1.1                          A bill for an act 
  1.2             relating to energy; expanding definition of qualified 
  1.3             on-farm biogas recovery facility; amending Minnesota 
  1.4             Statutes 2003 Supplement, section 216C.41, subdivision 
  1.5             1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.8   216C.41, subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.10  subdivision apply to this section. 
  1.11     (b) "Qualified hydroelectric facility" means a 
  1.12  hydroelectric generating facility in this state that: 
  1.13     (1) is located at the site of a dam, if the dam was in 
  1.14  existence as of March 31, 1994; and 
  1.15     (2) begins generating electricity after July 1, 1994, or 
  1.16  generates electricity after substantial refurbishing of a 
  1.17  facility that begins after July 1, 2001. 
  1.18     (c) "Qualified wind energy conversion facility" means a 
  1.19  wind energy conversion system in this state that: 
  1.20     (1) produces two megawatts or less of electricity as 
  1.21  measured by nameplate rating and begins generating electricity 
  1.22  after December 31, 1996, and before July 1, 1999; 
  1.23     (2) begins generating electricity after June 30, 1999, 
  1.24  produces two megawatts or less of electricity as measured by 
  1.25  nameplate rating, and is: 
  2.1      (i) owned by an entity that is not prohibited from owning 
  2.2   agricultural land under section 500.24 and that owns the land 
  2.3   where the facility is sited; 
  2.4      (ii) owned by a Minnesota small business as defined in 
  2.5   section 645.445; 
  2.6      (iii) owned by a Minnesota nonprofit organization; 
  2.7      (iv) owned by a tribal council if the facility is located 
  2.8   within the boundaries of the reservation; 
  2.9      (v) owned by a Minnesota municipal utility or a Minnesota 
  2.10  cooperative electric association; or 
  2.11     (vi) owned by a Minnesota political subdivision or local 
  2.12  government, including, but not limited to, a county, statutory 
  2.13  or home rule charter city, town, school district, or any other 
  2.14  local or regional governmental organization such as a board, 
  2.15  commission, or association; or 
  2.16     (3) begins generating electricity after June 30, 1999, 
  2.17  produces seven megawatts or less of electricity as measured by 
  2.18  nameplate rating, and: 
  2.19     (i) is owned by a cooperative organized under chapter 308A 
  2.20  other than a Minnesota cooperative electric association; and 
  2.21     (ii) all shares and membership in the cooperative are held 
  2.22  by an entity that is not prohibited from owning agricultural 
  2.23  land under section 500.24. 
  2.24     (d) "Qualified on-farm biogas recovery facility" means an 
  2.25  anaerobic digester system that: 
  2.26     (1) is located at the site of an agricultural 
  2.27  operation; and 
  2.28     (2) is owned by an entity that is not prohibited from 
  2.29  owning agricultural land under section 500.24 and that owns or 
  2.30  rents the land where the facility is located; and 
  2.31     (3) begins generating electricity after July 1, 2001.  
  2.32     (e) "Anaerobic digester system" means a system of 
  2.33  components that processes animal waste based on the absence of 
  2.34  oxygen and produces gas used to generate electricity.