In 2023, Minnesota passed landmark legislation that commits its energy system to running on “carbon free” electricity by the year 2040. The legislation contains compromises and “off ramps” for small utilities should they have a hard time complying, but the essential definition of “carbon free” is very clear: “‘Carbon-free’ means a technology that generates electricity without emitting carbon dioxide.”
This law is administered by the Public Utilities Commission (PUC), which oversees how electric utilities maintain reliability and keep utility rates reasonable, while implementing our renewable energy and clean energy mandates. The PUC’s responsibility is to uphold the law independently, without political interference from state agencies.
After the 100% Law was passed, the PUC took public comment on how it should be applied. “The Minnesota Pollution Control Agency (MPCA) and Minnesota Department of Commerce (DOC) responded and recommended that ‘carbon free’ should include burning trash and burning woody biomass. This is in direct violation of the law since both emit carbon dioxide.“
The MPCA and DOC should not be doing the dirty work of the garbage and biomass burning industries. Biomass products include toxic railroad ties, discarded wood products tainted with PFAS and toxic metals, and entire trees that could be growing and actually sequestering carbon.

