hb1412_LC_38_0108S_hs_4.html
06 LC 38 0108S

The House Committee on State Planning and Community Affairs offers the following
substitute to HB 1412:

A BILL TO BE ENTITLED
AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, Title 36 of the Official Code of Georgia Annotated, relating to local government, and Title 50 of the Official Code of Georgia Annotated, relating to state government, so as to require the use of clean and renewable fuels in certain vehicles operated by certain government entities under certain circumstances; to provide for legislative findings and declarations; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
The General Assembly finds and declares as follows:
(1) Georgia currently consumes nearly 6.5 billion gallons of gasoline and diesel fuel annually;
(2) Petroleum is imported primarily from outside the United States;
(3) Using clean alternative fuels instead of fossil fuels will provide for a cleaner environment by reducing water and air contamination;
(4) In particular, the use of clean renewable fuels such as biodiesel and ethanol will provide additional benefits for the State of Georgia;
(5) Georgia has the potential to create a biofuels industry that would serve as a model for the South and thereby attract additional new industries;
(6) This biofuels industry could add over $1 billion of economic activity to Georgia and increase the statés income tax collections by over $10 million annually;
(7) Nearly 500 direct and over 1,000 indirect jobs would be created by the Georgia biofuels industry; and
(8) Creating this industry will add additional value to Georgiás agricultural and forestry commodities, including biomass, and support land values in rural Georgia.

SECTION 2.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by inserting immediately following Code Section 20-2-504 a new Code section to read as follows:
"20-2-504.1.
(a) As used in this Code section, the term:
(1) 'Biodiesel fuel' means fuel meeting the American Society for Testing and Materials D6751 specification with a minimum blend level of 2 percent.
(2) 'Clean renewable fuel' means biodiesel fuel and ethanol.
(3) 'Ethanol' means fuel meeting the American Society for Testing and Materials specification with a minimum blend level of 5 percent.
(b) On and after January 1, 2007, each local school district shall use clean renewable fuel in any gasoline or diesel motor vehicle or equipment it operates whenever such fuel is compatible with the technology of the vehicle or equipment and is reasonably available at a cost similar to that of conventional fuel.
(c) On and after January 1, 2007, no local school district shall enter into any contract to purchase or lease any motor vehicle that is not capable of being powered by clean renewable fuel or other alternative fuel if a motor vehicle capable of being powered by such a clean renewable fuel is suitable for the intended use and such motor vehicle is reasonably available at a cost similar to that of comparable conventionally fueled vehicles."

SECTION 3.
Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by inserting a new Code section immediately following Code Section 36-60-23 to read as follows:
"36-60-24.
(a) As used in this Code section, the term:
(1) 'Biodiesel fuel' means fuel meeting the American Society for Testing and Materials D6751 specification with a minimum blend level of 2 percent.
(2) 'Clean renewable fuel' means biodiesel fuel and ethanol.
(3) 'Ethanol' means fuel meeting the American Society for Testing and Materials specification with a minimum blend level of 5 percent.
(b) On and after January 1, 2007, each county and municipal corporation shall use clean renewable fuel in any gasoline or diesel motor vehicle or equipment it operates whenever such fuel is compatible with the technology of the vehicle or equipment and is reasonably available at a cost similar to that of conventional fuel.
(c) On and after January 1, 2007, no county or municipal corporation shall enter into any contract to purchase or lease any motor vehicle that is not capable of being powered by clean renewable fuel or other alternative fuel if a motor vehicle capable of being powered by such a clean renewable fuel is suitable for the intended use and such motor vehicle is reasonably available at a cost similar to that of comparable conventionally fueled vehicles."

SECTION 4.
Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by inserting a new Code section immediately following Code Section 50-19-6 to read as follows:
"50-19-6.1.
(a) As used in this Code section, the term:
(1) 'Biodiesel fuel' means fuel meeting the American Society for Testing and Materials D6751 specification with a minimum blend level of 2 percent.
(2) 'Clean renewable fuel' means biodiesel fuel and ethanol.
(3) 'Ethanol' means fuel meeting the American Society for Testing and Materials specification with a minimum blend level of 5 percent.
(b) On and after January 1, 2007, each office, agency, department, board, bureau, commission, institution, authority, or other entity of the state shall use clean renewable fuel in any gasoline or diesel motor vehicle or equipment it operates whenever such fuel is compatible with the technology of the vehicle or equipment and is reasonably available at a cost similar to that of conventional fuel.
(c) On and after January 1, 2007, no office, agency, department, board, bureau, commission, institution, authority, or other entity of the state shall enter into any contract to purchase or lease any motor vehicle that is not capable of being powered by clean renewable fuel or other alternative fuel if a motor vehicle capable of being powered by such a clean renewable fuel is suitable for the intended use and such motor vehicle is reasonably available at a cost similar to that of comparable conventionally fueled vehicles."

SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.