HF 994

Introduction - 83rd Legislature (2003 - 2004)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing certain ethanol 
  1.3             development provisions; amending Minnesota Statutes 
  1.4             2002, section 41A.09, subdivisions 2a, 3a; repealing 
  1.5             Minnesota Statutes 2002, section 41A.09, subdivisions 
  1.6             1, 1a, 6, 7, 8. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 41A.09, 
  1.9   subdivision 2a, is amended to read: 
  1.10     Subd. 2a.  [DEFINITIONS.] For the purposes of this section, 
  1.11  the terms defined in this subdivision have the meanings given 
  1.12  them. 
  1.13     (a) "Ethanol" means fermentation ethyl alcohol derived from 
  1.14  agricultural products, including potatoes, cereal, grains, 
  1.15  cheese whey, and sugar beets; forest products; or other 
  1.16  renewable resources, including residue and waste generated from 
  1.17  the production, processing, and marketing of agricultural 
  1.18  products, forest products, and other renewable resources, that: 
  1.19     (1) meets all of the specifications in ASTM specification D 
  1.20  4806-88; and 
  1.21     (2) is denatured as specified in Code of Federal 
  1.22  Regulations, title 27, parts 20 and 21. 
  1.23     (b) "Wet alcohol" means agriculturally derived fermentation 
  1.24  ethyl alcohol having a purity of at least 50 percent but less 
  1.25  than 99 percent. 
  1.26     (c) "Anhydrous alcohol" means fermentation ethyl alcohol 
  2.1   derived from agricultural products as described in paragraph 
  2.2   (a), but that does not meet ASTM specifications or is not 
  2.3   denatured and is shipped in bond for further processing. 
  2.4      (d) "Ethanol plant" means a plant at which ethanol, 
  2.5   anhydrous alcohol, or wet alcohol is produced. 
  2.6      Sec. 2.  Minnesota Statutes 2002, section 41A.09, 
  2.7   subdivision 3a, is amended to read: 
  2.8      Subd. 3a.  [PAYMENTS.] (a) The commissioner of agriculture 
  2.9   shall make cash payments to producers of ethanol, anhydrous 
  2.10  alcohol, and wet alcohol located in the state.  These payments 
  2.11  shall apply only to ethanol, anhydrous alcohol, and wet alcohol 
  2.12  fermented in the state and produced at plants that have begun 
  2.13  production by June 30, 2000.  For the purpose of this 
  2.14  subdivision, an entity that holds a controlling interest in more 
  2.15  than one ethanol plant is considered a single producer.  The 
  2.16  amount of the payment for each producer's annual production is: 
  2.17     (1) except as provided in paragraph (b), for each gallon of 
  2.18  ethanol or anhydrous alcohol produced on or before June 30, 
  2.19  2000, or ten years after the start of production, whichever is 
  2.20  later before October 1, 2002, 19 cents per gallon; and for each 
  2.21  gallon produced after June 30, 2003, until ten years after the 
  2.22  start of production, ten cents per gallon.  Payments for 
  2.23  production during the period from October 1, 2002, through June 
  2.24  30, 2003, must be in an amount determined by the governor under 
  2.25  the governor's budgetary powers. 
  2.26     Each claim for production after June 30, 2003, must be 
  2.27  accompanied by a disclosure statement on a form provided by the 
  2.28  commissioner.  The disclosure statement must include a detailed 
  2.29  description of the organization of the business structure of the 
  2.30  claimant listing the percentages of ownership by any person or 
  2.31  other entity with an ownership interest of five percent or 
  2.32  greater, the distribution of income received by the claimant, 
  2.33  including operating income and payments under this subdivision, 
  2.34  and any other relevant financial information requested by the 
  2.35  commissioner.  The disclosure statement must include information 
  2.36  sufficient to demonstrate that a majority of the ultimate 
  3.1   beneficial interest in the entity receiving payments under this 
  3.2   section is owned by farmers or spouses of farmers, as defined in 
  3.3   section 500.24, residing in Minnesota.  Payments must not be 
  3.4   made to a claimant that has less than a majority of Minnesota 
  3.5   farmer control.  Provided, a claimant located in a city of the 
  3.6   first class which qualifies for payments in all other respects 
  3.7   is not subject to this condition. 
