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HF 2741

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/19/2012 04:43pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to agriculture; extending certain ethanol minimum content dates;
amending Minnesota Statutes 2010, section 239.791, subdivision 1a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2010, section 239.791, subdivision 1a, is amended to
read:


Subd. 1a.

Minimum ethanol content required.

(a) Except as provided in
subdivisions 10 to 14, on August 30, 2013 2016, and thereafter, a person responsible for
the product shall ensure that all gasoline sold or offered for sale in Minnesota must contain
at least the quantity of ethanol required by clause (1) or (2), whichever is greater:

(1) 20 percent denatured ethanol by volume; or

(2) the maximum percent of denatured ethanol by volume authorized in a waiver
granted by the United States Environmental Protection Agency.

(b) For purposes of enforcing the minimum ethanol requirement of paragraph (a),
clause (1), a gasoline/ethanol blend will be construed to be in compliance if the ethanol
content, exclusive of denaturants and other permitted components, comprises not less than
18.4 percent by volume and not more than 20 percent by volume of the blend as determined
by an appropriate United States Environmental Protection Agency or American Society of
Testing Materials standard method of analysis of alcohol content in motor fuels.

(c) This subdivision expires on December 31, 2012 2015, if by that date:

(1) the commissioner of agriculture certifies and publishes the certification in
the State Register that at least 20 percent of the volume of gasoline sold in the state
is denatured ethanol; or

(2) federal approval has not been granted under paragraph (a), clause (1). The
United States Environmental Protection Agency's failure to act on an application shall not
be deemed approval under paragraph (a), clause (1), or a waiver under section 211(f)(4) of
the Clean Air Act, United States Code, title 42, section 7545, subsection (f), paragraph (4).