PRINTER'S NO.  1786

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1282

Session of

2010

  

  

INTRODUCED BY ERICKSON, PILEGGI, MUSTO, FONTANA, O'PAKE, ARGALL, BAKER, PIPPY, RAFFERTY, BRUBAKER, ALLOWAY, FARNESE, McILHINNEY, D. WHITE, GORDNER, LEACH, MELLOW, EARLL, BROWNE, GREENLEAF, TOMLINSON, VANCE, VOGEL, YAW, BOSCOLA, FOLMER, DINNIMAN, WASHINGTON, STACK, MENSCH AND COSTA, MARCH 18, 2010

  

  

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 18, 2010  

  

  

  

AN ACT

  

1

Amending the act of July 10, 2008 (P.L.1009, No.78), entitled

2

"An act providing for the study and mandated content of

3

biofuels," further providing for definitions, for biodiesel

4

content in diesel fuel sold for on-road use, for agency

5

responsibilities and for infrastructure reports; and

6

providing for Biofuel Development Fund.

7

The General Assembly of the Commonwealth of Pennsylvania

8

hereby enacts as follows:

9

Section 1.  Section 2 of the act of July 10, 2008 (P.L.1009,

10

No.78), known as the Biofuel Development and In-State Production

11

Incentive Act, is amended by adding definitions to read:

12

Section 2.  Definitions.

13

The following words and phrases when used in this act shall

14

have the meanings given to them in this section unless the

15

context clearly indicates otherwise:

16

"American Society for Testing and Materials International" or

17

"ASTM."  A private organization that utilizes committees of

18

industry representatives and regulators to develop product

 


1

quality standards and test methods to be used by industries,

2

regulatory agencies and purchasing agents.

3

"Annualized basis."  The sum of three consecutive months of

4

in-State production multiplied by four.

5

"Approved biodiesel blending method."  A blending method

6

where biodiesel, diesel fuel, off-road diesel fuel or oilheat

7

fuel are blended to maintain a consistent blend throughout the

8

entire volume and done at a facility capable of maintaining the

9

biodiesel at ten degrees Fahrenheit above the cloud point of the

10

biodiesel through the use of department-approved meters to track

11

the volume of each product individually and maintaining the

12

blend percentage within a margin of one half of one percent of

13

the total volume of biodiesel required to make the desired

14

blending percentage.

15

"ASTM specification."  A standard quality specification

16

developed and published by the American Society for Testing and

17

Materials International. Each specification includes references

18

to standard test methods, also developed and published by ASTM.

19

* * *

20

"Biodiesel blend."  A blend of biodiesel, diesel fuel, off-

21

road diesel fuel or oilheat fuel intended to be sold or offered

22

for sale to ultimate consumers in this Commonwealth for use in

23

on-road or off-road compression ignition engines or for

24

residential, commercial or industrial heating applications.

25

* * *

26

"Consumer."  A person that purchases biodiesel blend, diesel

27

fuel, off-road diesel fuel or oilheat fuel for purposes other

28

than resale.

29

* * *

30

"Diesel fuel."  Petroleum diesel fuel that complies with ASTM

- 2 -

 


1

D975 or its successor standard having a maximum allowable

2

sulphur content at the point of use of no more than 15 parts per

3

million (PPM).

4

"Distributor."  A person that manufactures, refines, receives

5

for storage, distributes or sells diesel fuel, off-road diesel

6

fuel or oilheat fuel biodiesel or biodiesel blend in this

7

Commonwealth for subsequent distribution to another person other

8

than the consumer.

9

"Fund."  The Biofuel Development Fund established in section

10

8(a).

11

"Manufacture."  To produce, mix, blend, repackage or further

12

process.

13

* * *

14

"Off-road diesel fuel." Fuel as defined in 75 Pa.C.S. § 9002

15

(relating to definitions) as "dyed diesel fuel" which is

16

intended to be sold for or used in off-road compression ignition

17

engines that complies with ASTM D975 or its successor standard

18

having a maximum allowable sulphur content at the point of use

19

of no more than 500 parts per million (PPM), or other lower

20

maximum allowable sulphur content as shall become required by

21

Federal law.

22

"Oilheat fuel."  Petroleum heating fuel that complies with

23

ASTM D396 or its successor standard having a maximum allowable

24

sulphur content at the point of use of no more than 2,000 parts

25

per million (PPM), or other lower maximum allowable sulphur

26

content as shall become required by this act and intended to be

27

sold for or used in residential, commercial or industrial

28

heating applications.

