### State Biodiesel Mandates

The following four states have biodiesel mandates in effect:

Minnesota - All diesel fuel sold or offered for sale in Minnesota for use in internal combustion engines must contain at least 5% biodiesel (B5) by volume. The percentage increases to 10% by May 1, 2012 and 20% by May 1, 2015. While the B5 mandate is year-round, the move to B10 and B20 are seasonal, from April through October. (Reference Minnesota Statutes 239.77 and 239.75).

Oregon –Two percent biodiesel (B2) mandate began in October 2009. When the annual in-state production of biodiesel reaches 15 million gallons, all diesel fuel sold in the state must contain at least 5% biodiesel. In evaluating these production triggers, only feedstoc k from Oregon, Washington, Idaho and Montana will count. As such, there are no estimates as to when the production triggers will be achieved and the increa sed mandate will take effect. Beginning January 2, 2012, renewable diesel will qualify as a substitute for biodiesel in the blending requirement. (Reference Oregon Revised Statutes 646.913 and 646.921-646.923)

Portland - Effective July 1, 2007, all diesel fuel sold in the Portland city limits must contain a minimum of 5% biodiesel (B5) that meets ASTM D 6751 standards. The diesel blend requirement will increase to 10% biodiesel on July 1, 2010. (Reference Portland Code and Charter 16.60.020)

Washington – At least 2% of the diesel sold in Washington must be biodiesel or renewable diesel. The biodiesel requirement would increase to 5% once in-state feedstocks and oil-seed crushing capa city can meet a 3% requirement. (Reference Revised Code of Washington 19.112.010 and 19.112.110 through 19.112.180)

Pennsylvania –As of January 1, 2010, all diesel fuel sold in Pennsylvania must contain 2% biodiesel (B2) by volume. The biodiesel mandate increases to:

- 5% once in-state production reache s 100 million gal/yr for three months,

- 10% once in-state production reaches 200 million gal/yr for three months,

- 20% once in-state production reaches 400 million gal/yr for three months. (Reference Title 73 Pennsylvania Statutes 1650.3 and 1650.4)

(over)The following three states have enacted biodiesel mandates that have not yet

taken effect:

Massachusetts – All diesel motor vehicle fuel and home heating oil must

contain at least 2% renewable diesel fuel by July 1, 2010; 3% renewable diesel fuel by July 1, 2011; 4% renewable di esel fuel by July 1, 2012; and 5% renewable diesel fuel by July 1, 2013. For these purposes, eligible renewable diesel fuel includes diesel fuel that is derived predominantly from renewable biomass and yields at least a 50% reduction in lifecycle greenhouse gas (GHG) emissions relative to the average lifecycle GHG emissions for petroleum-based diesel fuel sold in 2005. The Massachusetts Department of Energy Resources must also study the feasibility, benefits, and costs of applying the percentage mandates on a statewide average basis ra ther than for every gallon of diesel motor fuel sold. (Reference Massachusetts General Laws Chapter 94, Section 295G.5)

New Mexico – After July 1, 2012, all diesel fuel sold to consumers for use in motor vehicles operating on streets and highways must contain at least B5. The Director of the New Mexico Department of Agriculture and Secretary of the Energy, Minerals, and Natural Resources Department may suspend these requirements for up to six months, if sufficient amounts of biodiesel are not available or if the price of biodiesel sign ificantly exceeds the price of diesel fuel for at least two months. (Reference New Mexico Statutes 57-19-28 and 57-19- 29)

Louisiana - Within six months after monthly prod uction of biodiesel produced in the state equals or exceeds an annual production volume of 10 million gallons, 2% of the total diesel sold by volume in the state must be biodiesel produced from domestically grown feedstock. “Biodiesel” is defined as a fuel comprised of mono-alkyl esters of long chain fatty acids derived from renewable resources and meeting the requirements of ASTM D-6751, or a diesel fuel substitute produced from non-petroleum renewable resources such as vegetable oils and animal fats that meet U.S. Environmental Protection Agency fuel and fuel additive requirements. (Reference Louisiana Revised Statutes 3:4674, 3:4674.1, and 3:3712, 3:3751, and 3:3752)

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Several states have enacted biodiesel financ ial incentives and mand ates applicable to state vehicles, which may be viewed through the following link: http://www.eere.energy.gov/a fdc/progs/tech_matrx.cgi

(last updated January 2010)