414.433. Purchase of biodiesel fuel by school districts--contracts with new generation cooperatives--definitions--rulemaking authority.

MISSOURI STATUTES AND CODES

414.433. Purchase of biodiesel fuel by school districts--contracts with new generation cooperatives--definitions--rulemaking authority.

Purchase of biodiesel fuel by school districts--contracts with newgeneration cooperatives--definitions--rulemaking authority.

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

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

(2) "Biodiesel", as defined in ASTM Standard PS121 or its subsequentstandard specification for biodiesel fuel (B 100) blend stock fordistillate fuels;

(3) "Eligible new generation cooperative", a nonprofit farmer-ownedcooperative association formed pursuant to chapter 274, RSMo, orincorporated pursuant to chapter 357, RSMo, for the purpose of operating adevelopment facility or a renewable fuel production facility, as defined insection 348.430, RSMo.

2. Beginning with the 2002-03 school year and lasting through the2011-12 school year, any school district may contract with an eligible newgeneration cooperative to purchase biodiesel fuel for its buses of aminimum of B-20 under conditions set out in subsection 3 of this section.

3. Every school district that contracts with an eligible newgeneration cooperative for biodiesel pursuant to subsection 2 of thissection shall receive an additional payment through its statetransportation aid payment pursuant to section 163.161, RSMo, so that thenet price to the contracting district for biodiesel will not exceed therack price of regular diesel. If there is no incremental cost differencebetween biodiesel above the rack price of regular diesel, then the stateschool aid program will not make payment for biodiesel purchased during theperiod where no incremental cost exists. The payment shall be made basedon the incremental cost difference incrementally up to seven-tenths percentof the entitlement authorized by section 163.161, RSMo, for the 1998-99school year. The payment amount may be increased by four percent each yearduring the life of the program. No payment shall be authorized pursuant tothis subsection or contract required pursuant to subsection 2 of thissection if moneys are not appropriated by the general assembly.

4. The department of elementary and secondary education shallpromulgate such rules as are necessary to implement this section, includingbut not limited to a method of calculating the reimbursement of thecontracting school districts and waiver procedures if the amountappropriated does not cover the additional costs for the use of biodiesel.Any rule or portion of a rule, as that term is defined in section 536.010,RSMo, that is created under the authority delegated in this section shallbecome effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of thepowers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authorityand any rule proposed or adopted after August 28, 2001, shall be invalidand void.