29

"Person."  An individual, corporation, partnership, stock

30

company, society, association or business unit or agent or

- 3 -

 


1

employee thereof.

2

"Petroleum load rack terminals."  A location, supplied by

3

pipeline, barge, or direct refinery access, where the commercial

4

transfer of diesel fuel, off-road diesel fuel or oilheat fuel,

5

biodiesel and biodiesel blend, at the wholesale level is

6

conducted utilizing meters employed in the measurement of

7

product delivered to a seller by a buyer.

8

"Producer."  A person that purchases component elements and

9

blends them to produce biodiesel blend.

10

"Refinery" or "terminal."  A petroleum refinery, pipeline

11

terminal, river terminal, load rack terminal, storage facility,

12

producer facility or other point of origin of diesel fuel, off-

13

road diesel fuel or oilheat fuel, biodiesel and biodiesel blend,

14

that is manufactured, blended or imported by rail, truck, barge

15

or pipe and held, stored, transferred, offered for distribution,

16

distributed, offered for sale or sold.

17

* * *

18

"Retailer."  A person that sells diesel fuel, off-road diesel

19

fuel or oilheat fuel, biodiesel or biodiesel blend to the

20

consumer.

21

"Sale," "sell" or "sold."  To transfer title for

22

consideration.

23

"Unclassified importer."  A person that imports or causes to

24

be imported diesel fuel, off-road diesel fuel or oilheat fuel,

25

biodiesel or biodiesel blend for use, distribution or sale in

26

this Commonwealth, but that does not qualify as a distributor.

27

Section 2.  Section 3 heading and subsections (a) and (f) of

28

the act are amended to read:

29

Section 3.  Biodiesel and sulphur content in diesel fuel sold

30

for on-road [use] or off-road use and oilheat fuel.

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1

(a)  [Volume standards] Standards.--The following standards

2

shall apply:

3

(1)  All diesel fuel sold or offered for sale to ultimate

4

consumers in this Commonwealth for use in on-road compression

5

ignition engines must [contain] be blended with biodiesel so

6

as to achieve a biodiesel blend of at least 2% biodiesel by

7

volume one year after the in-State production volume of

8

40,000,000 gallons of biodiesel has been reached and

9

sustained for three months on an annualized basis as

10

determined by the department. The biodiesel blend shall

11

comply with ASTM specification D975 or its successor

12

standard.

13

(2)  All diesel fuel sold or offered for sale to ultimate

14

consumers in this Commonwealth for use in on-road compression

15

ignition engines must [contain] be blended with biodiesel so

16

as to achieve a biodiesel blend of at least 5% biodiesel by

17

volume one year after the in-State production volume of

18

100,000,000 gallons of biodiesel has been reached and

19

sustained for three months on an annualized basis as

20

determined by the department. The biodiesel blend shall

21

comply with ASTM specification D975 or its successor

22

standard.

23

(3)  All diesel fuel sold or offered for sale to ultimate

24

consumers in this Commonwealth for use in on-road compression

25

ignition engines must [contain] be blended with biodiesel so

26

as to achieve a biodiesel blend of at least 10% biodiesel by

27

volume one year after the in-State production volume of

28

200,000,000 gallons of biodiesel has been reached and

29

sustained for three months on an annualized basis as

30

determined by the department. The biodiesel blend shall

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1

comply with ASTM specification D7467 or its successor

2

standard.

3

(4)  All diesel fuel sold or offered for sale to ultimate

4

consumers in this Commonwealth for use in on-road compression

5

ignition engines must [contain] be blended with biodiesel so

6

as to achieve a biodiesel blend of at least 20% biodiesel by

7

volume one year after the in-State production volume of

8

400,000,000 gallons of biodiesel has been reached and

9

sustained for three months on an annualized basis as

10

determined by the department. The biodiesel blend shall

11

comply with ASTM specification D7467 or its successor

12

standard.

13

(5)  All oilheat fuel and off-road diesel fuel sold or

14

offered for sale to ultimate consumers in this Commonwealth

15

must be blended with biodiesel to achieve a biodiesel blend

16

of at least 5% biodiesel by volume after May 1, 2011.

17

(6)  All oilheat fuel and off-road diesel fuel sold or

18

offered for sale to ultimate consumers in this Commonwealth

19

must be blended with biodiesel to achieve a biodiesel blend

20

of at least 10% biodiesel by volume after May 1, 2013,

21

provided one of the following conditions is met:

22

(i)  The national biodiesel board and the national

23

oilheat research alliance both certify by resolution to

24

the department that a blend of oilheat fuel and biodiesel

25

of at least 10% biodiesel by volume is not detrimental to

26

the operation of a residential, commercial or industrial

27

heating system if used for its intended use.

