MISSISSIPPI LEGISLATURE
2006 Regular Session
To: Agriculture
By: Senator(s) Lee (35th), Albritton, Browning, Burton, Butler, Carmichael, Chaney, Clarke, Dearing, Gollott, Harden, Hewes, Jackson (32nd), Jordan, King, Morgan, Nunnelee, Posey, Simmons, Thames, Thomas, Walley, Walls, Williamson
AN ACT TO AMEND SECTION 69-51-3, MISSISSIPPI CODE OF 1972, TO DEFINE THE TERM BIO-DIESEL FUEL; TO CREATE NEW SECTION 69-51-7, MISSISSIPPI CODE OF 1972, TO REQUIRE DIESEL FUEL PRODUCED AND SOLD OR OFFERED FOR SALE IN THE STATE AFTER A CERTAIN DATE FOR USE IN COMBUSTION ENGINES TO CONTAIN A CERTAIN MINIMUM PERCENTAGE OF BIO-DIESEL FUEL OIL BY VOLUME; TO PROVIDE AN EXEMPTION FOR RAILROAD LOCOMOTIVES AND CERTAIN OTHER EQUIPMENT AND MACHINES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 69-51-3, Mississippi Code of 1972, is amended as follows:
69-51-3. For the purposes of this chapter, the following terms shall have the meanings ascribed to them herein unless the context clearly indicates otherwise:
(a) "Anhydrous alcohol" means fermentation ethyl alcohol derived from biomass, but that does not meet ASTM specifications or is not denatured and is shipped in bond for further processing.
(b) "Biomass" means any organic matter which is available on a renewable basis including agricultural crops and agricultural wastes and residues, wood and wood wastes and residues, and animal wastes.
(c) "Ethanol" means fermentation ethyl alcohol which is produced from biomass and, that:
(i) Meets all of the specifications in ASTM specification D 4806-88; and
(ii) Is denatured as specified in Code of Federal Regulations, Title 27, parts 20 and 21.
(d) "Ethanol plant" means a plant at which ethanol, anhydrous alcohol or wet alcohol is produced.
(e) "Wet alcohol" means agriculturally derived fermentation ethyl alcohol having a purity of at least fifty percent (50%) but less than ninety-nine percent (99%).
(f) "Bio-diesel 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 Bio-diesel Fuel (B100) Blend Stock for Distillate Fuels.
SECTION 2. The following shall be codified as Section 69-51-7, Mississippi Code of 1972:
69-51-7. (1) (a) Except as otherwise provided in this section, all diesel fuel produced and sold or offered for sale in Mississippi for use in internal combustion engines must contain at least two percent (2%) bio-diesel fuel oil by volume.
(b) The mandate in subsection (1)(a) is effective from and after the date that the conditions in subparagraphs (i) and (ii) have been met:
(i) Thirty (30) or more days have passed since the Commissioner of Agriculture and Commerce publishes notice that annual capacity in Mississippi for the production of bio-diesel fuel oil exceeds eight million (8,000,000) gallons; and
(ii) Eighteen (18) months have passed since the Commissioner of Agriculture publishes notice in the state register that a federal action on taxes imposed, tax credits, or otherwise, creates a reduction in the price of Two Cents (2˘) or more per gallon on taxable fuel that contains at least two percent (2%) bio-diesel fuel oil and is sold in this state.
(2) (a) The minimum content requirement of subsection (1) does not apply to fuel used in the following equipment:
(i) Motors located at an electric generating plant regulated by the Nuclear Regulatory Commission;
(ii) Railroad locomotives; and
(iii) Off-road taconite and copper mining equipment and machinery.
(b) The exemption in subsection (2)(a)(i) expires thirty (30) days after the Nuclear Regulatory Commission has approved the use of bio-diesel fuel in motors at electric generating plants under its regulation.
(3) A refinery or terminal shall provide, at the time diesel fuel is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest to the person who receives the fuel. For bio-diesel-blended products, the bill of lading or shipping manifest must disclose bio-diesel content, stating volume percentage, gallons of bio-diesel per gallons of petroleum diesel base-stock, or an American Society for Testing and Materials (ASTM) "Bxx" designation where "xx" denotes the volume percent bio-diesel included in the blended product. This subsection does not apply to sales or transfers of bio-diesel blend stock between refineries, between terminals, or between a refinery and a terminal.
SECTION 3. This act shall take effect and be in force from and after July 1, 2006.