SF 1760

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:23am

A bill for an act
relating to energy; extending period during which renewable energy payment
incentives may be paid; directing payments to other projects from projects
whose eligibility to receive payments expires; appropriating money for incentive
payments; amending Minnesota Statutes 2008, sections 116C.779, subdivision
2; 216C.41, subdivision 5a.

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

Section 1.

Minnesota Statutes 2008, section 116C.779, subdivision 2, is amended to
read:

Subd. 2.

Renewable energy production incentive.

(a) Until January 1, deleted text begin 2018 deleted text end new text begin 2021 new text end ,
deleted text begin up to deleted text end $10,900,000 annually must be allocated from available funds in the account to
fund renewable energy production incentives. $9,400,000 of this annual amount is for
incentives for deleted text begin up to 200 megawatts of deleted text end electricity generated by wind energy conversion
systems that are eligible for the incentives under section 216C.41 new text begin or Laws 2005, chapter
40 new text end .

new text begin (b) new text end The balance of this amount, up to $1,500,000 annually, may be used for
production incentives for on-farm biogas recovery facilities new text begin and hydroelectric facilities
new text end that are eligible for the incentive under section 216C.41 deleted text begin or for production incentives for
other renewables, to be provided in the same manner as under section 216C.41 deleted text end .

new text begin (c) Any funds allocated to incentive payments for wind energy conversion systems
under paragraph (a) that are not expended for that purpose must be allocated to incentive
payments under paragraph (b) if necessary to fully pay eligible claims for incentive
payments to qualified on-farm biogas recovery facilities and hydroelectric facilities.
new text end

new text begin (d) If funds allocated in calendar year 2010 under paragraphs (b) and (c) are
insufficient to fully pay eligible claims for incentive payments to qualified on-farm biogas
recovery facilities and hydroelectric facilities, up to $500,000 of additional funds in the
renewable development account must be allocated to make up the insufficiency.
new text end

new text begin (e) new text end Any portion of the $10,900,000 not expended in any calendar year for the
incentive is available for other spending purposes under this section. This subdivision
does not create an obligation to contribute funds to the account.

deleted text begin (b) deleted text end new text begin (f) new text end The Department of Commerce shall determine eligibility of projects under
section 216C.41 for the purposes of this subdivision. At least quarterly, the Department of
Commerce shall notify the public utility of the name and address of each eligible project
owner and the amount due to each project under section 216C.41. The public utility shall
make payments within 15 working days after receipt of notification of payments due.

Sec. 2.

Minnesota Statutes 2008, section 216C.41, subdivision 5a, is amended to read:

Subd. 5a.

Renewable development account.

The Department of Commerce
shall authorize payment of the renewable energy production incentive to wind energy
conversion systems deleted text begin for 200 megawatts of nameplate capacity and deleted text end new text begin that are eligible under
this section or Laws 2005, chapter 40, new text end to on-farm biogas recovery facilities new text begin , and to
hydroelectric facilities new text end . Payment of the incentive shall be made from the renewable energy
development account as provided under section 116C.779, subdivision 2.