§39A-194  Conditions precedent tonegotiating and entering into a project agreement.  (a)  The department,prior to entering into negotiations with any project party, shall require thatthe project party shall agree to pay all fees, costs, and expenses (direct orindirect) assessed by the department in implementing and administering thispart, as determined by the department, even though a project agreement may notbe entered into and may further require the deposit of moneys with thedepartment to pay for fees, costs, and expenses.  Any amount of the deposit inexcess of the amount required to pay the State shall be returned by thedepartment to the project party that made the deposit.  The State shall not berequired to pay to the project party any interest or earnings on the deposit.

(b)  The department shall not enter into anyproject agreement with respect to any energy project unless the departmentshall determine that:

(1)  The project party is a responsible party, whetherby reason of economic assets or experience in the type of enterprise to beundertaken through the project, or otherwise; or

(2)  The obligations of the project party under theproject agreement will be unconditionally guaranteed by a person who is aresponsible party, whether by reason of economic assets or experience in thetype of enterprise to be undertaken through the energy project, or otherwise.[L 1981, c 151, pt of §2; am L 2007, c 44, §9]