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Ch. 332
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2005 LAWS OF MARYLAND
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(2) THE BOARD MAY NOT CERTIFY BIODIESEL PRODUCTION CREDITS
FOR MORE THAN:
(I) 15,000,000 GALLONS PER PRODUCER PER CALENDAR YEAR; OR
(II) A TOTAL OF 20,000,000 5,000,000 GALLONS PER CALENDAR YEAR,
OF WHICH AT LEAST 10.000,000 2,000,000 GALLONS SHALL BE FROM SOYBEAN OIL
PRODUCED:
1. (I) IN A FACILITY THAT BEGAN OPERATING AFTER
DECEMBER 31, 2004; OR
2. (II) UNDER THE EXPANDED CAPACITY OF A FACILITY,
THE EXPANSION OF WHICH OCCURRED AFTER DECEMBER 31, 2004.
(E) (1) IF ELIGIBLE, A PRODUCER MAY APPLY TO THE BOARD FOR
CERTIFICATION FOR ADDITIONAL CREDITS IF THE PRODUCER INCREASES THE
PRODUCTION CAPACITY OF THE FACILITY.
(2) IF A FACILITY DOES NOT ACHIEVE ITS CERTIFIED PRODUCTION
CAPACITY FOR TWO CONSECUTIVE YEARS, THE BOARD MAY REVISE THE STATED
PRODUCTION CAPACITY OF THE FACILITY AND THE CORRESPONDING CREDIT
CERTIFICATION OF THE PRODUCER TO REFLECT ACTUAL PRODUCTION.
(F) AN APPLICATION SUBMITTED TO THE BOARD UNDER THIS SECTION IS
NOT SUBJECT TO DISCLOSURE UNDER THE MARYLAND PUBLIC INFORMATION ACT.
10-1505.
(A) (1) THE BOARD MAY PAY CREDITS AS CALCULATED UNDER THIS
SECTION TO CERTIFIED PRODUCERS OF ETHANOL OR BIODIESEL IN THE STATE FOR
ETHANOL OR BIODIESEL PRODUCED ON OR AFTER DECEMBER 31, 2007.
(2) (I) FOR THE PURPOSES OF THIS SUBTITLE, A PERSON THAT HOLDS
A CONTROLLING INTEREST IN MORE THAN ONE ETHANOL PRODUCTION FACILITY IS
CONSIDERED TO BE A SINGLE ETHANOL PRODUCER
(II) FOR THE PURPOSES OF THIS SUBTITLE, A PERSON THAT HOLDS
A CONTROLLING INTEREST IN MORE THAN ONE BIODIESEL PRODUCTION FACILITY IS
CONSIDERED TO BE A SINGLE BIODIESEL PRODUCER.
(B) (1) FOR AN ETHANOL PRODUCER, A CREDIT MAY NOT EXCEED THE
MAXIMUM AMOUNT CERTIFIED BY THE BOARD AND SHALL BE:
(I) 20 CENTS PER GALLON OF ETHANOL PRODUCED FROM SMALL
GRAINS; AND
(II) 5 CENTS PER GALLON OF ETHANOL PRODUCED FROM OTHER
AGRICULTURAL PRODUCTS.
(2) FOR A BIODIESEL PRODUCER, A CREDIT MAY NOT EXCEED THE
MAXIMUM AMOUNT CERTIFIED BY THE BOARD AND SHALL BE:
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- 1652 -
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