SF 1495

Conference Committee Report - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1             CONFERENCE COMMITTEE REPORT ON S.F. NO. 1495 
  1.2                          A bill for an act 
  1.3             relating to agriculture; modifying provisions of the 
  1.4             value-added agricultural product processing and 
  1.5             marketing grant program; eliminating the late fee for 
  1.6             the license to use the Minnesota grown label; 
  1.7             clarifying the term "private contributions" for the 
  1.8             Minnesota grown matching account; modifying provisions 
  1.9             of the shared savings loan program and the sustainable 
  1.10            agriculture demonstration grant program; modifying 
  1.11            provisions of the agriculture best management 
  1.12            practices loan program; regulating pesticide 
  1.13            application in certain schools; modifying financing 
  1.14            limitations for the administration of the state meat 
  1.15            inspection program; authorizing the state agricultural 
  1.16            society to establish a nonprofit corporation for 
  1.17            charitable purposes; modifying provisions relating to 
  1.18            the rural finance authority; extending the sunset date 
  1.19            and providing for designation of replacement members 
  1.20            of the Minnesota agriculture education leadership 
  1.21            council; modifying the definition of "agricultural 
  1.22            land" for the purpose of recreational trespass; 
  1.23            extending the sunset of the dairy producers board, and 
  1.24            conditionally voiding its repeal; providing for 
  1.25            pesticide application on golf courses; changing 
  1.26            certain membership provisions on the state 
  1.27            agricultural society; defining biodiesel fuel and 
  1.28            requiring it in diesel fuel oil; requiring reports on 
  1.29            it; allowing natural gasoline as a petroleum component 
  1.30            in E85 fuel; extending the sunset date for the 
  1.31            farmer-lender mediation program; providing a temporary 
  1.32            waiver of board of animal health rules for use of 
  1.33            biological products on poultry; adding cultivated wild 
  1.34            rice to the agricultural commodities promotion act 
  1.35            provision; repealing obsolete agricultural statutes; 
  1.36            amending Minnesota Statutes 2000, sections 17.101, 
  1.37            subdivision 5; 17.102, subdivision 3; 17.109, 
  1.38            subdivision 3; 17.115; 17.116; 17.117; 17.53, 
  1.39            subdivisions 2, 8, 13; 17.63; 17.76, subdivision 2; 
  1.40            18B.01, by adding a subdivision; 31A.21, subdivision 
  1.41            2; 37.03, subdivision 1; 41B.025, subdivision 1; 
  1.42            41B.03, subdivision 2; 41B.043, subdivisions 1b, 2; 
  1.43            41B.046, subdivision 2; 41D.01, subdivisions 1, 3, 4; 
  1.44            97B.001, subdivision 1; 116O.09, subdivision 1a; 
  1.45            296A.01, subdivision 19; Laws 1986, chapter 398, 
  2.1             article 1, section 18, as amended; proposing coding 
  2.2             for new law in Minnesota Statutes, chapters 18B; 37; 
  2.3             239; repealing Minnesota Statutes 2000, sections 
  2.4             17.987; 24.001; 24.002; 24.12; 24.131; 24.135; 24.141; 
  2.5             24.145; 24.151; 24.155; 24.161; 24.171; 24.175; 24.18; 
  2.6             24.181; 33.09; 33.111. 
  2.7                                                 March 8, 2002
  2.8   The Honorable Don Samuelson 
  2.9   President of the Senate
  2.11  The Honorable Steve Sviggum 
  2.12  Speaker of the House of Representatives
  2.14     We, the undersigned conferees for S.F. No. 1495, report 
  2.15  that we have agreed upon the items in dispute and recommend as 
  2.16  follows: 
  2.17     
  2.18     That the House recede from its amendments and that S.F. No. 
  2.19  1495 be further amended as follows: 
  2.20     Delete everything after the enacting clause and insert: 
  2.21     "Section 1.  [239.77] [BIODIESEL CONTENT MANDATE.] 
