Senate Bill 2151

AN ACT TO REQUIRE THE USE OF BIODIESEL FUEL; TO DEFINE BIODIESEL FUEL; TO PROVIDE FOR CERTAIN EXEMPTIONS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For purposes of this section, "biodiesel fuel" means a renewable, biodegradable, mono alkyl ester combustible liquid fuel derived from agricultural plant oils or animal fats and that meets American Society For Testing and Materials Specification D6751-02 for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.

(2) After July 1, 2008, all diesel fuel sold or offered for sale in Mississippi for use in internal combustion engines must contain at least 2.0 percent biodiesel fuel oil by volume.

(3) This section does not apply to fuel used in the following equipment: (a) railroad locomotives, (b) motors located at an electric generating plant regulated by the Nuclear Regulatory Commission, and (c) off-road mining equipment and machinery.

(4) (a) A distributor that makes capital expenditures necessary to adapt or add equipment to blend biodiesel fuel under the mandate in this section may be eligible for partial reimbursement for those expenditures if the mandate is repealed within eight (8) years of the date the mandate is effective.

(b) A distributor may apply to the Commissioner of Agriculture for a reimbursement from money appropriated for this purpose according to the following schedule: If the mandate is repealed within two (2) years of its effective date, the commissioner shall reimburse up to eighty percent (80%) of expenditures. The total amount eligible to be reimbursed shall decline by ten percent (10%) each year after the mandate is effective and shall end at twenty percent (20%) in the eighth year.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.