SF 3290

5th Engrossment - 90th Legislature (2017 - 2018) Posted on 05/19/2018 12:28pm

A bill for an act
relating to energy; establishing a process to compensate businesses for loss of
business opportunity resulting from sale and closure of a biomass energy plant;
amending Minnesota Statutes 2017 Supplement, sections 116C.779, subdivision
1; 216C.417, subdivision 2; proposing coding for new law in Minnesota Statutes,
chapter 116C.

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

Section 1.

Minnesota Statutes 2017 Supplement, section 116C.779, subdivision 1, is
amended to read:

Subdivision 1.

Renewable development account.

(a) The renewable development
account is established as a separate account in the special revenue fund in the state treasury.
Appropriations and transfers to the account shall be credited to the account. Earnings, such
as interest, dividends, and any other earnings arising from assets of the account, shall be
credited to the account. Funds remaining in the account at the end of a fiscal year are not
canceled to the general fund but remain in the account until expended. The account shall
be administered by the commissioner of management and budget as provided under this
section.

(b) On July 1, 2017, the public utility that owns the Prairie Island nuclear generating
plant must transfer all funds in the renewable development account previously established
under this subdivision and managed by the public utility to the renewable development
account established in paragraph (a). Funds awarded to grantees in previous grant cycles
that have not yet been expended and unencumbered funds required to be paid in calendar
year 2017 under paragraphs new text begin (e) and new text end (f) deleted text begin and (g) deleted text end , and sections 116C.7792 and 216C.41, are
not subject to transfer under this paragraph.

(c) deleted text begin Except as provided in subdivision 1a, deleted text end Beginning January 15, deleted text begin 2018 deleted text end new text begin 2019 new text end , and
continuing each January 15 thereafter, the public utility that owns the Prairie Island new text begin and
Monticello new text end nuclear generating deleted text begin plant deleted text end new text begin plants new text end must transfer to the renewable development
account deleted text begin $500,000 each year for each dry cask containing spent fuel that is located at the
Prairie Island power plant for deleted text end new text begin the following amounts new text end each year deleted text begin the deleted text end new text begin either new text end plant is in operation deleted text begin ,
and $7,500,000 each year the plant is not in operation deleted text end new text begin : (1) $23,000,000 in 2019; (2)
$28,000,000 in 2020; (3) $28,000,000 in 2021; and (4) $20,000,000 beginning in 2022 and
each year thereafter. new text end If ordered by the commission pursuant to paragraph deleted text begin (i). deleted text end new text begin (h), the public
utility must transfer $7,500,000 each year the Prairie Island plant is not in operation and
$5,250,000 each year the Monticello plant is not in operation. new text end The fund transfer must be
made if nuclear waste is stored in a dry cask at the independent spent-fuel storage facility
at Prairie Island new text begin or Monticello new text end for any part of a year.

deleted text begin (d) Except as provided in subdivision 1a, beginning January 15, 2018, and continuing
each January 15 thereafter, the public utility that owns the Monticello nuclear generating
plant must transfer to the renewable development account $350,000 each year for each dry
cask containing spent fuel that is located at the Monticello nuclear power plant for each
year the plant is in operation, and $5,250,000 each year the plant is not in operation if ordered
by the commission pursuant to paragraph (i). The fund transfer must be made if nuclear
waste is stored in a dry cask at the independent spent-fuel storage facility at Monticello for
any part of a year.
deleted text end

deleted text begin (e) deleted text end new text begin (d) new text end Each year, the public utility shall withhold from the funds transferred to the
renewable development account under deleted text begin paragraphs deleted text end new text begin paragraph new text end (c) deleted text begin and (d) deleted text end the amount necessary
to pay its obligations new text begin for that calendar year new text end under paragraphs new text begin (e), new text end (f) deleted text begin and (g) deleted text end , new text begin (j), and (n), new text end
and sections 116C.7792 and 216C.41 deleted text begin , for that calendar year deleted text end .

deleted text begin (f) deleted text end new text begin (e) new text end If the commission approves a new or amended power purchase agreement, the
termination of a power purchase agreement, or the purchase and closure of a facility under
section 216B.2424, subdivision 9, with an entity that uses poultry litter to generate electricity,
the public utility subject to this section shall enter into a contract with the city in which the
poultry litter plant is located to provide grants to the city for the purposes of economic
development on the following schedule: $4,000,000 in fiscal year 2018; $6,500,000 each
fiscal year in 2019 and 2020; and $3,000,000 in fiscal year 2021. The grants shall be paid
by the public utility from funds withheld from the transfer to the renewable development
account, as provided in paragraphs (b) and deleted text begin (e) deleted text end new text begin (d) new text end .

