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SF 517

as introduced - 89th Legislature (2015 - 2016) Posted on 02/20/2015 01:42pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to agriculture; creating an advanced biofuel production incentive
program; establishing a renewable chemical production incentive program;
establishing a biomass production incentive program; appropriating money;
proposing coding for new law in Minnesota Statutes, chapter 41A.

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

Section 1.

new text begin [41A.13] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 41A.13 to 41A.17, the terms defined in this section
have the meanings given them.
new text end

new text begin (b) "Advanced biofuels" has the meaning given in section 239.051, subdivision 1a.
new text end

new text begin (c) "Biomass thermal production" means the generation of energy for commercial
heat or industrial process heat from a cellulosic material or other material composed of
forestry or agricultural feedstocks for a new or expanding capacity facility or a facility that
is displacing existing use of fossil fuel after the effective date of this section.
new text end

new text begin (d) "Cellulosic biomass" means material primarily made up of cellulose,
hemicellulose, or lingnin, or a combination of those ingredients.
new text end

new text begin (e) "Cellulosic sugar" means sugar derived from cellulosic biomass from agricultural
or forestry resources.
new text end

new text begin (f) "Commissioner" means the commissioner of agriculture.
new text end

new text begin (g) "Cover crops" means grasses, legumes, forbs, or other herbaceous plants that are
known to be noninvasive and not listed as a noxious weed in Minnesota and that are either
interseeded into living cash crops or planted on agricultural fields during fallow periods
for seasonal cover and conservation purposes.
new text end

new text begin (h) "MMbtu" means one million British thermal units.
new text end

new text begin (i) "Perennial crops" means agriculturally produced plants that are known to be
noninvasive and not listed as a noxious weed in Minnesota and that have a life cycle of at
least three years at the location where the plants are being cultivated. Biomass from alfalfa
produced in a two-year rotation shall be considered a perennial crop.
new text end

new text begin (j) "Renewable chemical" means a chemical with biobased content as defined in
section 41A.105, subdivision 1a.
new text end

Sec. 2.

new text begin [41A.14] ADVANCED BIOFUEL PRODUCTION INCENTIVE.
new text end

new text begin (a) A facility eligible for payment under this program must source at least 80 percent
raw materials from Minnesota. If a facility is sited 50 miles or less from the state border,
raw materials may be sourced from within a 100-mile radius. Raw materials must be from
agricultural or forestry sources or from solid waste. The production facility must be
located in Minnesota, must begin production at a specific location by June 30, 2025, and
must not begin operation above 95,000 MMbtu of annual biofuel production before July 1,
2015. Eligible facilities include existing companies and facilities that are adding additional
advanced biofuel production capacity, as well as new companies and facilities. Production
of conventional corn ethanol and conventional biodiesel is not eligible. Advanced biofuel
facilities must produce at least 95,000 MMbtu a year to be eligible for the program.
new text end

new text begin (b) The commissioner shall make payments to eligible producers of advanced
biofuel. For the purpose of this section, an entity that holds a controlling interest in more
than one advanced biofuel facility is considered a single eligible producer. The amount
of the payment for each eligible producer's annual production is $2.1053 per MMbtu
for advanced biofuel production from cellulosic biomass, and $1.053 per MMbtu for
advanced biofuel production from sugar or starch at a specific location for ten years after
the start of production. An eligible facility producing advanced biofuel using agricultural
cellulosic biomass is eligible for a 20 percent bonus payment for each MMbtu produced
from agricultural biomass that is derived from perennial crops, or from acres where cover
crops are used. All forestry-derived cellulosic biomass must be produced using Minnesota
state biomass harvesting guidelines or the equivalent. All biomass from brushlands
must be produced using Minnesota brushland harvesting biomass harvest guidelines or
the equivalent. Forestry-derived cellulosic biomass that come from land parcels greater
than 160 acres must be certified by the Forest Stewardship Council, Sustainable Forestry
Initiative, or American Tree Farm System. Uncertified land from parcels of 160 acres or
less and federal land must be harvested by a Minnesota-certified master logger or the
equivalent and have a forest stewardship plan.
new text end

new text begin (c) No payments shall be made for advanced biofuel production that occurs after
June 30, 2035, for those eligible biofuel producers under paragraph (b). An eligible
producer of advanced biofuel shall not transfer the producer's eligibility for payments
under this section to an advanced biofuel facility at a different location.
new text end

new text begin (d) Total payments under this section to an eligible biofuel producer in a fiscal year
may not exceed the amount necessary for 2,850,000 MMbtu of biofuel production. Total
payments under this section to all eligible biofuel producers in a fiscal year may not
exceed the amount necessary for 17,100,000 MMbtu of biofuel production.
new text end

