325F.696, subd. 1

B. Unauthorized Use Defined

Defines "unauthorized use" as use by a person other than the customer who does not have actual, implied, or apparent authority for the use.
Adds Minn. Stat. § 325F.696, subd. 2