deleted text begin (g) deleted text end new text begin (f) new text end If the commission approves a new or amended power purchase agreement, or the
termination of a power purchase agreement under section 216B.2424, subdivision 9, with
an entity owned or controlled, directly or indirectly, by two municipal utilities located north
of Constitutional Route No. 8, that was previously used to meet the biomass mandate in
section 216B.2424, the public utility that owns a nuclear generating plant shall enter into a
grant contract with such entity to provide $6,800,000 per year for five years, commencing
30 days after the commission approves the new or amended power purchase agreement, or
the termination of the power purchase agreement, and on each June 1 thereafter through
2021, to assist the transition required by the new, amended, or terminated power purchase
agreement. The grant shall be paid by the public utility from funds withheld from the transfer
to the renewable development account as provided in paragraphs (b) and deleted text begin (e) deleted text end new text begin (d) new text end .

deleted text begin (h) deleted text end new text begin (g) new text end The collective amount paid under the grant contracts awarded under paragraphs
new text begin (e) and new text end (f) deleted text begin and (g) deleted text end is limited to the amount deposited into the renewable development account,
and its predecessor, the renewable development account, established under this section, that
was not required to be deposited into the account under Laws 1994, chapter 641, article 1,
section 10.

deleted text begin (i) deleted text end new text begin (h) new text end After discontinuation of operation of the Prairie Island nuclear plant or the
Monticello nuclear plant and each year spent nuclear fuel is stored in dry cask at the
discontinued facility, the commission shall require the public utility to pay $7,500,000 for
the discontinued Prairie Island facility and $5,250,000 for the discontinued Monticello
facility for any year in which the commission finds, by the preponderance of the evidence,
that the public utility did not make a good faith effort to remove the spent nuclear fuel stored
at the facility to a permanent or interim storage site out of the state. This determination shall
be made at least every two years.

new text begin (i) The public utility must annually file with the commission a petition to recover through
a rider mechanism all funds it is required to transfer or withhold under paragraphs (c) to (f)
for the next year. The commission must approve a reasonable cost recovery schedule for
all funds under this paragraph.
new text end

new text begin (j) On or before January 15 of each year, the public utility must file a petition with the
commission identifying the amounts withheld by the public utility the prior year under
paragraph (d) and the amount actually paid the prior year for obligations identified in
paragraph (d). If the amount actually paid is less than the amount withheld, the public utility
must deduct the surplus from the amount withheld for the current year under paragraph (d).
If the amount actually paid is more than the amount withheld, the public utility must add
the deficiency amount to the amount withheld for the current year under paragraph (d). Any
surplus remaining in the account after all programs identified in paragraph (d) are terminated
must be returned to the public utility's customers.
new text end

deleted text begin (j) deleted text end new text begin (k) new text end Funds in the account may be expended only for any of the following purposes:

(1) to stimulate research and development of renewable electric energy technologies;

(2) to encourage grid modernization, including, but not limited to, projects that implement
electricity storage, load control, and smart meter technology; and

(3) to stimulate other innovative energy projects that reduce demand and increase system
efficiency and flexibility.

Expenditures from the fund must benefit Minnesota ratepayers receiving electric service
from the utility that owns a nuclear-powered electric generating plant in this state or the
Prairie Island Indian community or its members.

The utility that owns a nuclear generating plant is eligible to apply for grants under this
subdivision.

deleted text begin (k) deleted text end new text begin (l) new text end For the purposes of paragraph deleted text begin (j) deleted text end new text begin (k) new text end , the following terms have the meanings
given:

(1) "renewable" has the meaning given in section 216B.2422, subdivision 1, paragraph
(c), clauses (1), (2), (4), and (5); and

(2) "grid modernization" means:

(i) enhancing the reliability of the electrical grid;

(ii) improving the security of the electrical grid against cyberthreats and physical threats;
and

(iii) increasing energy conservation opportunities by facilitating communication between
the utility and its customers through the use of two-way meters, control technologies, energy
storage and microgrids, technologies to enable demand response, and other innovative
technologies.

