To enact section 122.076 of the Revised Code to create an ethanol and biodiesel producer grant program.

Section 1.  That section 122.076 of the Revised Code be enacted to read as follows:

Sec. 122.076.  (A) As used in this section:

(1) "Biodiesel" means a mono-alkyl ester combustible liquid fuel that is derived from vegetable oils or animal fats, or any combination of those reagents, and that meets American society for testing and materials specification D6751-03a for biodiesel fuel (B100) blend stock distillate fuels.

(2) "Ethanol" has the same meaning as in section 5733.46 of the Revised Code.

(3) "Producer" means a person who operates an ethanol or biodiesel plant in this state.

(B) For the purpose of assisting producers in this state, the director of development shall establish an ethanol and biodiesel producer grant program under which the director may make grants to producers for the purpose of assisting the producers in expanding their production capacity, making facility improvements, and improving competitiveness.

(C) The director, in consultation with the director of agriculture, shall adopt rules in accordance with Chapter 119. of the Revised Code that are necessary for the administration of the program. The rules shall establish at least all of the following:

(1) An application form and procedures governing the application process for a grant under the program;

(2) A procedure for prioritizing the awarding of grants under the program;

(3) Procedures for registering producers that have applied for a grant under the program;

(4) Any other criteria, procedures, and guidelines that the director determines are necessary to administer the program.

(D) In order to be eligible for a grant under the program, a producer shall apply to the director of development for the registration of the producer's plant. A producer may apply for the registration of more than one plant. An application for the registration of a plant shall demonstrate to the satisfaction of the director that all of the following apply:

(1) The plant is capable of producing ethanol or biodiesel.

(2) The producer has made substantial investment of resources in this state in connection with the plant.

(3) The plant constitutes a permanent fixture in this state.

The director shall register each plant that qualifies under this division.

(E) There is hereby created in the state treasury the ethanol and biodiesel producer grant fund. The fund shall consist of money that is appropriated to it by the general assembly. Money in the fund shall be used to make grants under the ethanol and biodiesel producer grant program and by the director in the administration of that program.