Bergeson & Campbell, P.C. (B&C®) is a Washington, D.C., law firm providing biobased and renewable chemical product stakeholders unparalleled experience, judgment, and excellence in bringing innovative products to market.

By Lynn L. Bergeson 

On January 11, 2022, Michigan State Senator Kevin Daley (R, 31st Senate District) introduced a bill focused on growing alternative fuel production in Michigan and providing cleaner and cheaper options for Michigan drivers using biofuels produced with renewable energy from Michigan farms. Senator Daley highlighted that “Biofuels are a major economic engine for rural communities across Michigan, and they help position our state to rely less on foreign oil.” Creating a five-cents-per-gallon tax credit for the sale of ethanol 15 (E-15) fuel and a 0.085-cent-per-gallon for the sale of ethanol 85 (E-85) fuel, this legislation aims to contribute to the reduction of emissions and stabilize markets for Michigan farmers that supply the corn for Michigan’s five ethanol plants. Industry stakeholders such as the Michigan Corn Growers Association demonstrated support for the introduced bill, stating that COVID-19 had a large impact on family farmers and small business owners.


 

By Lynn L. Bergeson 

On December 29, 2021, the Kentucky Commissioner of Agriculture, Dr. Ryan Quarles, announced that eligible Kentucky companies can now apply to the state’s Renewable Chemical Production Program. This program provides tax credits for capital investment, job creation, and the production of more than 30 chemicals derived from biomass feedstocks. These chemicals are limited to building block chemicals with a biobased content percentage of at least 50 percent, except for chemicals sold or used for the production of food, feed, or fuel. A complete list of chemicals and company eligibility requirements can be found at https://apps.legislature.ky.gov/law/kar/302/004/010.pdf. To learn more about Kentucky’s Renewable Chemical Production Program or to request an application, contact Tim Hughes at .(JavaScript must be enabled to view this email address). Completed applications, along with a $500 compliance fee, are due by January 15, 2022.


 

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

On October 7, 2021, the California Department of Toxic Substances Control (DTSC) announced that the Green Ribbon Science Panel (GRSP) will hold a meeting from 12:00 p.m. to 3:00 p.m. (EDT) on November 5, 2021. The meeting will focus on microplastic research and policy.
 
GRSP was established to act as a resource for the implementation of California’s Green Chemistry Law. GRSP provides technical advice to the DTSC Director and the California Environmental Policy Council (CEPC) on scientific matters related to the development of policy recommendations and implementation strategies on green chemistry and chemicals through DTSC’s Safer Consumer Products (SCP) program. Additional topics covered by GRSP as the SCP program continues to expand include:


 

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

On October 7, 2021, the California Department of Toxic Substances Control (DTSC) announced that the Green Ribbon Science Panel (GRSP) will hold a meeting from 12:00 p.m. to 3:00 p.m. (EDT) on November 5, 2021. The meeting will focus on microplastic research and policy.
 
GRSP was established to act as a resource for the implementation of California’s Green Chemistry Law. GRSP provides technical advice to the DTSC Director and the California Environmental Policy Council (CEPC) on scientific matters related to the development of policy recommendations and implementation strategies on green chemistry and chemicals through DTSC’s Safer Consumer Products (SCP) program. Additional topics covered by GRSP as the SCP program continues to expand include:


 

By Lynn L. Bergeson

On June 4, 2020, the Missouri Agricultural and Small Business Development Authority (MASBDA) announced the creation of the Biofuel Infrastructure Program (BIP). Designed to increase the availability of higher blends of ethanol and biodiesel in Missouri, BIP partners with private entities to support biofuel producers in applying for U.S. Department of Agriculture (USDA) Rural Development’s Higher Blends Infrastructure Investment Program (HBIIP) funding. The MASBDA Board of Directors has allocated up to $2 million statewide in grant funds. The maximum grant amount is $200,000 for each business entity and can be used to fulfill up to 25 percent of the cash match obligation required for HBIIP. Eligible project costs include but are not limited to:

  • Retrofitting of existing, or purchase and installation of new, fuel dispensers (gas and/or diesel pumps) and attached equipment, underground storage tank system components, and other infrastructure required at a location to ensure the environmentally safe availability of fuel containing ethanol blends greater than 10 percent or fuel containing biodiesel blends greater than 5 percent;
     
  • Construction, retrofitting, replacement, and improvements;
     
  • Fees for construction permits and licenses; and
     
  • Professional service fees for qualified consultants, contractors, installers, and other third-party services.

The application deadline for these grants is July 1, 2020. A non-refundable fee of $150 must accompany applications up to $25,000, and a fee of $300 for applications of $25,000 and over. For funded grants, an administrative fee of 10 percent of the grant amount will be assessed when the contract is executed. Further information can be accessed here, and the application here.

MASBDA Executive Director, Jill Wood, expressed enthusiasm for the newly created BIP, stating that her team at MASBDA “is excited to stand in the financial gap that may help some agribusinesses from applying these federal funds.”


