SF 1492

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to energy; expanding definition of qualified
on-farm biogas recovery facility; amending Minnesota
Statutes 2004, section 216C.41, subdivision 1.

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

Section 1.

Minnesota Statutes 2004, section 216C.41,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) The definitions in this
subdivision apply to this section.

(b) "Qualified hydroelectric facility" means a
hydroelectric generating facility in this state that:

(1) is located at the site of a dam, if the dam was in
existence as of March 31, 1994; and

(2) begins generating electricity after July 1, 1994, or
generates electricity after substantial refurbishing of a
facility that begins after July 1, 2001.

(c) "Qualified wind energy conversion facility" means a
wind energy conversion system in this state that:

(1) produces two megawatts or less of electricity as
measured by nameplate rating and begins generating electricity
after December 31, 1996, and before July 1, 1999;

(2) begins generating electricity after June 30, 1999,
produces two megawatts or less of electricity as measured by
nameplate rating, and is:

(i) owned by a resident of Minnesota or an entity that is
organized under the laws of this state, is not prohibited from
owning agricultural land under section 500.24, and owns the land
where the facility is sited;

(ii) owned by a Minnesota small business as defined in
section 645.445;

(iii) owned by a Minnesota nonprofit organization;

(iv) owned by a tribal council if the facility is located
within the boundaries of the reservation;

(v) owned by a Minnesota municipal utility or a Minnesota
cooperative electric association; or

(vi) owned by a Minnesota political subdivision or local
government, including, but not limited to, a county, statutory
or home rule charter city, town, school district, or any other
local or regional governmental organization such as a board,
commission, or association; or

(3) begins generating electricity after June 30, 1999,
produces seven megawatts or less of electricity as measured by
nameplate rating, and:

(i) is owned by a cooperative organized under chapter 308A
other than a Minnesota cooperative electric association; and

(ii) all shares and membership in the cooperative are held
by an entity that is not prohibited from owning agricultural
land under section 500.24.

(d) "Qualified on-farm biogas recovery facility" means an
anaerobic digester system that:

(1) is located at the site of an agricultural
operation; new text begin and
new text end

(2) is owned by an entity that is not prohibited from
owning agricultural land under section 500.24 and that owns or
rents the land where the facility is located deleted text begin ; and
deleted text end

deleted text begin (3) begins generating electricity after July 1, 2001 deleted text end .

(e) "Anaerobic digester system" means a system of
components that processes animal waste based on the absence of
oxygen and produces gas used to generate electricity.