An Act to Promote Higher Blends of Biofuel by Regulating the Sale or Transfer of Biofuels
Maine Legislature, Session 131, LD 0755
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: DAUGHTRY, THERIAULT, HARRINGTON, JACKSON, STEWART, VITELLI, CLOUTIER, FOSTER
Amends: 10 MRSA §1663

Legislative Document
No. 755
S.P. 313
In Senate, February 16, 2023
An Act to Promote Higher Blends of Biofuel by Regulating the Sale 
or Transfer of Biofuels
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DAUGHTRY of Cumberland.
Cosponsored by Representative THERIAULT of Fort Kent and
Senators: HARRINGTON of York, President JACKSON of Aroostook, STEWART of 
Aroostook, VITELLI of Sagadahoc, Representatives: CLOUTIER of Lewiston, FOSTER of 
Dexter.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  10 MRSA §1663, as enacted by PL 2013, c. 124, §1, is amended to read:
§1663.  Sale of biodiesel, biomass-based diesel, 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 a renewable, biodegradable mono-alkyl esters of long chain 
fatty acids derived from plant oils or animal matter fats that meets the requirements of 
the American Society of Testing and Materials Standard most recent ASTM 
International standard D6751.  "Biodiesel" includes fuel that otherwise meets the 
requirements of this paragraph and also contains up to 1% diesel fuel.
A-1.  "Biodiesel blend" means a blend of diesel fuel that contains greater than 5% by 
volume of biodiesel and meets the requirements of the most recent ASTM International 
standard D7467.
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 means a blend of diesel 
fuel that contains greater than 5% by volume 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 fuel 
containing biodiesel, biomass-based diesel blend or, 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 fuel containing a biodiesel, biomass-based 
diesel, biomass-based diesel blend or biodiesel blend is not liable for failing to verify the 
accuracy of the information included in any a transfer document conforming to the 
requirements of subsection 3 or for any other liability arising from the transferee's reliance 
on such that 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 amends definitions applicable to the sale of biodiesel, biomass-based diesel, 
biomass-based diesel blends and biodiesel blends.  It requires a person that transfers fuel 
containing biodiesel, biomass-based diesel, biomass-based diesel blends and biodiesel 
blends to prepare and maintain a transfer document.