N.D. Cent. Code § 4.1-01-21.2

4.1-01-21.2. Low-carbon fuels fund - Continuing appropriation

1. The low-carbon fuels fund is created as a special fund in the state treasury. The fund

consists of all moneys transferred to the fund under section 39-04-39. The moneys in

the fund are appropriated to the commissioner on a continuing basis to distribute

low-carbon fuels incentives and carbon intensity verification under this section.

2. The commissioner shall distribute low-carbon fuels incentives to ethanol production

facilities for eligible capital projects that increase the efficiency of a facility and

decrease the carbon intensity of the production process. Distributions of low-carbon

fuels incentives to an ethanol production facility are limited to fifty percent of the cost of

eligible capital projects and may not exceed:

a. Three million dollars per biennium;

b. Cumulative distributions of ten million dollars per facility; and

c. A period of ten years beginning with the first distribution to the facility.

3. For purposes of this section, "eligible capital projects" means construction of new

infrastructure or replacement of existing infrastructure for carbon dioxide capture and

storage, beneficial use of carbon dioxide, energy efficiency enhancements, or ethanol

yield improvements.

4. The commissioner may use up to one million dollars from the fund to contract with an

entity to develop a carbon intensity verification process.

5. At least once per biennium, the commissioner shall provide a report to the legislative

management regarding the status of the fund, including the revenues deposited in the

fund, the low-carbon fuels incentives distributed from the fund, and the balance of the

fund.