1.1 	A bill for an act
1.2 	relating to energy; clarifying that a certain facility does not violate the exclusive 
1.3 	service territory law.
1.4 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.5 	Section 1. ETHANOL PLANT; RENEWABLE GENERATION FACILITY 
1.6 	CLARIFICATION.
 1.7 	The owner and operator of an up-to-15-megawatt, biomass-fueled, electric 
1.8 	generation facility located in Scott County is not an electric utility for the purpose of 
1.9 	Minnesota Statutes, section 216B.40, if the biomass facility is located adjacent to an 
1.10 	agricultural product processing plant that uses the heat from the biomass facility in its 
1.11 	production process and if the electricity produced by the biomass facility is used primarily 
1.12 	for the operations of the owners of the biomass facility. The providing of electric service 
1.13 	by the biomass facility primarily to the owners of the facility is not subject to Minnesota 
1.14 	Statutes, section 216B.40, and does not require the consent of the electric utility in whose 
1.15 	service area the agricultural product processing plant is located.