Senate Bill sb2888

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    Florida Senate - 2007                                  SB 2888

    By Senator Atwater





    25-638-07

  1                      A bill to be entitled

  2         An act relating to the sale of biodiesel fuel;

  3         providing legislative intent; defining the term

  4         "biodiesel fuel"; requiring that diesel fuel

  5         sold or offered for sale in this state contain

  6         a specified minimum volume of biodiesel after

  7         the Commissioner of Agriculture publishes

  8         notice concerning biodiesel production

  9         capacity; providing an exemption from such

10         requirement if the fuel is to be used in

11         certain equipment; providing for written

12         disclosure of biodiesel content of certain

13         diesel fuels sold or transferred from a

14         refinery or terminal; providing an exception to

15         such disclosure requirement; providing an

16         effective date.

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18  Be It Enacted by the Legislature of the State of Florida:

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20         Section 1.  Minimum content requirement for biodiesel

21  fuel.--

22         (1)  The Legislature finds that it is vital to the

23  public interest and to the state's economy to establish a

24  market for alternative fuels in this state by requiring that

25  diesel fuel offered for sale in this state include renewable

26  biofuel meeting applicable standards for fuel quality. The

27  Legislature finds that the use of biodiesel fuel reduces

28  dependence on imports of foreign oil, improves the health and

29  quality of life for Floridians, and stimulates the creation of

30  a new industry that combines agricultural production with

31  state-of-the-art technology.

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    Florida Senate - 2007                                  SB 2888
    25-638-07




 1         (2)  As used in this section, the term "biodiesel fuel"

 2  means a renewable, biodegradable, mono-alkyl ester combustible

 3  liquid fuel that is derived from agricultural plants, oils, or

 4  animal fats and that meets specifications of the American

 5  Society for Testing and Materials for biodiesel fuel B100

 6  blend stock for distillate fuels, designation D6751-02.

 7         (3)  All diesel fuel sold or offered for sale in this

 8  state for use in an internal combustion engine must contain,

 9  at minimum, 5 percent biodiesel fuel by volume. This

10  subsection takes effect on the ___th day after the

11  Commissioner of Agriculture publishes notice in the Florida

12  Administrative Weekly indicating that the annual capacity for

13  the production of biodiesel fuel in this state exceeds _____

14  gallons.

15         (4)  The requirements of subsection (3) do not apply if

16  fuel sold or offered for sale is to be used in:

17         (a)  A motor at an electric power plant that is

18  regulated by the United States Nuclear Regulatory Commission

19  unless such commission has approved the use of fuel meeting

20  the requirements of subsection (3);

21         (b)  A railroad locomotive; or

22         (c)  Equipment, including a vehicle or vessel, covered

23  by a warranty that would be voided if it were to be operated

24  using fuel meeting the requirements of subsection (3).

25         (5)  Each refinery and terminal shall provide, at the

26  time diesel fuel is sold or transferred from the refinery or

27  terminal, a bill of lading or shipping manifest to the person

28  receiving the fuel. For biodiesel-blended products, the bill

29  of lading or shipping manifest must disclose biodiesel

30  content, stating volume percentage, gallons of biodiesel per

31  gallons of petroleum diesel base-stock, or an ASTM "xx"

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    Florida Senate - 2007                                  SB 2888
    25-638-07




 1  designation for which "xx" denotes the volume percent of

 2  biodiesel included in the biodiesel-blended product. This

 3  subsection does not not apply to a sale or transfer of a

 4  biodiesel blend stock between refineries, between terminals,

 5  or between a refinery and a terminal.

 6         Section 2.  This act shall take effect upon becoming a

 7  law.

 8  

 9            *****************************************

10                          SENATE SUMMARY

11    Requires that diesel fuel sold or offered for sale in
      this state contain a specified minimum volume of
12    biodiesel after the Commissioner of Agriculture publishes
      notice concerning biodiesel production capacity. Provides
13    an exemption if the fuel is to be used in certain
      equipment. Requires written disclosure of biodiesel
14    content of certain diesel fuels sold or transferred from
      a refinery or terminal.
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