as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
A bill for an act
relating to energy; extending eligibility period for certain renewable energy
production incentives; amending Laws 2005, chapter 40, section 2, subdivision 4.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Laws 2005, chapter 40, section 2, subdivision 4, is amended to read:
An applicant who filed an application
prior to deleted text beginJanuarydeleted text endnew text beginnew text end 1, 2005, but who has not received a letter of approval may qualify
to receive the incentive by making the submissions described in subdivision 3, clauses
(1) and (2), to the commissioner by deleted text beginDecemberdeleted text endnew text beginnew text end 31, deleted text begin2005deleted text endnew text beginnew text end. If the commissioner
determines that an applicant has complied with subdivision 3, clauses (1) and (2), the
commissioner shall, within 30 days of receiving the submission, notify the applicant
that the project qualifies to receive the incentive and shall provide the applicant with a
letter of approval.
An applicant receiving a letter of approval dated January 1, 2005, or later, must first
offer for sale to the public utility the electricity generated by the project and associated
renewable energy credits. The parties shall negotiate a price within 120 days. The public
utility shall provide its last best price offer to the applicant in writing, which is binding
for no less than 120 days. The applicant may negotiate with any other utility and may
accept a price higher than the binding price offered by the public utility. If another utility
offers a price equal to or lower than the binding price offered by the public utility, the
applicant must contract with the public utility at the binding price. For the purpose of this
subdivision, "public utility" means any utility operating a nuclear power plant in this state.
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