SF 817

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to energy; extending eligibility to receive
the renewable energy production incentive under
certain circumstances; amending Minnesota Statutes
2004, section 216C.41, subdivision 7.

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

Section 1.

Minnesota Statutes 2004, section 216C.41,
subdivision 7, is amended to read:

Subd. 7.

Eligibility process.

(a) A qualifying project
is eligible for the incentive on the date the commissioner
receives:

(1) an application for payment of the incentive;

(2) one of the following:

(i) a copy of a signed power purchase agreement;

(ii) a copy of a binding agreement other than a power
purchase agreement to sell electricity generated by the project
to a third person; or

(iii) if the project developer or owner will sell
electricity to its own members or customers, a copy of the
purchase order for equipment to construct the project with a
delivery date and a copy of a signed receipt for a nonrefundable
deposit; and

(3) any other information the commissioner deems necessary
to determine whether the proposed project qualifies for the
incentive under this section.

(b) The commissioner shall determine whether a project
qualifies for the incentive and respond in writing to the
applicant approving or denying the application within 15 working
days of receipt of the information required in paragraph (a). A
project that is not operational within 18 months of receipt of a
letter of approval is no longer approved for the incentive new text begin ,
except as provided in paragraphs (c) to (e) new text end . The commissioner
shall notify an applicant of potential loss of approval not less
than 60 days prior to the end of the 18-month period.
Eligibility for a project that loses approval may be
reestablished as of the date the commissioner receives a new
completed application.

new text begin (c) Applicants who received a letter of approval dated
December 31, 2003, or earlier may seek to extend the 18-month
eligibility period by submitting to the commissioner the
following:
new text end

new text begin (1) evidence that all necessary interconnection studies
have been completed and that the results indicate that
interconnection of the project is feasible; and
new text end

new text begin (2) a valid signed wind turbine supply agreement indicating
that delivery will take place no later than December 15, 2005.
new text end

new text begin (d) If the commissioner determines that the applicant has
complied with paragraph (c), the commissioner shall notify the
applicant that the 18-month eligibility period is extended until
December 31, 2005.
new text end

new text begin (e) If the commissioner determines that the applicant has
failed to comply with paragraph (c), the commissioner shall
notify the applicant that an extension of the 18-month
eligibility period is denied.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment.
new text end