SF 5033

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/19/2024 09:09am

A bill for an act
relating to energy; exempting cooperative electric associations from clean and
renewable energy standards; amending Minnesota Statutes 2022, section
216B.1691, by adding a subdivision; Minnesota Statutes 2023 Supplement, section
216B.1691, subdivision 1.

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

Section 1.

Minnesota Statutes 2023 Supplement, section 216B.1691, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms have
the meaning given them.

(b) "Carbon-free" means a technology that generates electricity without emitting carbon
dioxide.

(c) Unless otherwise specified in law, "eligible energy technology" means an energy
technology that generates electricity from the following renewable energy sources:

(1) solar;

(2) wind;

(3) hydroelectric with a capacity of: (i) less than 100 megawatts; or (ii) 100 megawatts
or more, provided that the facility is in operation as of February 8, 2023;

(4) hydrogen generated from the resources listed in this paragraph; or

(5) biomass, which includes, without limitation, landfill gas; an anaerobic digester
system; the predominantly organic components of wastewater effluent, sludge, or related
by-products from publicly owned treatment works, but not including incineration of
wastewater sludge to produce electricity; and, except as provided in subdivision 1a, an
energy recovery facility used to capture the heat value of mixed municipal solid waste or
refuse-derived fuel from mixed municipal solid waste as a primary fuel.

(d) "Electric utility" means: (1) a public utility providing electric service; (2) deleted text begin a generation
and transmission cooperative electric association; (3) deleted text end a municipal power agency; deleted text begin (4) deleted text end new text begin (3) new text end a
power district; or deleted text begin (5) deleted text end new text begin (4) new text end a cooperative electric association or municipal utility providing
electric service that is not a member of an entity in clauses (2) deleted text begin to (4) deleted text end new text begin or (3) new text end .

(e) "Environmental justice area" means an area in Minnesota that, based on the most
recent data published by the United States Census Bureau, meets one or more of the following
criteria:

(1) 40 percent or more of the area's total population is nonwhite;

(2) 35 percent or more of households in the area have an income that is at or below 200
percent of the federal poverty level;

(3) 40 percent or more of the area's residents over the age of five have limited English
proficiency; or

(4) the area is located within Indian country, as defined in United State Code, title 18,
section 1151.

(f) "Total retail electric sales" means the kilowatt-hours of electricity sold in a year by
an electric utility to retail customers of the electric utility or to a distribution utility for
distribution to the retail customers of the distribution utility.

Sec. 2.

Minnesota Statutes 2022, section 216B.1691, is amended by adding a subdivision
to read:

new text begin Subd. 11. new text end

new text begin Cooperative electric association exemption. new text end

new text begin To the extent authorized by
federal law, a cooperative electric association is exempt from the following standards:
new text end

new text begin (1) the eligible energy standard under subdivision 2a;
new text end

new text begin (2) the solar energy standard under subdivision 2f;
new text end

new text begin (3) the carbon-free standard under subdivision 2g; and
new text end

new text begin (4) the distributed solar energy standard under subdivision 2h.
new text end