1.1.................... moves to amend H.F. No. 1071 as follows:
1.2Page 21, after line 4, insert:
1.4BIOFUEL MINIMUM CONTENT REQUIREMENT
1.5 Section 1. Minnesota Statutes 2012, section 41A.10, subdivision 2, is amended to read:
1.6 Subd. 2.
Cellulosic biofuel production goal. The state cellulosic biofuel production
1.7goal is one-quarter of the total amount necessary for
ethanol biofuel use required under
1.8section
239.791, subdivision 1a 1, by 2015 or when cellulosic biofuel facilities in the state
1.9attain a total annual production level of 60,000,000 gallons, whichever is first.
1.10 Sec. 2. Minnesota Statutes 2012, section 41A.10, is amended by adding a subdivision
1.11to read:
1.12 Subd. 3. Expiration. This section expires January 1, 2015.
1.13 Sec. 3. Minnesota Statutes 2012, section 116J.437, subdivision 1, is amended to read:
1.14 Subdivision 1.
Definitions. (a) For the purpose of this section, the following terms
1.15have the meanings given.
1.16(b) "Green economy" means products, processes, methods, technologies, or services
1.17intended to do one or more of the following:
1.18 (1) increase the use of energy from renewable sources, including through achieving
1.19the renewable energy standard established in section
216B.1691;
1.20 (2) achieve the statewide energy-savings goal established in section
216B.2401,
1.21including energy savings achieved by the conservation investment program under section
1.22216B.241
;
1.23 (3) achieve the greenhouse gas emission reduction goals of section
216H.02,
1.24subdivision 1, including through reduction of greenhouse gas emissions, as defined in
2.1section
216H.01, subdivision 2, or mitigation of the greenhouse gas emissions through,
2.2but not limited to, carbon capture, storage, or sequestration;
2.3 (4) monitor, protect, restore, and preserve the quality of surface waters, including
2.4actions to further the purposes of the Clean Water Legacy Act as provided in section
2.5114D.10, subdivision 1
;
2.6 (5) expand the use of biofuels, including by expanding the feasibility or reducing the
2.7cost of producing biofuels or the types of equipment, machinery, and vehicles that can
2.8use biofuels, including activities to achieve the
biofuels 25 by 2025 initiative in sections
2.941A.10, subdivision 2, and
41A.11 petroleum replacement goal in section 239.7911; or
2.10(6) increase the use of green chemistry, as defined in section
116.9401.
2.11For the purpose of clause (3), "green economy" includes strategies that reduce carbon
2.12emissions, such as utilizing existing buildings and other infrastructure, and utilizing mass
2.13transit or otherwise reducing commuting for employees.
2.14 Sec. 4. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
2.15to read:
2.16 Subd. 1a. Advanced biofuel. "Advanced biofuel" has the meaning given in Public
2.17Law 110-140, title 2, subtitle A, section 201.
2.18 Sec. 5. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
2.19to read:
2.20 Subd. 5a. Biofuel. "Biofuel" means a renewable fuel with an approved pathway
2.21under authority of the federal Energy Policy Act of 2005, Public Law 109-58, as amended
2.22by the federal Energy Independence and Security Act of 2007, Public Law 110–140, and
2.23approved for sale by the United States Environmental Protection Agency. As such, biofuel
2.24includes both advanced and conventional biofuels.
2.25 Sec. 6. Minnesota Statutes 2012, section 239.051, is amended by adding a subdivision
2.26to read:
2.27 Subd. 7a. Conventional biofuel. "Conventional biofuel" means ethanol derived
2.28from cornstarch, as defined in Public Law 110-140, title 2, subtitle A, section 201.
2.29 Sec. 7. Minnesota Statutes 2012, section 239.791, subdivision 1, is amended to read:
2.30 Subdivision 1.
Minimum ethanol biofuel content required. (a) Except as provided
2.31in subdivisions 10 to 14, a person responsible for the product shall ensure that all gasoline
2.32sold or offered for sale in Minnesota must contain at least the quantity of
ethanol biofuel
3.1 required by clause (1) or (2),
whichever is greater at the option of the person responsible
3.2for the product:
3.3(1)
the greater of:
3.4(i) 10.0 percent
denatured ethanol conventional biofuel by volume; or
3.5(2) (ii) the maximum percent of
denatured ethanol conventional biofuel by volume
3.6authorized in a waiver granted by the United States Environmental Protection Agency
; or
3.7(2) 10.0 percent of a biofuel, other than a conventional biofuel, by volume authorized
3.8in a waiver granted by the United States Environmental Protection Agency or a biofuel
3.9formulation registered by the United States Environmental Protection Agency under
3.10United States Code, title 42, section 7545.
