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. 1.5BE 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 1.8technology" means an energy technology that generates electricity from the following 1.9renewable 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 1.14the resources listed in this paragraph; or 1.15 (5) biomass, which includes, without limitation, landfill gas; an anaerobic digester 1.16system; the predominantly organic components of wastewater effluent, sludge, or related 1.17by-products from publicly owned treatment works, but not including incineration of 1.18wastewater sludge to produce electricity; and an energy recovery facility used to capture 1.19the heat value of mixed municipal solid waste or refuse-derived fuel from mixed municipal 1.20solid waste as a primary fuel. 1.21 (b) "Electric utility" means a public utility providing electric service, a generation and 1.22transmission cooperative electric association, a municipal power agency, or a power district. 1Section 1. 23-01071 as introduced01/06/23 REVISOR RSI/BM SENATE STATE OF MINNESOTA S.F. No. 299NINETY-THIRD SESSION (SENATE AUTHORS: EICHORN, Koran and Mathews) OFFICIAL STATUSD-PGDATE Introduction and first reading01/17/2023 Referred to Energy, Utilities, Environment, and Climate 2.1 (c) "Total retail electric sales" means the kilowatt-hours of electricity sold in a year by 2.2an electric utility to retail customers of the electric utility or to a distribution utility for 2.3distribution to the retail customers of the distribution utility. "Total retail electric sales" 2.4does not include the sale of hydroelectricity supplied by a federal power marketing 2.5administration or other federal agency, regardless of whether the sales are directly to a 2.6distribution utility or are made to a generation and transmission utility and pooled for further 2.7allocation to a distribution utility. 2.8 EFFECTIVE DATE.This section is effective the day following final enactment. 2Section 1. 23-01071 as introduced01/06/23 REVISOR RSI/BM