1.1                          A bill for an act 
  1.2             relating to renewable energy; expanding the definition 
  1.3             of a qualified on-farm biogas recovery facility for 
  1.4             certain purposes; amending Minnesota Statutes 2002, 
  1.5             section 216C.41, subdivision 1.  
  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     (d) "Qualified on-farm biogas recovery facility" means an 
  2.18  anaerobic digester system that: 
  2.19     (1) is located at the site of an agricultural operation; 
  2.20     (2) is owned by ~~a natural person who~~ an entity that is not 
  2.21  prohibited from owning agricultural land under section 500.24 
  2.22  that owns or rents the land where the facility is located; and 
  2.23     (3) begins generating electricity after July 1, 2001.  
  2.24     (e) "Anaerobic digester system" means a system of 
  2.25  components that processes animal waste based on the absence of 
  2.26  oxygen and produces gas used to generate electricity. 
  2.27     Sec. 2.  [EFFECTIVE DATE.] 
  2.28     Section 1 is effective the day following final enactment.