Amendments for SB20-038
Senate Journal, January 29
After consideration on the merits, the Committee recommends that SB20-038 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, strike everything below the enacting clause and
substitute:
"SECTION 1. In Colorado Revised Statutes, add 8-20-236 as
follows:
8-20-236. Nonattainment area biodiesel-blended fuel standard
- exemption - definitions - rules. (1) (a) EXCEPT AS PROVIDED BY RULES
PROMULGATED PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION:
(I) ON OR AFTER JUNE 1, 2021, ALL DIESEL FUEL SOLD OR OFFERED
FOR SALE IN A NONATTAINMENT AREA FROM JUNE 1 THROUGH
SEPTEMBER 15 MUST BE BLENDED WITH AND CONTAIN AT LEAST FIVE
PERCENT BIODIESEL (B5); AND
(II) ON OR AFTER JUNE 1, 2023, ALL DIESEL FUEL SOLD OR
OFFERED FOR SALE IN A NONATTAINMENT AREA FROM JUNE 1 THROUGH
SEPTEMBER 15 MUST BE BLENDED WITH AND CONTAIN AT LEAST TEN
PERCENT BIODIESEL (B10).
(b) THE DIRECTOR:
(I) SHALL PROMULGATE RULES TO:
(A) ESTABLISH A WAIVER PROCESS BY WHICH A DISTRIBUTOR OR
RETAILER OF DIESEL FUEL OR A REFINER OR TERMINAL OPERATOR IN
COLORADO MAY SEEK A TEMPORARY WAIVER FROM THE REQUIREMENTS
SET FORTH IN SUBSECTION (1)(a) OF THIS SECTION FOR GOOD CAUSE
SHOWN, SUCH AS DEMONSTRATING AN EXTREME DISRUPTION OR
LIMITATION IN THE SUPPLY OF BIODIESEL OR EXTREME WEATHER
CONDITIONS; AND
(B) FOR A BILL OF LADING, REQUIRE THE LABELING OF
BIODIESEL-BLENDED FUEL TO REFLECT THE PERCENTAGE OF BIODIESEL
INCLUDED IN THE BLENDED FUEL WHEN THE BLEND IS EQUAL TO OR
ABOVE FIVE PERCENT BIODIESEL (B5); AND
(II) MAY PROMULGATE ADDITIONAL RULES TO IMPLEMENT THIS
SECTION AS THE DIRECTOR DEEMS NECESSARY, WHICH RULES MAY
INCLUDE:
(A) REQUIREMENTS FOR FUEL DISPENSER LABELING FOR THE SALE
OF BIODIESEL-BLENDED FUELS; AND
(B) REQUIREMENTS THAT REFINERS AND TERMINAL OPERATORS
WITH LOCATIONS IN A NONATTAINMENT AREA OFFER CLEAR DIESEL (B0)
AND THAT BIODIESEL PRODUCERS WITH POSITIONS AT REFINERIES AND
TERMINALS OFFER BIODIESEL BLEND STOCK (B100) FOR THE PURPOSES OF
ENSURING SUPPLY SECURITY AND ENHANCING FEDERALLY LICENSED
BLENDERS' ABILITY TO MEET THE REQUIREMENTS SET FORTH IN
SUBSECTION (1)(a) OF THIS SECTION.
(c) THE BIODIESEL BLENDING REQUIREMENTS SET FORTH IN
SUBSECTION (1)(a) OF THIS SECTION DO NOT APPLY TO DIESEL FUEL USED
IN LOCOMOTIVES OR OFF-ROAD MINING EQUIPMENT.
(2)(a) THE DEPARTMENT, THE AIR QUALITY CONTROL COMMISSION
CREATED IN SECTION 25-7-104, AND THE COLORADO OFFICE OF ECONOMIC
DEVELOPMENT CREATED IN SECTION 24-48.5-101 ARE EACH ENCOURAGED
TO RESEARCH POTENTIAL GRANT PROGRAM IMPLEMENTATION AND
INCENTIVES TO PROMOTE THE PRODUCTION OF BIODIESEL-BLENDED FUEL
IN THE STATE.
(b) THE REGIONAL AIR QUALITY COUNCIL, IN COORDINATION WITH
THE DEPARTMENT OF TRANSPORTATION, IS ENCOURAGED TO CONSIDER
UTILIZING EXISTING AND FUTURE FEDERAL RESOURCES TO REPLACE
DIESEL TRUCKS AND COMMERCIAL VEHICLES MANUFACTURED BEFORE
2010 IF IT FINDS THAT SUCH REPLACEMENT WOULD RESULT IN A
SIGNIFICANT REDUCTION IN EMISSIONS OF VOLATILE ORGANIC
COMPOUNDS, NITROGEN OXIDE, AND OTHER POLLUTANTS IN THE
NONATTAINMENT AREA.
(c) THE DEPARTMENT, IN CONSULTATION WITH THE REGIONAL AIR
QUALITY COUNCIL, SHALL ANALYZE AND ASSESS THE AVAILABLE SUPPLY
OF BIODIESEL IN COLORADO BEFORE JUNE 1, 2023.
