BILL NUMBER: SB 975	CHAPTERED  09/29/05

	CHAPTER  365
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2005
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2005
	PASSED THE SENATE  AUGUST 25, 2005
	PASSED THE ASSEMBLY  AUGUST 22, 2005
	AMENDED IN ASSEMBLY  AUGUST 16, 2005
	AMENDED IN ASSEMBLY  JUNE 29, 2005
	AMENDED IN ASSEMBLY  JUNE 21, 2005
	AMENDED IN SENATE  APRIL 28, 2005
	AMENDED IN SENATE  MARCH 30, 2005

INTRODUCED BY   Senator Ashburn

                        FEBRUARY 22, 2005

   An act to add and repeal Article 6 (commencing with Section 43860)
of Chapter 4 of Part 5 of Division 26 of the Health and Safety Code,
relating to air pollution.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 975, Ashburn  Air quality: biodiesel fuel.
   Existing law imposes various limitations on emissions of air
contaminants for the control of air pollution from vehicular and
nonvehicular sources. Existing law generally designates the State Air
Resources Board as the state agency with the primary responsibility
for the control of vehicular air pollution. Existing law requires the
state board to establish, by regulation, various standards for
gasoline and motor vehicle fuel.
   This bill would provide that any public agency, or regulated
utility, or owner or operator of a solid waste collection or
collection vehicle, as defined, may use a biodiesel blend fuel, as
defined, in any retrofitted vehicular or off-road diesel engine
certified by the state board.
   This bill would repeal its provisions on January 1, 2008, as
specified.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Article 6 (commencing with Section 43860) is added to
Chapter 4 of Part 5 of Division 26 of the Health and Safety Code, to
read:

      Article 6.  Biodiesel and Biodiesel Blend Fuels

   43860.  (a) Any federal, state, or local agency, or any regulated
utility, or any owner or operator of a solid waste collection vehicle
or collection vehicle, as defined in Section 2021 of Title 13 of the
California Code of Regulations, may utilize a biodiesel blend fuel
consisting of not more than 20 percent biodiesel in any retrofitted
vehicular or off-road diesel engine certified by the state board,
whether or not biodiesel is expressly identified as a fuel for use
with the retrofit system.
   (b) For purposes of this section:
   (1) "Biodiesel" means a fuel comprised of mono-alkyl esters of
long chain fatty acids derived from vegetable oils or animal fats,
designated B100, and meeting the requirements of the American Society
for Testing and Materials (ASTM) D-6751.
   (2) "Biodiesel blend" means a blend of biodiesel fuel meeting the
requirements of the American Society for Testing and Materials (ASTM)
D-6751 with California Air Resources Board (CARB) diesel fuel,
designated BXX, where XX represents the volume percentage of
biodiesel fuel in the blend.
   (c) This article shall remain in effect until January 1, 2008, and
on that date is repealed unless a later enacted statute, that is
enacted before January 1, 2008, deletes or extends that date.