deleted text begin (l) deleted text end new text begin (m) new text end A renewable development account advisory group that includes, among others,
representatives of the public utility and its ratepayers, and includes at least one representative
of the Prairie Island Indian community appointed by that community's tribal council, shall
develop recommendations on account expenditures. new text begin Members of the advisory group must
be chosen by the public utility. new text end The advisory group must design a request for proposal and
evaluate projects submitted in response to a request for proposals. The advisory group must
utilize an independent third-party expert to evaluate proposals submitted in response to a
request for proposal, including all proposals made by the public utility. A request for proposal
for research and development under paragraph deleted text begin (j) deleted text end new text begin (k) new text end , clause (1), may be limited to or include
a request to higher education institutions located in Minnesota for multiple projects authorized
under paragraph deleted text begin (j) deleted text end new text begin (k) new text end , clause (1). The request for multiple projects may include a provision
that exempts the projects from the third-party expert review and instead provides for project
evaluation and selection by a merit peer review grant system. In the process of determining
request for proposal scope and subject and in evaluating responses to request for proposals,
the advisory group must strongly consider, where reasonable, potential benefit to Minnesota
citizens and businesses and the utility's ratepayers.

new text begin (n) The cost of acquiring the services of the independent third-party expert described in
paragraph (m) and any other reasonable costs incurred to administer the advisory group and
its actions required by this section must be paid from funds withheld by the public utility
under paragraph (d). The total amount withheld under this paragraph must not exceed
$125,000 each year.
new text end

deleted text begin (m) deleted text end new text begin (o) new text end The advisory group shall submit funding recommendations to the public utility,
which has full and sole authority to determine which expenditures shall be submitted by
the advisory group to the deleted text begin legislature deleted text end new text begin commission new text end . The commission may approve proposed
expenditures, may disapprove proposed expenditures that it finds not to be in compliance
with this subdivision or otherwise not in the public interest, and may, if agreed to by the
public utility, modify proposed expenditures. The commission shall, by order, submit its
funding recommendations to the legislature as provided under paragraph deleted text begin (n) deleted text end new text begin (p) new text end .

deleted text begin (n) deleted text end new text begin (p) new text end The commission shall present its recommended appropriations from the account
to the senate and house of representatives committees with jurisdiction over energy policy
and finance annually by February 15. Expenditures from the account must be appropriated
by law. In enacting appropriations from the account, the legislature:

(1) may approve or disapprove, but may not modify, the amount of an appropriation for
a project recommended by the commission; and

(2) may not appropriate money for a project the commission has not recommended
funding.

deleted text begin (o) deleted text end new text begin (q) new text end A request for proposal for renewable energy generation projects must, when
feasible and reasonable, give preference to projects that are most cost-effective for a particular
energy source.

deleted text begin (p) deleted text end new text begin (r) new text end The advisory group must annually, by February 15, report to the chairs and ranking
minority members of the legislative committees with jurisdiction over energy policy on
projects funded by the account new text begin under paragraph (k) new text end for the prior year and all previous years.
The report must, to the extent possible and reasonable, itemize the actual and projected
financial benefit to the public utility's ratepayers of each project.

new text begin (s) By June 1, 2018, and each June 1 thereafter, the public utility that owns the Prairie
Island Nuclear Electric Generating Plant must submit to the commissioner of management
and budget an estimate of the amount the public utility will deposit into the account the
following January 15, based on the provisions of paragraphs (c) to (h) and any appropriations
made from the fund during the most recent legislative session.
new text end

deleted text begin (q) deleted text end new text begin (t) new text end By deleted text begin February 1 deleted text end new text begin June 30 new text end , 2018, and each deleted text begin February 1 deleted text end new text begin June 30 new text end thereafter, the
commissioner of management and budget deleted text begin shall deleted text end new text begin must estimate the balance in the account as
of the following January 31, taking into account the balance in the account as of June 30
and the information provided under paragraph (r). By July 15, 2018, and each July 15
thereafter, the commissioner of management and budget must new text end submit a written report
regarding the availability of funds in and obligations of the account to the chairs and ranking
minority members of the senate and house committees with jurisdiction over energy policy
and finance, the public utility, and the advisory group. new text begin If more than $15,000,000 is estimated
to be available in the account as of January 31, the advisory group must, by January 31 the
next year, issue a request for proposals to initiate a grant cycle for the purposes of paragraph
(k).
new text end

deleted text begin (r) deleted text end new text begin (u) new text end A project receiving funds from the account must produce a written final report
that includes sufficient detail for technical readers and a clearly written summary for
nontechnical readers. The report must include an evaluation of the project's financial,
environmental, and other benefits to the state and the public utility's ratepayers.

