PRINTER'S NO. 951
No. 789 Session of 2007
INTRODUCED BY DINNIMAN, COSTA, FERLO, FONTANA, LAVALLE, MELLOW,
MUSTO, O'PAKE, RHOADES, STACK, STOUT, WASHINGTON AND WAUGH,
MAY 2, 2007
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MAY 2, 2007
AN ACT
1 Providing for the sale of alternative transportation fuels
2 containing renewable or alternative fuel content.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the PennSecurity
7 Fuels Initiative Act.
8 Section 2. Purpose.
9 It is the purpose of this act to do the following:
10 (1) Establish mandates for renewable content in on-road
11 transportation fuels sold at retail in this Commonwealth in
12 order to diversify our energy resources, thereby reducing our
13 reliance on imported energy.
14 (2) Promote economic development in this Commonwealth by
15 requiring in-State production of renewable fuels before the
16 mandates shall take effect.
17 Section 3. Definitions.
1 The following words and phrases when used in this act shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 "Biodiesel." A renewable, biodegradable, mono alkyl ester
5 combustible liquid fuel that meets American Society For Testing
6 and Materials Specification D-6751-02 or its successor standard,
7 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
8 "Ethanol." An ethyl alcohol that has a purity of at least
9 99%, exclusive of added denaturants, that adheres to all of the
10 following standards:
11 (1) It has been denatured in conformity with a method
12 approved by the Bureau of Alcohol, Tobacco, Firearms and
13 Explosives of the United States Department of Justice, as
14 specified in 27 CFR Pts. 20 (relating to distribution and use
15 of denatured alcohol and rum) and 21 (relating to formulas
16 for denatured alcohol and rum).
17 (2) It meets all the requirements of American Society of
18 Testing and Materials D4806 or its successor standard,
19 Standard Specification for Denatured Fuel Ethanol for
20 Blending with Gasolines for Use as Automotive Spark-Ignition
21 Engine Fuel.
22 "E85." A petroleum product that is a blend of agriculturally
23 derived denatured ethanol and gasoline or natural gasoline that
24 typically contains 85% ethanol by volume. E85 produced for use
25 as a motor fuel shall comply with American Society of Testing
26 and Materials Specification D 5798-96 or its successor standard.
27 Section 4. Biodiesel content in diesel fuel sold for on-road
28 use.
29 (a) Volume standards.--The following standards shall apply:
30 (1) All diesel fuel sold or offered for sale in this
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1 Commonwealth for use in on-road compression ignition engines
2 must contain at least 2% biodiesel by volume, one year after
3 in-State production volume of 30 million gallons of biodiesel
4 has been reached and sustained for three months on an
5 annualized basis.
6 (2) All diesel fuel sold or offered for sale in this
7 Commonwealth for use in on-road compression ignition engines
8 must contain at least 5% biodiesel by volume, one year after
9 in-State production volume of 75 million gallons of biodiesel
10 has been reached and sustained for three months on an
11 annualized basis.
12 (3) All diesel fuel sold or offered for sale in this
13 Commonwealth for use in on-road compression ignition engines
14 must contain at least 10% biodiesel by volume, one year after
15 in-State production volume of 150 million gallons of
16 biodiesel has been reached and sustained for three months on
17 an annualized basis, provided vehicle manufacturers recognize
18 engine warranties associated with the use of biodiesel blends
19 10% or greater.
20 (4) All diesel fuel sold or offered for sale in this
21 Commonwealth for use in on-road compression ignition engines
22 must contain at least 20% biodiesel by volume, one year after
23 in-State production volume of 300 million gallons of
24 biodiesel has been reached and sustained for three months on
25 an annualized basis, provided vehicle manufacturers recognize
26 engine warranties associated with the use of biodiesel blends
27 20% or greater.
28 (b) Coal-to-liquids substitution.--Nonsulfur diesel fuel
29 derived from coal can be used in place of biodiesel to meet the
30 requirements of this section provided the fuel's carbon
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1 emissions are fully offset, either through carbon sequestration
2 or by participating in carbon offset programs.
3 Section 5. Ethanol content in gasoline sold for on-road use.
4 All gasoline sold or offered for sale in this Commonwealth
5 for use in on-road internal combustion engines must contain at
6 least 10% ethanol by volume, provided the following conditions
7 have been met:
8 (1) An in-State production volume of 200 million gallons
9 of ethanol is reached and sustained for three months on an
10 annualized basis.
11 (2) The Department of Environmental Protection and the
12 Department of Transportation shall make a determination,
13 after a public hearing process, that infrastructure
14 sufficient to accommodate the distribution and sale of
15 gasoline containing 10% ethanol by volume is in place
16 Statewide. In making this determination the Department of
17 Environmental Protection and the Department of Transportation
18 would assess rail capability Statewide, including terminal
19 facilities capable of handling volumes of ethanol sufficient
20 to meet the requirements of this act.
21 (3) The requirement shall take effect one year after the
22 conditions in paragraphs (1) and (2) are met.
23 (4) A gasoline/ethanol blend will be construed to be in
24 compliance with this section if the ethanol content,
25 exclusive of denaturants and permitted contaminants, is not
26 less than 9.2% by volume and not more than 10% by volume of
27 the blend as determined by an appropriate United States
28 Environmental Protection Agency or American Society of
29 Testing Materials standard method of analysis of
30 alcohol/ether content in motor fuels.
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1 Nothing in this section shall prohibit the sale of E85 or
2 gasoline with concentrations of ethanol greater than 10%.
3 Section 6. Agency responsibilities.
4 (a) Department of Agriculture.--With the exception of
5 section 4(b), the Department of Agriculture shall ensure
6 compliance with this act and, in consultation with the
7 Department of Environmental Protection and the Department of
8 Transportation, promulgate regulations as necessary to enforce
9 the requirements of this act.
10 (b) Department of Environmental Protection.--
11 (1) The Department of Environmental Protection shall
12 promulgate and ensure compliance with regulations for
13 achieving the carbon offset requirements of section 4(b).
14 (2) The Department of Environmental Protection shall
15 conduct a study to evaluate the effects this act has on the
16 ability of this Commonwealth to attain and maintain the
17 National Ambient Air Quality Standards.
18 Section 7. Effective date.
19 This act shall take effect immediately.
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