Action Alerts

An assembly bill to promote biodiesel in California!
Posted below is the status of A.B. 2899 which has been submitted by Assemblymember Shirley Horton. Some changes may still be possible but this is a bill that you should get your local representitive to support. This bill can also be the basis for any petition work that we might want to perform.
You can search and keep updated on the bills status at: www.leginfo.ca.gov/bilinfo.html

CURRENT BILL STATUSMEASURE: A.B. No. 2899
AUTHOR: Assembly Member Shirley Horton.
TOPIC: Biodiesel.
HOUSE LOCATION: ASM
TYPE OF BILL: Active Non-Urgency Non-Appropriations Majority Vote Required State-Mandated Local Program Fiscal Non-Tax Levy
INTRODUCED DATE:FEBRUARY 20, 2004
LAST HIST. ACT. DATE: 03/15/2004
LAST HIST. ACTION: Referred to Com. on TRANS.
TITLE: An act to add Article 6.5 (commencing with Section 13453) to Chapter 14 of Division 5 of the Business and Professions Code, relating to biodiesel.

BILL NUMBER: AB 2899
An act to add Article 6.5 (commencing with Section 13453) to Chapter 14 of Division 5 of the Business and Professions Code, relating to biodiesel. LEGISLATIVE COUNSEL'S DIGESTAB 2899, as introduced, Shirley Horton. Biodiesel.

Existing law generally imposes restrictions upon the sale of nonconforming fuel products. Existing law exempts developmental engine fuels authorized by the Department of Food and Agriculture from these restrictions, as specified. This bill would specify standards for biodiesel and biodiesel blends, as defined.

The bill would provide that no person shall sell at retail to the general public, specified biodiesel fuel from any place of business in this state unless there is displayed in a conspicuous place on the dispensing apparatus at least one sign stating the concentration of biodiesel, as specified.

This bill would also create a voluntary CO2 content labeling program for petroleum, biodiesel, and finished fuel blends containing biodiesel in order to provide distributors and retailers of petroleum, biodiesel, and biodiesel blended fuels the ability to voluntarily display a pump or tank label displaying recognized CO2 life-cycle reductions.

Because a violation of the provisions relating to petroleum is a misdemeanor, this bill would create a new crime, thereby imposing a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:SECTION 1. Article 6.5 (commencing with Section 13453) is added to Chapter 14 of Division 5 of the Business and Professions Code, to read: Article 6.5. Biodiesel 13453.

For the purposes of this article, the following definitions shall apply: (a) "Biodiesel" means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, designated B100, and meeting the requirements of the American Society for Testing and Materials (ASTM) D-6751. (b) "Biodiesel blend" means a blend of biodiesel with petroleum-based diesel fuel, designated BXX, where XX represents the volume of percentage of biodiesel fuel in the blend.

13454. (a) Biodiesel used as a blend stock shall meet the specifications in the most recent version of ASTM D-975. (b) Biodiesel Blends shall meet the following requirements: (1) Finished blends B5 and below shall meet the specifications in ASTM D-6751. (2) Finished blends B6 up to B20 shall meet the specifications in ASTM D-975 and provide a 10 degree Fahrenheit increase in distillation temperature. (c) This section shall become inoperative when pertinent fuel specifications are established by a recognized consensus organization or standards writing organization, such as the American Society for Testing and Materials (ASTM) or the Society of Automobile Engineers (SAE).

13455. (a) No person shall sell at retail to the general public, any biodiesel fuel B6 to B20 from any place of business in this state unless there is displayed in a conspicuous place on the dispensing apparatus at least one sign stating "Contains up to 20 percent Biodiesel." (b) Any person selling finished blends containing 20 percent biodiesel may display on the dispensing apparatus in a conspicuous place a sign stating "B20." (c) No person shall sell at retail to the general public any biodiesel fuel B21 to B100 from any place of business in this state unless there is displayed in a conspicuous place on the dispensing apparatus at least one sign stating the specific volume concentration of biodiesel.

