.................... moves to amend H.F. No. 3438, the delete everything amendment
(H3438DE1), as follows:
Page 4, after line 20, insert:
"$200,000 in 2010 and $200,000 in 2011
1.5are reductions from the appropriation due
1.6to elimination of one or more executive
1.7appointees in the commissioner's office.
Page 4, line 24, delete "$405,000
" and insert "$205,000
Page 4, line 28, delete "$629,000
" and insert "$429,000
Page 5, after line 3, insert:
"The dedicated fund transfers provided under
1.12this subdivision must be repaid by a future
1.13general fund appropriation for bioenergy
1.14and value-added agriculture after all ethanol
1.15producer and deficiency payment obligations
1.16are satisfied and before bioenergy and
1.17value-added agriculture appropriations may
1.18be spent for other purposes including the
1.19agricultural growth, research, and innovation
1.20program under Minnesota Statutes, section
Page 5, after line 8, insert:
"Sec. 5. Minnesota Statutes 2009 Supplement, section 41A.09, subdivision 3a, is
amended to read:
Subd. 3a. Ethanol producer payments.
(a) The commissioner shall make cash
payments to producers of ethanol located in the state that have begun production at a
specific location by June 30, 2000. For the purpose of this subdivision, an entity that holds
a controlling interest in more than one ethanol plant is considered a single producer.
The amount of the payment for each producer's annual production, except as provided
in paragraph (c), is 20 cents per gallon for each gallon of ethanol produced at a specific
location on or before June 30, 2000, or ten years after the start of production, whichever is
later. Annually, within 90 days of the end of its fiscal year, an ethanol producer receiving
payments under this subdivision must file a disclosure statement on a form provided by
the commissioner. The initial disclosure statement must include a summary description
of the organization of the business structure of the claimant, a listing of the percentages
of ownership by any person or other entity with an ownership interest of five percent or
greater, and a copy of its annual audited financial statements, including the auditor's report
and footnotes. The disclosure statement must include information demonstrating what
percentage of the entity receiving payments under this section is owned by farmers or
other entities eligible to farm or own agricultural land in Minnesota under the provisions
. Subsequent annual reports must affirm that majority ownership of the
entity is held by farmers or other entities eligible to farm or own agricultural land under
or individuals residing within 30 miles of the plant. The report need not
disclose the identity of the persons or entities eligible to farm or own agricultural land
with ownership interests, individuals residing within 30 miles of the plant, or of any
other entity with less than ten percent ownership interest, but the claimant must retain
information within its files confirming the accuracy of the data provided. This data
must be made available to the commissioner upon request. Not later than the 15th day
of February in each year the commissioner shall deliver to the chairs of the standing
committees of the senate and the house of representatives that deal with agricultural
policy and agricultural finance issues an annual report summarizing aggregated data from
plants receiving payments under this section during the preceding calendar year. Audited
financial statements and notes and disclosure statements submitted to the commissioner
are nonpublic data under section
13.02, subdivision 9
. Notwithstanding the provisions of
chapter 13 relating to nonpublic data, summaries of the submitted audited financial reports
and notes and disclosure statements will be contained in the report to the committee chairs
and will be public data.
(b) No payments shall be made for ethanol production that occurs after June 30,
2010. A producer of ethanol shall not transfer the producer's eligibility for payments
under this section to an ethanol plant at a different location.
(c) If the level of production at an ethanol plant increases due to an increase in the
production capacity of the plant, the payment under paragraph (a) applies to the additional
increment of production until ten years after the increased production began. Once a
plant's production capacity reaches 15,000,000 gallons per year, no additional increment
will qualify for the payment.
(d) Total payments under paragraphs (a) and (c) to a producer in a fiscal year may
not exceed $3,000,000.
(e) By the last day of October, January, April, and July, each producer shall file a
claim for payment for ethanol production during the preceding three calendar months.
A producer that files a claim under this subdivision shall include a statement of the
producer's total ethanol production in Minnesota during the quarter covered by the claim.
For each claim and statement of total ethanol production filed under this subdivision,
the volume of ethanol production must be examined by an independent certified public
accountant in accordance with standards established by the American Institute of Certified
(f) Payments shall be made November 15, February 15, May 15, and August 15. A
separate payment shall be made for each claim filed. Except as provided in paragraph (g),
the total quarterly payment to a producer under this paragraph may not exceed $750,000.
(g) Notwithstanding the quarterly payment limits of paragraph (f), the commissioner
shall make an additional payment in the fourth quarter of each fiscal year to ethanol
producers for the lesser of: (1) 20 cents per gallon of production in the fourth quarter of the
year that is greater than 3,750,000 gallons; or (2) the total amount of payments lost during
the first three quarters of the fiscal year due to plant outages, repair, or major maintenance.
Total payments to an ethanol producer in a fiscal year, including any payment under this
paragraph, must not exceed the total amount the producer is eligible to receive based on
the producer's approved production capacity. The provisions of this paragraph apply only
to production losses that occur in quarters beginning after December 31, 1999.
(h) The commissioner shall reimburse ethanol producers for any deficiency in
payments during earlier quarters if the deficiency occurred because of unallotment or
because appropriated money was insufficient to make timely payments in the full amount
provided in paragraph (a). Notwithstanding the quarterly or annual payment limitations in
this subdivision, the commissioner shall begin making payments for earlier deficiencies
in each fiscal year that appropriations for ethanol payments exceed the amount required
to make eligible scheduled payments. Payments for earlier deficiencies must continue
until the deficiencies for each producer are paid in full, except the commissioner shall not
make a deficiency payment to an entity that no longer produces ethanol on a commercial
scale at the location for which the entity qualified for producer payments or to an assignee
of the entity, or an entity that is not majority owned by farmers or other entities eligible
to farm or own agricultural land under section
or individuals residing within 30
miles of the plant.
(i) Except as provided in article 1, section 2, subdivision 6,
the commissioner may
provide financial assistance under the agricultural growth, research, and innovation
program in section
with any amount of the annual appropriation for ethanol
producer payments that is in excess of the amount required to make scheduled ethanol
producer payments and deficiency payments under paragraphs (a) to (h)."
Adjust amounts accordingly
Renumber the sections in sequence and correct the internal references
Amend the title accordingly