28

(ii)  The ASTM amends its standard D396 to include

29

blends of at least 10% biodiesel.

30

(7)  (i)  On or after May 1, 2011, oilheat fuel sold for

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1

use in residential, commercial or industrial heating

2

within this Commonwealth shall have a sulphur content of

3

no more than 15 parts per million (PPM).

4

(ii)  The department, with the concurrence of the

5

Department of Environmental Protection, may suspend or

6

modify to increase the allowable sulphur content of

7

oilheat fuel required by this subsection if the

8

department determines the suspension or modification is

9

warranted by an insufficient quantity of reasonable

10

available oilheat fuel of the required sulphur content in

11

a particular geographic area.

12

* * *

13

(f)  Exception.--The requirements of this section shall not

14

apply [to aviation fuel, home heating fuel or where prohibited

15

by law.]:

16

(1)  to aviation fuel;

17

(2)  to locomotive fuel; 

18

(3)  to marine fuel;

19

(4)  to grades of fuel oil other than grades numbered 1

20

and 2 under ASTM specifications D396 AND D975;

21

(5)  to diesel fuel produced from 100% Pennsylvania grade

22

crude oil by a small refiner, as defined in 40 CFR 80.1101(g)

23

(relating to definitions), through December 31, 2010; or

24

(6)  where prohibited by law.

25

Section 3.  Section 5 of the act is amended by adding

26

subsections to read:

27

Section 5.  Agency responsibilities.

28

* * *

29

(e)  Enforcement.--

30

(1)  The department is charged with the general

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1

enforcement of this act. The department may employ all proper

2

means for the enforcement of this act, including issuing

3

notices and orders, filing violations for criminal

4

prosecution, seeking injunctive relief, imposing civil

5

penalties and entering into consent agreements.

6

(2)  Any person that imports, transfers, offers for sale

7

or sells biodiesel, diesel fuel, off-road diesel fuel,

8

oilheat fuel or biodiesel blend in this Commonwealth for use

9

in on-road or off-road compression ignition engines or for

10

residential, commercial or industrial heating applications

11

shall register with the department.

12

(3)  Biodiesel blend shall be created using an approved

13

biodiesel blending method at such a time and place where the

14

diesel fuel, off-road diesel fuel or oilheat fuel is loaded

15

out of a petroleum load rack terminal in this Commonwealth

16

for further distribution, storage, transfer, offer for sale

17

or sale in this Commonwealth.

18

(4)  Diesel fuel, off-road diesel fuel and oilheat fuel

19

imported into this Commonwealth must be imported by

20

registered importers and must be blended with biodiesel to

21

create biodiesel blend by an approved biodiesel blending

22

method before the fuel may be sold or offered for sale within

23

this Commonwealth to any person other than the importer.

24

(5)  If a person has multiple locations where the person

25

conducts the activities set forth in paragraphs (2), (3) and

26

(4), each location shall be separately registered, but may be

27

submitted in a single electronic form. This paragraph

28

includes in-State and out-of-State persons, such as

29

refineries, terminals, distributors, producers, retailers and

30

unclassified importers that transfer, sell or offer for sale

- 8 -

 


1

biodiesel and biodiesel blend products for use in on-road or

2

off-road compression ignition engines or for residential,

3

commercial or industrial heating applications in this

4

Commonwealth.

5

(6)  Any time biodiesel blend is sold or transferred from

6

a refinery, terminal, distributor, producer, unclassified

7

importer or any person, for sale to ultimate consumers in

8

this Commonwealth, either directly or through a retailer or

9

other person, a bill of lading or shipping manifest shall be

10

provided to the person that receives the biodiesel blend. The

11

shipping manifest or bill of lading shall accompany the

12

biodiesel blend to the retailer. For direct consumer sales of

13

biodiesel blend by a refinery, terminal, distributor,

14

producer, unclassified importer or any person other than a

15

retailer, such bills of lading or shipping manifest shall be

16

retained at the point of sale. A copy of such records shall

17

be retained by the refinery, terminal, distributor, producer,

18

unclassified importer or person conducting the sale for a

19

period of one year from delivery of the biodiesel blend

20

product or for a longer period of time if part of an

21

enforcement action. For biodiesel blend, the bill of lading

22

or shipping manifest shall contain and disclose the following

23

information:

24

(i)  The Pennsylvania registration number, name and

25

location of the terminal, refinery, distributor,

26

producer, unclassified importer or person that created

27

the biodiesel blend.

