SF 3747

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to energy; authorizing school boards to form business entity solely
for wind energy project; providing exemption from production tax; amending
Minnesota Statutes 2006, sections 123B.02, subdivision 21; 272.029, subdivision
7.

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

Section 1.

Minnesota Statutes 2006, section 123B.02, subdivision 21, is amended to
read:

Subd. 21.

Wind energy conversion system.

The board new text begin , or more than one board
acting jointly under the authority granted by section 471.59, new text end may construct, acquire, own
in whole or in part, operate, and sell and retain and spend the payment received from
selling energy from a wind energy conversion system, as defined in section 216C.06,
subdivision 19. The board's share of the installed capacity of the wind energy conversion
systems authorized by this subdivision must not exceed 3.3 megawatts of nameplate
capacity. A board owning, operating, or selling energy from a wind energy conversion
system must integrate information about wind energy conversion systems in its educational
programming. new text begin The board, or more than one board acting jointly under the authority
granted by section 471.49, may be a limited partner in a partnership, a member of a limited
liability company, or a shareholder in a corporation, established for the sole purpose of
constructing, acquiring, owning in whole or in part, financing, or operating a wind energy
conversion system for the benefit of the district or districts in accordance with this section. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2006, section 272.029, subdivision 7, is amended to read:

Subd. 7.

Exemption.

new text begin (a) new text end The tax imposed under this section does not apply to
electricity produced by wind energy conversion systems located in a job opportunity
building zone, designated under section 469.314, for the duration of the zone. The
exemption applies beginning for the first calendar year after designation of the zone and
applies to each calendar year that begins during the designation of the zone.

new text begin (b) The tax imposed under this section does not apply to electricity produced by
wind energy conversion systems owned or jointly owned by a school board under section
123B.02, subdivision 21.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2009 and
thereafter.
new text end