  3.8      Information provided is public data under chapter 13. 
  3.9      (2) for each gallon produced of wet alcohol on or before 
  3.10  June 30, 2000, or ten years after the start of production, 
  3.11  whichever is later, a payment in cents per gallon calculated by 
  3.12  the formula "alcohol purity in percent divided by five," and 
  3.13  rounded to the nearest cent per gallon, but not less than 11 
  3.14  cents per gallon. 
  3.15     The producer payments for anhydrous alcohol and wet alcohol 
  3.16  under this section may be paid to either the original producer 
  3.17  of anhydrous alcohol or wet alcohol or the secondary processor, 
  3.18  at the option of the original producer, but not to both. 
  3.19     No payments shall be made for production that occurs after 
  3.20  June 30, 2010. 
  3.21     (b) If the level of production at an ethanol plant 
  3.22  increases due to an increase in the production capacity of the 
  3.23  plant, the payment under paragraph (a), clause (1), applies to 
  3.24  the additional increment of production until ten years after the 
  3.25  increased production began.  Once a plant's production capacity 
  3.26  reaches 15,000,000 gallons per year, no additional increment 
  3.27  will qualify for the payment. 
  3.28     (c) The commissioner shall make payments to producers of 
  3.29  ethanol or wet alcohol in the amount of 1.5 cents for each 
  3.30  kilowatt hour of electricity generated using closed-loop biomass 
  3.31  in a cogeneration facility at an ethanol plant located in the 
  3.32  state.  Payments under this paragraph shall be made only for 
  3.33  electricity generated at cogeneration facilities that begin 
  3.34  operation by June 30, 2000.  The payments apply to electricity 
  3.35  generated on or before the date ten years after the producer 
  3.36  first qualifies for payment under this paragraph.  Total 
  4.1   payments under this paragraph in any fiscal year may not exceed 
  4.2   $750,000.  For the purposes of this paragraph: 
  4.3      (1) "closed-loop biomass" means any organic material from a 
  4.4   plant that is planted for the purpose of being used to generate 
  4.5   electricity or for multiple purposes that include being used to 
  4.6   generate electricity; and 
  4.7      (2) "cogeneration" means the combined generation of: 
  4.8      (i) electrical or mechanical power; and 
  4.9      (ii) steam or forms of useful energy, such as heat, that 
  4.10  are used for industrial, commercial, heating, or cooling 
  4.11  purposes. 
  4.12     (d) Payments under paragraphs (a) and (b) to all producers 
  4.13  may not exceed $35,150,000 in a fiscal year.  
  4.14     (b) Total payments under paragraphs (a) and (b) this 
  4.15  subdivision to a producer in a fiscal year may not 
  4.16  exceed $2,850,000 $1,500,000. 
  4.17     (e) (c) By the last day of October, January, April, and 
  4.18  July, each producer shall file a claim for payment for ethanol, 
  4.19  anhydrous alcohol, and wet alcohol production during the 
  4.20  preceding three calendar months.  A producer with more than one 
  4.21  plant shall file a separate claim for each plant.  A producer 
  4.22  that files a claim under this subdivision shall include a 
  4.23  statement of the producer's total ethanol, anhydrous alcohol, 
  4.24  and wet alcohol production in Minnesota during the quarter 
  4.25  covered by the claim, including anhydrous alcohol and wet 
  4.26  alcohol produced or received from an outside source.  A producer 
  4.27  shall file a separate claim for any amount claimed under 
  4.28  paragraph (c).  For each claim and statement of total ethanol, 
  4.29  anhydrous alcohol, and wet alcohol production filed under this 
  4.30  subdivision, the volume of ethanol, anhydrous alcohol, and wet 
  4.31  alcohol production or amounts of electricity generated using 
  4.32  closed-loop biomass must be examined by an independent certified 
  4.33  public accountant in accordance with standards established by 
  4.34  the American Institute of Certified Public Accountants. 
