Search Federal and State Laws and Incentives

Alternative Fuel Definition

The following fuels are defined as alternative fuels by the Energy Policy Act (EPAct) of 1992: pure methanol, ethanol, and other alcohols; blends of 85% or more of alcohol with gasoline; natural gas and liquid fuels domestically produced from natural gas; propane; coal-derived liquid fuels; hydrogen; electricity; pure biodiesel (B100); fuels, other than alcohol, derived from biological materials; and P-Series fuels. In addition, the U.S. Department of Energy may designate other fuels as alternative fuels, provided that the fuel is substantially non-petroleum, yields substantial energy security benefits, and offers substantial environmental benefits. For more information, see the EPAct website. (Reference 42 U.S. Code 13211)

Alternative Fuel Definition - Internal Revenue Code

The Internal Revenue Service (IRS) defines alternative fuels as propane, natural gas, liquefied hydrogen, liquid fuel derived from coal through the Fischer-Tropsch process, liquid hydrocarbons derived from biomass, and P-Series fuels. Biodiesel, ethanol, and renewable diesel are not considered alternative fuels by the IRS. While the term "hydrocarbons" includes liquids that contain oxygen, hydrogen, and carbon and as such "liquid hydrocarbons derived from biomass" includes ethanol, biodiesel, and renewable diesel, the IRS specifically excluded these fuels from the definition. (Reference 26 U.S. Code 6426)

Alternative Fuel Production Subsidy Prohibition

Incentives or subsidies from political subdivisions for the production of alternative fuels are prohibited by law, with exceptions for certain coal-based liquid fuels. (Reference West Virginia Code 8-27A-3 and 11-13D-3D)

Alternative Fuel Definition

Alternative fuels are defined as natural gas, propane, electricity, hydrogen, fuel mixtures containing not less than 85% ethanol or methanol, and fuel mixtures containing not less than 20% vegetable oil, or a water-phased hydrocarbon fuel emulsion in an amount not less than 20% by volume. Biodiesel is defined as a renewable, biodegradable, mono alkyl ester combustible liquid fuel that is derived from agricultural plant oils or animal fats and meets current ASTM pure biodiesel (B100) standards. (Reference New Mexico Statutes 13-1B-2 and 57-19-27)

Biodiesel Definition

Biodiesel is defined as any fuel derived in whole or in part from agricultural products, animal fats, or the wastes from these products, and is suitable for use in diesel engines. A biodiesel blend is defined as any fuel produced by blending biodiesel with petroleum-based diesel to produce a fuel suitable for use in diesel engines.

(Reference Idaho Statutes 63-2401)

Biofuel Quality Inspection and Testing

The Tennessee Department of Agriculture may inspect and test biofuels under the Kerosene and Motor Fuels Quality Inspection Act of 1989.

(Reference Tennessee Code 47-18-1306 and 54-1-136)

Hydrogen Fuel Specifications

The California Department of Food and Agriculture, Division of Measurement Standards (DMS) requires that hydrogen fuel used in internal combustion engines and fuel cells must meet the SAE International J2719 standard for hydrogen fuel quality. For more information, see the DMS Hydrogen Fuel website.

(Reference California Code of Regulations Title 4, Section 4180-4181)

E85 Definition

E85 is a fuel blend nominally consisting of 85% ethanol and 15% gasoline by volume that meets ASTM specification D5798. (Reference Indiana Code 6-6-1.1-103)

Biodiesel Definition

Biodiesel is defined as a renewable, biodegradable fuel derived from agricultural plant oils or animal fats that meet ASTM specification D6751. Blended biodiesel is a blend of biodiesel with petroleum diesel fuel so that the volume percentage of biodiesel in the blend is at least 2% (B2). (Reference Indiana Code 6-6-2.5-1.5)

Biodiesel Specifications

Biodiesel produced or sold in the state, including for the purpose of blending with petroleum diesel, must meet ASTM Standard D6751. (Reference Georgia Code 10-1-151.1)

Biofuel Blend Mandate

All gasoline sold or offered for sale in Minnesota must contain at least: - 10% corn-based ethanol by volume or the maximum percent by volume of corn-based ethanol authorized in a waiver issued by the U.S. Environmental Protection Agency (EPA), whichever is greater; or - 10% other biofuel authorized in an EPA waiver by volume, or a biofuel formulation registered by EPA under Title 42 of the Code of Federal Regulations, section 7545.

