Biodiesel Laws and Incentives in Louisiana

The list below contains summaries of all Louisiana laws and incentives related to biodiesel.

State Incentives

Alternative Fuel Vehicle (AFV) and Fueling Infrastructure Tax Credit

The state offers a nonrefundable income tax credit of 30% of the cost of converting a vehicle to operate on an alternative fuel and the cost of alternative fueling equipment. For new original equipment manufacturer AFVs, a taxpayer may take a tax credit of 10% of the cost of the motor vehicle, up to $2,500. To qualify for the tax credit, vehicles must be dedicated AFVs and registered in Louisiana. Commercial vehicles should primarily be used in Louisiana and operate for at least four years. For the purpose of this incentive, alternative fuels include natural gas, propane, non-ethanol based advanced biofuels (excluding flexible fuel vehicles), and electricity if the vehicle has at least four wheels, is primarily for on-street use, can attain a minimum speed of 55 miles per hour, has a minimum battery capacity of four kilowatt-hours, and can be charged externally. Restrictions may apply. (Reference Louisiana Revised Statutes 47:6035 and Louisiana Administrative Code Title 61, Section 1913)

Provision for Green Jobs Tax Credit

Pending available funding, the Louisiana Department of Economic Development will offer a corporate or income tax credit for qualified capital infrastructure projects in Louisiana that are directly related to industries including, but not limited to, the advanced drivetrain vehicle and biofuels industries. The tax credit is for 7% to 18% of the project costs, calculated based on the investment costs, up to $1,000,000 per state-certified green project. The portion of the base investment expended on payroll for Louisiana residents employed in connection with the construction of the project may be eligible for an additional 7.2% tax credit on the payroll. Annual credits caps apply and credits will be distributed on a first-come, first-served basis to eligible recipients. Restrictions may apply. (Reference Louisiana Revised Statutes 47:6037)

Laws and Regulations

Alternative Fuel and Advanced Vehicle Acquisition Requirements

The Louisiana Division of Administration must purchase dedicated alternative fuel vehicles (AFVs) capable of operating on natural gas or liquefied petroleum gas (propane), or bi-fuel vehicles capable of operating on conventional fuel or natural gas, propane, or any non-ethanol advanced biofuel. State agency vehicles may be granted a waiver if fueling stations are not available within a 25 mile radius, the agency cannot recoup the incremental cost of the vehicle within 60 months, or the available vehicles do not meet agency specifications.

Any AFV a state agency purchases or leases must have a minimum fuel economy of 18 miles per gallon (mpg) for city driving, 28 mpg for highway driving, or a combined city/highway average of 24 mpg. Law enforcement vehicles, certified emergency vehicles, and state agency vehicles with prior written authorization are exempt from this requirement. (Reference Louisiana Revised Statutes 39:364 and 39:1646)

Biofuels Feedstock Requirements

The minimum percentage of Louisiana-harvested corn and soybeans used to produce renewable fuel in Louisiana facilities must be at least the same percentage of corn and soybeans used nationally to produce renewable fuel as reported by the U.S. Department of Agriculture's Office of the Chief Economist. To ensure that the appropriate amounts of Louisiana-harvested feedstocks are available for renewable fuel production, renewable fuel manufacturing facilities are responsible for communicating their anticipated production levels and specific feedstock requirements to the Department of Agriculture and Forestry 180 days before the start of commercial operation and on an annual basis thereafter. Additionally, all renewable fuel manufacturing plants must provide an annual report to the state that includes certification that the plant has purchased Louisiana feedstock; production levels; the amount, type, and origination of feedstock used; and any financial benefits the state has provided, including grants, financing, and exemptions. (Reference Louisiana Revised Statutes 3:3712)

Renewable Fuel Standard

Within six months following the point at which monthly production of denatured ethanol produced in Louisiana equals or exceeds a minimum annualized production volume of 50 million gallons, at least 2% of the total gasoline sold by volume in the state must be denatured ethanol. Ethanol is defined an ethyl alcohol that has a purity of at least 99%, exclusive of added denaturants; meets U.S. Bureau of Alcohol, Tobacco, Firearms, and Explosives and ASTM specification D4806; and is produced from domestic agricultural or biomass products. This requirement will not be effective until six months after the average wholesale price of a gallon of Louisiana-manufactured ethanol, less any federal tax incentives or credits, is equal to or below the average wholesale price of a gallon of regular unleaded gasoline in Louisiana for a period of not less than 60 days, as determined by the Louisiana Department of Agriculture and Forestry (Department).

Within six months following the point at which monthly production of biodiesel produced in the state equals or exceeds a minimum annualized production volume of 10 million gallons, at least 2% of the total diesel sold by volume in the state must be biodiesel produced from domestically grown feedstock. Biodiesel is a fuel comprised of mono-alkyl esters of long chain fatty acids derived from renewable resources and meeting the requirements of ASTM specification D6751, 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.

Alternatively, these requirements may be met through the production of an alternate renewable fuel, defined as a liquid fuel that is domestically produced from renewable biomass, can be used in place of ethanol or biodiesel, and meets the definition of renewable fuel in the Energy Policy Act of 2005. Within six months following the point at which cumulative monthly production of an alternate renewable fuel produced in the state equals or exceeds a minimum annual production volume of 20 million gallons, at least 2% of the total motor fuel sold by volume in the state must be the alternate renewable fuel produced from domestically grown feedstock. This requirement may not exceed 2% of the total motor fuel sold by volume by owners or operators of fuel distribution terminals.

Blenders and retailers will have six months to meet the new minimum ethanol, biodiesel, or alternate renewable fuel content requirements, unless the Louisiana Commission of Weights and Measures determines that the quality or supply of ethanol or biodiesel in the state is insufficient or fuel distributors are unable to blend ethanol due to delays in obtaining permits or constructing ethanol blending or storage equipment. Any combination of alternative fuels, including but not limited to denatured ethanol, biodiesel, and alternative renewable fuel may be used to meet these requirements. Fuels containing ethanol or biodiesel will not be required to be sold in ozone nonattainment areas. The Department will adopt rules and regulations requiring incentives to compensate for any costs associated with achieving the minimum ethanol and biodiesel standards. The Department defines domestically grown feedstock to include any feedstock produced in the United States. Because in-state volume requirements are currently being met through the U.S. Renewable Fuel Standard, the state has not implemented any formal procedures to enforce the regulation.

The Louisiana Legislature encourages in-state restaurants to provide their waste fats, oils, and grease to biodiesel production facilities and store their waste fats, oils, and grease in a manner that facilitates the use of these products in a biodiesel production facility.

(Reference Louisiana Revised Statutes 3:4674, 3:4674.1, and 3:3712)

More Laws and Incentives

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