1.1 	A bill for an act
1.2 	relating to energy; extending eligibility to receive
1.3 	the renewable energy production incentive under
1.4 	certain circumstances; amending Minnesota Statutes
1.5 	2004, section 216C.41, subdivision 7.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 216C.41,
1.8 	subdivision 7, is amended to read:
1.9 		Subd. 7.Eligibility process.  (a) A qualifying project
1.10 	is eligible for the incentive on the date the commissioner
1.11 	receives:
1.12 	(1) an application for payment of the incentive;
1.13 	(2) one of the following:
1.14 	(i) a copy of a signed power purchase agreement;
1.15 	(ii) a copy of a binding agreement other than a power
1.16 	purchase agreement to sell electricity generated by the project
1.17 	to a third person; or
1.18 	(iii) if the project developer or owner will sell
1.19 	electricity to its own members or customers, a copy of the
1.20 	purchase order for equipment to construct the project with a
1.21 	delivery date and a copy of a signed receipt for a nonrefundable
1.22 	deposit; and
1.23 	(3) any other information the commissioner deems necessary
1.24 	to determine whether the proposed project qualifies for the
1.25 	incentive under this section.
2.1 	(b) The commissioner shall determine whether a project
2.2 	qualifies for the incentive and respond in writing to the
2.3 	applicant approving or denying the application within 15 working
2.4 	days of receipt of the information required in paragraph (a).  A
2.5 	project that is not operational within 18 months of receipt of a
2.6 	letter of approval is no longer approved for the incentive,
2.7 	except as provided in paragraphs (c) to (e).  The commissioner
2.8 	shall notify an applicant of potential loss of approval not less
2.9 	than 60 days prior to the end of the 18-month period.
2.10 	Eligibility for a project that loses approval may be
2.11 	reestablished as of the date the commissioner receives a new
2.12 	completed application.
2.13 	(c) Applicants who received a letter of approval dated
2.14 	December 31, 2003, or earlier may seek to extend the 18-month
2.15 	eligibility period by submitting to the commissioner the
2.16 	following:
2.17 	(1) evidence that all necessary interconnection studies
2.18 	have been completed and that the results indicate that
2.19 	interconnection of the project is feasible; and 
2.20 	(2) a valid signed wind turbine supply agreement indicating
2.21 	that delivery will take place no later than December 15, 2005.
2.22 	(d) If the commissioner determines that the applicant has
2.23 	complied with paragraph (c), the commissioner shall notify the
2.24 	applicant that the 18-month eligibility period is extended until
2.25 	December 31, 2005.
2.26 	(e) If the commissioner determines that the applicant has
2.27 	failed to comply with paragraph (c), the commissioner shall
2.28 	notify the applicant that an extension of the 18-month
2.29 	eligibility period is denied.
2.30 	
EFFECTIVE DATE. This section is effective the day
2.31 	following final enactment.