1.1 	A bill for an act
1.2 	relating to energy; modifying the hydroelectric capacity that qualifies as an eligible 
1.3 	energy technology under the renewable energy standard;amending Minnesota 
1.4 	Statutes 2022, section 216B.1691, subdivision 1.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2022, section 216B.1691, subdivision 1, is amended to read:
1.7 		Subdivision 1.Definitions. (a) Unless otherwise specified in law, "eligible energy 
1.8 	technology" means an energy technology that generates electricity from the following 
1.9 	renewable energy sources:
1.10 	(1) solar;
1.11 	(2) wind;
1.12 	(3) hydroelectric with a capacity of less than 100 megawatts;
1.13 	(4) hydrogen, provided that after January 1, 2010, the hydrogen must be generated from 
1.14 	the resources listed in this paragraph; or
1.15 	(5) biomass, which includes, without limitation, landfill gas; an anaerobic digester 
1.16 	system; the predominantly organic components of wastewater effluent, sludge, or related 
1.17 	by-products from publicly owned treatment works, but not including incineration of 
1.18 	wastewater sludge to produce electricity; and an energy recovery facility used to capture 
1.19 	the heat value of mixed municipal solid waste or refuse-derived fuel from mixed municipal 
1.20 	solid waste as a primary fuel.
1.21 	(b) "Electric utility" means a public utility providing electric service, a generation and 
1.22 	transmission cooperative electric association, a municipal power agency, or a power district.
2.1 	(c) "Total retail electric sales" means the kilowatt-hours of electricity sold in a year by 
2.2 	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. "Total retail electric sales" 
2.4 	does not include the sale of hydroelectricity supplied by a federal power marketing 
2.5 	administration or other federal agency, regardless of whether the sales are directly to a 
2.6 	distribution utility or are made to a generation and transmission utility and pooled for further 
2.7 	allocation to a distribution utility.

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