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02/20/19 REVISOR RSI/SL 19-3503 as introduced <br /> 15.1 by June 1 must be approved or approved as modified by the commissioner by December 1 <br /> 15.2 of that same year.The commissioner shall evaluate the program on the basis of <br /> 15.3 cost-effectiveness and the reliability of technologies employed. The commissioner's order <br /> 15.4 must provide to the extent practicable for a free choice,by consumers participating in the <br /> 15.5 program,of the device,method,material,or project constituting the energy conservation <br /> 15.6 improvement and for a free choice of the seller, installer,or contractor of the energy <br /> 15.7 conservation improvement,provided that the device,method,material,or project seller, <br /> 15.8 installer,or contractor is duly licensed,certified,approved,or qualified,including under <br /> 15.9 the residential conservation services program,where applicable. <br /> 15.10 (b)The commissioner may require a utility subject to subdivision 1 c to make an energy <br /> 15.11 conservation improvement investment or expenditure whenever the commissioner finds <br /> 15.12 that the improvement will result in energy savings at a total cost to the utility less than the <br /> 15.13 cost to the utility to produce or purchase an equivalent amount of new supply of energy. <br /> 15.14 The commissioner shall nevertheless ensure that every public utility operate one or more <br /> 15.15 programs under periodic review by the department. <br /> 15.16 (c)Each public utility subject to subdivision la may spend and invest annually up to ten <br /> 1 s.1 7 percent of the total amount required to be spent and invested on energy conservation <br /> 15.18 improvements under this section by the utility on research and development projects that <br /> 15.19 meet the definition of energy conservation improvement in subdivision 1 and that are funded <br /> 15.20 directly by the public utility. <br /> 15.21 (d)A public utility may not spend for or invest in energy conservation improvements <br /> 15.22 that directly benefit a large energy facility or a large electric customer facility for which the <br /> 15.23 commissioner has issued an exemption pursuant to subdivision la,paragraph(b).The <br /> 15.24 commissioner shall consider and may require a public utility to undertake a program <br /> 15.25 suggested by an outside source,including a political subdivision,a nonprofit corporation, <br /> 15.26 or community organization. <br /> 15.27 (e)A utility,a political subdivision,or a nonprofit or community organization that has <br /> 15.28 suggested a program,the attorney general acting on behalf of consumers and small business <br /> 15.29 interests,or a utility customer that has suggested a program and is not represented by the <br /> 15.30 attorney general under section 8.33 may petition the commission to modify or revoke a <br /> 15.31 department decision under this section,and the commission may do so if it determines that <br /> 15.32 the program is not cost-effective,does not adequately address the residential conservation <br /> 15.33 improvement needs of low-income persons,has a long-range negative effect on one or more <br /> 15.34 classes of customers,or is otherwise not in the public interest.The commission shall reject <br /> Article 4 Sec.3. 15 <br /> 113 • <br />