MN SF35

Establishes a claims process administered by the Office of Administrative Hearings to compensate businesses negatively affected by early termination of a power purchase agreement with a biomass plant.

Eligible businesses must have had a valid contract with the biomass plant as of May 1, 2017, be located in Minnesota, and have suffered either decreased operating income or loss of investment value in property essential to operations.

Compensation awards for decreased operating income cannot exceed twice the difference between the five-year average pre-termination income and post-termination income, with deductions for business interruption insurance and alternative business opportunities pursued.

Creates a biomass business compensation account funded by $20 million transfers from the renewable development account on July 1, 2020 and July 1, 2021, with proportional adjustment of all awards if funds are insufficient.

Application process must open by August 1, 2020, with claims filed within 60 days, preliminary awards within 120 days, final awards within 240 days, and all program provisions expiring June 30, 2022.