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



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



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



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