(a) (1) The Board may pay credits as calculated under this section to certified producers of ethanol or biodiesel in the State for ethanol or biodiesel produced on or after December 31, 2007. (2) (i) For the purposes of this subtitle, a person that holds a controlling interest in more than one ethanol production facility is considered to be a single ethanol producer. (ii) For the purposes of this subtitle, a person that holds a controlling interest in more than one biodiesel production facility is considered to be a single biodiesel producer. (b) (1) For an ethanol producer, a credit may not exceed the maximum amount certified by the Board and shall be: (i) 20 cents per gallon of ethanol produced from small grains; and (ii) 5 cents per gallon of ethanol produced from other agricultural products. (2) For a biodiesel producer, a credit may not exceed the maximum amount certified by the Board and shall be: (i) 20 cents per gallon of biodiesel produced from soybean oil produced: 1. In a facility that began operating after December 31, 2004; or 2. Under the expanded capacity of a facility, the expansion of which occurred after December 31, 2004; and (ii) 5 cents per gallon of biodiesel produced from other feedstock, including soybean oil produced in a facility that began operating on or before December 31, 2004. (c) The Board may not pay a credit for ethanol or biodiesel produced after December 31, 2017.
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