HF 1647

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to energy; limiting eligibility of owners of 
  1.3             wind energy conversion facilities to receive incentive 
  1.4             payments; amending Minnesota Statutes 2002, section 
  1.5             216C.41, subdivision 1, by adding a subdivision. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, section 216C.41, 
  1.8   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 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) located within one county and owned by a natural person 
  2.2   who owns the land where the facility is sited; 
  2.3      (ii) owned by a Minnesota small business as defined in 
  2.4   section 645.445; 
  2.5      (iii) owned by a nonprofit organization; or 
  2.6      (iv) owned by a tribal council if the facility is located 
  2.7   within the boundaries of the reservation; or 
  2.8      (3) begins generating electricity after June 30, 1999, 
  2.9   produces seven megawatts or less of electricity as measured by 
  2.10  nameplate rating, and: 
  2.11     (i) is owned by a cooperative organized under chapter 308A; 
  2.12  and 
  2.13     (ii) all shares and membership in the cooperative are held 
  2.14  by natural persons or estates, at least 51 percent of whom 
  2.15  reside in a county or contiguous to a county where the wind 
  2.16  energy production facilities of the cooperative are located. 
  2.17  For purposes of receiving incentive payments under this section, 
  2.18  a qualified wind energy conversion facility does not include a 
  2.19  wind energy conversion system that is owned or principally 
  2.20  controlled by an owner or principal beneficiary described in 
  2.21  subdivision 7.  
  2.22     (d) "Qualified on-farm biogas recovery facility" means an 
  2.23  anaerobic digester system that: 
  2.24     (1) is located at the site of an agricultural operation; 
  2.25     (2) is owned by a natural person who owns or rents the land 
  2.26  where the facility is located; and 
  2.27     (3) begins generating electricity after July 1, 2001.  
  2.28     (e) "Anaerobic digester system" means a system of 
  2.29  components that processes animal waste based on the absence of 
  2.30  oxygen and produces gas used to generate electricity. 
  2.31     Sec. 2.  Minnesota Statutes 2002, section 216C.41, is 
  2.32  amended by adding a subdivision to read: 
  2.33     Subd. 7.  [WECS OWNERSHIP; INCENTIVE ELIGIBILITY 
  2.34  LIMITATION.] A person, whether a corporate or individual person, 
  2.35  who is an owner or principal beneficiary of a wind energy 
  2.36  conversion facility is not qualified to receive the incentive if 
  3.1   the person (1) is an immediate family member, parent, 
  3.2   subsidiary, affiliate, or other closely related person and (2) 
  3.3   owns or is the principal beneficiary of wind energy conversion 
  3.4   facilities that represent a combined total of more than six 
  3.5   megawatts.