1.1 	A bill for an act
1.2 	relating to energy; deleting the burning of mixed municipal solid waste and 
1.3 	refuse-derived fuel and production of landfill gas from list of technologies that 
1.4 	fulfill utility's requirement to generate portion of electricity from renewable 
1.5 	energy resources;amending Minnesota Statutes 2008, section 216B.1691, 
1.6 	subdivision 1.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2008, section 216B.1691, subdivision 1, is amended to 
1.9 	read:
1.10 		Subdivision 1.Definitions. (a) Unless otherwise specified in law, "eligible energy 
1.11 	technology" means an energy technology that generates electricity from the following 
1.12 	renewable energy sources: (1) solar; (2) wind; (3) hydroelectric with a capacity of less 
1.13 	than 100 megawatts; (4) hydrogen~~, provided that after January 1, 2010, the hydrogen~~ 
1.14 	~~must be~~ generated from the resources listed in this ~~clause~~ paragraph; or (5) biomass, 
1.15 	which includes~~, without limitation, landfill gas;~~ an anaerobic digester system~~;~~ and the 
1.16 	predominantly organic components of wastewater effluent, sludge, or related byproducts 
1.17 	from publicly owned treatment works, but does not ~~including~~ include incineration 
1.18 	of wastewater sludge to produce electricity~~; and an energy recovery facility used to~~ 
1.19 	~~capture the heat value of mixed municipal solid waste or refuse-derived fuel from mixed~~ 
1.20 	~~municipal solid waste as a primary fuel~~.
1.21 	(b) "Electric utility" means a public utility providing electric service, a generation 
1.22 	and transmission cooperative electric association, a municipal power agency, or a power 
1.23 	district.
2.1 	(c) "Total retail electric sales" means the kilowatt-hours of electricity sold in a year 
2.2 	by an electric utility to retail customers of the electric utility or to a distribution utility for 
2.3 	distribution to the retail customers of the distribution utility.

2.4 	EFFECTIVE DATE. This section is effective the day following final enactment.