75th Legislative Session -- 2000
Committee: House Commerce
Tuesday, February 8, 2000
P - Present
E - Excused
A - Absent
Roll Call
P
Brown (Jarvis)
P
Diedtrich (Elmer)
P
Fischer-Clemens
P
Heineman
P
Koehn
P
Konold
P
Michels
P
Patterson
E
Solum
P
Sutton (Duane)
P
Wilson
P
Peterson, Vice-Chair
P
Roe, Chair
OTHERS PRESENT: See Original Minutes
The meeting was called to order by Rep. Robert Roe, Chair.
MOTION:
TO APPROVE THE MINUTES OF February 3, 2000.
Moved by:
Representative Fischer-Clemens
Second by:
Representative Sutton (Duane)
Action:
Prevailed by voice vote.
HB 1275:
revise the method of designating and selecting representatives for public
employees' unions.
Presented by:
Rep. Kay Davis
Proponents:
Paul Aylward, Huron, AFL-CIO/AFSCME
Mark Anderson, S. Fall, self
Joe Kraljic, S. Falls, BMWE
Opponents:
James Marsh, Pierre, SD Dept. of Labor
Bob Sahr, Pierre, BOP
Jim Shekleton, Pierre, BOR
MOTION:
DO PASS HB 1275
Moved by:
Representative Koehn
Second by:
Representative Patterson
Action:
Prevailed by roll call vote.
(7-5-1-0)
Voting yes:
Brown (Jarvis), Fischer-Clemens, Koehn, Patterson, Wilson, Peterson, Roe
Voting no:
Diedtrich (Elmer), Heineman, Konold, Michels, Sutton (Duane)
Excused:
Solum
HB 1274:
provide for the assessment of actual representation expenses from
nonunion employees.
Presented by:
Rep. Kay Davis
Proponents:
Rep. Gil Koetzle
Paul Aylward, Huron, AFL-CIO/AFSCME
Joe Kraljic, S. Falls, BMWE
Mark Anderson, S. Falls, self
Opponents:
Bob Sahr, Pierre, BOR
James Marsh, Pierre, SD Dept. of Labor
Jim Shekleton, Pierre, BOR
MOTION:
DO PASS HB 1274
Moved by:
Representative Fischer-Clemens
Second by:
Representative Patterson
Action:
Failed by roll call vote.
(6-5-2-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Koehn, Patterson, Wilson
Voting no:
Heineman, Konold, Michels, Peterson, Roe
Excused:
Solum, Sutton (Duane)
MOTION:
DEFER HB 1274 UNTIL THE 36TH LEGISLATIVE DAY
Moved by:
Representative Patterson
Second by:
Representative Michels
Action:
Prevailed by roll call vote.
(7-4-2-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Heineman, Konold, Michels, Peterson, Roe
Voting no:
Fischer-Clemens, Koehn, Patterson, Wilson
Excused:
Solum, Sutton (Duane)
The gavel was passed to Rep. Peterson.
HB 1232:
establish a system for measuring and billing a renewable energy source
provided by a customer-generator.
Presented by:
Rep. Robert Roe
Proponents:
David Tarrell, S. Falls, self (Handout 1)
John Dunlop, MN., Am. Wind Energy Assn.(Handout 2)
Wayne Thompson, Colman, self (Handout 3)
Luanne Napton, Brookings, SDRC
Bob Newland, Hermosa, self
Lilias Jarding, Colman, Sierre Club
Opponents:
Bob Miller, Pierre, SD Elec. Utility Co.
Ron Holsteen, Pierre, SDREA (Handout 4)
Jim Hood, S. Falls, Mo. River Energy Services
Matt O'Loughton, Madison, Heartland Power District
MOTION:
AMEND HB 1232
1232fa
On page
3
,
line
10 of the printed bill
,
after "
.
"
insert "
Such standards shall ensure that the net
metering system will automatically isolate itself from the electric utility if there is a utility power
outage. The standards shall permit the electric utility to interrupt the interconnection when necessary
to construct, maintain, repair, replace, remove, investigate, or inspect any of its equipment or part
of its system or to interrupt the interconnection because of an emergency.
"
.
On page
3
,
line
16
,
delete "
section 7
"
and insert "
sections 7 and 8
"
.
