2006 Legislation
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SENATE BILL NO. 1393 – Biodegradable fuel standard

SENATE BILL NO. 1393

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Bill Status



S1393..........................................by RESOURCES AND ENVIRONMENT
BIODEGRADABLE FUEL - Adds to existing law relating to motor fuels to
provide a biodegradable fuel standard; to provide an effective date; to
define "biodiesel fuel"; to provide for disclosure of biodiesel content;
and to provide an exception.
                                                                        
02/13    Senate intro - 1st rdg - to printing
02/14    Rpt prt - to Res/Env
03/09    Rpt out - to 14th Ord
03/16    Rpt out - w/o amen - to 2nd rdg
03/17    2nd rdg - to 3rd rdg
03/20    3rd rdg - FAILED - 11-23-1
      AYES -- Andreason, Brandt, Bunderson, Burkett, Coiner, Gannon,
      Langhorst, McKenzie, Schroeder, Stennett, Williams
      NAYS -- Broadsword, Burtenshaw, Cameron, Compton, Corder, Darrington,
      Davis, Fulcher, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
      Little, Lodge, Malepeai, McGee, Pearce, Richardson, Stegner, Sweet,
      Werk
      Absent and excused -- Marley
    Floor Sponsor - Schroeder
    Filed in Office of the Secretary of Senate

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1393
                                                                        
                           BY RESOURCES AND ENVIRONMENT COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR FUELS; AMENDING CHAPTER 2, TITLE  71,  IDAHO  CODE,  BY  THE
  3        ADDITION  OF A NEW SECTION 71-241B, IDAHO CODE, TO PROVIDE A BIODEGRADABLE
  4        FUEL STANDARD, TO PROVIDE AN EFFECTIVE DATE, TO DEFINE  "BIODIESEL  FUEL,"
  5        TO  PROVIDE  FOR  DISCLOSURE OF BIODIESEL CONTENT AND TO PROVIDE AN EXCEP-
  6        TION.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Chapter 2, Title 71, Idaho Code,  be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 71-241B, Idaho Code, and to read as follows:
                                                                        
 11        71-241B.  BIODEGRADABLE FUEL STANDARD -- EXCEPTION. (1)  Minimum  content.
 12    Except  as otherwise provided in this section, all diesel fuel sold or offered
 13    for sale in Idaho for use in internal  combustion  engines  shall  contain  at
 14    least two percent (2%) biodiesel fuel oil by volume.
 15        (2)  Effective  date. The biodegradable fuel standard as set forth in sub-
 16    section (1) of this section shall come into full force and effect on and after
 17    the date that the conditions in paragraphs (a) and (b) of this subsection  (2)
 18    have been met:
 19        (a)  At  least  thirty  (30)  days  have elapsed since the director of the
 20        department of agriculture has certified that the capacity within the state
 21        of Idaho for the production of biodiesel fuel oil is at least four million
 22        (4,000,000) gallons on an annual basis; and
 23        (b)  At least eighteen (18) months have elapsed since the director of  the
 24        department  of  agriculture has certified and published notice that a fed-
 25        eral action on taxes imposed, tax credits, or otherwise, creates a  reduc-
 26        tion  in  the  price  of two cents (2¢) or more per gallon on taxable fuel
 27        that contains at least two percent (2%) biodiesel fuel oil and is sold  in
 28        this state.
 29        (3)  Definition.  "Biodiesel fuel" means a renewable, biodegradable, mono-
 30    alkyl ester combustible liquid fuel derived from agricultural  plant  oils  or
 31    animal  fats  and  that  meets  the American society for testing and materials
 32    specification D6751-03a for biodiesel fuel (B100) blend stock  for  distillate
 33    fuels.
 34        (4)  Disclosure  of  biodiesel  content. A refinery or terminal shall pro-
 35    vide, at the time diesel fuel is sold or transferred from the refinery or ter-
 36    minal, a bill of lading or shipping manifest to the person  who  receives  the
 37    fuel.  For biodiesel-blended products, the bill of lading or shipping manifest
 38    shall disclose  biodiesel  content,  stating  volume  percentage,  gallons  of
 39    biodiesel  per gallons of petroleum diesel base stock, or an ASTM "Bxx" desig-
 40    nation where "xx" denotes the volume percent biodiesel included in the blended
 41    product. The provisions of this subsection (4) shall not  apply  to  sales  or
 42    transfers  of  biodiesel blend stock between refineries, between terminals, or
 43    between a refinery and a terminal.
                                                                        
                                           2
                                                                        
  1        (5)  Exception. The minimum content requirement of subsection (1) of  this
  2    section shall not apply to fuel used in railroad locomotives.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 16036

This legislation relates to motor fuels.  It will provide a
biodegradable fuel standard, provide an effective date, define
"biodiesel fuel", provide for disclosure of biodiesel content and
to provide an exception.



                           FISCAL NOTE

There is no fiscal impact.





Contact
Name: Senator Gary Schroeder 
Phone: 208-332-1324


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1393