language to be deleted (2) new language
CHAPTER 244-S.F.No. 1495 An act relating to agriculture; providing for a biodiesel fuel mandate; proposing coding for new law in Minnesota Statutes, chapter 239. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. [239.77] [BIODIESEL CONTENT MANDATE.] Subdivision 1. [BIODIESEL FUEL.] "Biodiesel fuel" means a renewable, biodegradable, mono alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fats and that meets American Society For Testing and Materials Specification D6751-02 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels. Subd. 2. [MINIMUM CONTENT; EFFECTIVE DATE.] (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 2.0 percent biodiesel fuel oil by volume. (b) The mandate in paragraph (a) is effective on and after the date that the conditions in clauses (1) and (2), or in clauses (1) and (3), have been met: (1) thirty or more days have passed since the commissioner of agriculture publishes notice in the State Register that annual capacity in Minnesota for the production of biodiesel fuel oil exceeds 8,000,000 gallons; (2) eighteen months have passed since the commissioner of agriculture publishes notice in the State Register that a federal action on taxes imposed, tax credits, or otherwise, creates a reduction in the price of two cents or more per gallon on taxable fuel that contains at least two percent biodiesel fuel oil and is sold in this state; (3) the date June 30, 2005, has passed. Subd. 3. [EXCEPTIONS.] (a) The minimum content requirement of subdivision 2 does not apply to fuel used in the following equipment: (1) motors located at an electric generating plant regulated by the Nuclear Regulatory Commission; (2) railroad locomotives; and (3) off-road taconite and copper mining equipment and machinery. (b) The exemption in paragraph (a), clause (1), expires 30 days after the Nuclear Regulatory Commission has approved the use of biodiesel fuel in motors at electric generating plants under its regulation. Sec. 2. [239.771] [DISTRIBUTOR EXPENSE REIMBURSEMENT.] Subdivision 1. [ELIGIBILITY.] A distributor that made capital expenditures necessary to adapt or add equipment to blend biodiesel fuel oil under the mandate in section 239.77 may be eligible for partial reimbursement for those expenditures if the mandate is repealed within eight years of the date the mandate is effective. Subd. 2. [APPLICATION; ELIGIBILITY.] (a) A distributor may apply to the commissioner of agriculture for a reimbursement from money appropriated for this purpose on the following schedule: If the mandate is repealed within two years of its effective date, the commissioner shall reimburse up to 80 percent of expenditures. The total amount eligible to be reimbursed must decline by ten percent each year after the mandate is effective and must end at 20 percent in the eighth year. (b) The commissioner must require detailed proof of expenditures made solely to comply with the mandate. Presented to the governor March 13, 2002 Became law without the governor's signature March 15, 2002
Copyright © 2002 by the Revisor of Statutes, State of Minnesota. All rights reserved.