new text begin (e) By the last day of October, January, April, and July, each eligible biofuel producer
shall file a claim for payment for advanced biofuel production during the preceding three
calendar months. An eligible biofuel producer that files a claim under this paragraph shall
include a statement of the eligible biofuel producer's total advanced biofuel production in
Minnesota during the quarter covered by the claim. For each claim and statement of total
advanced biofuel production filed under this paragraph, the volume of advanced biofuel
production must be examined by an independent certified public accountant in accordance
with Statements on Standards for Attestation Engagements established by the American
Institute of Certified Public Accountants.
new text end

new text begin (f) Payments must be made November 15, February 15, May 15, and August 15.
A separate payment must be made for each claim filed.
new text end

new text begin (g) Any producer that ceases production for any reason is ineligible to receive
payments under the program until they begin producing again.
new text end

new text begin (h) Renewable chemical production for which payment has been received under
section 41A.15, and biomass thermal production for which payment has been received
under section 41A.16, is not eligible for payment under this section.
new text end

Sec. 3.

new text begin [41A.15] RENEWABLE CHEMICAL PRODUCTION INCENTIVE.
new text end

new text begin (a) A facility eligible for payment under this program must source at least 80
percent biobased content, as defined in section 41A.105, subdivision 1a, clause (1),
from Minnesota. If a facility is sited 50 miles or less from the state border, biobased
content must be sourced from within a 100-mile radius. Biobased content must be from
agricultural or forestry sources or from solid waste. The production facility must be
located in Minnesota, must begin production at a specific location by June 30, 2025, and
must not begin production of 3,000,000 pounds of chemicals annually before January
1, 2015. Eligible facilities include existing companies and facilities that are adding
additional production capacity, as well as new companies and facilities. Renewable
chemical facilities must produce at least 3,000,000 pounds per year to be eligible for the
program. Renewable chemicals produced through processes that are fully commercial
before January 1, 2000, are not eligible.
new text end

new text begin (b) The commissioner shall make payments to eligible producers of renewable
chemicals located in the state. For the purpose of this subdivision, an entity that holds a
controlling interest in more than one renewable chemical production facility is considered a
single eligible producer. The amount of the payment for each producer's annual production
is $0.03 per pound of sugar-derived renewable chemical, $0.03 per pound of cellulosic
sugar, and $0.06 per pound of cellulosic-derived renewable chemical produced at a specific
location for ten years after the start of production. All forestry-derived cellulosic biomass
must be produced using Minnesota state biomass harvesting guidelines or the equivalent.
All cellulosic biomass from brushlands must be produced using Minnesota brushland
harvesting biomass harvest guidelines or the equivalent. Forestry-derived cellulosic
biomass that come from land parcels greater than 160 acres must be certified by the Forest
Stewardship Council, Sustainable Forestry Initiative, or American Tree Farm System.
Uncertified land from parcels of 160 acres or less and federal land must be harvested by a
Minnesota-certified master logger or the equivalent and have a forest stewardship plan.
An eligible facility producing renewable chemicals using agricultural cellulosic biomass
is eligible for a 20 percent bonus payment for each MMbtu produced from agricultural
biomass that is derived from perennial crops or from acres where cover crops are used.
new text end

new text begin (c) No payments shall be made for renewable chemical production that occurs after
June 30, 2035, for those eligible renewable chemical producers under paragraph (b). An
eligible producer of renewable chemicals shall not transfer the producer's eligibility for
payments under this section to a renewable chemical facility at a different location.
new text end

new text begin (d) Total payments under this section to an eligible renewable chemical producer in
a fiscal year may not exceed the amount necessary for 99,999,999 pounds of renewable
chemical production. Total payments under this section to all eligible renewable chemical
producers in a fiscal year may not exceed the amount necessary for 599,999,999 pounds of
renewable chemical production.
new text end

new text begin (e) By the last day of October, January, April, and July, each eligible renewable
chemical producer shall file a claim for payment for renewable chemical production
during the preceding three calendar months. An eligible renewable chemical producer that
files a claim under this paragraph shall include a statement of the eligible producer's total
renewable chemical production in Minnesota during the quarter covered by the claim. For
each claim and statement of total renewable chemical production filed under this paragraph,
the volume of renewable chemical production must be examined by an independent
certified public accountant in accordance with Statements on Standards for Attestation
Engagements established by the American Institute of Certified Public Accountants.
new text end

new text begin (f) Payments must be made November 15, February 15, May 15, and August 15.
A separate payment must be made for each claim filed.
new text end

new text begin (g) Any producer that ceases production for any reason is ineligible to receive
payments under the program until they begin producing again.
new text end

new text begin (h) Advanced biofuel production for which payment has been received under section
41A.14, and biomass thermal production for which payment has been received under
section 41A.16, is not eligible for payment under this section.
new text end

