414.365. Program established for biodiesel fuel use in MoDOT vehicles, goals, rules.

MISSOURI STATUTES AND CODES

414.365. Program established for biodiesel fuel use in MoDOT vehicles, goals, rules.

Program established for biodiesel fuel use in MoDOT vehicles,goals, rules.

414.365. 1. As used in this section, the following terms mean:

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

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

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

2. On or before October 1, 2003, the Missouri department oftransportation shall develop a program that provides for the opportunity touse fuel with at least the biodiesel content of B-20 in its vehicle fleetand heavy equipment that use diesel fuel. Such program shall have thefollowing goals, provided that such program and goals do not prohibit thedepartment from generating and selling EPAct credits pursuant to section414.407:

(1) On or before July 1, 2004, at least fifty percent of thedepartment's vehicle fleet and heavy equipment that use diesel fuel shalluse fuel with at least the biodiesel content of B-20, if such fuel iscommercially available;

(2) On or before July 1, 2005, at least seventy-five percent of thedepartment's vehicle fleet and heavy equipment that use diesel fuel shalluse fuel with at least the biodiesel content of B-20, if such fuel iscommercially available.

3. The blended biodiesel fuel shall be presumed to be commerciallyavailable if the incremental cost of such fuel is not more than twenty-fivecents.

4. Nothing in this section is intended to create a state requirementfor biodiesel fuel use in excess of the requirements of the federalNational Energy Policy Act of 1992, Pub.L. 102-486; 42 U.S.C. 13251,13257(o).

5. To the maximum extent practicable, the department shall obtainfunding for the incremental cost of the blended biodiesel fuel from thebiodiesel fuel revolving fund established in section 414.407.

6. The director of the Missouri department of transportation maypromulgate any rules necessary to carry out the provisions of this section.No rule or portion of a rule promulgated pursuant to this section shalltake effect unless it has been promulgated pursuant to chapter 536, RSMo.