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S.F. No. 448 - Biofuels - (First Engrossment)
 
Author: Senator Dan Sparks
 
Prepared By:
 
Date: February 27, 2013



 

S.F. 448, the first engrossment, makes modifications to biofuel production goals and minimum biofuel blending requirements. The bill allows for biofuels, other than ethanol from cornstarch, to be used to satisfy the minimum biofuel blending requirements on an incremental basis. Starting January 1, 2025, any biofuel with a federally approved pathway may be used in meeting the minimum content requirement for blended gasoline.

Section 1 [Cellulosic biofuel production goal] makes a technical changes related to the changes on the biofuel content requirements in the bill.

Section 2 [Expiration; Cellulosic biofuel production goal] provides an expiration date of January 1, 2015, to the cellulosic biofuel production goal.

Section 3 [Green economy definition] modifies the definition of “green economy” by using the petroleum replacement goal (modified in this bill) instead of the cellulosic biofuel replacement goal and the 25 by 25 goal.

Section 4 [Advanced biofuel definition] provides a definition of advanced biofuel based on the federal definition in the Energy Independence and Security Act of 2007. The definition reads:

  “(B) Advanced biofuel.--

                          ``(i) In general.--The term `advanced biofuel'

                      means renewable fuel, other than ethanol derived

                      from corn starch, that has lifecycle greenhouse

                      gas emissions, as determined by the Administrator,

                      after notice and opportunity for comment, that are

                      at least 50 percent less than baseline lifecycle

                      greenhouse gas emissions.

                          ``(ii) Inclusions.--The types of fuels

                      eligible for consideration as `advanced biofuel'

                      may include any of the following:

                                    ``(I) Ethanol derived from

                                cellulose, hemicellulose, or lignin.

                                    ``(II) Ethanol derived from sugar or

                                starch (other than corn starch).

                                    ``(III) Ethanol derived from waste

                                material, including crop residue, other

                                vegetative waste material, animal waste,

                                and food waste and yard waste.

                                    ``(IV) Biomass-based diesel.

                                    ``(V) Biogas (including landfill gas

                                and sewage waste treatment gas) produced

                                through the conversion of organic matter

                                from renewable biomass.

                                    ``(VI) Butanol or other alcohols

                                produced through the conversion of

                                organic matter from renewable biomass.

                                    ``(VII) Other fuel derived from

                                cellulosic biomass.”

Section 5 [Biofuel definition] defines “biofuel” as a renewable fuel with an approved pathway under the federal Energy Policy Act of 2005, as amended by the Energy Independence and Security Act of 2007, and approved for sale by the US EPA.  The definition includes both advanced biofuels and conventional biofuels that have an approved pathway.

Section 6 [Conventional biofuel definition] defines “conventional biofuel” as ethanol derived from cornstarch, as defined in the federal Energy Independence and Security Act of 2007.

Section 7 [Minimum biofuel content required] modifies the current ethanol minimum content requirement to include all biofuels with a schedule for requiring the proportion of conventional biofuels to be part of the mix.  Beginning July 1, 2013, the biofuel content mandate must be met by including at least 90 percent conventional biofuel (ethanol from cornstarch).  The amount of conventional biofuel that must be included in the minimum biofuel content requirement decreases over time until January 1, 2025, when any biofuel may be used in meeting the minimum content requirement.  This section also removes the automatic trigger to increase the biofuel content required when federal approval is attained.

Section 8 [Federal Clean Air Act waivers] allows federal registration in addition to a waiver to require higher biofuel blends in the minimum content requirement.  This section also makes conforming changes.

Section 9 [Limited liability waiver] makes technical changes related to the repealer.

Section 10 [Petroleum replacement goal] modifies the petroleum replacement goal to specify “biofuels” rather than “renewable sources” and amends the goals.  The ultimate goal is 30 percent in 2025.  This section also requires the Commissioners of Agriculture, Commerce, and PCA to create a task force to assist in the activities of the commissioners to achieve the petroleum replacement goals and adds the activity of facilitating the production and use of advanced biofuels.

Section 11 [Biobutanol definition] defines "biobutanol" for the purposes of the Minnesota Statutes chapter on petroleum taxes.

Section 12 [Repealer] repeals a provision requiring a 20 percent ethanol mandate under certain conditions. 

GK:dv

 
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