13456. (a) There shall be in this state a voluntary CO2 content labeling program for petroleum, biodiesel, and finished fuel blends containing biodiesel in order to provide distributors and retailers of petroleum, biodiesel, and biodiesel blended fuels the ability to voluntarily display a pump or tank label displaying recognized CO2 life-cycle reductions. (b) The California Energy Commission shall be the entity responsible for assessing and determining the levels of lifecycle CO2 reductions, which shall be demonstrated in terms of percentages of reductions. (c) If a lifecycle CO2 analysis has previously been conducted by a single agency or department, or combination of agencies and departments of the federal government, the commission shall adopt the result of those findings. (d) In assessing and determining levels of lifecycle CO2 reductions, the commission may establish a testing program. In addition, where no previous CO2 lifecycle analysis has been conducted by an entity of the federal government, the commission shall consider data and findings provided by the industry, private sector research, academic research, and government sponsored research as part of their assessment and determination of lifecycle CO2 reductions. If the commission finds the data submitted by industry, private sector research, academic research, or government research is adequate, it may establish CO2 lifecycle reductions based on the results of the provided findings.

13457. (a) Administration and enforcement of the program established in Section 13456 shall be conducted by the Division of Measurement Standards. (b) The division shall be responsible for the development and distribution of CO2 content labels. (c) The division may establish a fee in order to recoup ordinary and necessary costs for labels from the program participants. (d) Entities that chose to participate in the program shall file with the division an annual report of their intent to participate. Participants shall submit label requests to the division for approval. (e) The division, as part of its ordinary course of standards enforcement, shall ensure the CO2 reductions advertised are consistent with the fuel being sold.

(f) The division shall work in conjunction with the California Energy Commission to utilize the results of the commission's assessments and determinations for lifecycle CO2 reductions as the numbers to be printed on the labels. 13458. The amount of CO2 reduction established pursuant to Sections 13456 and 13457 shall be recognized as accurate for all purposes under California law.

It is the intent of the Legislature to enable the use of biodiesel to achieve CO2 emission reductions and allow the user to generate CO2 credits for credit banking and trading programs, as well as for eligibility as a CO2 reduction compliance strategy under greenhouse gas reduction rules and programs established in California. SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Text origin: Turbo biodiesel: Biodiesel for breakfast

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Also from the National Biodiesel Board:
"Biodiesel Bulletin"California Adopts Stringent Biodiesel Specs and Labeling Requirements California is a beautiful state, with breathtaking scenery, the second largest petroleum diesel market in the U.S., and possibly the largest contingent of dedicated biodiesel enthusiasts.

It is now also home to stringent fuel specification and labeling requirements for biodiesel. The Division of Measurement Standards (DMS) has just completed a rulemaking process adopting fuel specifications and dispenser labeling requirements for biodiesel. All dispensing equipment for biodiesel blends must be labeled for the specific blend content (B2, B20, B100), plus all blends over B5 must be labeled “THIS FUEL CONTAINS BIODIESEL. CHECK THE OWNER’S MANUAL OR WITH YOUR ENGINE MANUFACTURER BEFORE USING.”

Also, all blends of biodiesel must meet the petroleum diesel specification ASTM (American Society for Testing and Materials) D975. Data have shown blends up to B20 meet the ASTM D975 parameters in a majority of cases. This process was precipitated by the requirement placed on DMS to adopt a specification for any fuel sold in California. With the help of Californians who called and wrote DMS, the industry did score a significant change in the labeling requirement through the removal of unnecessarily negative terms and references.

“The requirement for all finished blends to meet the diesel fuel specification is only a short-term measure,” said Scott Hughes, NBB California regulatory manager. “The B20 Fill and Go specification, when adopted by ASTM, will supercede this requirement automatically. When ASTM adopts a specification for B100, that will also be automatically incorporated by DMS.” NBB is currently pursuing legislative change to address some of the onerous requirements. The bill is AB 2899, sponsored by Assemblywoman Shirley Horton. California readers: please take a minute to contact your State Senator and Representative to let them know of your support for biodiesel and AB 2899.
You can find contact information at: www.leginfo.ca.gov/yourleg.html.

NBB’s second step is to apply for a variance for biodiesel; both B20 and B100 until ASTM completes it work on these specifications. A variance would provide legal authority for these fuels to continue to be sold to “centrally fueled” customers (i.e. fleets, fuel co-ops, potentially card-lock facilities). On a sunnier note, the California Energy Commission recently convened a Biodiesel Workgroup to identify barriers to biodiesel’s further expansion in California, strategies for overcoming these barriers, and to establish standards to measure the future success of bringing biodiesel further into California’s marketplace.

The workgroup was established as part of the Commission’s process to reduce the state’s dependence on petroleum and encourage the expanded use of non-petroleum fuels. NBB is a participating member along with several member organizations and stakeholders.

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