Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 302-S.F.No. 559 
           An act relating to agriculture; requiring the 
          commissioner of revenue to make certain payments to 
          the commissioner of agriculture for the purpose of 
          promoting ethanol fuel use and providing information 
          to ethanol producers; amending Minnesota Statutes 
          1990, sections 41A.09, subdivision 3; 239.76, by 
          adding a subdivision; and 296.02, subdivision 8. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 41A.09, 
subdivision 3, is amended to read: 
    Subd. 3.  [PAYMENTS FROM ACCOUNT.] The commissioner of 
revenue shall make cash payments from the account to producers 
of ethanol or wet alcohol 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 on or 
before June 30, 2000, 20 cents per gallon. 
    (b) For each gallon produced of wet alcohol during the 
period beginning July 1, 1989, and ending on or before 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 account to all producers 
during the period beginning July 1, 1991 and ending June 30, 
1993 may not exceed $9,000,000.  This amount may be paid in 
either fiscal year of the biennium.  Total payments from the 
account to any producer in each fiscal year may not exceed 
$3,000,000. 
    (d) The total payments from the fund account 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 1993, and ending June 30, 2000.  Total 
payments from the account to any producer from the account 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.  
    The commissioner of revenue shall pay from the account 
$100,000 in the fiscal year ending June 30, 1992, and $100,000 
in the fiscal year ending June 30, 1993, to the commissioner of 
agriculture to promote ethanol fuel use. * (The preceding 
paragraph beginning "The commissioner" was vetoed by the 
governor.) 
    The commissioner of revenue shall pay from the account 
$40,000, or as much thereof as the commissioner of agriculture 
determines is necessary, in the fiscal year ending June 30, 
1992, to the commissioner of agriculture for the purpose of 
producing and publishing, through the marketing division of the 
department and in consultation with the department of trade and 
economic development bureau of business licenses, the 
environmental permits control unit established under section 
116C.25, the commissioner of the pollution control agency, the 
commissioner of public safety, and the Minnesota extension 
service, a document that (1) describes the steps necessary for 
planning, permitting, and constructing an ethanol plant in 
Minnesota; (2) suggests possible sources of economic support; 
and (3) provides such other information to potential ethanol 
producers as the commissioner of agriculture deems necessary. * 
(The preceding paragraph beginning "The commissioner" was vetoed 
by the governor.) 
    Sec. 2.  Minnesota Statutes 1990, section 239.76, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [OXYGENATED GASOLINE REQUIRED.] (a) After 
October 31, 1995, gasoline sold or offered for sale as fuel for 
a motor vehicle licensed in Minnesota or another jurisdiction in 
air quality nonattainment counties must have a minimum oxygen 
content of 2.7 percent. 
    (b) After October 31, 1997, the requirement for oxygenated 
gasoline in paragraph (a) applies statewide. 
    Sec. 3.  Minnesota Statutes 1990, section 296.02, 
subdivision 8, is amended to read: 
    Subd. 8.  [TAX REDUCTION FOR AGRICULTURAL ALCOHOL GASOLINE 
SOLD IN BULK TO GOVERNMENT OR FOR SCHOOL TRANSPORTATION.] A 
distributor shall be allowed a credit of 80 cents for every 
gallon of fuel grade alcohol blended with gasoline to produce 
agricultural alcohol gasoline which is sold in bulk to the 
state, local units of government, or for use in the 
transportation of pupils to and from school-related events in 
school vehicles.  This reduction is in lieu of the reductions 
provided in subdivision 7. 
    Presented to the governor May 30, 1991 
    Signed by the governor June 3, 1991, 10:05 p.m.