sb453_As_passed_Senate_6.html
06 SB453/CAFA/2
Senate Bill 453
By: Senators Kemp of the 46th, Williams of the 19th, Goggans of the 7th, Zamarripa of the 36th and Smith of the 52nd

AS PASSED SENATE

A BILL TO BE ENTITLED
AN ACT

To amend Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, so as to require the use of biodiesel fuels in certain vehicles operated by local school districts; to amend Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, so as to require the use of biodiesel fuels in certain vehicles operated by local governments; to amend Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state government, so as to require the use of biodiesel fuels in certain vehicles operated by state government; to provide legislative findings and declarations; 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) Gasoline and diesel production depends primarily on imported petroleum;
(3) Using clean alternative fuels instead of fossil fuels can provide for a cleaner environment by reducing air and water contamination;
(4) Specifically, use of clean renewable fuels such as biodiesel and ethanol can provide additional benefits for this state;
(5) This state has the potential to create a biofuels industry that would serve as a model for the southern United States and attract additional industries;
(6) Biofuels industry could add over $1 billion of economic activity to this state and increase the statés income tax collection by over $10 million annually;
(7) Nearly 500 direct and over 1,000 indirect jobs could be created by biofuels industry in this state; and
(8) Creating a biofuels industry can add additional value to Georgiás agricultural and forestry commodities, including biomass, and support land values in rural areas of this state.

SECTION 2.
Article 10 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to contracts and purchases by public schools, is amended by inserting a new Code section to read as follows:
"20-2-504.1.
(a) As used in this Code section, the term 'biodiesel fuel' means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats and meeting the requirements of American Society of Testing and Materials standard D 6751.
(b) On and after January 1, 2008, at least 2 percent of the total volume of fuel purchased annually by each local school district for use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that such fuel is available and compatible with the technology of the vehicles or equipment used and the cost to the local school district of available blended biodiesel fuel at time of purchase does not exceed 105 percent of the cost to the local school district of unblended petroleum diesel fuel at such time. This subsection shall apply to local school districts that receive state funds.”

SECTION 3.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to general provisions applicable to counties and municipal corporations, is amended by adding a new Code section to read as follows:
"36-60-24.
(a) As used in this Code section, the term 'biodiesel fuel' means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats and meeting the requirements of American Society of Testing and Materials standard D 6751.
(b) On and after January 1, 2008, at least 2 percent of the total volume of fuel purchased annually by each county, municipality, or consolidated government or authority thereof for use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that such fuel is available and compatible with the technology of the vehicles or equipment used and the cost to the local government of available blended biodiesel fuel at time of purchase does not exceed 105 percent of the cost to the local government of unblended petroleum diesel fuel at such time."

SECTION 4.
Article 1 of Chapter 19 of Title 50 of the Official Code of Georgia Annotated, relating to purchase and use of motor vehicles by state government, is amended by inserting a new Code section to read as follows:
"50-19-6.1.
(a) As used in this Code section, the term 'biodiesel fuel' means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats and meeting the requirements of American Society of Testing and Materials standard D 6751.
(b) On and after January 1, 2008, at least 2 percent of the total volume of fuel purchased annually by each department, commission, board, bureau, authority, or agency of the state for use in diesel engine motor vehicles it operates shall be biodiesel fuel, to the extent that such fuel is available and compatible with the technology of the vehicles or equipment used and the cost to the state government entity of available blended biodiesel fuel at time of purchase does not exceed 105 percent of the cost to the state government entity of unblended petroleum diesel fuel at such time."

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