Bill Text

The Biodiesel Fuel Act

Summary: An Act relating to motor fuels; requiring that diesel fuel sold in the state contain a minimum of five percent biodiesel fuel oil by volume and requiring demonstration projects, educational projects, studies and reports.

Section 1. Short Title.

This Act shall be known and may be cited as the “Biodiesel Fuel Act.”

Section 2. Findings and Declarations.

The Legislature for the state of <insert your state here> finds and declares the following:

(A) Dependence on petroleum oil is detrimental to our national and local economies, security, and environment and, therefore, reducing the use of petroleum-based fuel is a priority;

(B) Diesel fuel accounts for a significant amount of petroleum oil consumption in <insert your state here>;

(C) Burning diesel fuel is a significant contributor to hazardous air pollution in <insert your state here>;

(D) Using a blend of five percent biodiesel fuel throughout <insert your state here> will result in significant environmental, economic, and security benefits resulting from reduced petroleum oil consumption;

(E) Biodiesel fuel is a readily available and economically viable, clean-burning renewable fuel that can be used in existing internal combustion diesel engines with no engine or fuel station modifications; and

(F) Biodiesel fuel is produced domestically and emits significantly less greenhouse gasses and hazardous particulate matter.

Section 3. Definitions.

For the purposes of this Act, the terms below are defined as follows:

(A) “Biodiesel fuel” means a biodegradable, combustible liquid fuel derived from vegetable oils or animal fats that meets American Society for Testing and Materials (ASTM) specifications D6751 and is suitable for blending with diesel fuel oil for use in internal combustion diesel engines.

(B) “Diesel fuel” means any liquid fuel that is capable of use in discrete form or as a blend component in the operation of engines of the diesel type.

Section 4. Use of Biodiesel Fuel.

(A) From <recommend a date 12 months after the effective date of this Act> through <recommend a date thirty months after the effective date of this Act>, all diesel fuel sold or offered for sale in <insert your state here> for use in internal combustion engines shall contain at least two percent biodiesel fuel oil by volume.

(B) On and after <insert ending date from Section 4(A) of this Act> all diesel fuel sold or offered for sale in <insert your state here> for use in internal combustion engines shall contain at least five percent biodiesel fuel oil by volume.

Section 5. Enforcement.

No later than <insert date 6 months after the effective date of this Act>, the Commissioner of the Department of Transportation <or your state’s equivalent> shall promulgate regulations to implement and enforce the mandate under Section 4 of this Act.

Section 6. Monitor and Report.

(A) The Commissioner of the Department of Transportation <or your state’s equivalent>, in consultation with the Commissioners of the Department of Pollution Control and the Department of Agriculture <or your state’s equivalent>, shall monitor the operating costs of this Act, performance of state-owned vehicles under Section 4 of this Act, the environmental impact of this Act, the development of the biodiesel supply and distribution infrastructure in the state, and report to the legislative committees with jurisdiction over transportation, environment, and state government policy and finance no later than <recommend a date 24 months after the effective date of this Act>. The report shall assess the following:

(1) Operating costs of implementing Section 4 of this Act, including:

(a) Changes of diesel fuel prices resulting from Section 4 of this Act;

(b) Costs relating to infrastructure changes resulting from Section 4 of this Act; and

(c) Any other costs or cost reductions resulting from Section 4 of this Act.

(2) Operational performance of state-owned vehicles under Section 4 of this Act;

(3) Environmental impact of Section 4 of this Act, including:

(a) The total amount of petroleum diesel replaced by biodiesel as a result of Section 4 of this Act; and

(b) The total reduction of harmful emissions resulting from Section 4 of this Act.

(4) Development of the biodiesel supply and distribution infrastructure in the state, including:

(a) Sources of the biodiesel sold in the state; and

(b) Quantity of biodiesel produced from different sources.

Section 7. Education and Demonstration Projects.

(A) The Commissioner of the Department of Transportation <or your state’s equivalent> shall consult with representatives of the trucking, rail, utility, waste-hauling, mining, timber, agriculture, and passenger transit industries to develop protocols for biodiesel fuel demonstration and education projects. The demonstration projects shall be used for the purpose of educating diesel fuel consumers about the potential attributes of the use of biodiesel fuel as it pertains to their specific interests. The Commissioner of the Department of Transportation <or your state’s equivalent> shall provide a report on the status of these demonstration projects to the legislative committees with jurisdiction over transportation, environment, public health, and state government policy and finance no later than <recommend a date 12 months after the effective date of this Act>.

Section 8. Effective Date.

The provisions of this Act shall be effective on <insert date>.

Section 9. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.