2002 Minnesota Statutes

     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. 

    HIST: 2002 c 244 s 1