N.D. Cent. Code § 57-38.6-01: Definitions

As used in this chapter, unless the context otherwise requires:

1."Agricultural commodity processing facility" means:

a.A facility that through processing involving the employment of knowledge and labor adds value to an agricultural commodity capable of being raised in this state; or

b.A livestock feeding, handling, milking, or holding operation that uses as part of its operation a byproduct produced at a biofuels production facility.

2."Biofuels production facility" means a corporation, limited liability company, partnership, individual, or association in this state:

a.Involved in production of diesel fuel containing at least five percent biodiesel or green diesel as defined in section 57-43.2-01;

b.Involved in the production of corn-based ethanol or cellulose-based ethanol; or

c.Involved in a soybean or canola crushing facility.

3."Director" means the director of the department of commerce division of economic development and finance.

4."Passthrough entity" has the same meaning as in section 57-38-01.

5."Qualified business" means a cooperative, corporation, partnership, or limited liability company that:

a.Is incorporated or organized in this state after December 31, 2000, for the primary purpose of being an agricultural commodity processing facility;

b.Has been certified by the insurance commissioner to be in compliance under the securities laws of this state; and

c.Has an agricultural commodity processing facility, or intends to locate one, in this state.

6."Qualified investment" means an investment in cash or an investment of a fee simple interest in real property located in this state. For purposes of this chapter, the definition of real property does not include any personal property that may become a fixture to the real property, as defined by chapter 41-09, which is added to the real property following investment of the real property in the qualified business.

7."Taxpayer" means an individual, estate, trust, corporation, or passthrough entity.