  4.35     (f) (d) Payments shall be made November 15, February 15, 
  4.36  May 15, and August 15.  A separate payment shall be made for 
  5.1   each claim filed.  Except as provided in paragraph (j), The 
  5.2   total quarterly payment to a producer under this paragraph, 
  5.3   excluding amounts paid under paragraph (c), may not exceed 
  5.4   $750,000 $375,000.  
  5.5      (g) If the total amount for which all producers are 
  5.6   eligible in a quarter under paragraph (c) exceeds the amount 
  5.7   available for payments, the commissioner shall make payments in 
  5.8   the order in which the plants covered by the claims began 
  5.9   generating electricity using closed-loop biomass. 
  5.10     (h) After July 1, 1997, new production capacity is only 
  5.11  eligible for payment under this subdivision if the commissioner 
  5.12  receives: 
  5.13     (1) an application for approval of the new production 
  5.14  capacity; 
  5.15     (2) an appropriate letter of long-term financial commitment 
  5.16  for construction of the new production capacity; and 
  5.17     (3) copies of all necessary permits for construction of the 
  5.18  new production capacity. 
  5.19     The commissioner may approve new production capacity based 
  5.20  on the order in which the applications are received.  
  5.21     (i) The commissioner may not approve any new production 
  5.22  capacity after July 1, 1998, except that a producer with an 
  5.23  approved production capacity of at least 12,000,000 gallons per 
  5.24  year but less than 15,000,000 gallons per year prior to July 1, 
  5.25  1998, is approved for 15,000,000 gallons of production capacity. 
  5.26     (j) Notwithstanding the quarterly payment limits of 
  5.27  paragraph (f), the commissioner shall make an additional payment 
  5.28  in the eighth quarter of each fiscal biennium to ethanol 
  5.29  producers for the lesser of:  (1) 19 cents per gallon of 
  5.30  production in the eighth quarter of the biennium that is greater 
  5.31  than 3,750,000 gallons; or (2) the total amount of payments lost 
  5.32  during the first seven quarters of the biennium due to plant 
  5.33  outages, repair, or major maintenance.  Total payments to an 
  5.34  ethanol producer in a fiscal biennium, including any payment 
  5.35  under this paragraph, must not exceed the total amount the 
  5.36  producer is eligible to receive based on the producer's approved 
  6.1   production capacity.  The provisions of this paragraph apply 
  6.2   only to production losses that occur in quarters beginning after 
  6.3   December 31, 1999. 
  6.4      (k) For the purposes of this subdivision "new production 
  6.5   capacity" means annual ethanol production capacity that was not 
  6.6   allowed under a permit issued by the pollution control agency 
  6.7   prior to July 1, 1997, or for which construction did not begin 
  6.8   prior to July 1, 1997. 
  6.9      (e) If a recipient of payments under this section becomes 
  6.10  ineligible for payments under paragraph (a) due to sale or 
  6.11  transfer of assets resulting in control of the recipient by 
  6.12  other than Minnesota farmers or spouses of farmers, the 
  6.13  recipient or its successor must repay the total amount of 
  6.14  payments which it received in the two years preceding the date 
  6.15  upon which it became ineligible.  A recipient does not become 
  6.16  ineligible if loss of farmer control is due solely to retirement 
  6.17  or exit from farming of members who originally qualified as 
  6.18  Minnesota farmers.  Payments received under this paragraph must 
  6.19  be deposited into the general fund and must be received within 
  6.20  60 days of the date of ineligibility. 
  6.21     Sec. 3.  [REPEALER.] 
  6.22     Minnesota Statutes 2002, section 41A.09, subdivisions 1, 
  6.23  1a, 6, 7, and 8, are repealed.