SB-1076, As Passed Senate, April 20, 2006

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 1076

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1984 PA 270, entitled

 

"Michigan strategic fund act,"

 

(MCL 125.2001 to 125.2094) by adding section 78.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 78. (1) The fund shall create and administer a retail

 

service station grant program to provide incentives to owners and

 

operators of retail service stations to convert existing fuel

 

delivery systems and to create new fuel delivery systems designed

 

to provide E85 fuel.

 

     (2) The retail service station grant program shall provide for

 

all the following:

 

     (a) That a grant shall not exceed 50% of the costs to convert

 

an existing fuel delivery system to provide E85 fuel or biodiesel

 

blend, not to exceed $2,000.00 per facility.


 

     (b) That a grant shall not exceed 50% of the new construction

 

costs to create a fuel delivery system to provide E85 fuel or

 

biodiesel blend, not to exceed $15,000.00 per facility for E85 fuel

 

and $5,000.00 per facility for biodiesel blend.

 

     (c) A contractual provision requiring the grant recipient to

 

repay a portion of the grant if the grant recipient stops using the

 

fuel delivery system to provide E85 fuel or biodiesel blend within

 

3 years of receiving the grant, as determined by the fund. The

 

portion of the grant to be repaid shall be calculated by

 

multiplying the amount of the grant by a fraction, the numerator of

 

which is the number of days that the fuel delivery system was not

 

used to provide E85 fuel or biodiesel blend during that 3-year

 

period and the denominator of which is 1,095.

 

     (3) The fund shall create and administer a bulk plant grant

 

program to provide incentives to owners and operators of bulk

 

plants to convert existing fuel delivery systems and to create new

 

fuel delivery systems designed to provide biodiesel blends.

 

     (4) The bulk plant grant program shall provide for all the

 

following:

 

     (a) That a grant shall not exceed 50% of the costs to convert

 

an existing fuel delivery system to provide biodiesel blend, not to

 

exceed $2,000.00 per facility.

 

     (b) That a grant shall not exceed 50% of the new construction

 

costs to create a fuel delivery system to provide biodiesel blend,

 

not to exceed $15,000.00 per facility.

 

     (c) A contractual provision requiring the grant recipient to

 

repay a portion of the grant if the grant recipient stops using the


 

fuel delivery system to provide biodiesel blend within 3 years of

 

receiving the grant, as determined by the fund. The portion of the

 

grant to be repaid shall be calculated by multiplying the amount of

 

the grant by a fraction, the numerator of which is the number of

 

days that the fuel delivery system was not used to provide

 

biodiesel blend during that 3-year period and the denominator of

 

which is 1,095.

 

     (5) The fund shall initially fund the retail service station

 

grant program and the bulk plant grant program with a combined

 

amount not to exceed $500,000.00 in the 2006-2007 fiscal year.

 

     (6) As used in this section:

 

     (a) "Biodiesel" means a fuel composed of mono-alkyl esters of

 

long chain fatty acids derived from vegetable oils or animal fats,

 

and, in accordance with standards specified by the American society

 

for testing and materials, designated B100, and meeting the

 

requirements of D-6751, as approved by the department of

 

agriculture.

 

     (b) "Biodiesel blend" means a fuel comprised of a blend of

 

biodiesel fuel with petroleum-based diesel fuel, suitable for use

 

as a fuel in a compression-ignition internal combustion diesel

 

engine.

 

     (c) "Bulk plant" means that term as defined in section 2 of

 

the motor fuel tax act, 2000 PA 403, MCL 207.1002.

 

     (d) "E85 fuel" means a fuel blend containing between 70% and

 

85% denatured fuel ethanol and gasoline suitable for use in a

 

spark-ignition engine and that meets American society for testing

 

and materials D-5798 specifications.


 

     (e) "Retail service station" means a commercial public access

 

service station and does not include state, school, university, or

 

local governmental refueling sites.