§ 15-13-302 - Production incentives for alternative fuels producers.
               	 		
15-13-302.    Production incentives for alternative fuels producers.
    (a)  The  Arkansas Alternative Fuels Development Program shall include a grant  incentive program for alternative fuels producers based on the gallonage  production of alternative fuels as provided in this section.
(b)  The program shall include grants for:
      (1)  Capital  improvements made after January 1, 2007, for the construction,  modification, alteration, or retrofitting of an alternative fuels  production facility located and operated in Arkansas; and
      (2)  Operations  costs after January 1, 2007, for the operation of an alternative fuels  production facility located and operated in Arkansas.
(c)  The  Arkansas Agriculture Department shall create a grant application  process for alternative fuels producers for capital improvements that  includes:
      (1)  An application for a grant under this subsection (c) that shall include at a minimum:
            (A)  The expected gallonage production of alternative fuels at the facility;
            (B)  A narrative description of the intended use of the grant moneys; and
            (C)  Evidence sufficient to satisfy the department that the applicant has the capacity to complete the proposed project;
      (2)  Instructions about the grant process;
      (3)  Scoring procedures to determine the award of the grants; and
      (4)  Other factors that the Secretary of the Arkansas Agriculture Department deems necessary.
(d)  The department shall create a grant application process for alternative fuels producers for operations costs that includes:
      (1)  An application for a grant under this subsection (d) shall include at a minimum:
            (A)  The expected gallonage production of alternative fuels at the facility; and
            (B)  Evidence  sufficient to satisfy the department that the applicant has the  capacity to operate during the applicable grant period;
      (2)  Instructions about the grant process;
      (3)  Scoring procedures to determine the award of the grants; and
      (4)  Other factors that the secretary deems necessary.
(e)    (1)  The department shall prepare an annual progress report on grant assistance made under this section.
      (2)  The report shall include:
            (A)  The amount of each grant;
            (B)  The purpose of each grant;
            (C)  How grant funds were expended by the grant recipient;
            (D)  The results produced or the progress made;
            (E)  The revenues produced;
            (F)  Tonnages of feedstock materials used; and
            (G)  The gallonage of alternative fuels produced.
      (3)  The  report for each state fiscal year shall be filed by June 30 of the  following fiscal year with the office of the Governor and the  Legislative Council.
(f)    (1)  The  secretary shall make cash payments to an alternative fuels producer  that qualifies as a grant recipient under this section in an amount not  to exceed twenty cents (20cent(s)) per gallon of alternative fuels  produced.
      (2)  The payment to an alternative fuels producer under this section shall be for the annual production of alternative fuels.
(g)    (1)  The  department shall not award a grant in an amount that exceeds two  million dollars ($2,000,000) to any one (1) alternative fuels producer  in any one (1) fiscal year.
      (2)  An  entity that holds a controlling interest in more than one (1)  alternative fuels production facility is considered one (1) alternative  fuels producer under this section.
(h)  Nothing  in this section shall limit a grant recipient under this section from  applying for or receiving a production incentive for feedstock  processors under    15-13-303.