28

(ii)  The biodiesel content, stating volume

29

percentage, based upon gallons of biodiesel per gallons

30

of diesel fuel base-stock, or an ASTM "Bxx" designation

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1

where "xx" denotes the volume percentage biodiesel

2

included in the blended product.

3

(iii)  The ASTM specification of the biodiesel used

4

in the biodiesel blend.

5

(iv)  The grade and ASTM specification of the diesel

6

fuel, off-road diesel fuel or oilheat fuel used in the

7

biodiesel blend and, for biodiesel blends made with

8

oilheat fuel, the sulfur content of the oilheat fuel.

9

(v)  The ASTM specification of the biodiesel blend.

10

(vi)  The total gallons of biodiesel blend sold,

11

shipped or transferred.

12

(vii)  A certification signed by the refinery,

13

terminal, distributor, producer, unclassified importer or

14

other person that created the biodiesel blend stating

15

that it was created by an approved biodiesel blending

16

method and the information contained in the bill of

17

lading or shipping manifest is true and correct subject

18

to the penalties of 18 Pa.C.S. § 4904 (relating to

19

unsworn falsification to authorities).

20

(7)  Retailers offering a biodiesel blend product for

21

ultimate sale to consumers for use in on-road or off-road

22

compression ignition engines or for residential, commercial

23

or industrial heating applications in this Commonwealth

24

shall:

25

(i)  Assure they receive and retain a copy of the

26

bills of lading and shipping manifests required by this

27

section.

28

(ii)  With regard to the sale or delivery of

29

biodiesel blending utilizing oilheat fuel, provide the

30

consumer as part of the sale or delivery a receipt

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1

showing the Pennsylvania registration number of the

2

person that created the biodiesel blend and the biodiesel

3

and sulfur content as required to be included in the

4

bills of lading by subsection (e)(6)(ii) and (iv). These

5

records shall be retained for a period of one year from

6

receipt of the biodiesel blend product, or for a longer

7

period of time if requested by the department as part of

8

an enforcement action, either at the facility where the

9

product is sold or at the corporate headquarters, so long

10

as the bills of lading and shipping manifests remain at

11

the facility where the product is sold until such time as

12

that product is sold or is no longer present at the

13

facility. Notwithstanding the provisions of this

14

subsection, no retailer shall be found in violation of

15

this act for failure to make the records required by this

16

section immediately available to the department upon

17

inspection of the facility where the product is sold,

18

provided that the records are submitted to the department

19

within two business days.

20

(8)  Any time biodiesel is sold or transferred from any

21

person to be sold or offered for sale to ultimate consumers

22

in this Commonwealth for use in on-road or off-road

23

compression ignition engines or for residential, commercial

24

or industrial heating applications as part of a biodiesel

25

blend, a certification shall be provided to the person that

26

receives the biodiesel. The certification shall accompany the

27

biodiesel to the person that creates the biodiesel blend and

28

shall accompany the biodiesel blend into which the biodiesel

29

has been incorporated to the retailer. The certification

30

shall be signed by the person selling or transferring the

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1

biodiesel and state that the biodiesel is compliant with the

2

definition and quality standards for biodiesel under this

3

act, including ASTM D-6751-02, or its successor standard, and

4

be made subject to the penalties of 18 Pa.C.S. § 4904. A copy

5

of the certification shall be retained by the person selling

6

or transferring the biodiesel, the person creating the

7

biodiesel blend and by the retailer for a period of one year

8

from delivery of the biodiesel or biodiesel blend, as

9

applicable, or for a longer period of time if requested by

10

the department as part of an enforcement action. With regard

11

to a retailer, a copy of the certification may be retained at

12

the corporate headquarters so long as the certification

13

remains at the facility where the product is sold until such

14

time as that product is sold or is no longer present at the

15

facility. Notwithstanding the provisions of this subsection,

16

no retailer shall be found in violation of this act for

17

failure to make the records required by this section

18

immediately available to the department upon inspection of

19

the facility where the product is sold, provided that the

20

records are submitted to the department within two business

21

days.

