Act No. 272

Public Acts of 2006

Approved by the Governor

July 7, 2006

Filed with the Secretary of State

July 7, 2006

EFFECTIVE DATE: July 7, 2006

STATE OF MICHIGAN

93RD LEGISLATURE

REGULAR SESSION OF 2006

Introduced by Reps. Mayes, Spade, Angerer, Kehrl, Dillon, Leland, Espinoza, Polidori, Farrah, Clemente, Gleason, Lemmons, Jr., Cushingberry, Miller, Donigan, Anderson, Vagnozzi, Gonzales, Clack, Bieda, Wojno, Accavitti, Brown, Byrnes, Adamini, McDowell, Sheltrown, Condino, Alma Smith, Meisner, Hopgood, Williams, Zelenko, Bennett, Kathleen Law, Whitmer, Tobocman, Gillard, Sak, Kolb, Lipsey, Virgil Smith, Byrum, Hunter, Waters, Murphy, Plakas, Cheeks, Lemmons, III and McConico

ENROLLED HOUSE BILL No. 5181

AN ACT to create a commission to investigate alternative fuels; to define certain alternative fuels; to determine certain powers and duties of the commission; and to repeal acts and parts of acts.

The People of the State of Michigan enact:

Sec. 1. This act shall be known and may be cited as the "renewable fuels commission act".

Sec. 2. As used in this act:

(a) "Alternative fuel" means a fuel composed of biomass or another fuel that does not have petroleum as a base or a blend of a nonpetroleum-based fuel and a petroleum-based fuel. Alternative fuel may include, but is not limited to, biodiesel and ethanol.

(b) "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.

(c) "Biomass fuel" means a fuel made from plant material, vegetation, or agricultural waste.

(d) "Ethanol" means a substance that meets the American society for testing and materials standard in effect on the effective date of this act as the D-4806 specification for denatured fuel grade ethanol for blending with gasoline.

Sec. 3. (1) The renewable fuels commission is established within the department of agriculture. The commission shall investigate and recommend strategies that the governor and the legislature may implement to promote the use of alternative fuels and encourage the use of vehicles that utilize alternative fuels. The commission shall also identify mechanisms that promote research into alternative fuels.

(2) The commission shall identify mechanisms that promote effective communication and coordination of efforts between this state and local governments, private industry, and institutes of higher education concerning the investigation, research into, and promotion of alternative fuels.

(3) The commission may also review any state regulation that may hinder the use, research, and development of alternative fuels and vehicles that are able to utilize them and recommend changes to the governor.

Sec. 4. The commission shall consist of the following members, appointed by the governor within 90 days of the effective date of this act:

(a) The director of the department of agriculture or his or her designee. The director of the department of agriculture shall be the chair of the commission.

(b) One member representing the Michigan economic development corporation.

(c) One member representing the department of labor and economic growth.

(d) At least 1 member from the largest organization in this state that represents corn producers exclusively.

(e) At least 1 member from the largest organization in this state that represents soybean producers exclusively.

(f) One representative of automotive fuel blenders in this state.

(g) One representative of retail petroleum sellers in this state.

(h) One representative of petroleum suppliers in this state.

(i) One representative of biodiesel producers.

(j) One representative of ethanol producers.

(k) One representative of environmental organizations.

(l) Three representatives of the automotive manufacturing industry.

(m) Three representatives of colleges and universities in this state that are engaged in alternative fuel research.

(n) Any other member that the governor concludes is necessary to further the commission's purposes.

Sec. 5. No later than 1 year after the effective date of this act, the commission shall issue a written report on its investigation and recommendations to the legislature and the governor. Follow-up reports shall be issued at least annually and may be issued more frequently if the commission deems it advisable.

Sec. 6. This act is repealed effective January 1, 2010.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor