Definitions--Missouri qualified producer incentive fund created,purpose--administration of fund--grants to producers, amount,computation, paid when--application for grant, content,qualifications, bonding--rules authorized--limitation on grants,when.
142.028. 1. As used in this section, the following terms mean:
(1) "Fuel ethanol", a fuel which meets ASTM Internationalspecification number D 4806 or subsequent specifications for blending withgasoline for use as automotive spark-ignition engine fuel and where theethanol is made from cereal grains, cereal grain by-products, or qualifiedbiomass;
(2) "Fuel ethanol blends", a mixture of ninety percent gasoline andten percent fuel ethanol in which the gasoline portion of the blend or thefinished blend meets the ASTM International specification number D 4814;
(3) "Missouri qualified fuel ethanol producer", any producer of fuelethanol whose principal place of business and facility for the fermentationand distillation of fuel ethanol is located within the state of Missouriand is at least fifty-one percent owned by agricultural producers activelyengaged in agricultural production for commercial purposes, and which hasmade formal application, posted a bond, and conformed to the requirementsof this section;
(4) "Professional forester", any individual who holds a bachelor ofscience degree in forestry from a regionally accredited college oruniversity with a minimum of two years of professional forest managementexperience;
(5) "Qualified biomass", any wood-derived organic material harvestedin accordance with a site specific forest management plan focused forlong-term forest sustainability developed by a professional forester andqualified, in consultation with the conservation commission, by theMissouri agricultural and small business development authority.
2. The "Missouri Qualified Fuel Ethanol Producer Incentive Fund" ishereby created and subject to appropriations shall be used to provideeconomic subsidies to Missouri qualified fuel ethanol producers pursuant tothis section. The director of the department of agriculture shalladminister the fund pursuant to this section.
3. A Missouri qualified fuel ethanol producer shall be eligible for amonthly grant from the fund, except that a Missouri qualified fuel ethanolproducer shall only be eligible for the grant for a total of sixty monthsunless such producer during those sixty months failed, due to a lack ofappropriations, to receive the full amount from the fund for which theywere eligible, in which case such producers shall continue to be eligiblefor up to twenty-four additional months or until they have received themaximum amount of funding for which they were eligible during the originalsixty-month time period. The amount of the grant is determined bycalculating the estimated gallons of qualified fuel ethanol production tobe produced from Missouri agricultural products or qualified biomass forthe succeeding calendar month, as certified by the department ofagriculture, and applying such figure to the per-gallon incentive creditestablished in this subsection. Each Missouri qualified fuel ethanolproducer shall be eligible for a total grant in any fiscal year equal totwenty cents per gallon for the first twelve and one-half million gallonsof qualified fuel ethanol produced from Missouri agricultural products orqualified biomass in the fiscal year plus five cents per gallon for thenext twelve and one-half million gallons of qualified fuel ethanol producedfrom Missouri agricultural products or qualified biomass in the fiscalyear. All such qualified fuel ethanol produced by a Missouri qualifiedfuel ethanol producer in excess of twenty-five million gallons shall not beapplied to the computation of a grant pursuant to this subsection. Thedepartment of agriculture shall pay all grants for a particular month bythe fifteenth day after receipt and approval of the application describedin subsection 4 of this section. If actual production of qualified fuelethanol during a particular month either exceeds or is less than thatestimated by a Missouri qualified fuel ethanol producer, the department ofagriculture shall adjust the subsequent monthly grant by paying additionalamount or subtracting the amount in deficiency by using the calculationdescribed in this subsection.
4. In order for a Missouri qualified fuel ethanol producer to obtaina grant from the fund for a particular month, an application for such fundsshall be received no later than fifteen days prior to the first day of themonth for which the grant is sought. The application shall include:
(1) The location of the Missouri qualified fuel ethanol producer;
(2) The average number of citizens of Missouri employed by theMissouri qualified fuel ethanol producer in the preceding quarter, ifapplicable;
(3) The number of bushels of Missouri agricultural commodities orgreen weight tons of qualified biomass used by the Missouri qualified fuelethanol producer in the production of fuel ethanol in the precedingquarter;
(4) The number of gallons of qualified fuel ethanol the producerexpects to manufacture during the month for which the grant is applied;
(5) A copy of the qualified fuel ethanol producer license requiredpursuant to subsection 5 of this section, name and address of suretycompany, and amount of bond to be posted pursuant to subsection 5 of thissection; and
(6) Any other information deemed necessary by the department ofagriculture to adequately ensure that such grants shall be made only toMissouri qualified fuel ethanol producers.