22

(9)  The department shall have the following authority:

23

(i)  To conduct unannounced random inspections of any

24

person or establishment located in this Commonwealth that

25

stores, holds, blends, sells or offers for sale diesel

26

fuel, off-road diesel fuel, oilheat fuel, biodiesel or

27

biodiesel blend. Inspections shall include the premises,

28

tanks, storage facilities, transportation and storage

29

vehicles, dispensing devices and any other place where

30

diesel fuel, off-road diesel fuel, oilheat fuel,

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1

biodiesel or biodiesel blend is stored, held, blended,

2

sold or offered for sale.

3

(ii)  To take samples of and test the diesel fuel,

4

off-road diesel fuel, oilheat fuel, biodiesel and

5

biodiesel blend being stored, held, blended, sold or

6

offered for sale.

7

(iii)  To audit the books and records, including

8

copying, pertaining to the diesel fuel, off-road diesel

9

fuel, oilheat fuel, biodiesel or biodiesel blend being

10

stored, held, sold or offered for sale, and its component

11

parts, including:

12

(A)  Delivery invoices, bills of lading and

13

shipping manifests.

14

(B)  Sales invoices, bills of lading and shipping

15

manifests.

16

(C)  Inventory records.

17

(D)  Contracts and agreements between suppliers,

18

buyers and sellers.

19

(10)  The department is authorized to access, during

20

regular business hours, the premises, including the tanks,

21

storage facilities, transportation and storage vehicles,

22

dispensing devices and any other place where diesel fuel,

23

off-road diesel fuel, oilheat fuel, biodiesel or biodiesel

24

blend is stored, held, blended, sold or offered for sale, and

25

the records of any establishment, located in this

26

Commonwealth, where diesel fuel, off-road diesel fuel,

27

oilheat fuel, biodiesel or biodiesel blend is stored, held,

28

processed, distributed, offered or exposed for sale or sold

29

in this Commonwealth for the purpose of investigation and

30

enforcement of this act, including auditing records and

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1

taking samples of diesel fuel, off-road diesel fuel, oilheat

2

fuel, biodiesel or biodiesel blend from tanks, storage

3

facilities, transportation and storage vehicles, dispensing

4

devices and any other place where diesel fuel, off-road

5

diesel fuel, oilheat fuel, biodiesel or biodiesel blend is

6

stored, held, blended, sold or offered for sale. A person

7

that willfully and intentionally interferes with an employee

8

of the department in the performance of duties or activities

9

authorized under this act commits a misdemeanor of the third

10

degree.

11

(11)  The department shall have the authority to issue

12

stop-sale orders with respect to all biodiesel and biodiesel

13

blend stored, held, blended, sold or offered for sale to

14

ultimate consumers in this Commonwealth for use in on-road or

15

off-road compression ignition engines or for residential,

16

commercial or industrial heating applications where the

17

department determines, after sampling and analysis, that the

18

biodiesel or biodiesel blend does not comply with the

19

standards established by this act or the regulations

20

promulgated under this act and would be detrimental to the

21

operation of on-road or off-road compression ignition engines

22

or residential, commercial or industrial heating if used for

23

its intended use. The department shall release the

24

noncompliant biodiesel or biodiesel blend for sale only when

25

the department determines the biodiesel or biodiesel blend is

26

either brought into compliance with this act or regulations

27

promulgated under this act or it would no longer be

28

detrimental to the operation of on-road or off-road

29

compression ignition engines or residential, commercial or

30

industrial heating systems if used for its intended use. All

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1

such biodiesel or biodiesel blend must be properly labeled as

2

to its noncompliant characteristics if released and permitted

3

to be sold without being brought into compliance with this

4

act or regulations promulgated under this act. A person that

5

knowingly sells or offers for sale biodiesel or biodiesel

6

blend subject to a stop-sale order in this Commonwealth for

7

use by ultimate consumers in on-road or off-road compression

8

ignition engines or for residential, commercial or industrial

9

heating applications commits a misdemeanor of the third

10

degree.

11

(f)  Penalties.--

12

(1)  The department may assess a civil penalty of not

13

less than $100 nor more than $1,000 per day for each knowing

14

violation of this act or a regulation promulgated under this

15

act.

16

(2)  The department shall provide written notice of the

17

penalty amount as well as the general factual and legal basis

18

for the penalty and shall advise the affected person that,

19

within 15 days of receipt of the notice, the person may file

20

with the Secretary of Agriculture a written request for an

21

administrative hearing. Unless a timely request has been

22

filed, the written notice shall become final. If a written

23

request for a hearing is timely filed, the hearing on the

24

penalty assessment shall be held in accordance with the

25

provisions of 2 Pa.C.S. Chs. 5 Subch. A (relating to practice

26

and procedure of Commonwealth agencies) and 7 Subch. A

27

(relating to judicial review of Commonwealth agency action).

