1.1                          A bill for an act 
  1.2             relating to energy; providing an incentive for certain 
  1.3             small and medium-sized wind energy facilities; 
  1.4             appropriating money; amending Minnesota Statutes 1998, 
  1.5             section 216C.41, subdivisions 1 and 5. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, 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. 
  1.16     (c) "Qualified wind energy conversion facility" means a 
  1.17  wind energy conversion system that: 
  1.18     (1) produces two megawatts or less of electricity as 
  1.19  measured by nameplate rating and begins generating electricity 
  1.20  after June 30, 1997, and before July 1, 1999; or 
  1.21     (2) begins generating electricity after June 30, 1999, 
  1.22  produces two megawatts or less of electricity as measured by 
  1.23  nameplate rating, and is: 
  1.24     (i) located within one county and owned by a natural person 
  1.25  who owns the land where the facility is sited; 
  2.1      (ii) owned by a Minnesota small business as defined in 
  2.2   section 645.445; 
  2.3      (iii) owned by a nonprofit organization; or 
  2.4      (iv) owned by a tribal council if the facility is located 
  2.5   within the boundaries of the reservation; or 
  2.6      (3) produces more than two megawatts and less than or equal 
  2.7   to 12 megawatts as measured by nameplate rating and begins 
  2.8   generating electricity after June 30, 1999, and the electricity 
  2.9   produced is not used to satisfy the mandate under section 
  2.10  216B.2423, subdivision 1. 
  2.11     Sec. 2.  Minnesota Statutes 1998, section 216C.41, 
  2.12  subdivision 5, is amended to read: 
  2.13     Subd. 5.  [AMOUNT OF PAYMENT.] An incentive payment is 
  2.14  based on the number of kilowatt hours of electricity generated. 
  2.15  The amount of the payment is 1.5 cents per kilowatt hour.  For 
  2.16  electricity generated by a qualified wind energy conversion 
  2.17  facilities facility defined under subdivision 1, paragraph (c), 
  2.18  clause (1) or (2), the incentive payment under this section is 
  2.19  limited to no more than 100 megawatts of nameplate capacity.  
  2.20  During any period in which qualifying claims for incentive 
  2.21  payments exceed 100 megawatts of nameplate capacity, the 
  2.22  payments must be made to producers in the order in which the 
  2.23  production capacity was brought into production.  
  2.24     For electricity generated by a qualified wind energy 
  2.25  conversion facility defined under subdivision 1, paragraph (c), 
  2.26  clause (3), the incentive payment under this section is limited 
  2.27  to no more than 100 megawatts of nameplate capacity.  During any 
  2.28  period in which qualifying claims for incentive payments exceed 
  2.29  100 megawatts of nameplate capacity, the payments must be made 
  2.30  to producers in the order in which the production capacity was 
  2.31  brought into production.