Missouri Laws 414.365 – Program established for biodiesel fuel use in MoDOT vehicles, goals, rules
1. As used in this section, the following terms mean:
(1) “B-20”, a blend of twenty percent by volume biodiesel fuel and eighty percent by volume petroleum-based diesel fuel;
Terms Used In Missouri Laws 414.365
- Department: the Missouri state department of agriculture. See Missouri Laws 414.012
- Diesel fuel: refined oils commonly used in internal combustion engines where ignited by pressure and not by electric spark, the classification of which shall be defined by the American Society for Testing and Materials (ASTM). See Missouri Laws 414.012
- Director: the director of agriculture of the Missouri state department of agriculture or his delegated representative. See Missouri Laws 414.012
- following: when used by way of reference to any section of the statutes, mean the section next preceding or next following that in which the reference is made, unless some other section is expressly designated in the reference. See Missouri Laws 1.020
- State: when applied to any of the United States, includes the District of Columbia and the territories, and the words "United States" includes such district and territories. See Missouri Laws 1.020
(2) “Biodiesel”, fuel as defined in ASTM standard PS121;
(3) “Incremental cost”, the difference in cost between blended biodiesel fuel and conventional petroleum-based diesel fuel at the time the blended biodiesel fuel is purchased.
2. On or before October 1, 2003, the Missouri department of transportation shall develop a program that provides for the opportunity to use fuel with at least the biodiesel content of B-20 in its vehicle fleet and heavy equipment that use diesel fuel. Such program shall have the following goals, provided that such program and goals do not prohibit the department from generating and selling EPAct credits pursuant to section 414.407:
(1) On or before July 1, 2004, at least fifty percent of the department’s vehicle fleet and heavy equipment that use diesel fuel shall use fuel with at least the biodiesel content of B-20, if such fuel is commercially available;
(2) On or before July 1, 2005, at least seventy-five percent of the department’s vehicle fleet and heavy equipment that use diesel fuel shall use fuel with at least the biodiesel content of B-20, if such fuel is commercially available.
3. The blended biodiesel fuel shall be presumed to be commercially available if the incremental cost of such fuel is not more than twenty-five cents.
4. Nothing in this section is intended to create a state requirement for biodiesel fuel use in excess of the requirements of the federal National 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 obtain funding for the incremental cost of the blended biodiesel fuel from the biodiesel fuel revolving fund established in section 414.407.
6. The director of the Missouri department of transportation may promulgate any rules necessary to carry out the provisions of this section. No rule or portion of a rule promulgated pursuant to this section shall take effect unless it has been promulgated pursuant to chapter 536.