1.1                          A bill for an act 
  1.2             relating to energy; including biogas recovery 
  1.3             facilities in the renewable energy production 
  1.4             incentive program; amending Minnesota Statutes 2000, 
  1.5             sections 216C.06, by adding a subdivision; 216C.41. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 216C.06, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 14.  [ANAEROBIC DIGESTER SYSTEM.] "Anaerobic digester 
  1.10  system" means a system of components that processes animal waste 
  1.11  based on the absence of oxygen and produces gas used to generate 
  1.12  electricity. 
  1.13     Sec. 2.  Minnesota Statutes 2000, section 216C.41, is 
  1.14  amended to read: 
  1.15     216C.41 [RENEWABLE ENERGY PRODUCTION INCENTIVE.] 
  1.16     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.17  subdivision apply to this section. 
  1.18     (b) "Qualified hydroelectric facility" means a 
  1.19  hydroelectric generating facility in this state that: 
  1.20     (1) is located at the site of a dam, if the dam was in 
  1.21  existence as of March 31, 1994; and 
  1.22     (2) begins generating electricity after July 1, 1994. 
  1.23     (c) "Qualified wind energy conversion facility" means a 
  1.24  wind energy conversion system that: 
  1.25     (1) produces two megawatts or less of electricity as 
  2.1   measured by nameplate rating and begins generating electricity 
  2.2   after June 30, 1997, and before July 1, 1999; 
  2.3      (2) begins generating electricity after June 30, 1999, 
  2.4   produces two megawatts or less of electricity as measured by 
  2.5   nameplate rating, and is: 
  2.6      (i) located within one county and owned by a natural person 
  2.7   who owns the land where the facility is sited; 
  2.8      (ii) owned by a Minnesota small business as defined in 
  2.9   section 645.445; 
  2.10     (iii) owned by a nonprofit organization; or 
  2.11     (iv) owned by a tribal council if the facility is located 
  2.12  within the boundaries of the reservation; or 
  2.13     (3) begins generating electricity after June 30, 1999, 
  2.14  produces seven megawatts or less of electricity as measured by 
  2.15  nameplate rating, and: 
  2.16     (i) is owned by a cooperative organized under chapter 308A; 
  2.17  and 
  2.18     (ii) all shares and membership in the cooperative are held 
  2.19  by natural persons or estates, at least 51 percent of whom 
  2.20  reside in a county or contiguous to a county where the wind 
  2.21  energy production facilities of the cooperative are located. 
  2.22     (d) "Qualified on-farm biogas recovery facility" means an 
  2.23  anaerobic digester system that: 
  2.24     (1) is located at the site of an agricultural operation; 
  2.25     (2) is owned by a natural person who owns or rents the land 
  2.26  where the facility is located; and 
  2.27     (3) begins generating electricity after July 1, 2001.  
  2.28     Subd. 2.  [INCENTIVE PAYMENT; APPROPRIATION.] (a) Incentive 
  2.29  payments ~~shall~~ must be made according to this section to (1) a 
  2.30  qualified on-farm biogas recovery facility, (2) the owner or 
  2.31  operator of a qualified hydropower facility or qualified wind 
  2.32  energy conversion facility for electric energy generated and 
  2.33  sold by the facility, or~~, for~~ (3) a publicly owned hydropower 
  2.34  facility~~,~~ for electric energy that is generated by the facility 
  2.35  and used by the owner of the facility outside the facility.  
  2.36     (b) Payment may only be made upon receipt by the 
  3.1   commissioner of finance of an incentive payment application that 
  3.2   establishes that the applicant is eligible to receive an 
  3.3   incentive payment and that satisfies other requirements the 
  3.4   commissioner deems necessary.  The application ~~shall~~ must be in 
  3.5   a form and submitted at a time the commissioner establishes.  
  3.6      (c) There is annually appropriated from the general fund 
  3.7   sums sufficient to make the payments required under this section.
  3.8      Subd. 3.  [ELIGIBILITY WINDOW.] Payments may be made under 
  3.9   this section only for electricity generated: 
  3.10     (1) from a qualified hydroelectric facility that is 
  3.11  operational and generating electricity before December 31, 2001; 
  3.12  ~~or~~ 
  3.13     (2) from a qualified wind energy conversion facility that 
  3.14  is operational and generating electricity before January 1, 
  3.15  2005; or 
  3.16     (3) from a qualified on-farm biogas recovery facility from 
  3.17  July 1, 2001, through December 31, 2015. 
  3.18     Subd. 4.  [PAYMENT PERIOD.] A facility may receive payments 
  3.19  under this section for a ten-year period.  No payment under this 
  3.20  section may be made for electricity generated: 
  3.21     (1) by a qualified hydroelectric facility after December 
  3.22  31, 2010; ~~or~~ 
  3.23     (2) by a qualified wind energy conversion facility after 
  3.24  December 31, 2015; or 
  3.25     (3) by a qualified on-farm biogas recovery facility after 
  3.26  December 31, 2015.  
  3.27     The payment period begins and runs consecutively from the 
  3.28  first year in which electricity generated from the facility is 
  3.29  eligible for incentive payment. 
  3.30     Subd. 5.  [AMOUNT OF PAYMENT.] An incentive payment is 
  3.31  based on the number of kilowatt hours of electricity generated. 
  3.32  The amount of the payment is 1.5 cents per kilowatt hour.  For 
  3.33  electricity generated by qualified wind energy conversion 
  3.34  facilities, the incentive payment under this section is limited 
  3.35  to no more than 100 megawatts of nameplate capacity.  During any 
  3.36  period in which qualifying claims for incentive payments exceed 
  4.1   100 megawatts of nameplate capacity, the payments must be made 
  4.2   to producers in the order in which the production capacity was 
  4.3   brought into production.  
  4.4      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2001.