deleted text begin (s) deleted text end new text begin (v) new text end Final reports, any mid-project status reports, and renewable development account
financial reports must be posted online on a public Web site designated by the commissioner
of commerce.

deleted text begin (t) deleted text end new text begin (w) new text end All final reports must acknowledge that the project was made possible in whole
or part by the Minnesota renewable development account, noting that the account is financed
by the public utility's ratepayers.

deleted text begin (u) deleted text end new text begin (x) new text end Of the amount in the renewable development account, priority must be given to
making the payments required under section 216C.417.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 2.

new text begin [116C.7793] PRAIRIE ISLAND NET ZERO PROJECT.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The Prairie Island Net Zero Project is established
with the goal of the Prairie Island Indian Community developing an energy system that
results in net zero emissions.
new text end

new text begin Subd. 2. new text end

new text begin Grant. new text end

new text begin The commissioner of employment and economic development must
enter into a grant contract with the Prairie Island Indian Community to provide the amounts
appropriated each year under subdivision 4 to stimulate research, development, and
implementation of renewable energy projects benefiting the Prairie Island Indian Community
or its members. Any examination conducted by the commissioner of employment and
economic development to determine the sufficiency of the financial stability and capacity
of the Prairie Island Indian Community to carry out the purposes of this grant is limited to
the Community Services Department of the Prairie Island Indian Community.
new text end

new text begin Subd. 3. new text end

new text begin Plan; report. new text end

new text begin The Prairie Island Indian Community must file a plan with the
commissioner of employment and economic development no later than July 1, 2019,
describing the Prairie Island Net Zero Project elements and implementation strategy. The
Prairie Island Indian Community must file a report on July 1, 2020, and each July 1 thereafter
through 2025, describing the progress made in implementing the project and the uses of
expended funds.
new text end

new text begin Subd. 4. new text end

new text begin Appropriation. new text end

new text begin Notwithstanding section 116C.779, subdivision 1, paragraph
(k), $3,000,000 in fiscal year 2019, $7,000,000 in fiscal year 2020, $4,500,000 in fiscal
year 2021, $9,000,000 in fiscal year 2022, $8,000,000 in fiscal year 2023, and $8,500,000
in fiscal year 2024 are appropriated from the renewable development account under section
116C.779, subdivision 1, to the commissioner of employment and economic development
for a grant to the Prairie Island Indian Community for the purposes of this section. Any
funds remaining at the end of a fiscal year do not cancel to the renewable development
account but remain available until spent. This subdivision expires the day after the last
transfer of funds to the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Transfer. new text end

new text begin (a) Any funds appropriated under section 216C.417, subdivision 2,
that are unexpended at the end of a fiscal year are transferred to the commissioner of
employment and economic development for a grant to the Prairie Island Indian Community
for the purposes of this section.
new text end

new text begin (b) Beginning in fiscal year 2019 and continuing each year thereafter, on the day
following the public release of the February state budget forecast the commissioner of
management and budget must compare the obligation forecasted in each fiscal year for the
Made in Minnesota solar production incentive program under section 216C.417 with the
obligations forecasted under that program in the previous year's February state budget
forecast. If the amount in the most recent forecast in any one fiscal year is less than the
amount of the obligation forecasted for the same fiscal year in the previous February forecast,
the commissioner of management and budget must transfer the difference from the renewable
development account established in section 116C.779 to the commissioner of employment
and economic development for a grant to the Prairie Island Indian Community for the Prairie
Island Net Zero Project in section 116C.7793.
new text end

new text begin (c) The total amount appropriated and transferred from the renewable development
account under this subdivision and subdivision 4 must not exceed $45,000,000.
new text end

new text begin (d) This subdivision expires the day following the day that the total amount appropriated
and transferred from the renewable development account under this subdivision and
subdivision 4 equals $45,000,000.
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

Sec. 3.

