An Act To Encourage the Use of Biofuels in the State
Maine Legislature, Session 126, LD 1178
Committee: Environment and Natural Resources
Sponsors: SAVIELLO, JACKSON
Amends: 10 MRSA §1663

Legislative Document 
No. 1178 
S.P. 415 
In Senate, March 26, 2013 
An Act To Encourage the Use of Biofuels in the State 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator SAVIELLO of Franklin. 
Cosponsored by Senator: JACKSON of Aroostook. 
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. 
SUMMARY 
This bill requires that a seller provide documentation of the amount of biofuel in 
certain blended products at the time of sale.  It allows a buyer of these blended products 
to rely on the information contained in this documentation and relieves the buyer of 
liability arising from this reliance.