| 1 | A bill to be entitled |
| 2 | An act relating to diesel fuel; providing legislative |
| 3 | findings; providing a definition; requiring that all |
| 4 | diesel fuel sold or offered for sale in the state for use |
| 5 | in internal combustion engines have a certain percentage |
| 6 | of biodiesel content; providing an effective date for the |
| 7 | minimum content requirement; providing exceptions; |
| 8 | requiring refineries and terminals to provide certain |
| 9 | documentation for the transfer or sale of biodiesel fuel; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. (1) LEGISLATIVE FINDINGS.--The Legislature |
| 15 | finds that it is vital to the public interest and to Florida's |
| 16 | economy to establish a market for alternative fuels in the state |
| 17 | by requiring that diesel fuel that is offered for sale in |
| 18 | Florida includes renewable biodiesel fuel that meets applicable |
| 19 | fuel quality standards. The Legislature finds that the use of |
| 20 | biodiesel fuel reduces dependence on imports of foreign oil, |
| 21 | improves the health and quality of life of Floridians, and |
| 22 | stimulates the creation of a new industry that combines |
| 23 | agricultural production with state-of-the-art technology. |
| 24 | (2) DEFINITIONS.--As used in this section, the term |
| 25 | "biodiesel fuel" means a renewable, biodegradable, monoalkyl |
| 26 | ester combustible liquid fuel derived from agricultural plants, |
| 27 | oils, or animal fats that meets the American Society for Testing |
| 28 | and Materials specification of D6751-02 for biodiesel fuel |
| 29 | "B100" blend stock for distillate fuels. |
| 30 | (3) MINIMUM CONTENT; RULES; EFFECTIVE DATE.--Effective |
| 31 | [___] days after the Commissioner of Agriculture publishes |
| 32 | notice in the Florida Administrative Weekly that annual capacity |
| 33 | in the state for the production of biodiesel fuel exceeds [___] |
| 34 | gallons, all diesel fuel sold or offered for sale in the state |
| 35 | for use in internal combustion engines must contain at least 5 |
| 36 | percent biodiesel fuel by volume. |
| 37 | (4) EXCEPTIONS.--Minimum diesel content requirements of |
| 38 | this section do not apply to fuel used in motors located at an |
| 39 | electric generating plant regulated by the Nuclear Regulatory |
| 40 | Commission, unless the use of such fuel is otherwise approved by |
| 41 | the Nuclear Regulatory Commission; railroad locomotives; or |
| 42 | vehicles, equipment, and vessels with warranties that would be |
| 43 | voided by the use of such fuel. |
| 44 | (5) DISCLOSURE.--A refinery or terminal shall provide, at |
| 45 | the time diesel fuel is sold or transferred from the refinery or |
| 46 | terminal, a bill of lading or shipping manifest to the person |
| 47 | who receives the fuel. For biodiesel-blended products, the bill |
| 48 | of lading or shipping manifest must disclose biodiesel content, |
| 49 | stating volume percentage, gallons of biodiesel per gallons of |
| 50 | petroleum diesel base-stock, or an ASTM "xx" designation where |
| 51 | "xx" denotes the volume percentage of biodiesel included in the |
| 52 | blended product. This subsection does not apply to sales or |
| 53 | transfers of biodiesel blend stock between refineries, between |
| 54 | terminals, or between a refinery and a terminal. |
| 55 | Section 2. This act shall take effect October 1, 2007. |