1.1A bill for an act

1.2relating to energy; eliminating the size limitation on hydropower sources that
1.3may satisfy the renewable energy standard;amending Minnesota Statutes 2011
1.4Supplement, section 216B.1691, subdivision 1.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6    Section 1. Minnesota Statutes 2011 Supplement, section 216B.1691, subdivision 1,
1.7is amended to read:
1.8    Subdivision 1. Definitions. (a) Unless otherwise specified in law, "eligible energy
1.9technology" means an energy technology that generates electricity from the following
1.10renewable energy sources:
1.11(1) solar;
1.12(2) wind;
1.13(3) hydroelectric with a capacity of less than 100 megawatts;
1.14(4) hydrogen, provided that after January 1, 2010, the hydrogen must be generated
1.15from the resources listed in this paragraph; or
1.16(5) biomass, which includes, without limitation, landfill gas; an anaerobic digester
1.17system; the predominantly organic components of wastewater effluent, sludge, or related
1.18by-products from publicly owned treatment works, but not including incineration of
1.19wastewater sludge to produce electricity; and an energy recovery facility used to capture
1.20the heat value of mixed municipal solid waste or refuse-derived fuel from mixed municipal
1.21solid waste as a primary fuel.
1.22    (b) "Electric utility" means a public utility providing electric service, a generation
1.23and transmission cooperative electric association, a municipal power agency, or a power
1.24district.
2.1    (c) "Total retail electric sales" means the kilowatt-hours of electricity sold in a year
2.2by an electric utility to retail customers of the electric utility or to a distribution utility
2.3for distribution to the retail customers of the distribution utility. "Total retail electric
2.4sales" does not include the sale of hydroelectricity supplied by a federal power marketing
2.5administration or other federal agency, regardless of whether the sales are directly to a
2.6distribution utility or are made to a generation and transmission utility and pooled for
2.7further allocation to a distribution utility.