5. The director of the department of agriculture, in consultationwith the department of revenue and the department of conservation, shallpromulgate rules and regulations necessary for the administration of theprovisions of this section. The director shall also establish proceduresfor bonding Missouri qualified fuel ethanol producers. Each Missouriqualified fuel ethanol producer who attempts to obtain moneys pursuant tothis section shall be bonded in an amount not to exceed the estimatedmaximum monthly grant to be issued to such Missouri qualified fuel ethanolproducer.
6. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.
7. Notwithstanding any other provision of this section to thecontrary, beginning January 1, 2009, through December 31, 2019, theeconomic subsidies provided under this section to Missouri qualified fuelethanol producers of fuel ethanol made from qualified biomass shall only beprovided to two qualified fuel ethanol producers and shall not cumulativelyexceed seven and one-half million dollars per qualified fuel ethanolproducer. Prior to January 1, 2009, and after December 31, 2019, Missouriqualified fuel ethanol producers of fuel ethanol made from qualifiedbiomass shall be ineligible for economic subsidies under this section.
Definitions--Missouri qualified producer incentive fund created,purpose--administration of fund--grants to producers, amount,computation, paid when--application for grant, content,qualifications, bonding--rules authorized--limitation on grants,when.
142.028. 1. As used in this section, the following terms mean:
(1) "Fuel ethanol", a fuel which meets ASTM Internationalspecification number D 4806 or subsequent specifications for blending withgasoline for use as automotive spark-ignition engine fuel and where theethanol is made from cereal grains, cereal grain by-products, or qualifiedbiomass;
(2) "Fuel ethanol blends", a mixture of ninety percent gasoline andten percent fuel ethanol in which the gasoline portion of the blend or thefinished blend meets the ASTM International specification number D 4814;
(3) "Missouri qualified fuel ethanol producer", any producer of fuelethanol whose principal place of business and facility for the fermentationand distillation of fuel ethanol is located within the state of Missouriand is at least fifty-one percent owned by agricultural producers activelyengaged in agricultural production for commercial purposes, and which hasmade formal application, posted a bond, and conformed to the requirementsof this section;
(4) "Professional forester", any individual who holds a bachelor ofscience degree in forestry from a regionally accredited college oruniversity with a minimum of two years of professional forest managementexperience;
(5) "Qualified biomass", any wood-derived organic material harvestedin accordance with a site specific forest management plan focused forlong-term forest sustainability developed by a professional forester andqualified, in consultation with the conservation commission, by theMissouri agricultural and small business development authority.
2. The "Missouri Qualified Fuel Ethanol Producer Incentive Fund" ishereby created and subject to appropriations shall be used to provideeconomic subsidies to Missouri qualified fuel ethanol producers pursuant tothis section. The director of the department of agriculture shalladminister the fund pursuant to this section.
3. A Missouri qualified fuel ethanol producer shall be eligible for amonthly grant from the fund, except that a Missouri qualified fuel ethanolproducer shall only be eligible for the grant for a total of sixty monthsunless such producer during those sixty months failed, due to a lack ofappropriations, to receive the full amount from the fund for which theywere eligible, in which case such producers shall continue to be eligiblefor up to twenty-four additional months or until they have received themaximum amount of funding for which they were eligible during the originalsixty-month time period. The amount of the grant is determined bycalculating the estimated gallons of qualified fuel ethanol production tobe produced from Missouri agricultural products or qualified biomass forthe succeeding calendar month, as certified by the department ofagriculture, and applying such figure to the per-gallon incentive creditestablished in this subsection. Each Missouri qualified fuel ethanolproducer shall be eligible for a total grant in any fiscal year equal totwenty cents per gallon for the first twelve and one-half million gallonsof qualified fuel ethanol produced from Missouri agricultural products orqualified biomass in the fiscal year plus five cents per gallon for thenext twelve and one-half million gallons of qualified fuel ethanol producedfrom Missouri agricultural products or qualified biomass in the fiscalyear. All such qualified fuel ethanol produced by a Missouri qualifiedfuel ethanol producer in excess of twenty-five million gallons shall not beapplied to the computation of a grant pursuant to this subsection. Thedepartment of agriculture shall pay all grants for a particular month bythe fifteenth day after receipt and approval of the application describedin subsection 4 of this section. If actual production of qualified fuelethanol during a particular month either exceeds or is less than thatestimated by a Missouri qualified fuel ethanol producer, the department ofagriculture shall adjust the subsequent monthly grant by paying additionalamount or subtracting the amount in deficiency by using the calculationdescribed in this subsection.
