hb541.html
08 LC 35 0896S

The House Committee on State Planning and Community Affairs offers the following substitute to HB 541:

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 authorize the use of clean and renewable fuels in vehicles or low-speed vehicles operated by certain government entities under designated 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 growth to Georgia and increase the state´s 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 Georgia´s 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 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 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.
(4) 'Low-speed vehicle' means a low-speed vehicle as defined by Code Section 40-1-1.
(b) Each local school district shall be authorized to 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 equal to or less than that of conventional fuel. The use of biodiesel fuel made from Georgia feed stock or other Georgia products is encouraged whenever use by local school districts is reasonably possible.
(c) A local school district shall be authorized to enter into a contract to purchase or lease any motor vehicle that is capable of being powered by clean renewable fuel, electricity, or other alternative fuel if a motor vehicle or low-speed vehicle capable of being powered by such a clean renewable fuel, electricity, or other alternative fuel is suitable for the intended use and such motor vehicle or low-speed vehicle is reasonably available at a cost equal to or less than 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 to read as follows:
"36-60-26.
(a) As used in this Code section, the term:
(1) 'Biodiesel fuel' means fuel meeting the American Society for Testing and Materials 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.
(4) 'Low-speed vehicle' means a low-speed vehicle as defined by Code Section 40-1-1.
(b) Each county and municipal corporation shall be authorized to 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 equal to or less than that of conventional fuel. The use of biodiesel fuel made from Georgia feed stock or other Georgia products is encouraged whenever use by such entities is reasonably possible.
(c) A county or municipal corporation shall be authorized to enter into a contract to purchase or lease any motor vehicle that is capable of being powered by clean renewable fuel, electricity, or other alternative fuel if a motor vehicle or low-speed vehicle capable of being powered by such a clean renewable fuel, electricity, or other alternative fuel is suitable for the intended use and such motor vehicle or low-speed vehicle is reasonably available at a cost equal to or less than 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 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 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.
(4) 'Low-speed vehicle' means a low-speed vehicle as defined by Code Section 40-1-1.
(b) Each office, agency, department, board, bureau, commission, institution, authority, or other entity of this state shall be authorized to 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 equal to or less than that of conventional fuel. The use of biodiesel fuel made from Georgia feed stock or other Georgia products is encouraged whenever use by such entities is reasonably possible.
(c) An office, agency, department, board, bureau, commission, institution, authority, or other entity of the state shall be authorized to enter into a contract to purchase or lease any motor vehicle that is capable of being powered by clean renewable fuel, electricity, or other alternative fuel if a motor vehicle or low-speed vehicle capable of being powered by such a clean renewable fuel, electricity, or other alternative fuel is suitable for the intended use and such motor vehicle or low-speed vehicle is reasonably available at a cost equal to or less than that of comparable conventionally fueled vehicles."

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