North Dakota Code § 4.1-01-21.2

Low-carbon fuels fund - Continuing appropriation
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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.

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