Section 414.407

Title XXVI TRADE AND COMMERCE

Chapter 414

Effective - 28 Aug 2001   

  414.407.  EPAct credit banking and selling program established — definitions — biodiesel fuel revolving fund created — rulemaking authority — study on the use of alternative fuels in motor vehicles, contents. — 1.  As used in this section, the following terms mean:

  (1)  "B-20", a blend of twenty percent by volume biodiesel fuel and eighty percent by volume petroleum-based diesel fuel;

  (2)  "Biodiesel", fuel as defined in ASTM Standard PS121;

  (3)  "EPAct", the federal Energy Policy Act, 42 U.S.C. 13201, et seq.;

  (4)  "EPAct credit", a credit issued pursuant to EPAct;

  (5)  "Fund", the biodiesel fuel revolving fund;

  (6)  "Incremental cost", the difference in cost between biodiesel fuel and conventional petroleum-based diesel fuel at the time the biodiesel fuel is purchased.

  2.  The department, in cooperation with the department of agriculture, shall establish and administer an EPAct credit banking and selling program to allow state agencies to use moneys generated by the sale of EPAct credits to purchase biodiesel fuel for use in state vehicles.  Each state agency shall provide the department with all vehicle fleet information necessary to determine the number of EPAct credits generated by the agency.  The department may sell credits in any manner pursuant to the provisions of EPAct.

  3.  There is hereby created in the state treasury the "Biodiesel Fuel Revolving Fund", into which shall be deposited moneys received from the sale of EPAct credits banked by state agencies on August 28, 2001, and in future reporting years, any moneys appropriated to the fund by the general assembly, and any other moneys obtained or accepted by the department for deposit into the fund.  The fund shall be managed to maximize benefits to the state in the purchase of biodiesel fuel and, when possible, to accrue those benefits to state agencies in proportion to the number of EPAct credits generated by each respective agency.

  4.  Moneys deposited into the fund shall be used to pay for the incremental cost of biodiesel fuel with a minimum biodiesel concentration of B-20 for use in state vehicles and for administration of the fund.  Not later than January thirty-first of each year, the department shall submit an annual report to the general assembly on the expenditures from the fund during the preceding fiscal year.

  5.  Notwithstanding the provisions of section 33.080, no portion of the fund shall be transferred to the general revenue fund, and any appropriation made to the fund shall not lapse.  The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.  Interest and moneys earned on such investments shall be credited to the fund.

  6.  The department shall promulgate such rules as are necessary to implement this section.  No rule or portion of a rule promulgated pursuant to this section shall become effective unless it has been promulgated pursuant to chapter 536.

  7.  The department shall conduct a study of the use of alternative fuels in motor vehicles in the state and shall report its findings and recommendations to the general assembly no later than January 1, 2002.  Such study shall include:

  (1)  An analysis of the current use of alternative fuels in public and private vehicle fleets in the state;

  (2)  An assessment of methods that the state may use to increase use of alternative fuels in vehicle fleets, including the sale of credits generated pursuant to the federal Energy Policy Act, 42 U.S.C. 13201, et seq., to pay for the difference in cost between alternative fuels and conventional fuels;

  (3)  An assessment of the benefits or harm that increased use of alternative fuels may make to the state's economy and environment;

  (4)  Any other information that the department deems relevant.

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(L. 2001 H.B. 453 merged with S.B. 244)