On page
3
,
after line
23
,
insert:
"
Section 11. The customer-generator shall provide the electric utility with reasonable access to
the premises and equipment of the net metering system if the configuration of the net metering
system precludes disconnection from the electric utility side of the interconnection. The electric
utility is responsible for its personnel when assessing the net metering system on the customer-
generator's property.
Section 12. If there is a dispute between an electric utility and a customer-generator, either party
may request a determination of the issue by the Public Utilities Commission. In any such
determination, the burden of proof shall be on the electric utility. The Public Utilities Commission
in its order resolving each dispute shall require payment to the prevailing party of the prevailing
party's costs, disbursements, and reasonable attorneys' fees, except that the customer-generator shall
pay the costs, disbursements, and attorneys' fees of the electric utility if the Public Utilities
Commission finds that the claims of the customer-generator in the dispute have been made in bad
faith, are a sham, or are frivolous.
"
Moved by:
Representative Patterson
Second by:
Representative Roe
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1232
1232fc
On page
3
,
after line
23 of the printed bill
,
insert:
"
Section 11. If the net metering system is interconnected with a nongenerating electric utility
which has a sole source contract with a public power agency or a generation and transmission
electric utility, the nongenerating electric utility may elect to treat its purchase of any net electrical
energy under this Act as being made on behalf of its supplier and shall be reimbursed by its supplier
for any additional costs incurred in making the purchase.
"
Moved by:
Representative Roe
Second by:
Representative Patterson
Action:
Prevailed by voice vote.
MOTION:
AMEND HB 1232
1232fb
On page
2
,
after line
2 of the printed bill
,
insert:
"
(3) Has a manufacturer's nameplate rating of one hundred kilowatts or less;
"
On page
2
,
line
3
,
delete "
(3)
"
and insert "
(4)
"
.
On page
2
,
line
5
,
delete "
(4)
"
and insert "
(5)
"
.
Moved by:
Representative Roe
Second by:
Representative Wilson
Action:
Prevailed by voice vote.
MOTION:
DO PASS HB 1232 AS AMENDED
Moved by:
Representative Roe
Second by:
Representative Patterson
Action:
Failed by roll call vote.
(5-7-1-0)
Voting yes:
Fischer-Clemens, Koehn, Patterson, Wilson, Roe
Voting no:
Brown (Jarvis), Diedtrich (Elmer), Heineman, Konold, Michels, Sutton (Duane),
Peterson
Excused:
Solum
MOTION:
SUBSTITUTE MOTION DEFER HB 1232 UNTIL THE 36TH LEGISLATIVE
DAY
Moved by:
Representative Konold
Second by:
Representative Heineman
Action:
Failed by roll call vote.
(6-6-1-0)
Voting yes:
Brown (Jarvis), Heineman, Konold, Michels, Sutton (Duane), Peterson
Voting no:
Diedtrich (Elmer), Fischer-Clemens, Koehn, Patterson, Wilson, Roe
Excused:
Solum
MOTION:
WITHOUT RECOMMENDATION HB 1232 AS AMENDED
Moved by:
Representative Koehn
Second by:
Representative Sutton (Duane)
Action:
Failed by roll call vote.
(3-9-1-0)
Voting yes:
Koehn, Sutton (Duane), Peterson
Voting no:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Konold, Michels,
Patterson, Wilson, Roe
Excused:
Solum
MOTION:
TO TABLE HB 1232
Moved by:
Representative Wilson
Second by:
Representative Michels
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Koehn, Konold,
Michels, Patterson, Sutton (Duane), Wilson, Peterson
Voting no:
Roe
Excused:
Solum
Chair Roe resumes the gavel.
HB 1276:
establish eligibility requirements for purchasers of houses constructed
by prison inmates.
MOTION:
TO TABLE HB 1276
Moved by:
Representative Peterson
Second by:
Representative Koehn
Action:
Prevailed by roll call vote.
(11-1-1-0)
Voting yes:
Brown (Jarvis), Diedtrich (Elmer), Fischer-Clemens, Heineman, Koehn, Konold,
Michels, Patterson, Sutton (Duane), Peterson, Roe
Voting no:
Wilson
Excused:
Solum
MOTION:
ADJOURN
Moved by:
Representative Wilson
Second by:
Representative Peterson
Action:
Prevailed by voice vote.
Beverly Jennings
_________________________________
Committee Secretary
Robert A. Roe, Chair
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