language to be deleted (2) new language
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 endingon 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 endingon 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 fundaccount 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, 19871993, and ending June 30, 2000. Total payments from the account to any producer from the accountin 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 BULKTO 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 bulkto 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.