SF4364

Purpose

• Clarify and modernize several provisions overseen by the Department of Commerce.
• Update definitions related to ethanol and rural economic infrastructure.
• Harmonize fuel and energy standards with current industry practice.
• Introduce new regulatory requirements for lenders, insurance reporting, and bank charters.
• Strengthen Minnesota’s approach to biofuels and gasoline composition, including restrictions on certain oxygenates.

Key Definitions (definitions that frame the bill)

• Ethanol: Fermentation ethyl alcohol from agricultural products (e.g., potatoes, grains, whey, sugar beets) meeting specified standards and denatured as required.
• Ethanol plant: A facility where ethanol is produced.
• Commissioner: The commissioner of agriculture for ethanol-related definitions, with implications for rural infrastructure.
• Rural economic infrastructure: Development aimed at adding value to agricultural products and byproducts, improving processing and marketing, and supporting wind energy or other farm-based activities in Minnesota.

Main Provisions

• Section on Bank Charters (Sec. 2)

  • Restates issuance criteria for a new bank charter: good moral character, reasonable public demand, sufficient probable volume, solvency of the new and existing banks, safe management, and available capital funds.
  • Allows denial with stated grounds and provides for judicial review.

• Usury/Interest Rates for Depository Institutions (Sec. 3)

  • Sets an interest rate cap for loans or discounts, specifying a limit of not more than a stated percentage above the discount rate for certain short-term obligations (e.g., 90-day paper).

• Bank Consolidations and Mergers (Sec. 4)

  • Outlines stockholder approval requirements and the commissioner’s role in issuing a certificate documenting compliance and the new corporate structure.
  • Specifies the surviving entity’s name, location, and initial board details, with the certificate serving as prima facie evidence of compliance.

• Lenders Registration (Sec. 5)

  • Beginning January 1, 2025, lenders must register with the commissioner before offering services in Minnesota.
  • Registrations require basic information about the lender, officers and owners, and other info the commissioner may require.
  • Registration and renewal are annual; the commissioner can set procedures and fees (including use of the Nationwide Multistate Licensing System and Registry, and fees for postsecondary education institutions that offer student loans).

• Insurance Company Reporting (Secs. 6–7)

  • Annual Statement: Requires verified NAIC annual statements for all lines of insurance, with specific filing windows and adherence to NAIC manuals unless the commissioner allows alternatives.
  • Quarterly Statements: Minnesota domestic insurers may be required to file quarterly statements with the commissioner and NAIC.
  • Filing Requirements: Statements may focus on U.S. business unless otherwise justified; schedules must support assessments and taxation; commissioner may require additional information.

• Filing Deadlines and Extensions (Sec. 8)

  • Allows extensions of filing deadlines for insurers upon written request and evidence of imminent hardship.

• Gasoline, Biofuels, and Related Fuels (Secs. 9–34)

  • Comprehensive update to gasoline and fuel definitions and standards, aligning Minnesota statutes with current ASTM specifications.
  • Prohibitions on certain nonethanol oxygenates in gasoline:
  • MTBE (methyl tert-butyl ether), ETBE (ethyl tert-butyl ether), and TAME (tertiary amyl methyl ether) may not be present beyond specified thresholds after set dates.
  • Denatured ethanol and ethanol blends:
  • Defines denatured ethanol; sets rules for gasoline-ethanol blends, including volatility requirements and compliance with ASTM standards.
  • Biodiesel and biodiesel blends:
  • Defines biodiesel fuel and biodiesel blends (including B100 and blends such as those used in on/off-road diesel).
  • E85 and M85:
  • Defines E85 (up to 85% ethanol) and M85 (up to 85% methanol) as motor fuels for alternative-fuel vehicles, with applicable ASTM standards.
  • Aviation fuels:
  • Defines aviation gasoline and aviation turbine/jet fuels, with applicable ASTM specifications.
  • Heating oil, kerosene, and diesel:
  • Sets or clarifies standard specifications (e.g., ASTM D396 for heating oil, D3699 for kerosene, D975 for diesel) and how biodiesel components can be blended.
  • Palm oil provision:
  • Palm oil used for biodiesel is restricted unless it is contained in waste oil and grease collected within the U.S. or Canada.
  • General gasoline rules:
  • Gasoline must meet basic impurity and volatility standards, and gasoline not blended with ethanol must comply with specified ASTM standards.
  • After sale, blending with nonethanol oxygenates other than denatured ethanol is prohibited.
  • Other fuel categories:
  • Heating fuel oil, diesel fuel oil, kerosene, biodiesel blends, and other aviation and turbine fuels have updated definitions consistent with ASTM standards.
  • Cross-reference with existing statutes:
  • Numerous sections update cross-references to ensure consistency with the 2024 and 2025 supplement statutes and recognized ASTM standards.