Biofuel is defined as renewable fuel with an approved fuel pathway under the Energy Policy Act of 2005, as amended under the Energy Independence and Security Act of 2007.

(Reference Minnesota Statutes 239.761 and 239.791)

Biodiesel Definition

Biodiesel is a renewable special fuel that is composed of mono-alkyl esters of long chain fatty acids, derived from vegetable oils or animal fats, and meets the requirements of the ASTM Standard D6751.

(Reference New Hampshire Revised Statutes 259:6-a)

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)

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)

Hydrogen Production and Retail Requirements

All hydrogen fuel produced and sold in Michigan must meet state fuel quality requirements. Any retailer offering hydrogen fuel for sale in the state must register with, and obtain approval from, the Michigan Department of Agriculture (MDA). A hydrogen retailer must also obtain a license from the MDA for each operating retail outlet.

(Reference Michigan Compiled Laws 290.642 through 290.647)

Biodiesel Retail and Storage Requirements

All biodiesel and biodiesel blends sold in Michigan must meet state fuel quality requirements, including ASTM D6751 specification. A refiner, distributor, or retailer cannot transfer or dispense biodiesel or biodiesel blends unless the fuel is visibly free of undissolved water, sediments, and other suspended matter. Additionally, a biodiesel retailer may not sell biodiesel or biodiesel blends drawn from a storage tank that has more than two inches of water or water-alcohol at the bottom. Any retailer of biodiesel or biodiesel blends must obtain a license from the Michigan Department of Agriculture for each operating retail location.

(Reference Michigan Compiled Laws 290.644a and 290.642 through 290.647)

Biodiesel Definition

Biodiesel is defined as a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats, either in pure form or mixed in any combination with petroleum-based diesel fuel. The definition of biodiesel is expanded for purposes of existing provisions that encourage alternative fuels use in state-owned vehicles.

(Reference Wisconsin Statutes 16.045(1)(c))

Ethanol Blended Fuel Definition

Ethanol blended fuel, such as gasohol, is defined as any gasoline blended with 10% or more of anhydrous ethanol.

(Reference Idaho Statutes 63-2401)

Ethanol Blend Definition

An ethanol blend is defined as a blended motor fuel containing ethyl alcohol that is at least 99% pure, derived from agricultural products, and blended exclusively with gasoline. (Reference South Dakota Statutes 10-47B-3)

Fuel Quality Standards

The South Dakota Department of Public Safety may authorize fuel quality standards and enforce fuel rules that conform to appropriate ASTM standards, including:

• Standards for the maximum volume percentages of ethanol and methanol in alcohol blended fuels;
• A program and prescribed methods for the inspection and testing of alcohol blended fuels, petroleum products, biodiesel, and biodiesel blends;
• Labeling requirements for devices dispensing alcohol blended fuels, biodiesel, and biodiesel blends;
• Standards setting the specifications and tolerance requirements for petroleum products, biodiesel, and biodiesel blends; and
• Regulations for filtering systems used on devices dispensing alcohol blended fuels.

(Reference South Dakota Statutes 37-2-6)

Ethanol Production Facility Fee

The cost to submit an air quality permit application for an ethanol production plant is $1,000. An annual renewal fee is also required for the duration of the air quality permit. The annual renewal fee includes an administrative fee of $1,000 and an emissions fee equaling $40 per ton of particulate matter, sulfur dioxide, nitrogen oxide, volatile organic compounds, and hazardous air pollutants emitted during the previous calendar year. The annual fee must be paid to the South Dakota Department of Revenue and Regulation by July 31 following the year in which the permit is issued and annually thereafter. (Reference South Dakota Statutes 34A-1-58.1)

E85 Definition

E85 motor fuel is defined as an alternative fuel that is a blend of ethanol and hydrocarbon, of which the ethanol portion is 75-85% denatured fuel ethanol by volume and complies with the most current ASTM specification D5798. (Reference Revised Code of Washington 19.112.010)

Biodiesel Definition

Biodiesel fuel is defined as a monoalkyl ester of long chain fatty acids derived from vegetable oils or animal fats for use in compression-ignition engines and meets the requirements of the ASTM specification D6751. (Reference Revised Code of Washington 19.112.010 and 43.19.643)

