Bill Text: IN HB1261 | 2010 | Regular Session | Amended
Bill Title: Renewable energy.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2010-03-25 - Sections 2 through 11 effective retroactive to 01/01/2010 [HB1261 Detail]
Download: Indiana-2010-HB1261-Amended.html
Citations Affected: IC 15-11.
Synopsis: Agricultural biomass infrastructure grants. Changes the
name of the E85 fueling station grant fund to the agricultural biomass
infrastructure grant fund. Authorizes the department of agriculture to
award grants from the agricultural biomass infrastructure grant fund for
certain infrastructure used for the production or distribution of biofuels
(fuels produced from biomass). Adds certain definitions. Makes
changes to the definition of a qualified expense. Provides that grants
for biofuels projects may be awarded for infrastructure expenses
incurred after December 31, 2008. Provides that the amount of a grant
for certain infrastructure used for the production or distribution of
biofuels may not exceed the lesser of: (1) 50% of the recipient's
qualified investment; or (2) $100,000. Makes related changes.
Effective: January 1, 2011.
January 12, 2010, read first time and referred to Committee on Agriculture and Rural
Development.
January 26, 2010, reported _ Do Pass.
February 1, 2010, read second time, amended, ordered engrossed.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
agriculture and animals.
(1) Provide administrative and staff support for the following:
(A) The state fair board for purposes of carrying out the director's duties under IC 15-13-5.
(B) The Indiana corn marketing council for purposes of administering the duties of the director under IC 15-15-12.
(C) The Indiana organic peer review panel under IC 15-15-8.
(D) The Indiana dairy industry development board for purposes of administering the duties of the director under IC 15-18-5.
(E) The Indiana land resources council under IC 15-12-5.
(F) The Indiana grain buyers and warehouse licensing agency under IC 26-3-7.
(G) The Indiana grain indemnity corporation under IC 26-4-3.
(H) The division.
(I) The
(2) Administer the election of state fair board members under IC 15-13-5.
(3) Administer state programs and laws promoting agricultural trade.
(4) Administer state livestock or agriculture marketing grant programs.
(5) Administer economic development efforts for agriculture by doing the following:
(A) Promoting value added agricultural resources.
(B) Marketing Indiana agriculture to businesses internationally.
(C) Assisting Indiana agricultural businesses with developing partnerships with the Indiana economic development corporation.
(D) Soliciting private funding for selective economic development and trade initiatives.
(E) Providing for the orderly economic development and growth of Indiana's agricultural economy.
(F) Facilitating the use of biomass (as defined in IC 15-11-11-0.7) and algae production systems to generate renewable energy.
(1) Agricultural crops.
(2) Agricultural wastes and residues.
(3) Wood and wood byproducts, including the following:
(A) Wood residue.
(B) Forest thinning.
(C) Mill residue wood.
(4) Animal wastes.
(5) Animal byproducts.
(6) Aquatic plants.
(7) Algae.
The term does not include biomass used in direct-fired (direct combustion) or co-firing systems.
(1) have a common access to a public highway; and
(2) are or would appear to the reasonable
(1) an individual;
(2) an agricultural producer;
(3) a partnership;
(4) a corporation;
(5) a limited liability company; or
(6) an unincorporated association.
(1) An ordinary and usual expense that is incurred after June 30, 2007, to do either of the following:
including the costs of cleaning storage tanks and piping to
remove petroleum sludge and other contaminants.
(2) An ordinary and ususal expense that is incurred after
December 31, 2008, for the installation of a renewable energy
system infrastructure that uses commercial technologies to
produce or distribute biofuels.
(b) For the purposes of subsection (a)(2), the term does not
include a cost or expense for:
(1) research and development;
(2) land acquisition;
(3) agricultural tillage equipment;
(4) salaries; or
(5) other noninfrastructure purposes determined ineligible by
the department.
(1) makes a qualified investment under section 5(a)(1) of this chapter and
(2) places a qualified investment under section 5(a)(2) of this chapter in service in Indiana for the production or distribution of biofuels.
(b) A recipient of a grant awarded under this chapter must comply with any guidelines developed by the department and the office of energy and defense development.
(c) The department may not, under this chapter, award:
(1) more than one (1) grant
(2) more than one (1) grant for a particular biofuels project.
(b) The amount of a grant awarded under this chapter for a renewable fuel compatible fueling station at a location may not
exceed the lesser of the following:
(1) The amount of the grant recipient's qualified investment
under section 5(a)(1) of this chapter for the location.
(2) Twenty thousand dollars ($20,000).
(c) A grant awarded under this chapter for a biofuels project
must be awarded on a competitive basis and may not exceed the
lesser of:
(1) fifty percent (50%) of the grant recipient's qualified
investment under section 5(a)(2) of this chapter for the
biofuels project; or
(2) one hundred thousand dollars ($100,000).
(c) (d) The amount of a grant awarded under this chapter for a
renewable fuel compatible fueling station at a location may be less
than the amount of the grant recipient's qualified investment under
section 5(a)(1) of this chapter for the location. The amount of a
grant awarded under this chapter for a biofuels project may be less
than the amount of the grant recipient's qualified investment under
section 5(a)(2) of this chapter for the biofuels project.
(b) The fund consists of appropriations from the general assembly.
(c) The treasurer of state shall invest the money in the fund not currently needed to meet the obligations of the fund in the same manner as other public funds may be invested.
(d) Money in the fund at the end of a state fiscal year does not revert to the state general fund but remains in the fund to be used exclusively for purposes of this chapter.
(e) Money in the fund is continuously appropriated for the purposes of this chapter.