28

(3)  In cases of inability to collect the civil penalty

29

or failure of any person to pay all or a portion of the

30

penalty, the department may refer the matter to the Office of

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1

General Counsel or the Office of Attorney General, which

2

shall institute an action in the appropriate court to recover

3

the penalty.

4

(4)  A person that knowingly violates a provision of this

5

act or a rule or regulation adopted or order issued under

6

this act:

7

(i)  Unless otherwise specified in this act, for the

8

first offense, commits a summary offense and shall, upon

9

conviction, be sentenced to pay a fine of not less than

10

$100 nor more than $500 plus costs of prosecution or to

11

imprisonment for not more than 90 days, or both.

12

(ii)  For a subsequent offense at a registered

13

location that occurs within two years of sentencing for

14

the prior violation, commits a misdemeanor of the third

15

degree and shall, upon conviction, be sentenced to pay a

16

fine of not less than $500 nor more than $1,000 plus

17

costs of prosecution or to imprisonment of not more than

18

one year, or both.

19

(5)  In addition to any other remedies set forth under

20

this act, a violation of this act or a regulation promulgated

21

under this act shall be abatable in the manner provided by

22

law or equity. In cases where the circumstances require it, a

23

mandatory preliminary injunction, special injunction or

24

temporary restraining order may be issued upon the terms

25

prescribed by the court, provided notice of the application

26

has been given to the respondent in accordance with the rules

27

of equity practice. In any proceeding, the court shall issue

28

a prohibitory or mandatory injunction if it finds that the

29

respondent is engaging in unlawful conduct as defined under

30

this act or is engaging in conduct which is causing immediate

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1

and irreparable harm to the public. In addition to the

2

injunction, the court, in the equity proceeding, may assess

3

civil penalties in accordance with this section.

4

(g)  Fees.--The department may impose registration and user

5

fees to recover costs of enforcement, such as, sampling,

6

inspection, lab analysis and testing, supplies, equipment and

7

administration costs and other fixed overhead costs incurred in

8

the enforcement and administration of this act. Unless otherwise

9

specified in this chapter, such fees shall be established by the

10

department through regulations.

11

Section 4.  Section 6(a) of the act is amended to read:

12

Section 6.  Infrastructure reports.

13

(a)  Certification.--At least six months prior to the

14

effective dates of the mandated content requirements contained

15

in sections 3(a)(1), (2), (3) [and], (4), (5) and (6) and 4, the

16

department and the Department of Transportation shall jointly

17

make a certification as to whether there is sufficient

18

transportation, distribution and other necessary infrastructure,

19

including rail capability and terminal facilities, in this

20

Commonwealth to meet the requirements of this act.

21

* * *

22

Section 5.  The act is amended by adding a section to read:

23

Section 8.  Biofuel Development Fund.

24

(a)    Establishment.--There is hereby established in the State

25

Treasury a nonlapsing fund to be known as the Biofuel

26

Development Fund. Fees, fines and penalties, including

27

administrative, civil and criminal penalties and interest

28

collected by the department under this act or regulations

29

promulgated under it shall be paid into the fund.

30

(b)  Appropriation.--Money and interest in the fund are

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1

hereby appropriated to the department on a continuing basis for

2

activities necessary to meet the requirements of the act and

3

regulations promulgated under it.

4

(c)  Supplements.--The Biofuel Development Fund may be

5

supplemented by money received from the following sources:

6

(1)  Federal funds appropriated to the department.

7

(2)  State funds appropriated to the department.

8

(3)  Proceeds from the sale of bonds made available to

9

the department.

10

(4)  Another source, including, gifts and other

11

contributions from public and private sources.

12

(d)    Administration.--The department shall have authority to

13

adopt procedures for the use of money in the fund including the

14

establishing of accounts within the fund for the purpose of

15

administration of the act and regulations promulgated under it.

16

(e)    Applicability.--The provisions of 42 Pa.C.S. Ch. 37

17

Subch. C (relating to judicial computer system) shall not apply

18

to the Biofuel Development Fund and fines collected as criminal

19

penalties under the act.

20

(f)    Deposit and use of money.--Administrative action shall

21

not prevent the deposit of money into the fund in the fiscal

22

year in which it is received. The money shall be used only for

23

the purposes authorized under this act and shall not be

24

transferred or diverted to another purpose by administrative

25

action.

26

Section 6.  This act shall take effect in 60 days.

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