SF 1778

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/17/2023 09:58am

A bill for an act
relating to energy; establishing a contingency fund to pay certain costs associated
with installation of a solar photovoltaic array; amending Minnesota Statutes 2022,
section 116C.779, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 116C.779, is amended by adding a subdivision
to read:

new text begin Subd. 4. new text end

new text begin Contingent liability. new text end

new text begin (a) Notwithstanding subdivision 1, paragraph (j), beginning
August 1, 2023, an amount from the renewable development account not to exceed
$3,000,000 must be withheld to serve as a contingency fund to facilitate the installation of
a solar photovoltaic array within the city of St. Paul on property identified as Area C.
new text end

new text begin (b) The commissioner may distribute money from the contingency fund established in
paragraph (a) to the owner of the solar array if:
new text end

new text begin (1) the solar photovoltaic array has started design or construction, or is constructed and
put in service, prior to a corrective action determination made by the Pollution Control
Agency;
new text end

new text begin (2) the corrective action determination approved by the Pollution Control Agency requires
the solar photovoltaic array to temporarily cease operations, or be partially or entirely
removed for a period of time, in order to complete the agency-required corrective action
work plan; and
new text end

new text begin (3) the photovoltaic solar array is otherwise operating as required and is fulfilling the
terms of the solar photovoltaic array's contract.
new text end

new text begin (c) The owner of the solar array may use money distributed under paragraph (b) to pay
for:
new text end

new text begin (1) storage and transportation costs incurred for equipment removed;
new text end

new text begin (2) any costs incurred should reinstallation necessitate redesign or new equipment;
new text end

new text begin (3) lost revenue or any damages incurred under the power purchase agreement from not
selling energy during the solar array's removal and reinstallation; and
new text end

new text begin (4) replacement energy costs during the disruption period.
new text end