SCS/SB 568 - This act creates the Missouri Made Fuels Act.Under the act, all diesel fuel sold or offered for sale in Missouri for use in internal combustion engines shall contain at least the following stated percentage of biodiesel fuel oil by volume on and after the following dates:
1) April 1, 2022, until March 31, 2023, 5%;
2) April 1, 2023, until March 31, 2025, 10%; and
3) Beginning April 1, 2025, 20%.
The minimum content levels shall be in effect during the months of April, May, June, July, August, September, and October, except in certain circumstances set forth in the act.
The minimum content levels shall go into effect when the Director of the Department of Agriculture submits notice in the Missouri Register that certain conditions set forth in the act have been met and the state is prepared to move to the next scheduled minimum content level.
By January 15, 2023, and biennially thereafter, the Director of the Division of Energy shall determine the preceding 12-month rolling average of wholesale diesel price at various pipeline and refinery terminals in Missouri, and the preceding 12-month rolling average of biodiesel price determined after credits and incentives are subtracted at biodiesel plants in Missouri.
After consultation with the Director of the Department of Agriculture and the Director of the Department of Natural Resources, the Director of the Division of Energy may adjust the biodiesel mandate by emergency rule if a price disparity is reported that will cause economic hardship to the state.
The Director of the Department of Agriculture may waive specific requirements related to the biodiesel mandate in the event of an extreme and unusual fuel supply circumstance as a result of a feed stock shortage, emergency, or natural disaster.
The minimum biodiesel content levels shall not apply to certain equipment listed in the act.
Requirements for bills of lading or shipping manifests for diesel fuel and for biodiesel-blended products are listed in the act.
Refiners shall offer clear diesel (B0) and the biodiesel blends set forth in the act and biodiesel producers in Missouri shall offer blends of one hundred percent biodiesel fuel (B100).
All fuel retailers, wholesalers, distributors, and marketers shall be allowed to purchase biodiesel from any terminal, position holder, biodiesel producer, biodiesel wholesaler, or supplier.
No refiner, supplier, terminal, wholesaler, distributor, retailer, or other vendor of motor fuel that is blended with biodiesel or renewable fuel that complies with motor fuel quality and labeling laws shall be liable for property damages related to a customer's purchase of such motor fuel so long as the selection of motor fuel was made by the customer and not the vendor. No motor fuel that is blended with biodiesel shall be considered a defective product for purposes of property damage claims.
Beginning in 2023, the Director of the Division of Energy shall report by January 15th of each year to the Speaker of the House of Representatives and the President Pro Tempore of the Senate regarding the implementation of the minimum biodiesel content levels set forth in the act.
A violation of the act is a Class A misdemeanor.
This act is similar to the perfected HCS/HB 1858 (2020).
JAMIE ANDREWS