Minnesota Session Laws - 2022, Regular Session

CHAPTER 41--H.F.No. 2875

An act

relating to energy; modifying the Prairie Island Net Zero project; establishing a grant; appropriating money;

amending Laws 2020, chapter 118, sections 3, subdivision 3; 5, subdivision 2; Laws 2021, First Special Session chapter 4, article 2, section 3, by adding a subdivision.

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

Section 1.

Laws 2020, chapter 118, section 3, subdivision 3, is amended to read:

Subd. 3.

Bids.

The Prairie Island Indian Community must obtain bids to construct the proposed project from no fewer than three separate contractors and must enter into one or more contracts to complete the project and must submit the certified total cost to the commissioner no later than January 1, deleted text begin 2022 deleted text end new text begin 2023 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from December 31, 2021. new text end

Sec. 2.

Laws 2020, chapter 118, section 5, subdivision 2, is amended to read:

Subd. 2.

Prairie Island Net Zero Project.

deleted text begin (a) deleted text end Notwithstanding Minnesota Statutes, section 116C.779, subdivision 1, paragraph (j), $16,000,000 in fiscal year 2021 is appropriated from the renewable development account under Minnesota Statutes, section 116C.779, subdivision 1, to the commissioner of commerce for a grant to the Prairie Island Indian Community to implement the Prairie Island renewable energy project under section 3. The base for this project is $15,200,000 in fiscal year 2022 and $15,000,000 in fiscal year 2023. The base for fiscal year 2024 is $0. deleted text begin Any unspent funds remaining in the account upon completion of the project cancel to the renewable development account under Minnesota Statutes, section 116C.779, subdivision 1 deleted text end new text begin This appropriation is available until June 30, 2031 new text end . The commissioner of commerce shall manage the grant, including the disbursement of grant funds to the Prairie Island Indian Community.

deleted text begin (b) The commissioner shall reserve a portion of the appropriation made under this section to pay actual expenditures on the project that exceed the certified total cost. The amount reserved shall be the lesser of: deleted text end

deleted text begin (1) 20 percent of the certified total cost for the project; or deleted text end

deleted text begin (2) the difference between the certified total cost and the amount appropriated under this section. deleted text end

deleted text begin (c) Notwithstanding paragraph (a), if the certified total cost for the project is less than $46,200,000, the commissioner shall withhold from the project base in fiscal year 2023 an amount equal to the difference between $46,200,000 and the sum of the amount of the certified total cost and the amount reserved by the commissioner under paragraph (b), and shall transfer the withheld amount to the renewable development account. deleted text end

deleted text begin (d) For the purposes of this subdivision, "certified total cost" means the total cost of all contracts the Prairie Island Indian Community enters into with contractors to complete the Prairie Island Net Zero Project under section 3. deleted 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.

Laws 2021, First Special Session chapter 4, article 2, section 3, is amended by adding a subdivision to read:

new text begin Subd. 7. new text end

new text begin Prairie Island Net Zero Project. new text end

new text begin (a) Notwithstanding Minnesota Statutes, section 116C.779, subdivision 1, paragraph (j), $15,200,000 in fiscal year 2022 and $15,000,000 in fiscal year 2023 are appropriated from the renewable development account under Minnesota Statutes, section 116C.779, subdivision 1, to the commissioner of commerce for a grant to the Prairie Island Indian Community to implement the Prairie Island Net Zero Project under Laws 2020, chapter 118, section 3. The base for this project in fiscal year 2024 is $0. This appropriation is available until June 30, 2031. The commissioner of commerce shall manage the grant, including the disbursement of grant money to the Prairie Island Indian Community. new text end

new text begin (b) The commissioner shall reserve a portion of the appropriation made under this section and Laws 2020, chapter 118, section 5, subdivision 2, to pay actual expenditures on the project that exceed the certified total cost. The amount reserved shall be the lesser of: new text end

new text begin (1) 20 percent of the certified total cost for the project; or new text end

new text begin (2) the difference between the certified total cost and $46,200,000. new text end

new text begin (c) Notwithstanding paragraph (a), if the certified total cost for the project is less than $46,200,000, the commissioner shall withhold from the project appropriation in fiscal year 2023 an amount equal to the difference between $46,200,000 and the sum of the amount of the certified total cost and the amount reserved by the commissioner under paragraph (b), and shall cancel the withheld amount to the renewable development account. new text end

new text begin (d) For the purposes of this subdivision, "certified total cost" means the total cost of all contracts the Prairie Island Indian Community enters into with contractors to complete the Prairie Island Net Zero Project under Laws 2020, chapter 118, section 3. 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

Presented to the governor March 24, 2022

Signed by the governor March 24, 2022, 4:07 p.m.