SB 810 - The act requires that all diesel fuel sold at retail in Missouri on and after April 1, 2010 shall be a biodiesel-blended fuel.
Under current law, if a distributor is not able to obtain fuel ethanol or fuel ethanol-blended gasoline at the terminal at the same or lower price as unblended gasoline, it is not considered a violation for the distributor and retailer to purchase or sell unblended gasoline. The act removes this exception, which means the retailers must sell fuel ethanol-blended gasoline regardless of its cost in comparison to unblended gasoline.
Diesel fuel used by railroads and nuclear power generation facilities are exempt from the act’s provisions. The Director of the Department of Agriculture may exempt additional fuel uses from the requirements of the act. Under current law, the Governor may issue an Executive Order to waive any of the current fuel-ethanol requirements for reasons related to air quality. The act removes the air quality criteria, thereby allowing the Governor to issue an Executive Order to waive the current fuel ethanol or the act's biodiesel requirements for any reason.
In promulgating rules for the act, the Department of Agriculture shall, as much as practicable, apply to biodiesel producers the requirements of an "accredited producer" in the BQ-9000 program of the National Biodiesel Accreditation Commission.
Beginning January 1, 2010, fuel terminals in Missouri that sell diesel fuel shall sell biodiesel, conventional diesel fuel, and biodiesel-blended fuel that contains 5% biodiesel by volume, but it shall not be considered a violation for a terminal to sell biodiesel-blended fuel that contains more than 5% biodiesel by volume provided any such sale adheres to notification requirements promulgated by the Department of Agriculture.
Current law allows fuel retailers, wholesalers, distributors, and marketers to purchase fuel ethanol from any terminal, position holder, fuel ethanol producer, wholesaler, or supplier. The act allows these entities to purchase biodiesel in the same manner.
The Department of Agriculture shall develop cold temperature operability standards for biodiesel and shall enforce the standards beginning January 1, 2010.
Anyone who manufactures biodiesel that does not meet the quality standard as promulgated by the Department of Agriculture may be subject to a penalty of up to $10,000 per violation as well as be subject to a cease and desist order.
This act is similar to HCS/SS#2/SCS/SB 204 (2007).