Section 11-13-301 - Project entity and generation output requirements(1) Each project entity: (a) shall: (i) except for construction of facilities providing replacement project capacity, before undertaking the construction of a project and before undertaking the construction of facilities to provide additional project capacity, offer to sell or make available at least 50% of the generation output of or electric energy produced by the project or additional project capacity, respectively;(ii) establish rules and procedures for an offer under Subsection (1)(a)(i) that provide at least 60 days for a prospective power purchaser to accept the offer before the offer is considered rejected; and(iii) make each offer under Subsection (1)(a)(i): (A) under a long-term arrangement that may be an undivided ownership interest, a participation interest, a power sales agreement, or otherwise; and(B) to one or more power purchasers in the state that supply electric energy at wholesale or retail; and(b) may undertake construction of facilities providing replacement project capacity for its project.(2)(a) The generation output or electric energy production available to power purchasers in the state from a project shall be at least 5% of the total generation output or electric energy production of the project.(b)(i) Subject to Subsection (2)(b)(ii)(B), at least a majority of the generation capacity, generation output, or electric energy production facilities providing additional project capacity shall be: (A) made available as needed to meet the estimated electric requirements of entities or consumers within the state; and(B) owned, purchased, or consumed by entities or consumers within the state.(ii)(A) As used in this Subsection (2)(b)(ii), "default provision" means a provision authorizing a nondefaulting party to succeed to or require the disposition of the rights and interests of a defaulting party.(B) The requirements of Subsection (2)(b)(i) do not apply to the extent that those requirements are not met due to the operation of a default provision in an agreement providing for ownership or other interests in facilities providing additional project capacity.Amended by Chapter 382, 2016 General Session ,§ 3, eff. 5/10/2016.Amended by Chapter 345, 2012 General Session ,§ 2, eff. 5/8/2012.Amended by Chapter 21, 2003 General Session