Senate Committee Substitute

SCS/SB 204 - This act requires that all diesel fuel sold at retail in Missouri after April 1, 2009 shall be a biodiesel-blended fuel. The biodiesel used to meet this requirement shall be produced by accredited producers under the National Biodiesel Accreditation Commission and may only be purchased through qualified terminals.

If the acquisition of biodiesel-blended fuel is more expensive for a distributor than acquisition of conventional diesel fuel, the distributor is not required to acquire the biodiesel or biodiesel-blended fuel and neither this nor the sale of conventional diesel fuel at retail will be considered a violation of the act.

Diesel fuel used by railroads and nuclear power generation facilities are exempt from the act's provisions.

Fuel terminals in Missouri that sell diesel fuel shall sell both biodiesel-blended fuel and conventional diesel fuel. The biodiesel-blended fuel sold by terminals must contain at least 5% biodiesel by volume. Any blending of biodiesel and conventional diesel to meet the requirements of this act may only be conducted at a terminal.

The Department of Agriculture shall develop cold temperature operability standards for biodiesel and shall enforce the standards beginning January 1, 2009.

Anyone who manufactures biodiesel that does not meet the quality standard as described in this act may be subject to a penalty of up to $10,000 per violation as well as be subject to a cease and desist order.

Fuel retailers may mix or co-mingle biodiesel-blended fuel and conventional diesel fuel and mix or co-mingle fuel ethanol-blended gasoline and unblended gasoline without penalty.

ERIKA JAQUES


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