Significant Changes and Impacts

• Commerce Department and energy

  • The bill makes a broad set of technical amendments to energy/fuel statutes to align with current industry standards (ASTM) and to tighten regulatory controls on biofuels and oxygenates.
  • Introduces a more explicit framework for denatured ethanol and ethanol blends, including ethanol-related infrastructure considerations (rural economic infrastructure).

• Banking and financial regulation

  • Reiterates bank charter standards, adding explicit grounds for denial and a pathway for judicial review.
  • Establishes a new, centralized requirement for lenders to register with the state, with potential dependencies on national licensing systems and fees.
  • Updates reporting requirements for insurance-related entities, aligning with national standards and adding quarterly reporting.

• Environmental and consumer fuel standards

  • Prohibits certain nonethanol oxygenates in gasoline, a policy that could affect the composition of gasoline sold in Minnesota.
  • Standardizes fuel definitions (gasoline, diesel, heating oil, kerosene, aviation fuels) to align with ASTM specifications and keep Minnesota in line with national testing and performance standards.
  • Promotes ethanol and biodiesel use through explicit definitions and blend standards (E85, M85, B100), while setting restrictions on palm-oil-derived biodiesel.

• Rural economic policy

  • Embeds a new emphasis on rural economic infrastructure in the ethanol context, potentially guiding state investments and incentives toward value-added processing and marketing of agricultural products and wind energy.

Practical Effects to Expect

• Businesses and lenders

  • Lenders must register with the state and may face annual renewal and fee requirements; the process may use the national licensing system.
  • Banks could face clarified standards for charter issuance and potential denials, with administrative review processes.

• Insurance entities

  • Required NAIC-based reporting with specified timelines; possible administrative overhead for annual and quarterly statements.

• Fuel producers, distributors, and retailers

  • Must ensure fuels comply with updated ASTM standards (D4814, D975, D396, D1655, D5798, etc.) and with new rules about oxygenates.
  • May need to adjust fuel blends and product labeling to reflect allowable biodiesel, ethanol blends (E85, M85), and restrictions on palm oil biodiesel.
  • Changes could affect gasoline formulations, storage, and dispensing infrastructure.

• Consumers

  • Potential changes in fuel composition and availability, particularly regarding oxygenates and ethanol blends.

Summary of High-Level Intent

• Modernize and standardize commerce-related regulations, with a strong emphasis on renewable fuel standards and the promotion of rural economic infrastructure.
• Strengthen regulatory oversight of lenders and insurers.
• Align Minnesota’s fuel specifications with current national standards while restricting certain additives (nonethanol oxygenates) in gasoline.

Relevant Terms - Ethanol - Ethanol plant - Rural economic infrastructure - Biodiesel (B100, biodiesel blends) - E85 and M85 - Nonethanol oxygenates (MTBE, ETBE, TAME) - Denatured ethanol - ASTM specifications (D4814, D975, D396, D1655, D5798, D6227, D6751, D4814/D4814, D4814) - Aviation gasoline and aviation turbine/jet fuels - Heating oil - Kerosene - Diesel fuel oil - Palm oil ( biodiesel context) - Lenders registration and NMLS - NAIC annual/quarterly statements - Bank charter criteria - Usury/interest rate cap (relative to the discount rate)