CHAPTER 85

HB 1631-FN – FINAL VERSION

30Apr2008… 1501eba

2008 SESSION

08-2885

08/03

HOUSE BILL 1631-FN

AN ACT relative to the state purchase of biodiesel fuels.

SPONSORS: Rep. Borden, Rock 18; Rep. Harvey, Hills 21; Rep. Devine, Rock 7; Sen. Janeway, Dist 7; Sen. Fuller Clark, Dist 24

COMMITTEE: Transportation

ANALYSIS

This bill requires the commissioner of the department of transportation and the division of plant and property management to purchase fuels that contain a certain amount of biodiesel.

This bill is a request of the commission to study the production and distribution of biodiesel in New Hampshire established in 2007, 283.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

30Apr2008… 1501eba

08-2885

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to the state purchase of biodiesel fuels.

Be it Enacted by the Senate and House of Representatives in General Court convened:

85:1 New Paragraphs; State Purchase of Biodiesel. Amend RSA 21-I:11 by inserting after paragraph II the following new paragraphs:

II-a. Purchasing only heating oil that contains at least 5 percent biodiesel, as defined in RSA 362-A:1-a, I-b, except if such product is unavailable or is more costly than a 100 percent petroleum product, in which case such purchase shall be made at the discretion of the director. The director, when using such discretion, shall consider at a minimum any savings related to equipment maintenance and longevity that may result from biodiesel use.

II-b. Purchasing biodiesel fuel blends for the department of transportation in accordance with RSA 228:24-a, II.

85:2 State Purchase of Biodiesel. Amend RSA 228:24-a to read as follows:

228:24-a Motor Fuel Inventory Fund.

I. There is hereby established a motor fuel inventory fund not to exceed $1,000,000, which sum is hereby authorized as a revolving fund comprised of funds in the highway fund that are not otherwise appropriated. The commissioner of transportation may purchase, through the division of property and plant management, such amounts of motor fuels as may be necessary for the operation of an automated state fleet fuel distribution and records management system. The commissioner is further authorized to sell motor fuel from the motor fuel inventory to all departments and institutions of the state, political subdivisions of the state, eligible nonprofit corporations operating transportation under contract with the department of transportation for elderly or disabled persons, and agencies of the federal government. The commissioner is authorized to assess a fair and equitable charge with respect to the sale of motor fuel sufficient to defray all administrative, transportation, storage, amortization, and other costs incurred by the department in administering this account sufficient to fully reimburse the inventory fund.

II. The commissioner shall only purchase diesel fuel that contains at least 5 percent biodiesel, as defined in RSA 362-A:1-a, I-b, except if such fuel is unavailable or is more costly than 100 percent petroleum diesel, in which case such purchase shall be at the discretion of the commissioner. The commissioner, when using such discretion, shall consider at a minimum any savings related to equipment maintenance and longevity that may result from biodiesel use. The commissioner is encouraged to purchase diesel fuels containing up to 20 percent biodiesel when such fuels are compatible with the vehicles served at given fuel depots. Any biodiesel blend purchased by the commissioner shall be made available as provided for in paragraph I.

85:3 Effective Date. This act shall take effect January 1, 2009.

Approved: May 21, 2008

Effective Date: January 1, 2009