1.1                          A bill for an act 
  1.2             relating to energy; regulating a mandate to generate 
  1.3             electricity using biomass as a fuel; modifying 
  1.4             matching requirements for appropriations; amending 
  1.5             Minnesota Statutes 1995 Supplement, section 216B.2424; 
  1.6             and Laws 1995, chapter 220, section 14. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.9   216B.2424, is amended to read: 
  1.10     216B.2424 [BIOMASS POWER MANDATE.] 
  1.11     Subdivision 1.  [FARM GROWN CLOSED-LOOP BIOMASS.] For the 
  1.12  purposes of this section, "farm grown closed-loop biomass" means 
  1.13  biomass, as defined in section 216C.051, subdivision 7, that: 
  1.14     (1) is intentionally cultivated, harvested, and prepared 
  1.15  for use, in whole or in part, as a fuel for the generation of 
  1.16  electricity; 
  1.17     (2) when combusted, releases an amount of carbon dioxide 
  1.18  that is less than or approximately equal to the carbon dioxide 
  1.19  absorbed by the biomass fuel during its growing cycle; and 
  1.20     (3) is fired in a new or substantially retrofitted electric 
  1.21  generating facility that is: 
  1.22     (i) located within 400 miles of the site of the biomass 
  1.23  production; and 
  1.24     (ii) designed to use biomass to meet at least 75 percent of 
  1.25  its fuel requirements. 
  1.26     The legislature finds that the negative environmental 
  2.1   impacts within 400 miles of the facility resulting from 
  2.2   transporting and combusting the biomass are offset in that 
  2.3   region by the environmental benefits to air, soil, and water of 
  2.4   the biomass production. 
  2.5      Among the biomass fuel sources that meet the requirements 
  2.6   of clause (2) are poplar, aspen, willow, switch grass, sorghum, 
  2.7   alfalfa, and cultivated prairie grass. 
  2.8      Subd. 2.  [INTERIM EXEMPTION.] (a) A biomass project 
  2.9   proposing to use, as its primary fuel over the life of the 
  2.10  project, short rotation woody crops, may use as an interim fuel 
  2.11  agricultural waste and other biomass which is not farm grown 
  2.12  closed-loop biomass for up to six years after the project's 
  2.13  electric generating facility becomes operational; provided, the 
  2.14  project developer demonstrates the project will use the 
  2.15  designated short rotation woody crops as its primary fuel after 
  2.16  the interim period and provided the location of the interim fuel 
  2.17  production meets the requirements of subdivision 1, clause (3). 
  2.18     (b) A biomass project proposing to use, as its primary fuel 
  2.19  over the life of the project, short rotation woody crops, may 
  2.20  use as an interim fuel agricultural waste and other biomass 
  2.21  which is not farm grown closed-loop biomass for up to three 
  2.22  years after the project's electric generating facility becomes 
  2.23  operational; provided, the project developer demonstrates the 
  2.24  project will use the designated short rotation woody crops as 
  2.25  its primary fuel after the interim period. 
  2.26     (c) A biomass project that uses an interim fuel under the 
  2.27  terms of paragraph (b) may, in addition, use an interim fuel 
  2.28  under the terms of paragraph (a) for six years less the number 
  2.29  of years that an interim fuel was used under paragraph (b). 
  2.30     (d) A project developer proposing to use an exempt interim 
  2.31  fuel under paragraphs (a) and (b) must demonstrate to the public 
  2.32  utility that the project will have an adequate supply of short 
  2.33  rotation woody crops which meet the requirements of subdivision 
  2.34  1 to fuel the project after the interim period. 
  2.35     Subd. 3.  [FUEL EXEMPTION.] Over the duration of the 
  2.36  contract of a biomass power facility selected to satisfy the 
  3.1   mandate in subdivision 5, fuel sources that are not biomass may 
  3.2   be used to satisfy up to 25 percent of the fuel requirements of 
  3.3   a biomass power facility selected to satisfy the biomass power 
  3.4   mandate in subdivision 5. 
  3.5      Subd. 4.  [FINANCIAL VIABILITY.] A biomass project 
  3.6   developer must demonstrate to the public utility evidence of 
  3.7   sufficient financial viability necessary for the construction 
  3.8   and operation of the biomass project. 
  3.9      Subd. 5.  [MANDATE.] A public utility, as defined in 
  3.10  section 216B.02, subdivision 4, that operates a nuclear-powered 
  3.11  electric generating plant within this state must construct and 
  3.12  operate, purchase, or contract to construct and operate (1) by 
  3.13  December 31, 1998, 50 megawatts of electric energy installed 
  3.14  capacity generated by farm grown closed-loop biomass scheduled 
  3.15  to be operational by December 31, 2001; and (2) by December 31, 
  3.16  1998, an additional 75 megawatts of installed capacity so 
  3.17  generated scheduled to be operational by December 31, 2002.  Of 
  3.18  the total 125 megawatts of biomass electric energy installed 
  3.19  capacity required under this section, no more than 75 megawatts 
  3.20  may be provided by a single project.  Of the 75 megawatts of 
  3.21  biomass electric energy installed capacity required under clause 
  3.22  (2), no more than 25 megawatts of this capacity may be provided 
  3.23  by a St. Paul district heating and cooling system cogeneration 
  3.24  facility utilizing waste wood as a primary fuel source.  The St. 
  3.25  Paul district heating and cooling system cogeneration facility 
  3.26  need not use biomass that complies with the definition in 
  3.27  subdivision 1.  The public utility must accept and consider on 
  3.28  an equal basis with other proposals a proposal to satisfy the 
  3.29  requirements of this section that includes a project that 
  3.30  exceeds the megawatt capacity requirements of either clause (1) 
  3.31  or (2) and that proposes to sell the excess capacity to the 
  3.32  public utility or to other purchasers. 
  3.33     Sec. 2.  Laws 1995, chapter 220, section 14, is amended to 
  3.34  read: 
  3.35  Sec. 14.  AGRICULTURAL UTILIZATION
  3.36  RESEARCH INSTITUTE                     4,330,000      4,330,000
  4.1                 Summary by Fund
  4.2   General               4,130,000     4,130,000
  4.3   Special Revenue         200,000       200,000
  4.4   $200,000 each year is for a grant to 
  4.5   the natural resources research 
  4.6   institute for hybrid tree management 
  4.7   research and development of an 
  4.8   implementation plan for establishing 
  4.9   hybrid tree plantations in the state.  
  4.10  This appropriation is available to the 
  4.11  extent matched by $2 of nonstate ~~money~~ 
  4.12  contributions, either cash or in-kind, 
  4.13  for each $1 of state money. 
  4.14     Sec. 3.  [EFFECTIVE DATE.] 
  4.15     Sections 1 and 2 are effective the day following final 
  4.16  enactment.