Senate File 401 - Introduced



                                   SENATE FILE       
                                   BY  COMMITTEE ON WAYS AND MEANS

                                   (SUCCESSOR TO SSB 1288)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to motor vehicle fuel taxes, by exempting small
  2    biofuel producers and providing a future repeal.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2392SV 81
  5 da/sh/8

PAG LIN



  1  1    Section 1.  Section 452A.2, Code 2005, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  24A.  a.  "Small biofuel producer" means a
  1  4 natural person who produces a biofuel for use in powering
  1  5 diesel engines, if all of the following apply:
  1  6    (1)  The biofuel is used for the person's own use or the
  1  7 use of other natural persons who reside in the person's
  1  8 household.
  1  9    (2)  The person does not produce more than three hundred
  1 10 gallons of biofuel during any year.
  1 11    b.  This subsection is repealed on July 1, 2010.
  1 12    Sec. 2.  Section 452A.3, Code 2005, is amended by adding
  1 13 the following new subsection:
  1 14    NEW SUBSECTION.  1B.  An excise tax shall not be imposed on
  1 15 a biofuel produced by a small biofuel producer.  This
  1 16 subsection is repealed July 1, 2010.
  1 17    Sec. 3.  Section 452A.6, Code 2005, is amended to read as
  1 18 follows:
  1 19    452A.6  ETHANOL BLENDED GASOLINE AND OTHER PRODUCTS ==
  1 20 BLENDER'S LICENSE.
  1 21    1.  A person other than a supplier, restrictive supplier,
  1 22 or importer licensed under this division, who blends gasoline
  1 23 with alcohol distilled from cereal grains so that the blend
  1 24 contains at least ten percent alcohol distilled from cereal
  1 25 grains, shall obtain a blender's license.
  1 26    2.  a.  A person who blends two or more special fuel
  1 27 products or sells one hundred percent biofuel shall obtain a
  1 28 blender's license.  The
  1 29    b.  Notwithstanding paragraph "a", a small biofuel producer
  1 30 is not required to obtain a blender's license under this
  1 31 section.  This paragraph is repealed on July 1, 2010.
  1 32    3.  A blender's license required in this section shall be
  1 33 obtained by following complying with the procedure under
  1 34 section 452A.4 and the.  The blender's license is subject to
  1 35 the same restrictions as contained in that section.  A blender
  2  1 shall maintain records as required by section 452A.10 as to
  2  2 motor fuel, alcohol, ethanol blended gasoline, and special
  2  3 fuels.
  2  4                           EXPLANATION
  2  5    Current Code chapter 452A provides for imposition of excise
  2  6 taxes on motor vehicle fuel, including gasoline and diesel
  2  7 fuel, as well as an excise tax on so=called special motor
  2  8 vehicle fuel, including a biofuel which is an oxygenated
  2  9 product derived from soybean oil, vegetable oil, or animal
  2 10 fats.  The oil is often blended with diesel fuel to create
  2 11 biodiesel.  A person who manufactures biofuel for use in motor
  2 12 vehicles, including as use in a blend, must obtain a blender's
  2 13 license.  The fuel is also taxed as a special fuel.  The rate
  2 14 of the excise tax on the use of special fuel is 22.5 cents per
  2 15 gallon.
  2 16    This bill exempts a small biofuel producer from the
  2 17 licensing requirements of Code chapter 452A.  It also exempts
  2 18 a small producer from paying an excise tax on biofuel produced
  2 19 by the small biofuel producer.  A small biofuel producer must
  2 20 meet a number of qualifications.  The producer must be a
  2 21 natural person and must use the biofuel in powering diesel
  2 22 engines.  The biofuel must be used for the person's own use or
  2 23 the use of other natural persons who reside in the household.
  2 24 In addition, the producer cannot produce more than 300 gallons
  2 25 of biofuel during any year.  The exemptions are eliminated on
  2 26 July 1, 2010.
  2 27 LSB 2392SV 81
  2 28 da:rj/sh/8