language to be deleted (2) new language
Laws of Minnesota 1989 CHAPTER 257-H.F.No. 415 An act relating to agriculturally derived ethyl alcohol; clarifying eligibility for producer payments; defining terms; amending Minnesota Statutes 1988, section 41A.09, subdivisions 2 and 3. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 1988, section 41A.09, subdivision 2, is amended to read: Subd. 2. [
DEFINITIONDEFINITIONS.] For purposes of this section the terms defined in this subdivision have the meanings given them. (a) "Ethanol" means agriculturally derived fermentation ethyl alcohol of a purity of at least 99 percent, determined without regard to any added denaturants, denatured in conformity with one of the approved methods set forth by the United States Department of Treasury, Bureau of Alcohol, Tobacco and Firearms, and derived from the following agricultural products: potatoes, cereal, grains, cheese whey, or sugar beets. (b) "Wet alcohol" means agriculturally derived fermentation ethyl alcohol having a purity of at least 50 percent but less than 99 percent. Sec. 2. Minnesota Statutes 1988, section 41A.09, subdivision 3, is amended to read: Subd. 3. [PAYMENTS FROM FUND.] The commissioner of revenue shall make cash payments from the development fund to producers of ethanol or agricultural gradewet alcohol , for use as a motor fuel,located in the state. These payments shall apply only to ethanol or wet alcohol fermented in the state. The amount of the payment for each producer's annual production shall be as follows: (a) For each gallon of ethanol produced: (1) For the period beginning July 1, 1986, and ending June 30, 1987, 15 cents per gallon; (2) For the period beginning July 1, 1987, and ending June 30, 2000, 20 cents per gallon. (b) For each gallon produced of agricultural grade alcohol of a purity of at least 50 percent but not more than 90 percent and designed to be used in conjunction with diesel fuel in an engine's internal combustion process, for the period beginning July 1, 1987, and ending June 30, 2000, 11 cents per gallon.For each gallon produced of wet alcohol during the period beginning July 1, 1989, and ending June 30, 2000, a payment in cents per gallon calculated by the formula "alcohol purity in percent divided by five," and rounded to the nearest cent per gallon, but not less than 11 cents per gallon. The producer payment for wet alcohol under this section may be paid to either the original producer of wet alcohol or the secondary processor, at the option of the original producer, but not to both. (c) The total payments from the fund to all producers may not exceed $200,000 during the period beginning July 1, 1986, and ending June 30, 1987, and may not exceed $10,000,000 in any fiscal year during the period beginning July 1, 1987, and ending June 30, 2000. Total payments to any producer from the fund in any fiscal year may not exceed $3,000,000. By the last day of October, January, April, and July, each producer shall file a claim for payment for production during the preceding three calendar months. The volume of production must be verified by a certified financial audit performed by an independent certified public accountant using generally accepted accounting procedures. Payments shall be made November 15, February 15, May 15, and August 15. Sec. 3. [EFFECTIVE DATE.] This act is effective July 1, 1989. Presented to the governor May 23, 1989 Signed by the governor May 26, 1989, 4:45 p.m.