AMENDMENT FOR PRINTED BILL
141fc
___________________ moved that SB 141 be amended as follows:
On page 3, line 16, of the printed bill, after "." insert "If a facility is unable to distill ethyl
alcohol due to a force majeure, the payment shall be based on claims submitted for that month in the
previous year. For purposes of this section, the term, force majeure, means any cause or event that
renders a facility wholly or partly unable to produce ethyl alcohol and is neither reasonably within
the control of the facility nor the result of the fault or negligence of the facility. The term includes
natural disasters, accidents, and acts of any governmental authority.".
On page 4, line 10, delete "Seventy-one" and insert "Sixty-four and six-tenths".
On page 4, line 15, delete "Seven" and insert "Six and four-tenths".
On page 4, line 17, delete "Twenty-two" and insert "Twenty-nine".
On page 5, line 21, delete "twenty-eight" and insert "forty-one".
On page 5, line 22, delete "seventy-two" and insert "fifty-nine".
On page 6, between lines 1 and 2, insert:
" Section 9. That the code be amended by adding a NEW SECTION to read:
If the balance of the petroleum release compensation fund is less than two million dollars
following a monthly deposit pursuant to § 34A-13-20, a transfer shall be made from the state
highway fund to the petroleum release compensation fund in an amount that brings the balance of
the petroleum release compensation fund to two million five hundred thousand dollars. Following
a monthly deposit pursuant to § 34A-13-20, any balance above four million dollars in the petroleum
release compensation fund shall be transferred to the state highway fund.
Section 10. That § 10-47B-164.1 be repealed.
10-47B-164.1. There is hereby established the ethanol infrastructure incentive fund to receive
funds transferred from the ethanol fuel fund pursuant to § 10-47B-164. Any money in the ethanol
infrastructure incentive fund is continuously appropriated for the following purposes:
(1) To award incentive grants to motor fuel retail dealers as defined in § 10-47B-3 for the
purpose of entering into contracts for the purchase or installation, or for the purchase and
installation, of ethanol blender pumps and associated piping and storage systems and
related equipment to be used at facilities operated by the motor fuel retail dealers for the
sale of motor fuel to the public;
(2) To award incentive grants to motor fuel retail dealers as defined in § 10-47B-3 for the
purpose of entering into contracts for the purchase, or the purchase, of pumps and pump
equipment authorized to dispense gasoline containing up to and including eighty-five
percent ethanol;
(3) To award incentive grants to encourage the purchase of flex fuel vehicles;
(4) To encourage the increased use of ethanol in South Dakota; and
(5) To otherwise encourage the installation of infrastructure related to sale and distribution
of ethanol.
The Governor's Office of Economic Development shall establish, by rules promulgated pursuant
to chapter 1-26, such regulations and procedures as are necessary to implement this section. For the
purposes of this section, the term, ethanol blender pump, refers to a mechanism provided by the retail
dealer for the dispensing at retail as defined in § 10-47B-3 of ethanol blend so that the end user may
choose a particular grade of ethanol to gasoline to be dispensed. The Governor's Office of Economic
Development may use up to five percent of any amount appropriated to the ethanol infrastructure
incentive fund for administration of the fund or any incentive programs established by this section.
Section 11. That § 10-47B-164.2 be repealed.
10-47B-164.2. The Governor's Office of Economic Development may promulgate rules pursuant
to chapter 1-26 concerning the ethanol infrastructure incentive fund as follows:
(1) The submission of grant applications for the ethanol infrastructure incentive fund;
(2) Eligibility criteria for grants from the ethanol infrastructure incentive fund;
(3) Application procedures for grants from the ethanol infrastructure incentive fund;
(4) Criteria for determining which applicants will receive grants from the ethanol
infrastructure incentive fund; and
(5) Follow-up reporting to the Governor's Office of Economic Development by grant
recipients.
Section 12. Sections 10 and 11 of this Act are effective on July 1, 2017.".
On page 6, line 2, delete "sections 3 to 8" and insert "sections 3 to 9".