H-1392

   Amend House File 859 as follows:
   1.  Page 16, after line 26 by inserting: 
   <Sec. ___.  Section 159A.11, Code 2021, is amended by adding the following new subsection:
   NEW SUBSECTION.  2A.  “Ethanol fuel” means ethanol or ethanol blended gasoline.>
   2.  Page 17, line 35, by striking <(1)>
   3.  Page 18, line 2, by striking <(a)> and inserting <(a) (1)>
   4.  Page 18, line 4, by striking <(b)> and inserting <(b) (2)>
   5.  Page 18, by striking line 12.
   6.  Page 20, line 19, by striking <three-year> and inserting <five-year>
   7.  Page 20, line 20, by striking <fifty> and inserting <seventy>
   8.  Page 20, by striking line 31. 
   9.  Page 20, line 32, by striking <(1)>
   10.  Page 21, by striking line 3.
   11.  Page 22, after line 6 by inserting: 
   <Sec. ___.  Section 159A.15, Code 2021, is amended to read as follows:
   159A.15  Renewable fuel infrastructure program for biodiesel terminal facilities.
   1.  The department, under the direction of the renewable fuel infrastructure board created in section 159A.13, shall establish and administer a renewable fuel infrastructure program for terminal facilities that store, blend, and dispense biodiesel or biodiesel blended fuel biodiesel fuel or ethanol fuel. The infrastructure must be designed and shall be used exclusively to store and distribute biodiesel or biodiesel blended fuel. The department as directed by the infrastructure board shall provide a cost-share program for to award financial incentives to terminal operators participating in the program. The financial incentives must be used to improve the capacity of terminals by constructing new facilities or expanding existing facilities.
   1.  2.  A person may apply to the department to receive financial incentives on a cost-share basis. The department shall forward the applications to the underground storage tank fund board as required by that board for evaluation and recommendation. The underground storage tank fund board may rank the applications with comments and shall forward them to the infrastructure board for approval or disapproval. The department shall award financial incentives on a cost-share basis to an eligible person whose application was approved by the infrastructure board.
   2.  3.  The department shall award financial incentives to a terminal operator participating in the program as directed by the infrastructure board. In order to be eligible to participate in the program, the terminal operator must apply to the department in a manner and according to procedures required by the infrastructure board. The application must contain information required by the infrastructure board and shall at least include all of the following:
   a.  The name of the terminal operator and the address of the terminal to be improved.
   b.  A detailed description of the infrastructure to be installed, replaced, or converted.
   c.  Whether biodiesel fuel or ethanol fuel is to be stored, blended, or dispensed, and the classification for that type of fuel.
   c.  d.  A statement describing how the terminal is to be improved, the total estimated cost of the planned improvement, and the date when the infrastructure will be first used to store and distribute the biodiesel or biodiesel blended fuel or ethanol fuel.
   d.  e.  A statement certifying that the infrastructure shall not be used to store, blend, or dispense motor fuel other than biodiesel or biodiesel blended fuel or ethanol fuel as provided in the cost-share agreement, unless granted a waiver by the infrastructure board pursuant to this section.
   3.  4.  a.  An award of financial incentives to a participating person terminal operator shall be in the form of a grant. In order to participate in the program, an eligible person terminal operator must execute a cost-share agreement with the department as approved by the infrastructure board in which the person terminal operator contributes a percentage of the total costs related to improving the terminal. The financial incentives awarded to the participating person terminal operator shall not exceed be made to support the following:
   (1)  For improvements Improvements to store, blend, or dispense biodiesel fuel from subject to the following: 
   (a)  For biodiesel blended fuel classified as B-2 or higher up to but not as high as including B-99, the financial incentives shall not exceed fifty percent of the actual cost of making the improvements or fifty thousand dollars, whichever is less.
   (2)  (b)  For improvements to store, blend, and dispense biodiesel fuel from For biodiesel blended fuel classified as B-99 to or biodiesel classified as B-100, the financial incentives shall not exceed fifty percent of the actual cost of making the improvements or one hundred thousand dollars, whichever is less. However, a person shall not be awarded moneys under this subparagraph if the person has been awarded a total of eight hundred thousand dollars under this subparagraph during any period of time and pursuant to all cost-share agreements in which the person participates.
   (2)  Improvements to store, blend, or dispense ethanol blended gasoline classified as E-1 or higher or ethanol classified as E-100. The incentives shall not exceed fifty percent of the actual cost of making the improvement.
   b.  The infrastructure board may approve multiple awards to make improvements to a terminal so long as the total amount of the awards does not exceed the limitations provided in paragraph “a”.
   4.  5.  A participating terminal operator shall not use the infrastructure to store, blend, or dispense motor fuel other than biodiesel or biodiesel blended fuel or ethanol fuel as provided in the cost-share agreement, unless one of the following applies:
   a.  The participating terminal operator is granted a waiver by the infrastructure board. The participating terminal operator shall store, blend, or dispense the motor fuel according to the terms and conditions of the waiver.
   b.  The renewable fuel infrastructure fund created in section 159A.16 is immediately repaid the total amount of moneys awarded to the participating terminal operator together with a monetary penalty equal to twenty-five percent of that awarded amount. The amount shall be deposited in the renewable fuel infrastructure fund created in section 159A.16.
   c.  A participating terminal operator who acts in violation of an a cost-share agreement executed with the department pursuant to this section is subject to a civil penalty of not more than one thousand dollars a day for each day of the violation. The civil penalty shall be deposited into the general fund of the state.>
   12.  Page 22, by striking lines 15 through 25.
   13.  Page 22, line 26, by striking <b.> and inserting <a.>
   14.  Page 22, line 30, by striking <c.> and inserting <b.>
   15.  Page 23, by striking lines 1 through 9.
   16.  By renumbering as necessary.

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PAUSTIAN of Scott