Biofuels Production and Distribution Contracts

Conservation districts, public development authorities, municipal utilities, and public utility districts may enter crop purchase contracts to produce, sell, and distribute biodiesel produced from Washington feedstocks, cellulosic ethanol, and cellulosic ethanol blended fuels for utility and public use. Additionally, municipal utilities and public utility districts may produce and distribute biodiesel, ethanol, and ethanol blended fuels. (Reference Revised Code of Washington 35.21.465, 35.92.440, 54.04.190, and 89.08.570)

Energy Feedstock Program

The Hawaii Department of Agriculture (Department) established the Energy Feedstock Program to promote and support the production of energy feedstock development in Hawaii and to establish milestones and objectives for production of energy feedstock in the state to meet its energy requirements. Energy feedstock includes feedstock used to produce biofuels. For more information, see the Department’s 2017 and 2020 Energy Feedstock Program reports.

(Reference Hawaii Revised Statutes 141-9)

Biodiesel Definition

Biodiesel is defined as a renewable, biodegradable, mono alkyl ester combustible liquid fuel that is derived from agricultural plant oils or animal fats and meets ASTM Standard D6751-11b for pure biodiesel (B100). A biodiesel blend is a blend of diesel fuel and biodiesel fuel (between 6% and 20%) for on-road and off-road diesel vehicle use. Biodiesel blends must comply with ASTM Standard D7467-10. Biodiesel produced from palm oil is not considered biodiesel fuel unless the palm oil is waste oil or grease collected from within the United States or Canada. (Reference Minnesota Statutes 239.761 and 239.77)

(Reference Minnesota Statutes 239.761 and 239.77)

Biodiesel Quality Testing Procedures

Each biodiesel or other renewable diesel producer, distributor, or importer must retain the certificate of analysis for each batch or production lot of B100 sold or delivered in the state for at least one year. The Oregon Department of Agriculture (ODA) or authorized agents may examine these records as necessary. The ODA or authorized agents may also perform on-site testing or obtain samples of biodiesel or other renewable diesel from any producer, bulk facility, or retail location that sells, distributes, transports, hauls, delivers, or stores biodiesel or other renewable diesel. The related testing cost is the responsibility of the business providing the sample. (Reference Oregon Revised Statutes 646.923)

Biodiesel Production Tax

A private biodiesel producer that produces less than 5,000 gallons of biodiesel annually is subject to the annual state motor fuel tax. The return and payment of taxes for a given year are due by January 20 of the following year. A private biodiesel producer that produces more than 5,000 gallons of biodiesel annually must file returns and make monthly state motor fuel tax payments. The return and payment of taxes are due by the 20th day of each calendar month for the preceding calendar month. A private biodiesel fuel producer is defined as a person who converts biomass materials into biodiesel fuel or blends biodiesel fuel exclusively for personal use and not for sale.

(Reference 35 Illinois Compiled Statutes 505/2, 505/2a, and 505/2d)

Biodiesel and Renewable Diesel Definitions

Biodiesel is defined as a fuel composed of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats that is designated B100 and meets the requirements of ASTM D6751. Renewable diesel is a fuel produced from non-fossil renewable resources, including agricultural or silvicultural plants; animal fats; residue and waste generated from the production, processing, and marketing of agricultural products, silvicultural products; and other renewable resources; that meets applicable ASTM standards. (Reference Virginia Code 58.1-439.12:02)

Biofuel Quality Program

The Washington State Department of Agriculture (WSDA) Biofuels Quality Program tests and assesses biofuel quality and quantity to resolve any quality issues before the product reaches the consumer. WSDA samples biofuel throughout the state, monitors and tracks the quality of biofuel, and works with producers and manufacturers to help supply the highest biofuel quality fuel available to consumers. The goal of the program is to create equity in the biofuel marketplace for refiners, suppliers, distributors, and retailers, and protect consumers. (Reference Revised Code of Washington 19.112.005 through 19.112.080)

Biodiesel and Ethanol Definitions and Retail Requirements

Commercial biodiesel stock used for biodiesel blends must be at least 99% biodiesel (no more than 1% diesel fuel) and meet ASTM Standard D6751. Biodiesel blends must meet ASTM Standard D975. Biodiesel blends made available for public use at retail locations may not exceed 20% biodiesel (B20), and biodiesel blends containing more than 5% biodiesel (B5) must be labeled as a biodiesel blend at the pump.

