2007 Legislation
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HOUSE BILL NO. 150 – Economic Dvlp biofuel infrastructr

HOUSE BILL NO. 150

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Bill Status



H0150.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY
ALTERNATIVE FUEL - Adds to existing law to provide the Rural Idaho Economic
Development Biofuels Infrastructure Matching Grant Fund; and to provide
procedures for approving grant applications.
                                                                        
02/09    House intro - 1st rdg - to printing
02/12    Rpt prt - Held at Desk
02/14    Ref'd to Transp
02/23    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 69-1-0
      AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
      Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
      Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
      Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
      Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
      Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
      Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
      Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Snodgrass,
      Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr.
      Speaker
      NAYS -- Smith(24)
      Absent and excused -- None
    Floor Sponsor - Eskridge
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Transp
03/09    Rpt out - rec d/p - to 2nd rdg
03/12    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 33-0-2
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
      Coiner, Corder, Darrington, Fulcher, Gannon, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
      Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
      Siddoway, Stegner, Stennett, Werk
      NAYS -- None
      Absent and excused -- Burkett, Davis
    Floor Sponsor - McKenzie
    Title apvd - to House
03/19    To enrol - Rpt enrol - Sp signed
03/20    Pres signed - To Governor
03/26    Governor signed
         Session Law Chapter 185
         Effective: 07/01/07;
         07/01/12 Sunset clause

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 150
                                                                        
                      BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO ENERGY GRANTS; AMENDING CHAPTER 18, TITLE 42, IDAHO CODE,  BY  THE
  3        ADDITION  OF  A NEW SECTION 42-1806, IDAHO CODE, TO PROVIDE A SHORT TITLE,
  4        TO DEFINE A TERM, TO CREATE THE IDAHO ECONOMIC DEVELOPMENT BIOFUEL  INFRA-
  5        STRUCTURE MATCHING GRANT FUND AND TO PROVIDE ADMINISTRATIVE PROCEDURES FOR
  6        APPROVING  GRANT APPLICATIONS; PROVIDING AN EFFECTIVE DATE AND PROVIDING A
  7        SUNSET DATE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 18, Title 42, Idaho Code, be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 42-1806, Idaho Code, and to read as follows:
                                                                        
 12        42-1806. RURAL IDAHO ECONOMIC DEVELOPMENT BIOFUEL INFRASTRUCTURE, CONSUMER
 13    CHOICE AND FUEL INDEPENDENCE ACT OF 2007 -- RETAIL FUEL OUTLET MATCHING GRANTS
 14    FOR BIOFUEL INFRASTRUCTURE. (1) This act shall  be  known  and  cited  as  the
 15    "Rural  Idaho Economic Development Biofuel Infrastructure, Consumer Choice and
 16    Fuel Independence Act of 2007."
 17        (2)  As used in this  section  "fueling  infrastructure"  means  necessary
 18    tanks,  piping,  pumps, pump stands, hoses or monitors, including installation
 19    of equipment.
 20        (3)  There is hereby created in the state treasury, the rural  Idaho  eco-
 21    nomic  development  biofuel  infrastructure matching grant fund. Moneys in the
 22    fund may be used for providing grants for up to fifty  percent  (50%)  of  the
 23    cost  of  installing  new fueling infrastructure dedicated to offering biofuel
 24    for retail sale, or for upgrading existing fueling infrastructure that is cer-
 25    tified as incompatible  with  biofuel,  including  cleaning  existing  storage
 26    tanks,  for  the purpose of offering biofuel for retail sale. The energy divi-
 27    sion of the department of water resources  is  authorized  to  administer  the
 28    fund.  Moneys  in the fund may be expended pursuant to appropriation and shall
 29    be utilized only for the purposes specified in this section. Surplus moneys in
 30    the fund shall be invested by the state treasurer in the same manner  as  pro-
 31    vided under section 67-1210, Idaho Code, with respect to other surplus or idle
 32    moneys  in  the  state  treasury.  Interest earned on the investments shall be
 33    returned to the fund.
 34        (4)  Eligible applicants  may file an application with the energy division
 35    for a grant from the fund for the purpose  of  financing  fuel  infrastructure
 36    projects necessary to provide biofuel for sale at retail fuel outlets. Such an
 37    application  shall  be  filed  in such a manner and shall be in such form, and
 38    accompanied by such information as may be prescribed by the  director  of  the
 39    department  of  water  resources,  provided however, that any such application
 40    filed under the provisions of this section shall, at a minimum:
 41        (a)  Describe the nature of the project, including which biofuel  will  be
 42        offered;
 43        (b)  Set  forth  the need for replacing existing fueling infrastructure to
                                                                        
                                       2
                                                                        
  1        offer biofuel, if the project is to upgrade existing  fueling  infrastruc-
  2        ture,  including  documentation  from manufacturers of the components that
  3        clearly state such incompatibility;
  4        (c)  Include such technical, economic and estimated cost data  as  may  be
  5        required by the director;
  6        (d)  Include  documentation that sets forth the amount of funds the appli-
  7        cant shall use  to complete the project.
  8        (5)  Within thirty (30) days of receipt of the application,  the  division
  9    shall review and evaluate and, if deemed necessary, investigate all aspects of
 10    the proposed project. As part of such investigation, the division shall deter-
 11    mine whether the project plan is satisfactory and shall advise the director of
 12    that  fact.  If  the  division  determines that the plan is unsatisfactory, it
 13    shall return the application to the applicant and the division may make recom-
 14    mendations to the applicant as considered necessary to make the plan satisfac-
 15    tory. If the division determines either the plan, or a plan  revised  pursuant
 16    to recommendations of the division is satisfactory, it shall be considered for
 17    funding by the director.
 18        (6)  The applicant must make biofuel available through the project contin-
 19    uously for a period of five (5) years from the date the project is placed into
 20    service,  or  the  applicant  will be subject to recapture of any grant moneys
 21    received.
 22        (7)  If the applicant receives grant funding under this section  and  also
 23    applies for income tax credits under section 63-3029M, Idaho Code, on the same
 24    project,  the  qualified  investment used to calculate the tax credits must be
 25    reduced by the amount of the grant awarded under this  section.  The  division
 26    shall  report  grant recipients and amounts received under this section to the
 27    state tax commission by April 15 of each year for the previous year.
                                                                        
 28        SECTION 2. This act shall be in full force and effect on and after July 1,
 29    2007; and shall be null, void and of no force and effect on and after July  1,
 30    2012.

Statement of Purpose / Fiscal Impact


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                    STATEMENT OF PURPOSE
                              
                         RS 16785C1
  
  The purpose of this legislation is to create a 50/50
  matching grant program for Idaho retail fuel dealers who
  choose to invest in qualified fueling infrastructure
  projects dedicated to providing bio-fuels to their
  customers.  This program sunsets on July 1, 2012.
 

                       FISCAL IMPACT
  
  The amount will be determined by a separate legislative
  appropriation.
  
  Amount to be requested for FY08:               $690,000
  Amount to be requested for FY09 - FY12:      $1,610,000
  Total amount for five year life of program:  $2,300,000
  
  
  
  Contact
  Sen. McKenzie            Rep. Eskridge
  Sen. Gannon              Rep. Stevenson
  Sen. Lodge               Rep. Anderson
                           Rep. Wood (35)
  
  
  Phone: 332-1000
  
  STATEMENT OF PURPOSE/FISCAL NOTE                     H 150