1.1                          A bill for an act
  1.2             relating to energy; imposing a penalty on a public 
  1.3             utility subject to a biomass mandate for 
  1.4             nonoperational biomass projects; amending Minnesota 
  1.5             Statutes 2002, section 216B.2424, by adding a 
  1.6             subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 216B.2424, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 9.  [PENALTY.] The public utility subject to the 
  1.11  biomass mandate shall pay into the general fund a penalty of 
  1.12  $100,000 for each year a biomass project under contract to 
  1.13  satisfy the biomass mandate under this section is not 
  1.14  operational after December 31, 2003.  The penalty is due and 
  1.15  payable for a year in which a biomass project under contract is 
  1.16  not in operation for any portion of that year.  The commission 
  1.17  shall not allow any portion of any penalty imposed under this 
  1.18  section to be recoverable from ratepayers of the public utility.