Subdivision 1.

Definitions.

(a) Unless otherwise specified in law, "eligible energy
technology" means an energy technology that generates electricity from the following
renewable energy sources:

(1) solar;

(2) wind;

(3) hydroelectric with a capacity of less than 100 megawatts;

(4) hydrogendeleted text begin, provided that after January 1, 2010, the hydrogen must bedeleted text end generated from
the resources listed in this paragraph; or

(5) biomass, which includes, without limitation, landfill gas; an anaerobic digester
system; the predominantly organic components of wastewater effluent, sludge, or related
by-products from publicly owned treatment works, but not including incineration of
wastewater sludge to produce electricity; and an energy recovery facility used to capture
the heat value of mixed municipal solid waste or refuse-derived fuel from mixed municipal
solid waste as a primary fuel.

(b) "Electric utility" means a public utility providing electric service, a generation and
transmission cooperative electric association, a municipal power agency, or a power district.

(c) "Total retail electric sales" means the kilowatt-hours of electricity sold in a year by
an electric utility to retail customers of the electric utility or to a distribution utility for
distribution to the retail customers of the distribution utility. "Total retail electric sales"
does not include the sale of hydroelectricity supplied by a federal power marketing
administration or other federal agency, regardless of whether the sales are directly to a
distribution utility or are made to a generation and transmission utility and pooled for further
allocation to a distribution utility.

new text begin (d) "Carbon-free" means a technology that generates electricity without emitting carbon
dioxide.
new text end

new text begin (e) "Area of concern for environmental justice" means an area in Minnesota that, based
on the most recent data published by the United States Census Bureau, meets one or more
of the following conditions:
new text end

new text begin (1) 50 percent or more of the population is nonwhite;
new text end

new text begin (2) 40 percent or more of the households have an income at or below 185 percent of the
federal poverty level; or
new text end

new text begin (3) is within Indian country, as defined in United State Code, title 18, section 1151.
new text end

Subd. 2a.

Eligible energy technology standard.

deleted text begin(a) Except as provided in paragraph
(b),deleted text end Each electric utility shall generate or procure sufficient electricity generated by an
eligible energy technology to provide its retail customers in Minnesota, or the retail customers
of a distribution utility to which the electric utility provides wholesale electric service, so
that at least the following standard percentages of the electric utility's total retail electric
sales to retail customers in Minnesota are generated by eligible energy technologies by the
end of the year indicated:

(1)	2012	12 percent
(2)	2016	17 percent
(3)	2020	20 percent
(4)	2025	deleted text begin25deleted text endnew text begin 40new text end percentdeleted text begin. deleted text end
new text begin (5) new text end	new text begin 2035 new text end	new text begin 55 percent. new text end

deleted text begin (b) An electric utility that owned a nuclear generating facility as of January 1, 2007,
must meet the requirements of this paragraph rather than paragraph (a). An electric utility
subject to this paragraph must generate or procure sufficient electricity generated by an
eligible energy technology to provide its retail customers in Minnesota or the retail customer
of a distribution utility to which the electric utility provides wholesale electric service so
that at least the following percentages of the electric utility's total retail electric sales to
retail customers in Minnesota are generated by eligible energy technologies by the end of
the year indicated:
deleted text end

deleted text begin (1) deleted text end	deleted text begin 2010 deleted text end	deleted text begin 15 percent deleted text end
deleted text begin (2) deleted text end	deleted text begin 2012 deleted text end	deleted text begin 18 percent deleted text end
deleted text begin (3) deleted text end	deleted text begin 2016 deleted text end	deleted text begin 25 percent deleted text end
deleted text begin (4) deleted text end	deleted text begin 2020 deleted text end	deleted text begin 30 percent. deleted text end

deleted text begin Of the 30 percent in 2020, at least 25 percent must be generated by solar energy or wind
energy conversion systems and the remaining five percent by other eligible energy
technology. Of the 25 percent that must be generated by wind or solar, no more than one
percent may be solar generated and the remaining 24 percent or greater must be wind
generated.
deleted text end

Subd. 2b.

Modification or delay of standard.

(a) The commission shall modify or delay
the implementation of a standard obligationnew text begin under subdivision 2a, 2f, or 2gnew text end, in whole or in
part, if the commission determines it is in the public interest to do so. The commission,
when requested to modify or delay implementation of a standard, must consider:

(1) the impact of implementing the standard on its customers' utility costs, including the
economic and competitive pressure on the utility's customers;

new text begin (2) the environmental costs that would be incurred as a result of a delay or modification,
based on the full range of environmental cost values established in section 216B.2422,
subdivision 3;
new text end

deleted text begin (2)deleted text endnew text begin (3)new text end the effects of implementing the standard on the reliability of the electric system;

deleted text begin (3)deleted text endnew text begin (4)new text end technical advances or technical concerns;

deleted text begin (4)deleted text endnew text begin (5)new text end delays in acquiring sites or routes due to rejection or delays of necessary siting
or other permitting approvals;

deleted text begin (5)deleted text endnew text begin (6)new text end delays, cancellations, or nondelivery of necessary equipment for construction or
commercial operation of an eligible energy technology facility;

deleted text begin (6)deleted text endnew text begin (7)new text end transmission constraints preventing delivery of service; deleted text beginand
deleted text end

deleted text begin (7)deleted text endnew text begin (8)new text end other statutory obligations imposed on the commission or a utilitynew text begin; and
new text end

new text begin (9) impacts on areas of concern for environmental justicenew text end.

The commission may modify or delay implementation of a standard obligation under
clauses (1) to deleted text begin(3)deleted text endnew text begin (4)new text end only if it finds implementation would cause significant rate impact,
requires significant measures to address reliability, or raises significant technical issues.
The commission may modify or delay implementation