1. The clean sustainable energy authority consists of eighteen members, including nine voting members and nine nonvoting technical advisors. 2. The nine voting members consist of: a. Two members, one from the senate and one from the house of representatives, appointed by the legislative management to serve as co-chairmen; b. Two members appointed by the lignite research council; c. Two members appointed by the oil and gas research council; d. Two members appointed by the renewable energy council; and e. One member appointed by the western Dakota energy association. 3. The nine nonvoting technical advisors consist of: a. One member appointed by the North Dakota outdoor heritage fund advisory board; b. The commissioner of commerce or the commissioner's designee; c. The director of the department of environmental quality or the director's designee; d. The director of the department of water resources or the director's designee; e. The director of mineral resources or the director's designee; f. The director of the North Dakota pipeline authority or the director's designee; g. The director of the North Dakota transmission authority or the director's designee; h. The director of the state energy research center or the director's designee; and i. The president of the Bank of North Dakota or the president's designee. 4. The term of office for each co-chairman is two years. The term of office for the other voting members is four years, and the other voting members may not serve more than two consecutive terms. The terms of office for the voting members commence on July first. The initial terms for the voting members of the authority must be staggered following a method determined by the authority. 5. The authority shall meet at least semiannually. The co-chairmen shall call a meeting upon written request from three voting members of the authority. Five voting members is a quorum at any meeting.
6. The authority may not forward a recommendation to the commission unless the recommendation fulfills the purposes of this chapter and is approved by a majority of the voting members of the authority.
54-63.1-04. Clean sustainable energy authority - Duties - Report. (Retroactive application - See note) 1. The authority shall make recommendations to the commission for program guidelines, including eligibility criteria for entities to receive funding under this chapter. 2. The nonvoting technical advisors shall develop a process to review and evaluate projects to determine the technical merits and feasibility of any application, including potential benefits of the development of low-emission technology, the expansion of the development of the state's natural resources or energy production, and the contribution to the economic diversity in the state. 3. The authority may develop a loan program or a loan guarantee program under the clean sustainable energy fund. The Bank of North Dakota shall administer the loan program or loan guarantee program. The interest rate of a loan under this program may not exceed two percent per year. The maximum term of a loan under this section must be approved by the commission based on a recommendation from the authority. The Bank shall review applications for loans or loan guarantees and shall consider the business plan, financial statements, and other information necessary to evaluate the application. To be eligible for a loan or loan guarantee, an entity shall agree to provide the Bank of North Dakota with information as requested. The Bank of North Dakota may develop policies for loan participation with local financial institutions. 4. The authority shall make recommendations to the commission for grant awards, loan approvals, or other financial assistance to provide funding to support research, development, and technological advancements for the large scale development and commercialization of projects, processes, activities, and technologies that reduce environmental impacts and increase sustainability of energy production and delivery in accordance with this chapter. Any projects, processes, activities, and technologies selected by the commission for funding must have been recommended by the authority, must demonstrate feasibility based on a technical review conducted by the nonvoting technical advisors of the authority, must have other sources of financial support, and must achieve the priorities and purposes of the program. At the request of the authority, the Bank of North Dakota shall provide a recommendation regarding the economic feasibility of a project, process, activity, or technology under consideration by the authority. The Bank shall review the business plan, financial statements, and other information necessary to provide a recommendation. 5. The authority shall develop a fertilizer development incentive program, including guidelines to provide loan forgiveness. Funding for the fertilizer development incentive program under this subsection is limited to one hundred twenty-five million dollars. a. To be eligible for the fertilizer development incentive program: (1) The fertilizer production facility must be located within the state; (2) The owner of the fertilizer production facility must be an entity domiciled in the United States or Canada; (3) The owner must borrow money under a program administered by the Bank of North Dakota; and (4) The fertilizer production facility must use hydrogen produced by the electrolysis of water. b. Upon completion of the construction of the fertilizer production facility, the authority shall forgive the loan and shall use fertilizer development incentive funding to repay any outstanding amount borrowed, as certified by the Bank. The authority shall request an appropriation from the strategic investment and improvements fund or other funding sources to provide fertilizer development incentive funding to repay any outstanding amount borrowed. 6. The authority may consult with any other state agency necessary to carry out the purposes under this chapter.
7. Each biennium, the authority shall provide a written report to the legislative management regarding its activities and the program's financial impact on state revenues and the state's economy.
54-63.1-05. Clean sustainable energy program - Powers and duties of the commission. 1. The commission is granted all the powers necessary to carry out the purposes of this chapter, including the power to: a. Provide grants, loans, or other forms of financial assistance to qualified entities for the research, demonstration, development, and commercialization of projects, processes, activities, and technologies that reduce environmental impacts and use energy sources derived from within the state. Other forms of financial assistance include venture capital investments and interest rate buydowns. The commission must require an entity to provide assurance of financial and other types of support that demonstrate a commitment to the project, process, activity, or technology. The commission may develop policies for the approval of loans or loan guarantees issued from the clean sustainable energy fund. b. Enter into contracts or agreements to carry out the purposes of this chapter, including contracting for the administration of the program. c. Keep accurate records of all financial transactions performed under this chapter. d. Cooperate with any private, local, state, or national organization to make contracts and agreements for programs that advance the mission of the program. e. Accept loan repayments, donations, grants, contributions, or gifts from any public or private source to carry out the purposes of this chapter, which must be deposited in the clean sustainable energy fund. f. Make guidelines necessary to carry out the purposes of this chapter, including guidelines relating to the ownership of intellectual property. g. Borrow from the Bank of North Dakota, as authorized by the legislative assembly, to make loans or loan guarantees under a loan program or loan guarantee program developed by the clean sustainable energy authority. 2. The commission may acquire, purchase, hold, use, lease, license, sell, transfer, or dispose of any interest in an asset necessary for clean sustainable energy technology development to facilitate the production, transportation, distribution, or delivery of clean energy commodities produced in the state as a purchases of last resort. 3. The commission shall provide administrative support to the authority for the operation of the program, including the preparation of forms, review of applications, and ongoing review of any contracts. The commission may contract with a public or private entity to provide technical assistance necessary to implement the purposes of this chapter.