An Act To Encourage the Use of Biofuels in the State
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §1663 is enacted to read:
§ 1663. Sale of biomass-based diesel blends and biodiesel blends
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Biodiesel" means the mono-alkyl esters of long chain fatty acids derived from plant or animal matter that meets the requirements of the American Society of Testing and Materials Standard D6751.
B. "Biomass-based diesel" means a diesel fuel substitute produced from nonpetroleum renewable resources that meets the registration requirements for fuels and fuel additives established by the United States Environmental Protection Agency under 42 United States Code, Section 7545 (2012).
C. "Biomass-based diesel blend" and "biodiesel blend" mean a blend of biomass-based diesel or biodiesel and petroleum-based diesel fuel.
2. Number 2 heating oil. For purposes of this section, all references to diesel include #2 heating oil.
3. Transfer document. A person that sells or otherwise transfers title to a biomass-based diesel blend or biodiesel blend to any other person for resale of the product shall prepare a document evidencing the transfer. This transfer document may be in the form of an invoice, bill of lading, bill of sale or other written instrument meeting the requirements of this subsection. This transfer document must include the name of the transferor, the name of the transferee, the date of the transfer, the volume in gallons of the product transferred and either the volume in gallons or the percentage of biomass-based diesel or biodiesel that is contained in the blended product. A person making such a transfer shall maintain the transfer document required by this subsection for a period of 4 years from the transfer date. As used in this subsection, the term "resale" does not include a sale of product purchased at a retail outlet.
4. Transferee not liable. A transferee of a biomass-based diesel blend or biodiesel blend is not liable for failing to verify the accuracy of the information included in any transfer document conforming to the requirements of subsection 3 or for any other liability arising from the transferee's reliance on such information.
5. Supplement other requirements. The requirements of this section are in addition to any other requirements or standards in state law.
Effective 90 days following adjournment of the 126th Legislature, First Regular Session, unless otherwise indicated.