Ethanol is defined as nominally anhydrous ethyl alcohol that meets ASTM Standard D4806. Ethanol blends made available for public use at a retail location must be labeled accordingly (e.g., E85).

(Reference Rules of the Tennessee Department of Agriculture 0080-5-12-.01, 0080-5-12-.02, and 0080-5-12-.03)

Ethanol Blend Requirement

Suppliers that import gasoline for sale in North Carolina must offer fuel that is not pre-blended with fuel alcohol but that is suitable for future blending. Future contract provisions that restrict distributors or retailers from blending gasoline with fuel alcohol are void. (Reference North Carolina General Statutes 75-90 and 105-449.60)

Ethanol Blending Regulation

Gasoline suppliers who provide fuel to distributors in the state must offer gasoline that is suitable for blending with fuel alcohol. Suppliers may not prevent or inhibit a gasoline distributor from being a blender or from qualifying for any federal or state tax credit offered to blenders. (Reference Georgia Code 10-1-234.1)

Biodiesel and Renewable Fuel Definitions

Biodiesel is defined as a renewable, biodegradable, mono alkyl ester combustible liquid fuel that is derived from vegetable oils or animal fats and meets the specifications adopted by rules and regulations of the Kansas Department of Agriculture pursuant to current law. The Kansas specification must meet the ASTM D6751-07 specification for biodiesel fuel (B100) blend stock for distillate fuels, but may be more stringent regarding biodiesel quality and usability. Renewable fuels are defined as combustible liquids derived from grain starch, oil seed, animal fats, or other biomass; or produced from a biogas source, including any non-fossilized, decaying, organic matter capable of powering spark ignition machinery.

(Reference Kansas Statutes 79-34,155 and 79-34,170)

Supply of Petroleum Products for Blending with Biofuels

Petroleum product refiners and suppliers must make all grades of gasoline and diesel fuel available to any wholesaler in a condition that allows for the fuel to be blended with ethanol or other bio-based products and must be sold in Tennessee. In addition, gasoline products must be available with detergent additives in concentrations such that after the addition of ethanol, the final product meets or exceeds the lowest additive concentrations that the U.S. Environmental Protection Agency requires.

(Reference Tennessee Code 47-25-2003)

Biodiesel Producer Requirements

Biodiesel is defined as a fuel that is composed of mono-alkyl esters of long-chain fatty acids derived from plant or animal matter, meets the registration requirements for fuels and fuel additives of Title 40 of the U.S. Code of Federal Regulations, section 79, and conforms to ASTM Standard D6751. A biodiesel blend is a blend of biodiesel and petroleum-based product suitable for use in a motor vehicle. A special fuel manufacturer is a person who manufactures, blends, produces, refines, prepares, distills, or compounds only special fuel containing biodiesel or biodiesel blends in Nevada for personal use in the state or for sale or delivery in or outside of the state. Special fuel manufacturers must obtain a license from the Nevada Department of Motor Vehicles (DMV) and report quantities of biodiesel fuel produced or blended in the state as well as contact information for biodiesel purchasers or recipients. Manufacturers must ensure that biodiesel blends produced do not exceed total volumes the DMV has established. (Reference Nevada Revised Statutes 366.022 through 366.024, 366.068, and 366.386)

Clean Transportation Fuel Standards

The Oregon Department of Environmental Quality (DEQ) administers the Oregon Clean Fuels Program (Program), which requires fuel producers and importers to register, keep records of, and report the volumes and carbon intensities of the fuels they provide in Oregon. Phase 2 of the Program, implemented in 2016, requires fuel suppliers to reduce the carbon content of transportation fuels.

In 2020, a new goal was implemented to reduce the carbon content of transportation fuels by 20% below 2015 levels by 2030, and 25% below 2015 levels by 2035.

DEQ must conduct rulemaking for the Program to support greater electric vehicle (EV) adoption. DEQ must also develop a method to aggregate and monetize all eligible EV credits in the Program to assist in achieving the state goal of 50,000 registered EVs in Oregon by 2020. For more information, see the DEQ Oregon Clean Fuels Program website.