3.11(b) For purposes of enforcing the
minimum ethanol requirement of paragraph
3.12(a), clause (1),
item (i), or clause (2), a
gasoline/ethanol gasoline/biofuel blend will be
3.13construed to be in compliance if the
ethanol biofuel content, exclusive of denaturants and
3.14other permitted components, comprises not less than 9.2 percent by volume and not more
3.15than 10.0 percent by volume of the blend as determined by an appropriate United States
3.16Environmental Protection Agency or American Society of Testing Materials standard
3.17method of analysis
of alcohol/ether content in engine fuels.
3.18(c)
The provisions of this subdivision are suspended during any period of time that
3.19subdivision 1a, paragraph (a), is in effect. The aggregate amount of biofuel blended
3.20pursuant to this subdivision may be any biofuel; however, conventional biofuel must
3.21comprise no less than the portion specified on and after the specified dates:
3.22
|
(1)
|
July 1, 2013
|
90 percent
|
3.23
|
(2)
|
January 1, 2015
|
80 percent
|
3.24
|
(3)
|
January 1, 2017
|
70 percent
|
3.25
|
(4)
|
January 1, 2020
|
60 percent
|
3.26
|
(5)
|
January 1, 2025
|
no minimum
|
3.27 Sec. 8. Minnesota Statutes 2012, section 239.791, subdivision 2a, is amended to read:
3.28 Subd. 2a.
Federal Clean Air Act waivers; conditions. (a) Before a waiver granted
3.29by the United States Environmental Protection Agency under
section 211(f)(4) of the
3.30Clean Air Act, United States Code, title 42, section 7545,
subsection (f), paragraph (4),
3.31 may alter the minimum content level required by subdivision 1, paragraph (a), clause (2)
,
3.32or subdivision 1a, paragraph (a), clause (2), the waiver must:
3.33(1) apply to all gasoline-powered motor vehicles irrespective of model year; and
3.34(2) allow for special regulatory treatment of Reid vapor pressure under Code of
3.35Federal Regulations, title 40, section
80.27, paragraph (d), for blends of gasoline and
4.1ethanol up to the maximum percent of denatured ethanol by volume authorized under
4.2the waiver.
4.3(b) The minimum
ethanol biofuel requirement in subdivision 1, paragraph (a), clause
4.4(2),
or subdivision 1a, paragraph (a), clause (2), shall, upon the grant of the federal waiver
4.5 or authority specified in United States Code, title 42, section 7545, that allows for greater
4.6blends of gasoline and biofuel in this state, be effective the day after the commissioner
4.7of commerce publishes notice in the State Register. In making this determination, the
4.8commissioner shall consider the amount of time required by refiners, retailers, pipeline
4.9and distribution terminal companies, and other fuel suppliers, acting expeditiously, to
4.10make the operational and logistical changes required to supply fuel in compliance with
4.11the minimum
ethanol biofuel requirement.
4.12 Sec. 9. Minnesota Statutes 2012, section 239.791, subdivision 2b, is amended to read:
4.13 Subd. 2b.
Limited liability waiver. No motor fuel shall be deemed to be a defective
4.14product by virtue of the fact that the motor fuel is formulated or blended pursuant to
4.15the requirements of subdivision 1, paragraph (a), clause (2),
or subdivision 1a, under
4.16any theory of liability except for simple or willful negligence or fraud. This subdivision
4.17does not preclude an action for negligent, fraudulent, or willful acts. This subdivision
4.18does not affect a person whose liability arises under chapter 115, water pollution control;
4.19115A, waste management; 115B, environmental response and liability; 115C, leaking
4.20underground storage tanks; or 299J, pipeline safety; under public nuisance law for damage
4.21to the environment or the public health; under any other environmental or public health
4.22law; or under any environmental or public health ordinance or program of a municipality
4.23as defined in section
466.01.
4.24 Sec. 10. Minnesota Statutes 2012, section 239.7911, is amended to read:
4.25239.7911 PETROLEUM REPLACEMENT PROMOTION.
4.26 Subdivision 1.
Petroleum replacement goal. The tiered petroleum replacement
4.27goal of the state of Minnesota is that
biofuel comprises at least the specified portion of
4.28total gasoline sold or offered for sale in this state by each specified year:
4.29 (1) at least 20 percent of the liquid fuel sold in the state is derived from renewable
4.30sources by December 31, 2015; and
4.31 (2) at least 25 percent of the liquid fuel sold in the state is derived from renewable
4.32sources by December 31, 2025.
