State legislation (Minnesota Statutes § 239.77, Subd. 2(b)) required the commissioners of those agencies to determine whether four statutory conditions had been met before increasing the minimum biodiesel content mandate to a planned B10 in 2012 and to B20 in 2015.

These conditions are:

• an American Society for Testing and Materials specification or equivalent federal standard exists for the next minimum diesel-biodiesel blend;

• a sufficient supply of biodiesel is available and the amount of biodiesel produced in this state from feedstock with at least 75 percent that is produced in the United States and Canada is equal to at least 50 percent of anticipated demand at the next minimum content level;

• adequate blending infrastructure and regulatory protocol are in place in order to promote biodiesel quality and avoid any potential economic disruption; and

• at least five percent of the amount of biodiesel necessary for that minimum content level will be produced from a biological resource other than an agricultural resource traditionally grown or raised in the state, including, but not limited to, algae cultivated for biofuels production, waste oils, and tallow.

Biodiesel produced from palm oil is not biodiesel funder the legislation, unless the palm oil is contained within waste oil and grease collected within the United States or Canada.

Via the letter, the Commissioners gave notice that all four conditions have been satisfied.