HF 2875

1st Engrossment - 92nd Legislature (2021 - 2022) Posted on 02/14/2022 03:38pm

A bill for an act
relating to energy; modifying the Prairie Island Net Zero project; establishing a
grant; appropriating money; amending Laws 2020, chapter 118, section 3,
subdivision 3; Laws 2021, First Special Session chapter 4, article 2, section 3, by
adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Laws 2020, chapter 118, section 3, subdivision 3, is amended to read:

Subd. 3.

Bids.

The Prairie Island Indian Community must obtain bids to construct the
proposed project from no fewer than three separate contractors and must enter into one or
more contracts to complete the project and must submit the certified total cost to the
commissioner no later than January 1, deleted text begin 2022 deleted text end new text begin 2023 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from December 31, 2021.
new text end

Sec. 2.

Laws 2021, First Special Session chapter 4, article 2, section 3, is amended by
adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Prairie Island Net Zero Project. new text end

new text begin (a) Notwithstanding Minnesota Statutes,
section 116C.779, subdivision 1, paragraph (j), $15,200,000 in fiscal year 2022 and
$15,000,000 in fiscal year 2023 are appropriated from the renewable development account
under Minnesota Statutes, section 116C.779, subdivision 1, to the commissioner of commerce
for a grant to the Prairie Island Indian Community to implement the Prairie Island Net Zero
Project under Laws 2020, chapter 118, section 3. The base for this project in fiscal year
2024 is $0. Any unspent money remaining upon completion of the project cancel to the
renewable development account under Minnesota Statutes, section 116C.779, subdivision
1. The commissioner of commerce shall manage the grant, including the disbursement of
grant money to the Prairie Island Indian Community.
new text end

new text begin (b) The commissioner shall reserve a portion of the appropriation made under this section
to pay actual expenditures on the project that exceed the certified total cost. The amount
reserved shall be the lesser of:
new text end

new text begin (1) 20 percent of the certified total cost for the project; or
new text end

new text begin (2) the difference between the certified total cost and $46,200,000.
new text end

new text begin (c) Notwithstanding paragraph (a), if the certified total cost for the project is less than
$46,200,000, the commissioner shall withhold from the project appropriation in fiscal year
2023 an amount equal to the difference between $46,200,000 and the sum of the amount
of the certified total cost and the amount reserved by the commissioner under paragraph
(b), and shall cancel the withheld amount to the renewable development account.
new text end

new text begin (d) For the purposes of this subdivision, "certified total cost" means the total cost of all
contracts the Prairie Island Indian Community enters into with contractors to complete the
Prairie Island Net Zero Project under Laws 2020, chapter 118, section 3.
new text end