CHAPTER 54-63
RENEWABLE ENERGY COUNCIL
54-63-00.1. Definitions. As used in this chapter, "advanced biofuel" means fuel derived
from renewable biomass and includes:
1.
Biofuel derived from cellulose, hemicellulose, or lignin;
2.
Biofuel derived from sugar and starch other than ethanol derived from corn kernel<br>starch;
3.
Biofuel derived from waste material, including crop residue, other vegetative waste<br>material, animal waste, food waste, and yard waste;
4.
Diesel-equivalent fuel derived from renewable biomass, including vegetable oil and<br>animal fat;
5.
Biogas, including landfill gas and sewage waste treatment gas, produced through<br>the conversion of organic matter from renewable biomass;
6.
Butanol or other alcohols produced through the conversion of organic matter from<br>renewable biomass; and
7.
Other fuel derived from cellulosic biomass.
54-63-01. Renewable energy council - Composition. The industrial commission shall
consult with the renewable energy council in matters of policy affecting the administration of the<br>renewable energy development fund.
1.
The renewable energy council consists of:
a.
The commissioner of commerce or the commissioner's designee.
b.
A member with a substantial interest in the agriculture industry appointed by the<br>governor.
c.
A member with a substantial interest in the biodiesel industry appointed by the<br>governor representing biodiesel interests.
d.
A member with a substantial interest in the biomass industry appointed by the<br>governor representing biomass interests.
e.
A member with a substantial interest in the wind industry appointed by the<br>governor representing wind interests.
f.
A member with a substantial interest in the ethanol industry appointed by the<br>governor representing ethanol interests.
g.
A member with a substantial interest in advanced biofuel and sugar-based<br>biofuel, appointed by the governor.
2.
Subject to subsection 6, the terms of office for members of the council are three<br>years but of those first appointed, two serve for one year, two serve for two years,<br>and two serve for three years.
3.
The commissioner of commerce shall serve as chairman.
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4.
The council shall have at least one regular meeting each year and such additional<br>meetings as the chairman determines necessary at a time and place to be fixed by<br>the chairman. Special meetings must be called by the chairman on written request<br>of any three members. Four members constitute a quorum.
5.
The council shall recommend to the industrial commission the approval of grants,<br>loans, or other financial assistance necessary or appropriate for funding, research,<br>development, marketing, and educational projects or activities and any other matters<br>related to this chapter.
6.
Members of the council serve at the pleasure of the governor.
54-63-02. Access to council records.
1.
Materials and data submitted to, or made or received by, the council or industrial<br>commission, to the extent that the council or industrial commission determines the<br>materials or data consist of trade secrets or commercial, financial, or proprietary<br>information of individuals or entities applying to or contracting with the commission<br>or receiving council or industrial commission services under this chapter, are subject<br>to section 44-04-18.4.
2.
a.
A person or entity must file a request with the council or industrial commission<br>to have material designated as confidential under subsection 1. The request<br>must contain any information required by the council or industrial commission<br>and must include at least:
(1)
A general description of the nature of the information sought to be<br>protected.
(2)
An explanation of why the information derives independent economic<br>value, actual or potential, from not being generally known to other<br>persons.
(3)
An explanation of why the information is not readily ascertainable by<br>proper means by other persons.
(4)
A general description of a person or entity that may obtain economic<br>value from disclosure or use of the information, and how the person or<br>entity may obtain this value.
(5)
A description of the efforts used to maintain the secrecy of the<br>information.
b.
The fact that a request has been made is exempt.
3.
The information submitted pursuant to subsection 2 is confidential. The council or<br>industrial commission shall examine the request and determine whether the<br>information is relevant to the matter at hand and is a trade secret under the definition<br>in section 47-25.1-01 or 44-04-18.4.
If the council or industrial commission
determines the information is either not relevant or not a trade secret, the council or<br>industrial commission shall notify the requester and the requester may ask for the<br>return of the information and request within ten days of the notice. If no return is<br>sought, the information and request are a public record.
4.
The names or identities of independent technical reviewers on a project or program<br>and the names of council members making recommendations are confidential, may<br>not be disclosed by the council, and are not public records subject to section<br>44-04-18 or section 6 of article XI of the Constitution of North Dakota.
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54-63-03. Industrial commission powers.
1.
The industrial commission may:
a.
Make grants or loans, and provide other forms of financial assistance as<br>necessary
or
appropriate,
to
qualified
persons
for
funding
research,
development, marketing, and educational projects or activities, feasibility<br>studies, applied research and demonstrations, venture capital investments, and<br>low-interest loans and loan buydowns to foster the development of renewable<br>energy, including wind, biofuels, biomass, solar, hydroelectric, geothermal, and<br>hydrogen, that is produced from the foregoing renewable energy sources. Any<br>financial assistance that the commission awards to a project must not be the<br>project's sole support. Any financial assistance the commission awards must<br>be conditioned on the assurance that the applicant or a third party will support<br>the project by either monetary or nonmonetary means. The amount of this<br>additional support is at the commission's discretion.
b.
Provide incentives for multifeed facilities to process corn ethanol, cellulosic<br>ethanol, canola biodiesel, and soy biodiesel.
c.
Provide incentives for scaleable technologies.
d.
Provide incentives to increase research and utilization of renewable energy<br>coproduct utilization for livestock feed, human food products, and industrial use<br>technologies.
e.
Execute contracts and all other instruments necessary or convenient for the<br>performance of its powers and functions under this chapter.
f.
Accept aid, grants, or contributions of money or other things of value from any<br>source, to be held, used, and applied to carry out this chapter, subject to the<br>conditions upon which the aid, grants, or contributions are made, including aid,<br>grants, or contributions from any department, agency, or instrumentality of the<br>United States for any purpose consistent with this chapter.
g.
Establish interest buydown programs for equipment needed for production,<br>harvest, storage, and transport under the special private lands open to<br>sportsmen pilot program for native grass stands.
h.
Fund technical assistance from the university system and private entities to<br>producers.
i.
Establish incentive programs that have as their purpose demonstrating to the<br>agriculture community the commercial feasibility of producing, harvesting,<br>storing, and delivering biomass feedstock. The program may include providing<br>funds to producers of perennial biomass crops, including native grasses, so<br>that such producers have an income during the time needed for these plants to<br>mature and become ready for harvest.
j.
Provide incentives to support research and demonstration projects and obtain<br>matching grants for projects involving advanced biofuels and sugar-based<br>biofuels.
2.
The industrial commission shall contract with the department of commerce to<br>provide technical assistance to the renewable energy council and the industrial<br>commission to carry out and effectuate the purposes of this chapter, including<br>pursuit of aid, grants, or contributions of money or other things of value from any<br>source for any purpose consistent with this chapter. The department may contract
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with a public or private third party to provide any or all of the technical assistance<br>necessary to implement the purposes of this chapter.
54-63-04. Renewable energy development fund - Continuing appropriation. The
renewable energy development fund is a special fund in the state treasury. All funds in the<br>renewable energy development fund are appropriated to the industrial commission on a<br>continuing basis for the purpose of carrying out and effectuating this chapter. Interest earned by<br>the fund must be credited to the fund.
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Document Outline
chapter 54-63 renewable energy council
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