  2.22     Subdivision 1.  [BIODIESEL FUEL.] "Biodiesel fuel" means a 
  2.23  renewable, biodegradable, mono alkyl ester combustible liquid 
  2.24  fuel derived from agricultural plant oils or animal fats and 
  2.25  that meets American Society For Testing and Materials 
  2.26  Specification D6751-02 for Biodiesel Fuel (B100) Blend Stock for 
  2.27  Distillate Fuels. 
  2.28     Subd. 2.  [MINIMUM CONTENT; EFFECTIVE DATE.] (a) Except as 
  2.29  otherwise provided in this section, all diesel fuel sold or 
  2.30  offered for sale in Minnesota for use in internal combustion 
  2.31  engines must contain at least 2.0 percent biodiesel fuel oil by 
  2.32  volume. 
  2.33     (b) The mandate in paragraph (a) is effective on and after 
  2.34  the date that the conditions in clauses (1) and (2), or in 
  2.35  clauses (1) and (3), have been met: 
  2.36     (1) thirty or more days have passed since the commissioner 
  2.37  of agriculture publishes notice in the State Register that 
  2.38  annual capacity in Minnesota for the production of biodiesel 
  2.39  fuel oil exceeds 8,000,000 gallons; 
  2.40     (2) eighteen months have passed since the commissioner of 
  2.41  agriculture publishes notice in the State Register that a 
  3.1   federal action on taxes imposed, tax credits, or otherwise, 
  3.2   creates a reduction in the price of two cents or more per gallon 
  3.3   on taxable fuel that contains at least two percent biodiesel 
  3.4   fuel oil and is sold in this state; 
  3.5      (3) the date June 30, 2005, has passed. 
  3.6      Subd. 3.  [EXCEPTIONS.] (a) The minimum content requirement 
  3.7   of subdivision 2 does not apply to fuel used in the following 
  3.8   equipment: 
  3.9      (1) motors located at an electric generating plant 
  3.10  regulated by the Nuclear Regulatory Commission; 
  3.11     (2) railroad locomotives; and 
  3.12     (3) off-road taconite and copper mining equipment and 
  3.13  machinery. 
  3.14     (b) The exemption in paragraph (a), clause (1), expires 30 
  3.15  days after the Nuclear Regulatory Commission has approved the 
  3.16  use of biodiesel fuel in motors at electric generating plants 
  3.17  under its regulation. 
  3.18     Sec. 2.  [239.771] [DISTRIBUTOR EXPENSE REIMBURSEMENT.] 
  3.19     Subdivision 1.  [ELIGIBILITY.] A distributor that made 
  3.20  capital expenditures necessary to adapt or add equipment to 
  3.21  blend biodiesel fuel oil under the mandate in section 239.77 may 
  3.22  be eligible for partial reimbursement for those expenditures if 
  3.23  the mandate is repealed within eight years of the date the 
  3.24  mandate is effective. 
  3.25     Subd. 2.  [APPLICATION; ELIGIBILITY.] (a) A distributor may 
  3.26  apply to the commissioner of agriculture for a reimbursement 
  3.27  from money appropriated for this purpose on the following 
  3.28  schedule:  If the mandate is repealed within two years of its 
  3.29  effective date, the commissioner shall reimburse up to 80 
  3.30  percent of expenditures.  The total amount eligible to be 
  3.31  reimbursed must decline by ten percent each year after the 
  3.32  mandate is effective and must end at 20 percent in the eighth 
  3.33  year. 
  3.34     (b) The commissioner must require detailed proof of 
  3.35  expenditures made solely to comply with the mandate." 
  3.36     Delete the title and insert: 
  4.1                          "A bill for an act 
  4.2             relating to agriculture; providing for a biodiesel 
  4.3             fuel mandate; proposing coding for new law in 
  4.4             Minnesota Statutes, chapter 239." 
  5.1      We request adoption of this report and repassage of the 
  5.2   bill. 
  5.5      Senate Conferees: 
  5.8   .........................     .........................
  5.9   Steve Murphy                  Steve Dille  
  5.12  .........................     
  5.13  Twyla Ring                     
  5.18     House Conferees: 
  5.21  .........................     .........................
  5.22  Howard Swenson                Tim Finseth 
  5.25  .........................     
  5.26  Al Juhnke