MN Legislature

Accessibility menu

Bills use visual text formatting such as stricken text to denote deleted language, and underlined text to denote new language. For users of the jaws screenreader it is recommended to configure jaws to use the proofreading scheme which will alter the pitch of the reading voice when reading stricken and underlined text. Instructions for configuring your jaws reader are provided by following this link.
If you can not or do not wish to configure your screen reader, deleted language will begin with the phrase "deleted text begin" and be followed by the phrase "deleted text end", new language will begin with the phrase "new text begin" and be followed by "new text end". Skip to text of SF 3596.

Menu

Revisor of Statutes Menu

SF 3596

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 05/16/2018 10:37am

KEY: stricken = removed, old language. underscored = added, new language.

Pdf

Rtf

Version List Authors and Status

Current Version - 1st Engrossment

A bill for an act
relating to biodiesel; allowing the minimum biodiesel content level for diesel fuel
to be modified during certain times of the year; extending Number 1 diesel
exemption;amending Minnesota Statutes 2016, section 239.77, subdivisions 2,
3a.

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

Section 1.

Minnesota Statutes 2016, section 239.77, subdivision 2, is amended to read:


Subd. 2.

Minimum content.

(a) Except as otherwise provided in this section, all diesel
fuel sold or offered for sale in Minnesota for use in internal combustion engines must contain
at least the stated percentage of biodiesel fuel oil by volume on and after the following
dates:

(1)
September 29, 2005
2 percent
(2)
May 1, 2009
5 percent
(3)
May 1, 2012
10 percent
(4)
May 1, 2018
20 percent

Except as provided in this paragraph, the minimum content levels in clauses (3) and (4)
are effective during the months of April, May, June, July, August, and September only. and
the minimum content for the remainder of the year is five percent. However, if the
commissioners of agriculture, commerce, and pollution control determine, after consultation
with the biodiesel task force and other technical experts, that an American Society for
Testing and Materials specification or equivalent federal standard exists for the specified
biodiesel blend level in those clauses that adequately addresses technical issues associated
with Minnesota's cold weather and publish a notice in the State Register to that effect, the
commissioners may allow the specified biodiesel blend level in those clauses to be effective
year-round. In each year that the seasonal reduction to five percent is in effect, the minimum
content level of diesel fuel sold or offered for sale in Minnesota from April 1 to April 14
may be less than the level required under clause (4), but not less than ten percent.

(b) The minimum content levels in paragraph (a), clauses (3) and (4), become effective
on the date specified only if the commissioners of agriculture, commerce, and pollution
control publish notice in the State Register and provide written notice to the chairs of the
house of representatives and senate committees with jurisdiction over agriculture, commerce,
and transportation policy and finance, at least 270 days prior to the date of each scheduled
increase, that all of the following conditions have been met and the state is prepared to move
to the next scheduled minimum content level:

(1) an American Society for Testing and Materials specification or equivalent federal
standard exists for the next minimum diesel-biodiesel blend;

(2) a sufficient supply of biodiesel is available and the amount of biodiesel produced in
this state from feedstock with at least 75 percent that is produced in the United States and
Canada is equal to at least 50 percent of anticipated demand at the next minimum content
level;

(3) adequate blending infrastructure and regulatory protocol are in place in order to
promote biodiesel quality and avoid any potential economic disruption; and

(4) at least five percent of the amount of biodiesel necessary for that minimum content
level will be produced from a biological resource other than an agricultural resource
traditionally grown or raised in the state, including, but not limited to, algae cultivated for
biofuels production, waste oils, and tallow.

The condition in clause (2) may be waived if the commissioner finds that, due to
weather-related conditions, the necessary feed stock is unavailable.

The condition in clause (4) may be waived if the commissioners find that the use of
these nontraditional feedstocks would be uneconomic under market conditions existing at
the time notice is given under this paragraph.

(c) The commissioners of agriculture, commerce, and pollution control must consult
with the biodiesel task force when assessing and certifying conditions in paragraph (b), and
in general must seek the guidance of the biodiesel task force regarding biodiesel labeling,
enforcement, and other related issues.

(d) During a period of biodiesel fuel shortage or a problem with biodiesel quality that
negatively affects the availability of biodiesel fuel, the commissioner of commerce may
temporarily suspend the minimum content requirement in subdivision 2 until there is
sufficient biodiesel fuel, as defined in subdivision 1, available to fulfill the minimum content
requirement.

(e) By February 1, 2012, and periodically thereafter, the commissioner of commerce
shall determine the wholesale diesel price at various pipeline and refinery terminals in the
region, and the biodiesel price determined after credits and incentives are subtracted at
biodiesel plants in the region. The commissioner shall report wholesale price differences
to the governor who, after consultation with the commissioners of commerce and agriculture,
may by executive order adjust the biodiesel mandate if a price disparity reported by the
commissioner will cause economic hardship to retailers of diesel fuel in this state. Any
adjustment must be for a specified period of time, after which the percentage of biodiesel
fuel to be blended into diesel fuel returns to the amount required in subdivision 2. The
biodiesel mandate must not be adjusted to less than five percent.

Sec. 2.

Minnesota Statutes 2016, section 239.77, subdivision 3a, is amended to read:


Subd. 3a.

Number 1 diesel fuel exempt.

(a) The minimum content requirements of
subdivision 2 do not apply to Number 1 diesel fuel.

(b) This subdivision expires May 1, 2020.

1.1 1.2 1.3 1.4 1.5 1.6
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13
3.14 3.15 3.16 3.17

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569