Title 17, Energy
9 chapters · 40 sections in this title.
N.D.C.C. § 17-06-01 Definitions
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As used in this chapter: 1. "Council" means the North Dakota ethanol council. 2. "Producer" means the owner of a facility that is located in this state and which produces annually more than one million gallons of agriculturally derived denatured ethanol that is suitable for blend…
N.D.C.C. § 17-06-02 Council - Membership - Election - Term
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1. The council consists of one individual appointed by each producer. 2. Each member of the council must be employed by a producer in the state. 3. The term of each member is four years and begins on April first following the members' appointment. The terms must be staggered by t…
N.D.C.C. § 17-06-03 Election of chairman - Meetings
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1. Annually, the council shall elect one member to serve as the chairman. 2. The chairman shall call all meetings of the council and shall call a special meeting of the council within seven days when petitioned to do so by three council members.
N.D.C.C. § 17-06-04 Council members - Compensation
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Each member of the council is entitled to receive compensation in the amount established by the council, but not exceeding one hundred thirty-five dollars per day plus reimbursement for expenses as provided by law for state officers if the member is attending meetings or performi…
N.D.C.C. § 17-06-05 Council - Powers
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1. The council may: a. Expend moneys collected pursuant to this chapter for its administration; b. Employ, bond, and compensate necessary personnel; c. Accept gifts, grants, and donations of money, property, and services to carry out this chapter; d. Contract with any person for …
N.D.C.C. § 17-06-06 Council - Duties
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1. The council shall determine the uses to which any moneys raised under this chapter may be expended. The uses may include: a. The funding of research, education programs, promotion, and market development efforts; and b. The support of state, regional, national, and internation…
N.D.C.C. § 17-06-07 Assessment
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An assessment at the rate of three one-hundredths of one cent per gallon is imposed upon all ethanol produced and sold in this state.
N.D.C.C. § 17-06-08 Calculation of assessment - Records
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1. Each producer shall calculate the assessment imposed by section 17-06-07 at the time of sale. 2. Each producer shall keep documents regarding its ethanol production and sales for a period of three years. The producer shall make these records available to the council for examin…
N.D.C.C. § 17-06-09 Submission of assessments - Civil penalty
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1. Each producer shall forward to the council all assessments imposed by section 17-06-07 within thirty days after the conclusion of each calendar quarter. 2. If a producer fails to submit the assessments as required by this section, the council may impose a penalty equal to ten …
N.D.C.C. § 17-06-10 Refund of assessment
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1. To receive a refund of any assessment paid in accordance with this chapter, a producer shall submit to the council a written request for a refund application within sixty days after the conclusion of each calendar quarter. 2. The producer shall complete the refund application …
N.D.C.C. § 17-06-11 Expenditure of funds
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The council shall approve all expenditures made pursuant to this chapter. The expenditures must be recorded as directed by the office of management and budget.
N.D.C.C. § 17-06-12 Continuing appropriation
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The council shall forward all moneys received under this chapter to the state treasurer for deposit in the ethanol fund. All moneys in the ethanol fund are appropriated on a continuing basis to the council to carry out this chapter.
N.D.C.C. § 17-06-13 Penalty
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Any person willfully violating this chapter is guilty of a class B misdemeanor.