4. In order for a Missouri qualified fuel ethanol producer to obtaina grant from the fund for a particular month, an application for such fundsshall be received no later than fifteen days prior to the first day of themonth for which the grant is sought. The application shall include:
(1) The location of the Missouri qualified fuel ethanol producer;
(2) The average number of citizens of Missouri employed by theMissouri qualified fuel ethanol producer in the preceding quarter, ifapplicable;
(3) The number of bushels of Missouri agricultural commodities orgreen weight tons of qualified biomass used by the Missouri qualified fuelethanol producer in the production of fuel ethanol in the precedingquarter;
(4) The number of gallons of qualified fuel ethanol the producerexpects to manufacture during the month for which the grant is applied;
(5) A copy of the qualified fuel ethanol producer license requiredpursuant to subsection 5 of this section, name and address of suretycompany, and amount of bond to be posted pursuant to subsection 5 of thissection; and
(6) Any other information deemed necessary by the department ofagriculture to adequately ensure that such grants shall be made only toMissouri qualified fuel ethanol producers.
5. The director of the department of agriculture, in consultationwith the department of revenue and the department of conservation, shallpromulgate rules and regulations necessary for the administration of theprovisions of this section. The director shall also establish proceduresfor bonding Missouri qualified fuel ethanol producers. Each Missouriqualified fuel ethanol producer who attempts to obtain moneys pursuant tothis section shall be bonded in an amount not to exceed the estimatedmaximum monthly grant to be issued to such Missouri qualified fuel ethanolproducer.
6. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.
7. Notwithstanding any other provision of this section to thecontrary, beginning January 1, 2009, through December 31, 2019, theeconomic subsidies provided under this section to Missouri qualified fuelethanol producers of fuel ethanol made from qualified biomass shall only beprovided to two qualified fuel ethanol producers and shall not cumulativelyexceed seven and one-half million dollars per qualified fuel ethanolproducer. Prior to January 1, 2009, and after December 31, 2019, Missouriqualified fuel ethanol producers of fuel ethanol made from qualifiedbiomass shall be ineligible for economic subsidies under this section.
Definitions--Missouri qualified producer incentive fund created,purpose--administration of fund--grants to producers, amount,computation, paid when--application for grant, content,qualifications, bonding--rules authorized--limitation on grants,when.
142.028. 1. As used in this section, the following terms mean:
(1) "Fuel ethanol", a fuel which meets ASTM Internationalspecification number D 4806 or subsequent specifications for blending withgasoline for use as automotive spark-ignition engine fuel and where theethanol is made from cereal grains, cereal grain by-products, or qualifiedbiomass;
(2) "Fuel ethanol blends", a mixture of ninety percent gasoline andten percent fuel ethanol in which the gasoline portion of the blend or thefinished blend meets the ASTM International specification number D 4814;
(3) "Missouri qualified fuel ethanol producer", any producer of fuelethanol whose principal place of business and facility for the fermentationand distillation of fuel ethanol is located within the state of Missouriand is at least fifty-one percent owned by agricultural producers activelyengaged in agricultural production for commercial purposes, and which hasmade formal application, posted a bond, and conformed to the requirementsof this section;
(4) "Professional forester", any individual who holds a bachelor ofscience degree in forestry from a regionally accredited college oruniversity with a minimum of two years of professional forest managementexperience;
(5) "Qualified biomass", any wood-derived organic material harvestedin accordance with a site specific forest management plan focused forlong-term forest sustainability developed by a professional forester andqualified, in consultation with the conservation commission, by theMissouri agricultural and small business development authority.
