15G.204 - RENEWABLE FUEL INFRASTRUCTURE PROGRAM FOR BIODIESEL TERMINAL FACILITIES.
15G.204 RENEWABLE FUEL INFRASTRUCTURE PROGRAM FOR
BIODIESEL TERMINAL FACILITIES.
The department, under the direction of the renewable fuel
infrastructure board created in section 15G.202, shall establish and
administer a renewable fuel infrastructure program for terminal
facilities that store and dispense biodiesel or biodiesel blended
fuel. The infrastructure must be designed and shall be used
exclusively to store and distribute biodiesel or biodiesel blended
fuel. The department as directed by the infrastructure board shall
provide a cost-share program for financial incentives.
1. A person may apply to the department to receive financial
incentives on a cost-share basis. The department shall forward the
applications to the underground storage tank fund board as required
by that board for evaluation and recommendation. The underground
storage tank fund board may rank the applications with comments and
shall forward them to the infrastructure board for approval or
disapproval. The department shall award financial incentives on a
cost-share basis to an eligible person whose application was approved
by the infrastructure board.
2. The department shall award financial incentives to a terminal
operator participating in the program as directed by the
infrastructure board. In order to be eligible to participate in the
program, the terminal operator must apply to the department in a
manner and according to procedures required by the infrastructure
board. The application must contain information required by the
infrastructure board and shall at least include all of the following:
a. The name of the terminal operator and the address of the
terminal to be improved.
b. A detailed description of the infrastructure to be
installed, replaced, or converted.
c. A statement describing how the terminal is to be improved,
the total estimated cost of the planned improvement, and the date
when the infrastructure will be first used to store and distribute
biodiesel or biodiesel blended fuel.
d. A statement certifying that the infrastructure shall not
be used to store or dispense motor fuel other than biodiesel or
biodiesel blended fuel, unless granted a waiver by the infrastructure
board pursuant to this section.
3. a. An award of financial incentives to a participating
person shall be in the form of a grant. In order to participate in
the program, an eligible person must execute a cost-share agreement
with the department as approved by the infrastructure board in which
the person contributes a percentage of the total costs related to
improving the terminal. The financial incentives awarded to the
participating person shall not exceed the following:
(1) For improvements to store, blend, or dispense biodiesel fuel
from B-2 or higher but not as high as B-99, fifty percent of the
actual cost of making the improvements or fifty thousand dollars,
whichever is less.
(2) For improvements to store, blend, and dispense biodiesel fuel
from B-99 to B-100, fifty percent of the actual cost of making the
improvements or one hundred thousand dollars, whichever is less.
However, a person shall not be awarded moneys under this subparagraph
if the person has been awarded a total of eight hundred thousand
dollars under this subparagraph during any period of time and
pursuant to all cost-share agreements in which the person
participates.
b. The infrastructure board may approve multiple awards to
make improvements to a terminal so long as the total amount of the
awards does not exceed the limitations provided in paragraph "a".
4. A participating terminal operator shall not use the
infrastructure to store or dispense motor fuel other than biodiesel
or biodiesel blended fuel, unless one of the following applies:
a. The participating terminal operator is granted a waiver by
the infrastructure board. The participating terminal operator shall
store or dispense the motor fuel according to the terms and
conditions of the waiver.
b. The renewable fuel infrastructure fund created in section
15G.205 is immediately repaid the total amount of moneys awarded to
the participating terminal operator together with a monetary penalty
equal to twenty-five percent of that awarded amount. The amount
shall be deposited in the renewable fuel infrastructure fund created
in section 15G.205.
c. A participating terminal operator who acts in violation of
an agreement executed with the department pursuant to this section is
subject to a civil penalty of not more than one thousand dollars a
day for each day of the violation. The civil penalty shall be
deposited into the general fund of the state. Section History: Recent Form
2006 Acts, ch 1142, §31; 2007 Acts, ch 126, §10; 2008 Acts, ch
1169, §10, 11, 30
Referred to in § 15.104, 15G.202, 15G.205 Footnotes
Award of financial incentives for participation in renewable fuel
infrastructure program for terminal facilities; 2008 Acts, ch 1169, §
28