Sec. 4.

new text begin [41A.16] BIOMASS THERMAL PRODUCTION INCENTIVE.
new text end

new text begin (a) A facility eligible for payment under this program must source at least 80 percent
raw materials from Minnesota. If a facility is sited 50 miles or less from the state border,
raw materials should be sourced from within a 100-mile radius. Raw materials must be
from agricultural or forestry sources. The production facility must be located in Minnesota
and must not begin before July 1, 2015. Eligible facilities include existing companies and
facilities that are adding additional production capacity, as well as new companies and
facilities. Biomass thermal production facilities must produce at least 1,000 MMbtu per
year to be eligible for the program.
new text end

new text begin (b) The commissioner shall make payments to eligible producers of biomass thermal
located in the state that have begun production at a specific location by June 30, 2025.
For the purpose of this subdivision, an entity that holds a controlling interest in more than
one biomass thermal production facility is considered a single eligible producer. The
amount of the payment for each producer's annual production is $5.00 per MMbtu of
biomass thermal production produced at a specific location for ten years after the start of
production. All forestry-derived cellulosic biomass must be produced using Minnesota
state biomass harvesting guidelines or the equivalent. All biomass from brushland must
be produced using Minnesota brushland harvesting biomass guidelines or the equivalent.
Forestry-derived cellulosic biomass that come from land parcels greater than 160 acres
must be certified by the Forest Stewardship Council, the Sustainable Forestry Initiative,
or American Tree Farm. Uncertified land from parcels of 160 acres or less and federal
land must be harvested by a Minnesota-certified master logger or the equivalent and
have a forest stewardship plan. An eligible facility producing biomass thermal using
agricultural cellulosic biomass is eligible for a 20 percent bonus payment for each MMbtu
produced from agricultural biomass that is derived from perennial crops or from acres
where cover crops are used.
new text end

new text begin (c) No payments shall be made for biomass thermal production that occurs after June
30, 2035, for those eligible biomass thermal producers under paragraph (b). A producer of
biomass thermal production shall not transfer the producer's eligibility for payments under
this section to a biomass thermal production facility at a different location.
new text end

new text begin (d) Total payments under this section to an eligible thermal producer in a fiscal year
may not exceed the amount necessary for 30,000 MMbtu of thermal production. Total
payments under this section to all eligible thermal producers in a fiscal year may not
exceed the amount necessary for 150,000 MMbtu of total thermal production.
new text end

new text begin (e) An eligible facility may blend a cellulosic feedstock with other fuels in the
biomass thermal production facility, but only the percentage attributable to cellulosic
material listed is eligible to receive the producer payment.
new text end

new text begin (f) By the last day of October, January, April, and July, each producer shall file a
claim for payment for biomass thermal production during the preceding three calendar
months. A producer that files a claim under this paragraph shall include a statement of the
producer's total biomass thermal production in Minnesota during the quarter covered by the
claim. For each claim and statement of total biomass thermal production filed under this
paragraph, the volume of biomass thermal production must be examined by an independent
certified public accountant in accordance with Statements on Standards for Attestation
Engagements established by the American Institute of Certified Public Accountants.
new text end

new text begin (g) Payments shall be made November 15, February 15, May 15, and August 15. A
separate payment shall be made for each claim filed.
new text end

new text begin (h) Biofuel production for which payment has been received under section 41A.14,
and renewable chemical production for which payment has been received under section
41A.15, is not eligible for payment under this section.
new text end

Sec. 5.

new text begin [41A.17] REPORT; INCENTIVE PROGRAMS.
new text end

new text begin By January 15 each year, the commissioner shall report on the incentive programs
under Minnesota Statutes, sections 41A.14, 41A.15, and 41A.16, to the legislative policy
and finance committees with primary jurisdiction over environment and agriculture. The
report shall include information on production and expenditures for incentives under
the programs.
new text end

Sec. 6. new text beginAPPROPRIATION.
new text end

new text begin $2,500,000 in fiscal year 2016 and $2,500,000 in fiscal year 2017 are appropriated
from the general fund to the commissioner of agriculture for incentive payments under
Minnesota Statutes, sections 41A.14, 41A.15, and 41A.16. If the appropriation exceeds
the total amount for which all producers are eligible in a fiscal year, the balance of the
appropriation is available to the commissioner for the agricultural growth, research, and
innovation program under Minnesota Statutes, section 41A.12, for NextGen energy grants.
These appropriations do not cancel and are available until spent. Up to 4.5 percent of the
appropriation may be used for administration of the incentive payments.
new text end