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ROBERT L. EHRLICH, JR, Governor Ch. 332
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(5) FOR A BIODIESEL PRODUCTION FACILITY, INFORMATION
DEMONSTRATING:
(I) THE PRODUCTION CAPACITY OF THE FACILITY; AND
(II) THE QUANTITY AND AVAILABILITY OF SOYBEAN OIL AND
OTHER SUITABLE BIO-BASED OILS IN THE VICINITY OF THE PRODUCTION FACILITY
THAT MAY BE USED BY THE FACILITY;
(6) INFORMATION DEMONSTRATING:
(I) THE AVAILABILITY AND COST OF ENERGY SUFFICIENT TO
OPERATE THE FACILITY;
(II) THE AVAILABILITY OF SUFFICIENT WATER AND WASTE
DISPOSAL SYSTEMS FOR THE FACILITY;
(III) THE AVAILABILITY OF SUFFICIENT LABOR AND A QUALIFIED
SITE MANAGER FOR THE FACILITY; AND
(IV) THAT THE FACILITY WILL MEET ALL STATE AND FEDERAL
ENVIRONMENTAL STANDARDS;
(7) ANY PROPOSED MARKETING AGREEMENTS FOR THE ETHANOL OR
BIODIESEL PRODUCTS;
(8) A PLAN TO GIVE FARMERS IN THE STATE THE OPPORTUNITY TO
INVEST IN THE FACILITY; AND
(9) THAT THE APPLICANT WILL MEET ANY OTHER REQUIREMENT
ESTABLISHED BY THE BOARD.
(C) THE BOARD SHALL:
(1) REVIEW EACH APPLICATION SUBMITTED UNDER THIS SUBTITLE;
(2) APPROVE OR DENY THE APPLICATION WITHIN 60 DAYS OF RECEIPT
OF THE APPLICATION; AND
(3) FOR AN APPROVED APPLICATION, CERTIFY THE PRODUCER AS
ELIGIBLE FOR A CREDIT IN AN AMOUNT THAT IS:
(I) BASED ON THE PRODUCTION CAPACITY OF THE FACILITY, AS
DETERMINED BY THE BOARD; AND
(II) CONSISTENT WITH SUBSECTION (D) OF THIS SECTION.
(D) (1) THE BOARD MAY NOT CERTIFY ETHANOL PRODUCTION CREDITS FOR
MORE THAN:
(I) 15,000,000 GALLONS PER PRODUCER PER CALENDAR YEAR; OR
(II) A TOTAL OF 45,000,000 15,000,000 GALLONS PER CALENDAR
YEAR, OF WHICH AT LEAST 15,000,000 10,000,000 GALLONS SHALL BE PRODUCED FROM
SMALL GRAINS.
- 1651 -
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