hb541_LC_35_0479_a_2.html
07 LC 35 0479
House Bill 541
By: Representatives Smith of the 168th, Morris of the 155th, Sims of the 169th, Williams of the 178th, Maddox of the 172nd, and others

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 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 5 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, 2008, 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 equal to or less than that of conventional fuel. A purchasing preference shall be given to biodiesel fuel made from Georgia feed stock or other Georgia products.
(c) On and after January 1, 2008, 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 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:
"36-60-25.
(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 5 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, 2008, 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 equal to or similar to that of conventional fuel. A purchasing preference shall be given to biodiesel fuel made from Georgia feed stock or other Georgia products.
(c) On and after January 1, 2008, 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 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 5 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, 2008, each office, agency, department, board, bureau, commission, institution, authority, or other entity of this 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. A purchasing preference shall be given to biodiesel fuel made from Georgia feed stock or other Georgia products.
(c) On and after January 1, 2008, 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.