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, conten - Missouri Statutes

EPAct credit banking and selling programestablished--definitions--biodiesel fuel revolving fundcreated--rulemaking authority--study on the use of alternativefuels in motor vehicles, contents.

414.407. 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) "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 fueland conventional petroleum-based diesel fuel at the time the biodiesel fuelis purchased.

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

3. There is hereby created in the state treasury the "Biodiesel FuelRevolving Fund", into which shall be deposited moneys received from thesale of EPAct credits banked by state agencies on August 28, 2001, and infuture reporting years, any moneys appropriated to the fund by the generalassembly, and any other moneys obtained or accepted by the department fordeposit into the fund. The fund shall be managed to maximize benefits tothe state in the purchase of biodiesel fuel and, when possible, to accruethose benefits to state agencies in proportion to the number of EPActcredits generated by each respective agency.

4. Moneys deposited into the fund shall be used to pay for theincremental cost of biodiesel fuel with a minimum biodiesel concentrationof B-20 for use in state vehicles and for administration of the fund. Notlater than January thirty-first of each year, the department shall submitan annual report to the general assembly on the expenditures from the fundduring the preceding fiscal year.

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

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

7. The department shall conduct a study of the use of alternativefuels in motor vehicles in the state and shall report its findings andrecommendations 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 andprivate vehicle fleets in the state;

(2) An assessment of methods that the state may use to increase useof alternative fuels in vehicle fleets, including the sale of creditsgenerated pursuant to the federal Energy Policy Act, 42 U.S.C. 13201, etseq., to pay for the difference in cost between alternative fuels andconventional fuels;

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

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

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