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2015 Session

Budget Amendments - HB1400 (Floor Approved)

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Correct Language Relating to Biofuels Incentive Fund (language only)

Item 101 #1h

Item 101 #1h

Commerce and Trade
Economic Development Incentive Payments

Language
Page 87, strike lines 37 through 53 and insert:
"M.1.  Out of this appropriation, $1,500,000 the first year and $1,500,000 the second year from the general fund shall be deposited into the Biofuels Production Fund established pursuant to § 45.1-393, Code of Virginia, to be used solely for the purposes of providing grants to a producer of neat biofuels commencing qualifying sales on or after January 1, 2014, but before June 30, 2014.  With the exception of the provisions of subparagraphs M.2. and M.4. of this item, grant payments from the Fund shall be made in accordance with the provisions of § 45.1-394, Code of Virginia.
2.  A producer shall be eligible for a grant from the Biofuels Production Fund established under § 45.1-393, Code of Virginia, only for each gallon of neat biofuels that it produces in the Commonwealth on or after January 1, 2014, which gallon has also been sold by the producer to customers.
3.  The Secretary of Agriculture and Forestry shall assist any producer that commences qualifying sales of neat biofuels within the period specified in subparagraph M.1. of this item in identifying potential producers of agricultural feedstock sources within 100 miles of the primary biofuels production site and shall examine the feasibility of establishing a cooperative association to meet the feedstock requirements of any such producer.  The Secretary of Agriculture and Forestry and the Secretary of Natural Resources shall work within the structure of existing funding for agricultural best management practices from the Water Quality Improvement Fund to develop additional incentives to encourage farmers to produce winter cover crops utilized in biofuels production.  
4.  As part of the certification process required pursuant to § 45.1-394 D., Code of Virginia, to be eligible for a grant pursuant to this appropriation, the producer shall also provide evidence that feedstock used in the production of the qualifying neat biofuels was derived from Virginia-grown agricultural products to the greatest extent such feedstock materials are available from Virginia sources.
5. To be eligible for a grant under this section for 2015 production of neat advanced biofuels or neat biofuels, a producer must show he has made a good faith effort to produce the same using feedstock that is not derived from corn or the corn kernel, stalk, or any other part of the plant. Further, no grant shall be awarded for neat advanced biofuels or neat biofuels produced in 2016 or thereafter using feedstock derived from corn or the corn kernel, stalk, or any other part of the plant."
Page 88, strike lines 1 through 3.


Explanation
(This amendment corrects an error contained in Chapter 3, 2015 Special Session I, whereby the incorrect language relating to the Biofuels Investment Fund was included in the budget instead of the language agreed to by the Conference Committee. The corrected language does not impact the funding levels or the program parameters agreed to pursuant to stand alone legislation passed by the 2014 Session which established the program.)