THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PERRY, BEYER, CLYMER, CONKLIN, CUTLER, DePASQUALE, GEIST, GIBBONS, GRELL, GROVE, HELM, HORNAMAN, M. KELLER, W. KELLER, KORTZ, MICCARELLI, MILLER, PEIFER, SCAVELLO, SIPTROTH, SWANGER, VULAKOVICH, WATSON AND QUINN, JANUARY 30, 2009

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 30, 2009  

AN ACT

Requiring the use of biodiesel by Commonwealth-owned vehicles;

and providing for the powers and duties of the Department of

General Services.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the State Fleet

Biodiesel Fuel Act.

Section 2.  Purpose.

The General Assembly declares the purposes of this act are as

follows:

(1)  The Commonwealth should lead by example in adopting,

implementing and promoting alternative energy sources and in

using renewable, locally produced biofuels.

(2)  The Commonwealth is a large business enterprise and

a significant consumer of energy, including transportation

fuels in which the expense of this energy represents a

substantial operating cost for State government.

(3)  The increased investment in alternative

transportation fuels by the Commonwealth will result in lower

operating costs for State government, which will result in

savings for all Pennsylvania taxpayers.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Biodiesel."  A renewable, biodegradable, mono alkyl ester

combustible liquid fuel that meets American Society for Testing

and Materials Specification D6751 or Standard Specification for

Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels,

or their successor.

"Bulk central fueling facility."  A noncommercial fueling

facility that has, as its primary purpose, the fueling of

vehicles owned and operated by the Commonwealth.

"Department."  The Department of General Services of the

Commonwealth.

"Qualified biodiesel producer."  A producer of biodiesel that

has, as its principal place of business, a facility for

production of biodiesel fuel in this Commonwealth and is at

least 51% owned or operated by persons with a permanent

residence in this Commonwealth.

Section 4.  Required use of biodiesel by Commonwealth-owned

vehicles.

(a)  Volume standards.--The following standards shall apply:

(1)  Beginning July 1, 2010, a diesel-powered vehicle

owned or operated by an agency under the Governor's

jurisdiction or of an independent agency when refueling at a

bulk central fueling facility shall use a diesel blend that

consists of 5% biodiesel by volume.

(2)  Beginning July 1, 2012, a diesel-powered vehicle

owned or operated by an agency under the Governor's

jurisdiction or of an independent agency when refueling at a

bulk central fueling facility shall use a diesel blend that

consists of 10% biodiesel by volume.

(3)  Beginning July 1, 2014, a diesel-powered vehicle

owned or operated by an agency under the Governor's

jurisdiction or of an independent agency when refueling at a

bulk central fueling facility shall use a diesel blend that

consists of 15% biodiesel by volume.

(4)  Beginning July 1, 2016, a diesel-powered vehicle

owned or operated by an agency under the Governor's

jurisdiction or of an independent agency when refueling at a

bulk central fueling facility shall use a diesel blend that

consists of 20% biodiesel by volume.

(b)  Source of biodiesel.--The biodiesel used in the diesel

blend shall be from a qualified biodiesel producer.

(c)  Exception.--The requirements of subsection (a) shall not

apply to aviation fuel or where prohibited by law.

(d)  Manufacturer's warranty.--The requirements of subsection

(a) shall not apply to a vehicle owned or operated by an agency

under the Governor's jurisdiction or of an independent agency

for which mechanical failure due to the use of biodiesel will

void the manufacturer's warranty for that vehicle.

Section 5.  Procurement standards.

The department shall develop procurement methods to ensure

that all diesel fuel purchased for use by Commonwealth-owned

vehicles contains the percentages of biodiesel required under

section 4.

Section 6.  Reporting.

The department shall provide an annual report to the chairman

and minority chairman of the Environmental Resources and Energy

Committee of the Senate and the chairman and minority chairman

of the Environmental Resources and Energy Committee of the House

of Representatives. This report shall:

(1)  Describe the overall amount of biodiesel procured.

(2)  Describe the amounts utilized by agencies under the

Governor's jurisdiction and independent agencies.

(3)  Provide a listing of the suppliers and the amounts

of biodiesel supplied to the Commonwealth.

Section 7.  Effective date.

This act shall take effect in 60 days.