2. The "Missouri Qualified Fuel Ethanol Producer Incentive Fund" ishereby created and subject to appropriations shall be used to provideeconomic subsidies to Missouri qualified fuel ethanol producers pursuant tothis section. The director of the department of agriculture shalladminister the fund pursuant to this section.
3. A Missouri qualified fuel ethanol producer shall be eligible for amonthly grant from the fund, except that a Missouri qualified fuel ethanolproducer shall only be eligible for the grant for a total of sixty monthsunless such producer during those sixty months failed, due to a lack ofappropriations, to receive the full amount from the fund for which theywere eligible, in which case such producers shall continue to be eligiblefor up to twenty-four additional months or until they have received themaximum amount of funding for which they were eligible during the originalsixty-month time period. The amount of the grant is determined bycalculating the estimated gallons of qualified fuel ethanol production tobe produced from Missouri agricultural products or qualified biomass forthe succeeding calendar month, as certified by the department ofagriculture, and applying such figure to the per-gallon incentive creditestablished in this subsection. Each Missouri qualified fuel ethanolproducer shall be eligible for a total grant in any fiscal year equal totwenty cents per gallon for the first twelve and one-half million gallonsof qualified fuel ethanol produced from Missouri agricultural products orqualified biomass in the fiscal year plus five cents per gallon for thenext twelve and one-half million gallons of qualified fuel ethanol producedfrom Missouri agricultural products or qualified biomass in the fiscalyear. All such qualified fuel ethanol produced by a Missouri qualifiedfuel ethanol producer in excess of twenty-five million gallons shall not beapplied to the computation of a grant pursuant to this subsection. Thedepartment of agriculture shall pay all grants for a particular month bythe fifteenth day after receipt and approval of the application describedin subsection 4 of this section. If actual production of qualified fuelethanol during a particular month either exceeds or is less than thatestimated by a Missouri qualified fuel ethanol producer, the department ofagriculture shall adjust the subsequent monthly grant by paying additionalamount or subtracting the amount in deficiency by using the calculationdescribed in this subsection.
4. In order for a Missouri qualified fuel ethanol producer to obtaina grant from the fund for a particular month, an application for such fundsshall be received no later than fifteen days prior to the first day of themonth for which the grant is sought. The application shall include:
(1) The location of the Missouri qualified fuel ethanol producer;
(2) The average number of citizens of Missouri employed by theMissouri qualified fuel ethanol producer in the preceding quarter, ifapplicable;
(3) The number of bushels of Missouri agricultural commodities orgreen weight tons of qualified biomass used by the Missouri qualified fuelethanol producer in the production of fuel ethanol in the precedingquarter;
(4) The number of gallons of qualified fuel ethanol the producerexpects to manufacture during the month for which the grant is applied;
(5) A copy of the qualified fuel ethanol producer license requiredpursuant to subsection 5 of this section, name and address of suretycompany, and amount of bond to be posted pursuant to subsection 5 of thissection; and
(6) Any other information deemed necessary by the department ofagriculture to adequately ensure that such grants shall be made only toMissouri qualified fuel ethanol producers.
5. The director of the department of agriculture, in consultationwith the department of revenue and the department of conservation, shallpromulgate rules and regulations necessary for the administration of theprovisions of this section. The director shall also establish proceduresfor bonding Missouri qualified fuel ethanol producers. Each Missouriqualified fuel ethanol producer who attempts to obtain moneys pursuant tothis section shall be bonded in an amount not to exceed the estimatedmaximum monthly grant to be issued to such Missouri qualified fuel ethanolproducer.
6. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and ifany of the powers vested with the general assembly pursuant to chapter 536,RSMo, to review, to delay the effective date or to disapprove and annul arule are subsequently held unconstitutional, then the grant of rulemakingauthority and any rule proposed or adopted after August 28, 2002, shall beinvalid and void.
7. Notwithstanding any other provision of this section to thecontrary, beginning January 1, 2009, through December 31, 2019, theeconomic subsidies provided under this section to Missouri qualified fuelethanol producers of fuel ethanol made from qualified biomass shall only beprovided to two qualified fuel ethanol producers and shall not cumulativelyexceed seven and one-half million dollars per qualified fuel ethanolproducer. Prior to January 1, 2009, and after December 31, 2019, Missouriqualified fuel ethanol producers of fuel ethanol made from qualifiedbiomass shall be ineligible for economic subsidies under this section.
