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SF4591 • 2026

Establish standards for distributed energy resource aggregators

Establish standards for distributed energy resource aggregators

Energy
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Frentz
Last action
2026-03-18
Official status
Introduction and first reading
Effective date
Not listed

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2026-03-18 House

    Introduction and first reading

Official Summary Text

Establish standards for distributed energy resource aggregators

Current Bill Text

Read the full stored bill text
A bill for an act

relating to energy; establishing standards for distributed energy resource

aggregators; authorizing certain fees; appropriating money; proposing coding for

new law in Minnesota Statutes, chapter 216B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[216B.1616] DISTRIBUTED ENERGY RESOURCE AGGREGATORS.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Distributed energy resources" means:

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(1) distributed generation, as defined in section 216B.164, subdivision 2a;

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(2) energy efficiency, as defined in section 216B.2402, subdivision 7;

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(3) load management, as defined in section 216B.2402, subdivision 15;

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(4) energy storage systems, as defined in section 216B.2422, subdivision 1; and

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(5) other distributed resources located on the distribution system, at a distribution

substation, or behind a retail customer meter.

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(c) "Distributed energy resource aggregator" or "DER aggregator" means an entity that

aggregates one or more distributed energy resources of retail customers for participation in

wholesale markets administered by a regional transmission organization. A DER aggregator

is not a public utility under section 216B.02, subdivision 4.

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Subd. 2.

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Commission authority.

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(a) The commission may regulate the operations of

DER aggregators to the extent consistent with federal regulation, including:

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(1) regulating the operations of DER aggregators as needed to ensure the safety and

reliability of utility distribution systems;

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(2) protecting the interests of retail customers against subsidizing the wholesale market

operations of DER aggregators; and

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(3) resolving disputes regarding DER aggregator operations.

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(b) Nothing in this section regulates wholesale market rules or participation requirements

established under federal jurisdiction.

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(c) A DER aggregator is prohibited from operating in the service area of an electric

utility, as defined in section 216B.38, subdivision 5, with retail electric sales of less than

four million megawatt hours during the prior calendar year unless the electric utility submits

a request to and receives permission from the electric utility's cooperative board, a municipal

utility board, or the commission to allow DER aggregators to operate in the electric utility's

service area.

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Subd. 3.

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Retail rate integrity.

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(a) A distributed energy resource enrolled in a utility

program must not receive compensation for the same service provided during the same

interval or for the same performance obligation in a wholesale market.

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(b) The commission may by order establish verification and accounting standards to

prevent double counting of capacity, energy, or ancillary services.

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(c) Nothing in this subdivision prohibits a DER aggregator from simultaneously

participating in retail and wholesale programs if the services provided are distinct and not

duplicative.

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Subd. 4.

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Dispute resolution.

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(a) The commission has jurisdiction to resolve disputes

between (1) a DER aggregator and a public utility, or (2) a DER aggregator and a retail

customer.

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(b) The commission may resolve disputes regarding:

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(1) the interpretation of distribution tariffs;

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(2) retail contract terms; and

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(3) the application of interconnection and distribution-level technical standards.

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Subd. 5.

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Utility DER aggregation tariffs.

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(a) As directed by the commission, a public

utility and electric utility with retail electric sales in excess of four million megawatt hours

during the previous calendar year and that has opted for rate regulation under section

216B.026 must file with the commission for commission approval a tariff governing the

terms and conditions for DER aggregators to operate within the electric utility's service

territory.

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(b) The tariffs under paragraph (a) must include provisions related to:

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(1) protocols for communication and coordination between the utility and the DER

aggregator to ensure the safety and reliability of the distribution system;

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(2) accounting mechanisms to ensure that a DER aggregator or the DER's customers do

not receive compensation from both wholesale markets and retail utility programs for the

same service or benefit; and

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(3) the exchange of customer usage data and system data between the utility and the

DER aggregator.

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Subd. 6.

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Fees.

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(a) The commission may assess fees on DER aggregators for the

administrative costs incurred to implement this section.

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(b) The money received from the assessment must be deposited into an account in the

special revenue fund. All money deposited in the account is appropriated to the commission

for the purposes specified under this section. An assessment made under this subdivision

is not subject to the cap on assessments provided under section 216B.62 or any other law.

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EFFECTIVE DATE.

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This section is effective the day following final enactment.

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