PRINTER'S NO. 2277
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1690
Session of
2019
INTRODUCED BY HARKINS, BURGOS, BIZZARRO, FREEMAN, HILL-EVANS AND
NEILSON, JUNE 27, 2019
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
JUNE 27, 2019
AN ACT
Amending the act of July 10, 2008 (P.L.1009, No.78), entitled
"An act providing for the study and mandated content of
biofuels," further providing for definitions, for biodiesel
content in diesel fuel sold for on-road use, for blending,
registration and other requirements and for department
authority and responsibility.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "biodiesel blend" in section 2
of the act of July 10, 2008 (P.L.1009, No.78), known as the
Biofuel Development and In-State Production Incentive Act, is
amended to read:
Section 2. 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 blend." A blend of diesel fuel and biodiesel in a
percentage blend to be sold or offered for sale to ultimate
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consumers in this Commonwealth for use in on-road compression
ignition engines or for use in residential or commercial heating
systems.
* * *
Section 2. Sections 3 heading, (a), (b) and (f)(1), 4.1(b)
and 5(e)(1)(iv) are amended to read:
Section 3. Biodiesel content in diesel fuel sold for on-road
use or for use in residential or commercial
heating systems.
(a) Volume standards.--The following standards shall apply:
(1) All diesel fuel sold or offered for sale to ultimate
consumers in this Commonwealth for use in on-road compression
ignition engines or for use in residential or commercial
heating systems must be blended with biodiesel so as to
achieve a biodiesel blend of at least 2% biodiesel by volume
one year after the in-State production volume of 40,000,000
gallons of biodiesel has been reached and sustained for three
months on an annualized basis as determined by the
department. Biodiesel blend of less than 6% biodiesel shall
comply with ASTM specification D975 or its successor
standard. Biodiesel blend of 6% or more through 20% biodiesel
shall comply with ASTM specification D7467 or its successor
standard. Biodiesel blend of more than 20% biodiesel shall
comply with standards adopted by the department through
regulation until an ASTM standard is applicable.
(2) All diesel fuel sold or offered for sale to ultimate
consumers in this Commonwealth for use in on-road compression
ignition engines or for use in residential or commercial
heating systems must be blended with biodiesel so as to
achieve a biodiesel blend of at least 5% biodiesel by volume
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one year after the in-State production volume of 100,000,000
gallons of biodiesel has been reached and sustained for three
months on an annualized basis as determined by the
department. Biodiesel blend of less than 6% biodiesel shall
comply with ASTM specification D975 or its successor
standard. Biodiesel blend of 6% or more through 20% biodiesel
shall comply with ASTM specification D7467 or its successor
standard. Biodiesel blend of more than 20% biodiesel shall
comply with standards adopted by the department through
regulation until an ASTM standard is applicable.
(3) All diesel fuel sold or offered for sale to ultimate
consumers in this Commonwealth for use in on-road compression
ignition engines or for use in residential or commercial
heating systems must be blended with biodiesel so as to
achieve a biodiesel blend of at least 10% biodiesel by volume
one year after the in-State production volume of 200,000,000
gallons of biodiesel has been reached and sustained for three
months on an annualized basis as determined by the
department. Biodiesel blend of 10% or more through 20%
biodiesel shall comply with ASTM specification D7467 or its
successor standard. Biodiesel blend of more than 20%
biodiesel shall comply with standards adopted by the
department through regulation until an ASTM standard is
applicable.
(4) All diesel fuel sold or offered for sale to ultimate
consumers in this Commonwealth for use in on-road compression
ignition engines or for use in residential or commercial
heating systems must be blended with biodiesel so as to
achieve a biodiesel blend of at least 20% biodiesel by volume
one year after the in-State production volume of 400,000,000
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gallons of biodiesel has been reached and sustained for three
months on an annualized basis as determined by the
department. Biodiesel blend of 20% biodiesel shall comply
with ASTM specification D7467 or its successor standard.
Biodiesel blend of more than 20% biodiesel shall comply with
standards adopted by the department through regulation until
an ASTM standard is applicable.
(b) Applicability of standards.--
(1) The volume standards mandated in subsection (a)(3)
and (4) shall be effective only if the department, in
cooperation with the Department of Transportation and the
Department of Environmental Protection, makes a determination
that manufacturers of diesel-fueled vehicles that are sold in
this Commonwealth have indicated publicly that they will not
void or withdraw vehicle engine warranties due to the use of
biodiesel blends at the percentages contained in the
corresponding subsection. This determination shall be
published in the Pennsylvania Bulletin and transmitted to the
Majority Leader and the Minority Leader of the Senate and the
Majority Leader and the Minority Leader of the House of
Representatives.
(2) The volume standards mandated in subsection (a)(3)
and (4) or for use in residential or commercial heating
systems, shall be effective only if the department, in
cooperation with the Department of Environmental Protection,
makes a determination that manufacturers of residential or
commercial heating systems that are sold in this Commonwealth
have indicated publicly that the manufacturer will not void
or withdraw heating system warranties due to the use of
biodiesel blends at the percentages contained in subsection
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(a). The Department of Environmental Protection shall
transmit notice to the Legislative Reference Bureau for
publication in the Pennsylvania Bulletin, to the Majority
Leader and the Minority Leader of the Senate and the Majority
Leader and the Minority Leader of the House of
Representatives.
* * *
(f) Exceptions.--The requirements of this section shall not
apply to:
(1) Aviation fuel[, home heating fuel oil of any grade
or where prohibited by law].
* * *
Section 4.1. Blending, registration and other requirements.
* * *
(b) Registration requirements.--Any person that offers for
sale, sells or otherwise transfers title in this Commonwealth to
biodiesel blend or biodiesel for use by consumers in on-road
compression ignition engines or for use in residential or
commercial heating systems shall register annually with the
department. Each location in this Commonwealth where the person
conducts the activity shall be separately registered, but may be
submitted in a single form. This subsection shall apply to in-
State and out-of-State persons. The application for registration
shall be on a form prescribed by the department and may be
accepted electronically by the department.
* * *
Section 5. Department authority and responsibility.
* * *
(e) Authority.--
(1) The department shall have the following authority:
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* * *
(iv) To issue stop-sale orders with respect to all
biodiesel blend and biodiesel stored, held, blended, sold
or title to which is otherwise transferred or offered for
sale to consumers in this Commonwealth for use in on-road
compression ignition engines or for use in residential or
commercial heating systems if the department determines,
after sampling and analysis, that the biodiesel blend or
biodiesel does not comply with the standards established
under this act or the regulations promulgated under this
act and would be detrimental to the operation of on-road
compression ignition engines or for use in residential or
commercial heating systems if used [for its] as intended
[use]. The department may release the noncompliant
biodiesel blend or biodiesel for sale only when the
department determines the biodiesel blend or biodiesel is
either brought into compliance with this act or
regulations promulgated under this act or it would no
longer be detrimental to the operation of on-road
compression ignition engines if used for its intended
use. All such biodiesel blend or biodiesel must be
properly labeled as to its noncompliant characteristics
if released and permitted to be sold without being
brought into compliance with this act or regulations
promulgated under this act. A person that knowingly
sells, offers for sale or otherwise transfers title to
biodiesel blend or biodiesel in this Commonwealth subject
to a stop-sale order for use by consumers in on-road
compression ignition engines or for use in residential or
commercial heating systems commits a misdemeanor of the
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third degree.
* * *
Section 3. This act shall take effect in 60 days.
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