Minnesota Statutes 2017 Supplement, section 216C.417, subdivision 2, is amended
to read:

Subd. 2.

Appropriation.

(a) Unspent money remaining in the account established under
Minnesota Statutes 2016, section 216C.412, on July 1, 2017, must be transferred to the
renewable development account in the special revenue fund established under Minnesota
Statutes, section 116C.779, subdivision 1.

(b) There is annually appropriated from the renewable development account in the special
revenue fund established in Minnesota Statutes, section 116C.779, to the commissioner of
commerce money sufficient to make the incentive payments required under Minnesota
Statutes 2016, section 216C.415. Any funds appropriated under this paragraph that are
unexpended deleted text begin at the end of a fiscal year deleted text end new text begin must be transferred to the commissioner of employment
and economic development as provided under section 116C.7793, subdivision 5. Any funds
remaining after the transfer under this paragraph new text end cancel to the renewable development
account.

(c) Notwithstanding Minnesota Statutes 2016, section 216C.412, subdivision 1, none of
this appropriation may be used for administrative costs.

Sec. 4.

new text begin BIOMASS BUSINESS COMPENSATION.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Biomass plant" means the biomass plant identified under Minnesota Statutes, section
116C.779, subdivision 1, paragraph (e).
new text end

new text begin (c) "Early termination" means the early termination of the power purchase agreement
authorized under Minnesota Statutes, section 216B.2424, subdivision 9, with the biomass
plant.
new text end

new text begin (d) "Operating income" means a business's revenue minus its operating expenses.
new text end

new text begin Subd. 2. new text end

new text begin Office of Administrative Hearings; claims process. new text end

new text begin (a) The chief
administrative law judge of the Office of Administrative Hearings must assign an
administrative law judge to administer a claims award process to compensate businesses
negatively affected by the early termination. The chief administrative law judge may develop
a process, prescribe forms, identify documentation required for submission of claims by
affected businesses, and issue awards to eligible businesses consistent with this section.
The process must allow, but not require, each business that applies for compensation to
appear in person, by its authorized representative, before the assigned administrative law
judge to provide evidence in support of its claim.
new text end

new text begin (b) The chief administrative law judge may contract with and use the services of financial
or other consultants as necessary to examine financial documentation presented by claimants
or otherwise assist in the evaluation and award of claims.
new text end

new text begin (c) Records submitted to the Office of Administrative Hearings as part of the claims
process constitute business data under Minnesota Statutes, section 13.591.
new text end

new text begin (d) An award made pursuant to this section is final and not subject to judicial review.
new text end

new text begin (e) An award made pursuant to this section does not constitute an admission of liability
of the state for any damages or other losses suffered by a business affected by the early
termination.
new text end

new text begin Subd. 3. new text end

new text begin Eligibility. new text end

new text begin To be eligible for an award of compensation, an affected business
must meet the following criteria:
new text end

new text begin (1) as of May 1, 2017, it was operating under the terms of a valid written contract, or
oral contract that is supported by business records, with the company operating the biomass
plant or the fertilizer plant integrated with the biomass plant, through which contract the
business supplied or managed material for, or received material from, the biomass plant or
the fertilizer plant integrated with the biomass plant;
new text end

new text begin (2) the business is located in the state; and
new text end

new text begin (3) as the result of the early termination, the business suffered:
new text end

new text begin (i) decreased operating income; or
new text end

new text begin (ii) the loss of value of investments in real or personal property essential to its business
operations with the biomass plant.
new text end

new text begin Subd. 4. new text end

new text begin Types of claims. new text end

new text begin (a) An eligible business may make claims for an award of
compensation based on either or both:
new text end

new text begin (1) decreased operating income; or
new text end

new text begin (2) the loss of value of investments in real or personal property essential to its business
operations with the biomass plant.
new text end

new text begin (b) To establish and quantify a claim for decreased operating income, an eligible business
must:
new text end

new text begin (1) demonstrate its operating income over the past five years for supplying or managing
material for, or receiving material from, the biomass plant;
new text end

new text begin (2) present evidence of any alternative business opportunities it has pursued or could
pursue to mitigate the loss of revenue from the termination of its contract with the biomass
plant; and
new text end

new text begin (3)(i) demonstrate the extent to which, after the termination of its contract with the
biomass plant, its annual operating income, including operating income from any alternative
business opportunities, will be less than the past five-year average of its annual operating
income; and
new text end