(Reference Executive Order 20-04, 2020, Oregon Revised Statutes 468A.266, and Oregon Administrative Rules 340-253)

Biodiesel Distributor License and Recordkeeping Requirements

Any person who refines, distills, prepares, blends, manufactures, or purchases biodiesel on which the road tax has not been paid and who is not a licensed and bonded distributor must become licensed with the New Hampshire Department of Safety (NHDOS). An annual license fee of $25 applies. Any licensed biodiesel refiner, distiller, blender, manufacturer, or purchaser of more than 10,000 gallons of biodiesel per month must file a bond with NHDOS. All biodiesel distributors must maintain and keep records for a period of four years to verify all biodiesel sold within the state meets ASTM Standard D6751 specifications. Failure to demonstrate compliance may result in loss of the license.

(Reference New Hampshire Revised Statutes 260:36-d, 260:38, and 260:43-b))

Biofuels Definitions and Specifications

Biodiesel is defined as a fuel that is produced from nonpetroleum renewable resources and meets ASTM Standard D6751 and the U.S. Environmental Protection Agency registration requirements for fuels and fuel additives established in Section 211 of the Clean Air Act. E85 is defined as a blend of fuel ethanol and gasoline that meets ASTM Standard D5798. The Arizona Department of Weights and Measures must adopt rules to establish and enforce federal standards and ASTM test methods for biofuels and biofuel blends, and blenders of biodiesel must follow the established reporting requirements.

(Reference Recodified to Arizona Revised Statutes 3-3401 and 3-3433 and Arizona Administrative Code R3-7-718)

Biodiesel Definition and Specification

Biodiesel is defined as a fuel that is comprised of mono-alkyl esters of long-chain fatty acids derived from vegetable oils or animal fats and that conforms to ASTM standard D6751. All fuel consisting of at least 99% biodiesel (B99) that is sold or offered for sale must conform to ASTM standard D6751.

(Reference 815 Illinois Compiled Statutes 370/4)

Alternative Fuel Definition and Specifications

An alternative fuel is defined as biofuel, ethanol, methanol, hydrogen, coal-derived liquid fuels, electricity, natural gas, propane gas, or a synthetic transportation fuel. Biofuel is defined as a renewable, biodegradable, combustible liquid or gaseous fuel derived from biomass or other renewable resources that can be used as transportation fuel, combustion fuel, or refinery feedstock and that meets ASTM standards and federal quality requirements for each category or grade of fuel. Biofuel includes biodiesel or renewable diesel, renewable gasoline, renewable jet fuel and naphtha, biocrude, biogas, and other renewable, biodegradable, mono alkyl ester combustible fuel derived from biomass. Ethanol is ethyl alcohol derived from biomass that meets ASTM Standard D4806-04a and federal quality requirements. Synthetic transportation fuel is a liquid fuel produced from biomass by a gasification process or other refining process that meets any applicable state or federal environmental requirement. (Reference Arkansas Code 15-13-102 and 26-62-102)

Biofuel Specifications

Ethanol-blended gasoline must conform to ASTM D4814, E85 must conform to ASTM D4806, and biodiesel-blended fuel containing at least 6%, but no more than 20%, biodiesel must conform to ASTM D7467. Biodiesel blended fuel containing more than 20% biodiesel must conform to standards set by the Iowa Department of Agriculture and Land Stewardship. Additionally, biobutanol must be an agriculturally derived isobutyl alcohol that meets ASTM D7862 for butanol for blending with gasoline for use as a motor fuel. Gasoline blended with biobutanol must conform to ASTM D4814. The state defers to the U.S. Environmental Protection Agency for potential changes in specifications.

(Reference Iowa Code 214A.2 and Iowa House File 2128, 2022)

Biodiesel and Renewable Diesel Definitions

Biodiesel is defined as a fuel that is comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oil or animal fats and that meets ASTM D6751. Renewable diesel is defined as a fuel produced from non-fossil renewable resources, including agricultural or silvicultural plants, animal fats, residue, and waste generated from the production, processing, and marketing of agricultural products, silvicultural products, and other renewable resources. Renewable diesel must meet applicable ASTM specifications. (Reference North Dakota Century Code 57-43.2-01)

Electric Vehicle (EV) Definition

An EV is defined as a vehicle that:

• Does not have the ability to be propelled by gasoline
• Draws electricity from a battery with a capacity of at least four kilowatt-hours and is capable of being charged from an external source
• Has not been modified from the original equipment manufacturer power train specifications
• Has a gross vehicle weight rating of 8,500 pounds or less
• Has a maximum speed of at least 65 miles per hour, and
• Meets applicable requirements in Title 49 of the U.S. Code of Federal Regulations, Section 571.