(3) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE
REQUIRES:
(a) (I) "BIODIESEL" MEANS FUEL COMPOSED OF MONO-ALKYL
ESTERS OF LONG-CHAIN FATTY ACIDS DERIVED FROM PLANT OR ANIMAL
MATTER THAT MEETS THE MOST CURRENT SPECIFICATIONS FOR ASTM
D6751, WHICH IS THE "STANDARD SPECIFICATION FOR BIODIESEL FUEL
BLEND STOCK (B100) FOR MIDDLE DISTILLATE FUELS", ASTM D975,
WHICH IS THE "STANDARD SPECIFICATION FOR DIESEL FUEL OIL,
BIODIESEL BLEND (B0-B5)", AND ASTM D7467, WHICH IS THE
"STANDARD SPECIFICATION FOR DIESEL FUEL OIL, BIODIESEL BLEND (B6
TO B20)".
(II) BIODIESEL PRODUCED FROM PALM OIL IS NOT BIODIESEL FOR
PURPOSES OF THIS SECTION UNLESS THE PALM OIL IS CONTAINED WITHIN
WASTE OIL AND GREASE COLLECTED WITHIN THE UNITED STATES.
(III) RENEWABLE DIESEL IS BIODIESEL FOR PURPOSES OF THIS
SECTION.
(b) "DIRECTOR" MEANS THE DIRECTOR OF THE DIVISION OF OIL
AND PUBLIC SAFETY CREATED IN SECTION 8-20-101.
(c) "NONATTAINMENT AREA" MEANS AN AREA OF THE STATE
DESIGNATED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY AS NOT MEETING THE NATIONAL AMBIENT AIR QUALITY
STANDARDS.
SECTION 2. In Colorado Revised Statutes, 8-20.5-103, amend
(3) introductory portion and (3)(g); and add (3)(h) as follows:
8-20.5-103. Petroleum storage tank fund - petroleum cleanup
and redevelopment fund - creation - rules - repeal. (3) The moneys
MONEY in the petroleum storage tank fund are IS continuously
appropriated to the division of oil and public safety; except that moneys
MONEY for the purposes specified in paragraphs (b), (f), and (g)
SUBSECTIONS (3)(b), (3)(f), AND (3)(g) of this subsection (3) SECTION are
subject to annual appropriation by the general assembly. The fund shall
be used for:
(g) Administrative costs necessary for the implementation of this
article and ARTICLE 20.5, section 8-20-206.5, AND SECTION 8-20-236;
AND
(h) FUEL QUALITY TESTING.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly
(August 5, 2020, if adjournment sine die is on May 6, 2020); except that,
if a referendum petition is filed pursuant to section 1 (3) of article V of
the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2020 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.".
Trans-
portation &
Energy
Senate Journal, January 31
SB20-038 by Senator(s) Fenberg, Winter; also Representative(s) Jaquez Lewis--Concerning the
establishment of a statewide standard for the sale of biodiesel-blended diesel fuel in
Colorado.
Amendment No. 1, Transportation & Energy Committee Amendment.
(Printed in Senate Journal, January 29, pages 117-119 and placed in members' bill files.)
Amendment No. 2(L.009), by Senator Fenberg.
Amend the Transportation and Energy Committee Report, dated January
28, 2020, page 3, after line 16 insert:
"(d) "RENEWABLE DIESEL" HAS THE MEANING SET FORTH IN 26
U.S.C. SEC. 40A (f).".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
Senate Journal, February 4
SB20-038 by Senator(s) Fenberg, Winter; also Representative(s) Jaquez Lewis--Concerning the
establishment of a statewide standard for the sale of biodiesel-blended diesel fuel in
Colorado.
A majority of those elected to the Senate having voted in the affirmative, Senator Fenberg
was given permission to offer a third reading amendment.
Third Reading Amendment No. 1(L.014), by Senator Fenberg.
Amend engrossed bill, page 2, line 21, strike "SUBSECTION (1)(a)" and
substitute "SUBSECTIONS (1)(a) AND (1)(b)(II)(B)".
Page 3, line 1, after "OF" insert "DIESEL OR".
Page 5, strike lines 6 and 7 and substitute:
"(d) "RENEWABLE DIESEL" MEANS DIESEL FUEL CONFORMING TO
THE SPECIFICATIONS OF ASTM D975 THAT IS MADE FROM RENEWABLE
(NONPETROLEUM) FEEDSTOCKS AND IS NOT A MONO-ALKYL ESTER;
EXCEPT THAT "RENEWABLE DIESEL" DOES NOT INCLUDE RENEWABLE FUEL
THAT IS CO-PROCESSED WITH PETROLEUM.".
The amendment was passed on the following roll call vote:
YES 31 NO 0 EXCUSED 4 ABSENT 0
Bridges Y Gardner Y Marble Y Story Y
Cooke Y Ginal Y Moreno Y Tate Y
Coram Y Gonzales Y Pettersen E Todd Y
Crowder Y Hansen Y Priola Y Williams A. Y
Danielson Y Hill E Rankin E Winter Y
Donovan Y Hisey Y Rodriguez Y Woodward Y
Fenberg Y Holbert Y Scott Y Zenzinger Y
Fields Y Lee Y Smallwood Y President Y
Foote E Lundeen Y Sonnenberg Y
The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:
YES 19 NO 13 EXCUSED 3 ABSENT 0
Bridges Y Gardner N Marble N Story Y
Cooke N Ginal Y Moreno Y Tate N
Coram N Gonzales Y Pettersen E Todd Y
Crowder N Hansen Y Priola Y Williams A. Y
Danielson Y Hill E Rankin E Winter Y
Donovan Y Hisey N Rodriguez Y Woodward N
Fenberg Y Holbert N Scott N Zenzinger Y
Fields Y Lee Y Smallwood N President Y
Foote Y Lundeen N Sonnenberg N