An Act To Establish Biofuel and Ultra-low Sulfur Requirements for Number 2 Home Heating Oil
Maine Legislature, Session 124, LD 1632
Committee Amendment CA_A_H690 (House)

COMMITTEE AMENDMENT "ft" to H.P. 1160, L.D. 1632, Bill, "An Act To 
Establish Biofuel and Ultra-low Sulfur Requirements for Number 2 Home Heating Oil" 
Amend the bill by striking out the title and substituting the following: 
'An Act Regarding Biofuel in Number 2 Heating Oil' 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inseliing the following: 
'Sec.!. 10 MRS A §1663 is enacted to read: 
§1663. State biofuel goals 
It is the goal of the State that all number 2 heating oil sold in the State contain at least 
2% biofuel by July I, 2013 and at least 5% biofuel by July I, 2015. As used in this 
section, "biofuel" means any commercially produced liquid or gas used to fire a heating 
device or a stationary power device or otherwise substitute for liquid or gaseous fuels that 
is derived from renewable biomass, including, but not limited to, agricultural crops and 
residues, forest products and by-products and separated food waste, as distinct from 
petroleum or other fossil carbon sources. 
Sec. 2. Biofuel study. The Executive Department, Governor's Office of Energy 
Independence and Security, refern;d to in this section as "the office," shall oversee a 
study of the energy, environmental and economic feasibility of setting a requirement for 
the percentage of biofuel to be used in number 2 heating oil. As used in this section, 
"biofuel" means any commercially produced liquid or gas used to fire a heating device 0)' 
a stationary power device or otherwise substitute for liquid or gaseous fuels that is 
derived from renewable biomass, including, bi.lt not limited to, agricultural crops and 
residues, forest products and by-products and separated food waste, as distinct from 
petroleum 0)' other fossil carbon sources. 
I. The study must include, but is not limited to, the following: 
A. The feasibility of linking annual production of biofuel in the State to use goals 
and requirements; 
COMMITTEE AMENDMENT 
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COMMITIEE AME~DMENT "A "toH.r. 1160, L.D. 1632 
B. 
Consideration of biofuel supply, price and infrastructure issues for number 2 
heating oil; 
C. Consideration of federal regulations and programs, including, but not limited to, 
the United States Environmental Protection Agency's renewable fuels standard and 
the United States Department of Agriculture's biomass crop assistance program; 
D. Consideration of relevant legislative proposals and actions in the United States 
Congress, including, but not limited to, low-carbon fuel standards; 
E. 
Consideration of relevant policies in other states, particularly in other New 
England states; and 
F. Conformance of goals with the office's State of Maine Comprehensive Energy 
Plan. 
2. The study must supplement the January 2008 report by the office titled "Liquid 
Biofuels Policy for Maine" and update recommendations regarding the establishment of 
an alternative fuel incentive program to stimulate the production, distribution and use of 
biofuels in number 2 heating oil. 
3. 
Tn carrying out the study, the office shall consult with the Department of 
Environmental Protection, the Public Utilities Commission and the Efficiency Maine 
Trust Board. 
4. Performance of the study's examination of supply goals and requirements and 
price considerations under subsection 1 is dependent on receipt of funding through a 3rd-
party grant or donation. Performance of the study's update of policy recommendations to 
stimulate the production, distribution and use of biofuels, with supply goals and price 
considerations, must be undertaken by the office regardless offunding source. 
5. 
By February 15, 2011, the office shall submit a repOli of its findings and 
recommendations, together with any necessary implementing legislation, to the joint 
standing committee of the Legislature having jurisdiction over natural resources matters. 
Sec. 3. Authority to submit legislation. The joint standing committee of the 
Legislature having jurisdiction over natural resources matters may submit a bill relating 
to the subject matter of the report submitted pursuant to section 2 to the First Regular 
Session of the 125th Legislature.' 
SUMMARY 
This amendment replaces the bill and changes the title. The amendment establishes 
state goals for the percentage of biofuel that number 2 heating oil must contain. The 
amendment also directs the Executive Department, Governor's Office, of Energy 
Independence and Security to oversee a study of and report on the feasibility of setting a 
requirement for the percentage of biofuel to be used in number 2 heating oil. The joint 
standing committee of the Legislature having jurisdiction over natural resources matters 
is authorized to submit a bill related to the subject matter of the repOli. 
FISCAL :\OTE I{E<..lLIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 03/02/10 frar:::.. 
LD 1632 
LR2349(02) 
An Act To Establish Biofuel and Ultra-low Sulfur Requirements for Number 2 Home Heating Oil 
Fiscal Note for Bill as Amended by Committee Amendment "~,, 
Fiscal Detail and Notes 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Potential future biennium cost increase - General Fund 
Potential future biennium cost increase - Highway Fund 
The DepaJ1ment of Administrative and Financial Services will require additional General Fund appropriations and 
Highway Fund allocations beginning in fiscal year 2013-14 to comply with state biofuel goals. The exact amounts can 
not be determined at this time and will depend on the difference in price per gallon. 
Consultation with the Governor's Office of Energy Independence and Security regarding the feasibility of setting a 
requirement for the percentage of biofuel to be used in #2 heating oil will cause the DepaJ1ment of Environment 
Protection, the' Public Utilities Commission and Efficiency Maine Trust to incur minor costs which can be absorbed 
within existing budgeted resources. 
LR2349(02) - Fiscal Note - Page 1 of 1