new text begin (ii) multiply that calculated decrease by two.
new text end

new text begin (c) To establish and quantify a claim for loss of value of investments in real or personal
property, an eligible business must provide sufficient evidence of:
new text end

new text begin (1) the essential nature of the investment made in the property to fulfilling the contract
with the biomass plant;
new text end

new text begin (2) the extent to which the eligible business is able to repurpose the property to another
productive use after the early termination, including but not limited to the use, sales, salvage,
or scrap value of the property for which the loss is claimed; and
new text end

new text begin (3) the value of the eligible business's nondepreciated investment in the property.
new text end

new text begin Subd. 5. new text end

new text begin Limitations on awards. new text end

new text begin (a) An award of compensation for a claim for decreased
operating income must not exceed the amount calculated under subdivision 4, paragraph
(b), clause 3.
new text end

new text begin (b) An award of compensation for a claim for loss of value of investments in real or
personal property must be offset by the use, sales, salvage, or scrap value of the property
for which a loss is claimed.
new text end

new text begin (c) Any payment received from business interruption insurance policies, settlements, or
other forms of compensation related to the termination of the business's contract with the
biomass plant, offsets any award of compensation provided under this section.
new text end

new text begin Subd. 6. new text end

new text begin Priority. new text end

new text begin The chief administrative law judge may give priority to claims by
eligible businesses that demonstrate a significant effort to pursue alternative business
opportunities or to conduct other loss mitigation efforts to reduce its claimed losses related
to the termination of its contract with the company operating the biomass plant.
new text end

new text begin Subd. 7. new text end

new text begin Awarding claims. new text end

new text begin If the amount provided for compensation in the biomass
business compensation account established under section 5 is insufficient to fully award all
claims determined to be eligible for an award, all awards must be adjusted proportionally
based on the value of the claim.
new text end

new text begin Subd. 8. new text end

new text begin Deadlines. new text end

new text begin The chief administrative law judge must make the application
process for eligible claims available by August 1, 2018. A business seeking an award under
this section must file all claims with the chief administrative law judge within 60 days
following closure of the biomass plant. All preliminary awards on eligible claims must be
made within 120 days following the deadline to file claims. Any requests for reconsideration
must be filed with the chief administrative law judge within 60 days following notice of
preliminary awards. All final awards on eligible claims must be made within 60 days
following the deadline to file reconsiderations. The commissioner of management and
budget shall pay all awarded claims within 45 days after receiving notice of the final awards
from the chief administrative law judge.
new text end

new text begin Subd. 9. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end

Sec. 5.

new text begin BIOMASS BUSINESS COMPENSATION ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Account established. new text end

new text begin A biomass business compensation account is
established as a separate account in the special revenue fund in the state treasury.
Appropriations and transfers to the account must be credited to the account. Earnings, such
as interest, and any other earnings arising from the assets of the account are credited to the
account. Funds remaining in the account as of December 31, 2020, must be transferred to
the renewable development account established under Minnesota Statutes, section 116C.779.
new text end

new text begin Subd. 2. new text end

new text begin Funding for the special account. new text end

new text begin Notwithstanding Minnesota Statutes, section
116C.779, subdivision 1, paragraph (k), on July 1, 2019, $40,000,000 must be transferred
from the renewable development account under Minnesota Statutes, section 116C.779, to
the biomass business compensation account established under subdivision 1. The transferred
funds are appropriated to pay eligible obligations under the biomass business compensation
program established under section 4.
new text end

new text begin Subd. 3. new text end

new text begin Payment of expenses. new text end

new text begin Beginning on July 1, 2019, the chief administrative law
judge must certify to the commissioner of management and budget the total costs incurred
to administer the biomass business compensation claims process. The commissioner of
management and budget must transfer an amount equal to the certified costs incurred for
biomass business compensation claim activities from the renewable development account
under Minnesota Statutes, section 116C.779, and deposit it to the administrative hearings
account under Minnesota Statutes, section 14.54. Transfers may occur quarterly, based on
quarterly cost and revenue reports, throughout the fiscal year, with final certification and
reconciliation after each fiscal year. The total amount transferred under this subdivision
must not exceed $200,000.
new text end

new text begin Subd. 4. new text end

new text begin Expiration. new text end

new text begin This section expires June 30, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective June 1, 2018.
new text end