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Office of the Revisor of Statutes

HF 428

Introduction - 79th Legislature (1995 - 1996)

Posted on 12/15/2009 12:00 a.m.

KEY: stricken = removed, old language.
underscored = added, new language.
  1.1                          A bill for an act
  1.2             relating to utilities; allowing utilities to credit 
  1.3             purchases of domestic hydropower or refurbishing of 
  1.4             domestic hydropower-generating capacity toward wind 
  1.5             power and biomass mandates; placing refurbished 
  1.6             hydropower on the same level in the preferred 
  1.7             generation sources hierarchy as wind and solar; making 
  1.8             technical corrections; amending Minnesota Statutes 
  1.9             1994, sections 216B.02, by adding a subdivision; 
  1.10            216B.2423, by adding a subdivision; 216B.2424; and 
  1.11            216C.051, subdivision 7. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1994, section 216B.02 is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 10.  [REFURBISH.] "Refurbish" means to rebuild or 
  1.16  substantially modify an existing electricity-generating resource.
  1.17     Sec. 2.  Minnesota Statutes 1994, section 216B.2423, is 
  1.18  amended by adding a subdivision to read: 
  1.19     Subd. 3.  [CREDIT FOR HYDROPOWER.] A public utility subject 
  1.20  to this section may credit any purchase by contract of 
  1.21  hydropower generated within the state or any refurbishing of 
  1.22  hydropower-generating capacity within the state toward the 
  1.23  amount of wind power mandated by this section. 
  1.24     Sec. 3.  Minnesota Statutes 1994, section 216B.2424, is 
  1.25  amended to read: 
  1.26     216B.2424 [BIOMASS POWER MANDATE.] 
  1.27     Subdivision 1.  [REQUIREMENT.] A public utility, as defined 
  1.28  in section 216B.02, subdivision 4, that operates a 
  2.1   nuclear-powered electric generating plant within this state 
  2.2   must, by December 31, 1998, construct and operate, purchase, or 
  2.3   contract to construct and operate (1) 50 megawatts of electric 
  2.4   energy installed capacity generated by farm grown closed-loop 
  2.5   biomass, by December 31, 1998; and (2) an additional 75 
  2.6   megawatts of installed capacity so generated, by December 31, 
  2.7   2002. 
  2.8      Subd. 2.  [CREDIT FOR HYDROPOWER.] A public utility subject 
  2.9   to this section may credit any purchase by contract of 
  2.10  hydropower generated within the state or any refurbishing of 
  2.11  hydropower-generating capacity within the state toward the 
  2.12  amount of biomass energy mandated by this section. 
  2.13     Sec. 4.  Minnesota Statutes 1994, section 216C.051, 
  2.14  subdivision 7, is amended to read: 
  2.15     Subd. 7.  [GUIDELINES; PREFERRED ELECTRIC GENERATION 
  2.16  SOURCES; DEFINITIONS.] (a) The legislative task force on 
  2.17  electric energy shall undertake its responsibilities in light of 
  2.18  the guidelines specified in this subdivision. 
  2.19     (b) The highest priority in electric energy production and 
  2.20  consumption is conservation of electric energy and management of 
  2.21  demand by all segments of the community. 
  2.22     (c) The following energy sources for generating electric 
  2.23  power distributed in the state, listed in their descending order 
  2.24  of preference, based on minimizing long-term negative 
  2.25  environmental, social, and economic burdens imposed by the 
  2.26  specific energy sources, are: 
  2.27     (1) wind, and solar, and low-head and refurbished 
  2.28  hydropower; 
  2.29     (2) biomass and low-head or refurbished hydropower; 
  2.30     (3) decomposition gases produced by solid waste management 
  2.31  facilities, natural gas-fired cogeneration, and waste materials 
  2.32  or byproducts combined with natural gas; 
  2.33     (4) natural gas, hydropower that is not low-head or 
  2.34  refurbished hydropower, and solid waste as a direct fuel or 
  2.35  refuse-derived fuel; and 
  2.36     (5) coal and nuclear power. 
  3.1      (d) For the purposes of paragraph (c) within each clause, 
  3.2   the more efficient an energy source is in generating electricity 
  3.3   or the more efficient a technology is that utilizes an energy 
  3.4   source, the more preferred it is for use in generating 
  3.5   electricity for distribution and consumption in the state. 
  3.6      (e) For the purposes of paragraph (c), clauses (3) and (4), 
  3.7   the use of waste materials and byproducts for generating 
  3.8   electric power must be limited to those waste materials and 
  3.9   byproducts that are necessarily generated or produced by 
  3.10  efficient processes and systems.  Preventing and minimizing 
  3.11  waste and byproducts are preferred in every situation to relying 
  3.12  on the continued generation or production of waste materials and 
  3.13  byproducts. 
  3.14     (f) For the purposes of this section, "preferred" or 
  3.15  "renewable" energy sources are those described in paragraph (c), 
  3.16  clauses (1) to (3), and "subordinate" or "traditional" energy 
  3.17  sources are those described in paragraph (c), clauses (4) and 
  3.18  (5). 
  3.19     (g) For the purposes of this section: 
  3.20     (1) "biomass" means herbaceous crops, trees, agricultural 
  3.21  waste, and aquatic plant matter, excluding mixed municipal solid 
  3.22  waste, as defined in section 115A.03, used to generate 
  3.23  electricity; and 
  3.24     (2) "low-head hydropower" means a hydropower facility that 
  3.25  has a head of less than 66 feet.