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                                                        PRINTER'S NO. 17

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 10 Special Session No. 1 of 2007-2008


        INTRODUCED BY GORDNER, PIPPY, SCARNATI, FONTANA, DINNIMAN,
           LAVALLE, WAUGH, WONDERLING, VANCE, BROWNE, GREENLEAF, STACK,
           C. WILLIAMS, WASHINGTON, BOSCOLA AND PUNT, OCTOBER 22, 2007

        REFERRED TO ENERGY POLICIES, OCTOBER 22, 2007

                                     AN ACT

     1  Amending the act of November 29, 2004 (P.L.1376, No.178),
     2     entitled "An act relating to alternative fuels; establishing
     3     the Alternative Fuels Incentive Fund; authorizing grants and
     4     rebates to promote the use of alternative fuels; imposing
     5     duties on the Department of Environmental Protection;
     6     providing for an annual report; allocating funds collected
     7     from the utilities gross receipts tax; making an
     8     appropriation; abrogating regulations; and making a repeal,"
     9     further providing for definitions; and providing for
    10     biodiesel production incentives.

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Section 2 of the act of November 29, 2004
    14  (P.L.1376, No.178), known as the Alternative Fuels Incentive
    15  Act, is amended by adding definitions to read:
    16  Section 2.  Definitions.
    17     The following words and phrases when used in this act shall
    18  have the meanings given to them in this section unless the
    19  context clearly indicates otherwise:
    20     "Accredited laboratory."  A laboratory accredited by the
    21  American Society for Testing and Materials International.


     1     * * *
     2     "Qualified biodiesel producer."  A producer of biodiesel who
     3  has its principal place of business and facility for the
     4  production of biodiesel fuel in this Commonwealth and is at
     5  least 51% owned or operated by persons with a permanent
     6  residence in this Commonwealth and who has complied with the
     7  requirements of section 3.1(b).
     8     * * *
     9     Section 2.  The act is amended by adding a section to read:
    10  Section 3.1.  Biodiesel production incentives.
    11     (a)  Incentives.--In addition to the incentives provided for
    12  in section 3, the department shall pay a qualified biodiesel
    13  producer an incentive for the production of biodiesel in the
    14  amount of $1 for each gallon of biodiesel sold by the producer
    15  for commercial purposes. Qualified biodiesel producers may
    16  receive the incentive for no more than ten million gallons per
    17  calendar year. Individual producers shall not receive more than
    18  $4,000,000 in incentives annually. The incentives shall be paid
    19  until December 31, 2010.
    20     (b)  Application.--A qualified biodiesel producer shall file
    21  for the biodiesel production incentive on a monthly basis on a
    22  form furnished by the department. The form shall require the
    23  qualified biodiesel producer to submit proof of production of
    24  the biodiesel and the number of gallons sold during the previous
    25  calendar month. A producer shall also submit a certificate of
    26  analysis from an accredited laboratory for every 500,000 gallons
    27  of biodiesel produced showing that the biodiesel meets the
    28  American Society for Testing and Materials D-6751 standard.
    29     Section 3.  This act shall take effect January 1, 2008, or
    30  immediately, whichever is later.
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