1.1                          A bill for an act 
  1.2             relating to energy; providing that renewable energy 
  1.3             sources include mixed municipal waste; amending 
  1.4             Minnesota Statutes 2002, sections 216B.1691, 
  1.5             subdivision 1; 216B.2422, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 216B.1691, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) "Eligible energy 
  1.10  technology" means an energy technology that: 
  1.11     (1) generates electricity from the following renewable 
  1.12  energy sources:  solar, wind, hydroelectric with a capacity of 
  1.13  less than 60 megawatts, or biomass;, or an energy recovery 
  1.14  facility used to capture the heat value of solid waste or 
  1.15  refuse-derived fuel; and 
  1.16     (2) was not mandated by state law or commission order 
  1.17  enacted or issued prior to August 1, 2001. 
  1.18     (b) "Electric utility" means a public utility providing 
  1.19  electric service, a generation and transmission cooperative 
  1.20  electric association, or a municipal power agency. 
  1.21     (c) For a generation facility that utilizes an eligible 
  1.22  energy technology based on the combustion of fuel, electricity 
  1.23  produced by the facility may only count toward an electric 
  1.24  utility's renewable energy objectives under subdivision 2 if the 
  1.25  facility: 
  2.1      (1) was constructed in compliance with new source 
  2.2   performance standards promulgated under the federal Clean Air 
  2.3   Act, United States Code, title 42, chapter 85, for a generation 
  2.4   facility of that type; or 
  2.5      (2) employs the maximum achievable or best available 
  2.6   control technology available for a generation facility of that 
  2.7   type, identified by the federal Environmental Protection Agency 
  2.8   pursuant to the Clean Air Act.  
  2.9      (d) A renewable energy source listed in paragraph (a) may 
  2.10  be blended or co-fired with other fuels in a generation 
  2.11  facility, but only the percentage of electricity that is 
  2.12  attributable to the renewable energy source can be counted 
  2.13  toward an electric utility's renewable energy objectives under 
  2.14  subdivision 2.  This percentage shall be calculated as the 
  2.15  thermal content of the renewable energy source as a percentage 
  2.16  of the overall thermal content of the blended fuel used to 
  2.17  generate electricity. 
  2.18     Sec. 2.  Minnesota Statutes 2002, section 216B.2422, 
  2.19  subdivision 1, is amended to read: 
  2.20     Subdivision 1.  [DEFINITIONS.] (a) For purposes of this 
  2.21  section, the terms defined in this subdivision have the meanings 
  2.22  given them. 
  2.23     (b) "Utility" means an entity with the capability of 
  2.24  generating 100,000 kilowatts or more of electric power and 
  2.25  serving, either directly or indirectly, the needs of 10,000 
  2.26  retail customers in Minnesota.  Utility does not include federal 
  2.27  power agencies. 
  2.28     (c) "Renewable energy" means electricity generated through 
  2.29  use of any of the following resources: 
  2.30     (1) wind; 
  2.31     (2) solar; 
  2.32     (3) geothermal; 
  2.33     (4) hydro; 
  2.34     (5) trees or other vegetation; or 
  2.35     (6) landfill gas; or 
  2.36     (7) an energy recovery facility used to capture the heat 
  3.1   value of solid waste or refuse-derived fuel. 
  3.2      (d) "Resource plan" means a set of resource options that a 
  3.3   utility could use to meet the service needs of its customers 
  3.4   over a forecast period, including an explanation of the supply 
  3.5   and demand circumstances under which, and the extent to which, 
  3.6   each resource option would be used to meet those service needs.  
  3.7   These resource options include using, refurbishing, and 
  3.8   constructing utility plant and equipment, buying power generated 
  3.9   by other entities, controlling customer loads, and implementing 
  3.10  customer energy conservation. 
  3.11     (e) "Refurbish" means to rebuild or substantially modify an 
  3.12  existing electricity generating resource of 30 megawatts or 
  3.13  greater.