 

By Lynn L. Bergeson

The Iowa Economic Development Authority (IEDA) is offering the first Renewable Chemicals Production (RCP) Tax Credit in the United States. What does this mean? It means that the program provides an opportunity for industry stakeholders to advance Iowa’s economy through a focus on biomass as a feedstock for the production of renewable chemicals. As an attempt to incentivize the production of 30 high-value chemicals derived from biomass feedstocks, IEDA developed the RCP Tax Credit program to “capitalize on its resources and infrastructure and to capture the renewable chemical manufacturing industry.” IEDA is offering tax credit of $0.05 per pound of renewable chemical produced. Start-ups can receive up to $1 million in credit, and established businesses can earn up to $500,000. Applications are open until March 15, 2020, for chemicals produced in 2019.


 

By Lynn L. Bergeson

On February 10, 2020, the Governor of Wyoming, Mark Gordon, delivered his 2020 State of the State Address, which included a request to lawmakers of a $25 million investment to establish the Energy Commercialization Program. The program is designed to provide a coordinated approach to support research on technologies that advance zero or net-negative carbon uses for coal and other fossil fuels. Gordon stated: “Wyoming will always advocate for our industries, whether it be to protect against unconstitutional restraint of trade, or in their endeavors to deliver cleaner, more dependable, more affordable, and safer energy to our nation.” While supporting coal mines and preventing them from closing, Gordon seeks to build a carbon capture and sequestration facility in Wyoming. Criticizing states such as California, Oregon, and Washington, Gordon went as far as stating that Wyoming will require true carbon dioxide sequestration and “not just some artificial notion that wind and solar can cure climate change all by themselves.” The Wyoming Governor also urged lawmakers to support legislation that would require all new electric generation capacity in the state to be reliable, consistent, and reasonably net carbon negative.


 

By Lynn L. Bergeson

The New York State Department of Environmental Conservation (NYSDEC) will hold a public meeting on February 24, 2020, at 1 p.m. (EST) in Albany, New York, “to discuss amendments to the household cleansing product rules that are being considered for adoption.” According to NYSDEC, amendments include specifying what information must be reported about covered products and their ingredients, how information should be shared with NYSDEC for the public record, the type of studies that must be reported, and how confidential business information (CBI) should be handled. NYSDEC states that during the meeting, it “is looking for input on disclosure of nonfunctional ingredients, issues around confidential information, how to disclose when a product’s formulation temporarily changes, and any other regulatory concerns.” Registration is required to attend the meeting. NYSDEC notes that it “will hold a formal public comment period at a later date once it officially proposes the regulations.”

As reported in Bergeson & Campbell, P.C.’s (B&C®) September 4, 2019, blog item, on August 27, 2019, the State of New York Supreme Court invalidated the Household Cleansing Product Information Disclosure Program (Disclosure Program). Information related to NYSDEC’s prior delay of its enforcement of its Disclosure Program is available here, and general information regarding the Program and its extensive requirements for manufacturers of certain consumer cleaning products to disclose information regarding the ingredients in those products is available here. The court found that the Disclosure Program was established in violation of the State Administrative Procedure Act (SAPA) and the New York State Constitution. In making this finding, the court held that the Program was a “rule” as argued by Petitioners and not “guidance” for which adherence to SAPA was not required, as argued by NYSDEC. A more detailed analysis and commentary are available in our August 30, 2019, memorandum, “NY Department of Environmental Conservation Household Cleansing Product Information Disclosure Program Ruled ‘Null and Void.’


 

By Lynn L. Bergeson

On December 3, 2019, Governor of Iowa, Kim Reynolds, signed an Executive Order that requires all new contracts for the purchase of state vehicles with diesel engines to have written support from the manufacturer to use B20 biodiesel (a mix of 20 percent biodiesel and 80 percent petroleum-based diesel) or more. The Iowa Department of Transportation (DOT) started using biodiesel blends in 1994. B20 is used for most of the year already, in most equipment with a diesel engine, including motor graders and snowplows, among others. Largely contributing to Iowa’s job market and accounting for $568 million of the state’s gross domestic product (GDP), Iowa’s biodiesel plants increased their biodiesel production by 20 percent by the end of 2018. Governor Reynolds stated: “Ethanol and biodiesel remain essential to the health of the agricultural economy, sustainable environmental commitments and employ thousands of Iowans. I am proud to stand alongside Iowa Farm Bureau and key stakeholders in the renewable fuels industry to secure the continued demand for biofuels.”

Tags: Iowa, Biofuel, B20, DOT

 

By Lynn L. Bergeson and Ligia Duarte Botelho, M.A.

On October 2, 2019, the Governor of Minnesota, Tim Walz, announced that applications are now open for all 15 seats on the Governor’s Biofuels Council.  Established in September 2019 by Governor Walz, the Governor’s Biofuels Council advises the Governor and cabinet on how best to support Minnesota’s biofuels industry. Council members will include representatives of agriculture, biofuels, and transportation industries and environmental and conservation groups.  The Governor’s Biofuels Council is tasked with creating a report to advise the Governor and cabinet on the best methods to expand the use of biofuels, increase the carbon efficiency of biofuels, and implement biofuels as part of Minnesota’s larger goal to reduce greenhouse gas (GHG) production in the transportation sector.  Under Governor Walz’s September 16, 2019, Executive Order, the Governor’s Biofuels Council must complete the report by November 2020.  Thus far, 30 individuals have applied, and Governor Walz encourages “Minnesotans in every corner of the state to apply and share their expertise on this critical issue.”  Interested parties can access the application here.


 
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