4.33
|
(1)
|
2015
|
14 percent
|
|
4.34
|
(2)
|
2017
|
18 percent
|
|
5.1
|
(3)
|
2020
|
25 percent
|
|
5.2
|
(4)
|
2025
|
30 percent
|
|
5.3 Subd. 2.
Promotion of renewable liquid fuels. (a) The commissioner of agriculture,
5.4in consultation with the commissioners of commerce and the Pollution Control Agency,
5.5shall identify and implement activities necessary
for the widespread use of renewable
5.6liquid fuels in the state to achieve the goals in subdivision 1. Beginning November
5.71, 2005, and continuing through 2015, the commissioners, or their designees, shall
5.8work with convene a task force pursuant to section 15.014 that includes representatives
5.9from the renewable fuels industry, petroleum retailers, refiners, automakers, small
5.10engine manufacturers, and other interested groups
, to. The task force shall assist the
5.11commissioners in carrying out the activities in paragraph (b) and eliminating barriers to the
5.12use of greater biofuel blends in this state. The task force must coordinate efforts with the
5.13NextGen Energy Board, the biodiesel task force, and the Renewable Energy Roundtable
5.14and develop annual recommendations for administrative and legislative action.
5.15 (b) The activities of the commissioners under this subdivision shall include, but not
5.16be limited to:
5.17 (1) developing recommendations for
specific, cost-effective incentives
necessary
5.18to expedite the use of greater biofuel blends in this state including, but not limited to,
5.19incentives for retailers to install equipment necessary
for dispensing to dispense renewable
5.20liquid fuels to the public;
5.21 (2) expanding the renewable-fuel options available to Minnesota consumers by
5.22obtaining federal approval for the use of
E20 and additional blends that contain a greater
5.23percentage of
ethanol, including but not limited to E30 and E50, as gasoline biofuel;
5.24 (3) developing recommendations
for ensuring to ensure that motor vehicles and
5.25small engine equipment have access to an adequate supply of fuel;
5.26 (4) working with the owners and operators of large corporate automotive fleets in the
5.27state to increase their use of renewable fuels;
and
5.28 (5) working to maintain an affordable retail price for liquid fuels
;
5.29 (6) facilitating the production and use of advanced biofuels in this state; and
5.30 (7) developing procedures for reporting the amount and type of biofuel under
5.31subdivision 1, and section 239.791, subdivision 1, paragraph (c)..
5.32 (c) Notwithstanding section 15.014, the task force required under paragraph (a)
5.33expires on December 31, 2015.
5.34 Sec. 11. Minnesota Statutes 2012, section 296A.01, is amended by adding a
5.35subdivision to read:
6.1 Subd. 8b. Biobutanol. "Biobutanol" means isobutyl alcohol produced by
6.2fermenting agriculturally generated organic material that is to be blended with gasoline,
6.3and meets either:
6.4(1) the initial ASTM Standard Specification for Butanol for Blending with Gasoline
6.5for use as an Automotive Spark-Ignition Engine Fuel once it has been released by ASTM
6.6for general distribution; or
6.7(2) in the absence of an ASTM Standard Specification, the following list of
6.8requirements:
6.9(i) visually free of sediment and suspended matter;
6.10(ii) clear and bright at the ambient temperature of 21 degrees Celsius or the ambient
6.11temperature whichever is higher;
6.12(iii) free of any adulterant or contaminant that can render it unacceptable for its
6.13commonly used applications;
6.14(iv) contains not less than 96 volume percent isobutyl alcohol;
6.15(v) contains not more than 0.4 volume percent methanol;
6.16(vi) contains not more than 1.0 volume percent water as determined by ASTM
6.17standard test method E203 or E1064;
6.18(vii) acidity (as acetic acid) of not more than 0.007 mass percent as determined
6.19by ASTM standard test method D1613;
6.20(viii) solvent washed gum content of not more than 5.0 milligrams per 100 milliliters
6.21as determined by ASTM standard test method D381;
6.22(ix) sulfur content of not more than 30 parts per million as determined by ASTM
6.23standard test method D2622 or D5453; and
6.24(x) contains not more than 4 parts per million total inorganic sulfate.
6.25 Sec. 12.
REPEALER.
6.26Minnesota Statutes 2012, section 239.791, subdivision 1a, is repealed."
6.27Renumber the sections in sequence and correct the internal references
6.28Amend the title accordingly