(Reference North Carolina General Statutes 20-4.01)

Alternative Fuel and Conversion Definitions

Clean transportation fuels include propane, compressed natural gas (CNG), liquefied natural gas (LNG), electricity, and other transportation fuels determined to be comparable with respect to emissions. Propane is defined as a hydrocarbon mixture produced as a by-product of natural gas processing and petroleum refining and condensed into liquid form for sale or use as a motor fuel. CNG is defined as pipeline-quality natural gas that is compressed and provided for sale or use as a motor vehicle fuel. LNG is defined as pipeline-quality natural gas treated to remove water, hydrogen sulfide, carbon dioxide, and other components that will freeze and condense into liquid form for sale or use as a motor vehicle fuel.

A bi-fuel system is defined as the power system for motor vehicles powered by gasoline and either CNG or LNG. Bi-fuel systems are considered clean fuel systems. Conversion is defined as repowering a motor vehicle or special mobile equipment by replacing its original gasoline or diesel powered engine with one capable of operating on clean transportation fuel or retrofitting a motor vehicle or special mobile equipment with parts that enable its original gasoline or diesel engine to operate on clean transportation fuel.

(Reference Kentucky Revised Statutes 186.750)

Alternative Fuel and Special Fuel Definitions

The definition of alternative fuel includes propane. Special fuel is defined as all combustible gases and liquids that are suitable for powering an internal combustion engine or motor or are used exclusively for heating, industrial, or farm purposes. Special fuels include biodiesel, blended biodiesel, and natural gas products, including liquefied and compressed natural gas. (Reference Indiana Code 6-6-2.5-1 and 6-6-2.5-22)

E85 Definition

E85 is defined as a blend of ethanol and gasoline that contains no more than 85% ethanol and is produced for use in alternative fuel vehicles. E85 must comply with ASTM Standard D5798-11.

(Reference Minnesota Statutes 239.761)

Biodiesel and Renewable Diesel Sales Requirements

It is unlawful for any person to sell, offer for sale, assist in the sale of, deliver, or permit to be sold or offered for sale any biodiesel, biomass-based diesel, or biomass-based diesel blend unless it meets applicable registration requirements for fuels and additives. Biodiesel must meet Title 40 of the U.S. Code of Federal Regulations, section 79, and ASTM Standard D6751. Biomass-based diesel and biomass-based diesel blends must meet the requirements in Title 42 U.S. Code of Federal Regulations, section 7545. (Reference Nevada Revised Statutes 590.070)

Hydrogen Fueling Station Evaluation

The California Air Resources Board (CARB) may not enforce any element of regulations that would require a supplier to construct, operate, or provide funding to construct or operate a publicly available hydrogen fueling station.

Annually, CARB must aggregate and share the number of hydrogen vehicles that manufacturers project will be sold or leased over the next three years and the total number of hydrogen vehicle registered in the state. Based on this information, CARB must evaluate the need for additional publicly available hydrogen fueling stations for the subsequent three years and report findings to the California Energy Commission (CEC) including the of number of stations, geographic areas where stations are needed, and minimum operating standards, such as number of dispensers and filling pressures.

The CEC will allocate up to $20 million per year to fund the number of stations deemed necessary based on CARB’s evaluation and reports. The CEC may stop funding new stations if it determines, in consultation with CARB, that the private sector is developing publicly available stations without the need for government support.

The CEC and CARB must issue an annual report on progress toward establishing a hydrogen fueling station network that meets the needs of vehicles being used in the state. The review will determine the remaining cost and time required to establish a network of 100 publicly available hydrogen fueling stations and whether funding from the Clean Transportation Program is necessary to achieve this goal. For more information see CARB’s Hydrogen Fueling Infrastructure website and the CEC and CARB Joint Agency Report on Assembly Bill 8.

(Reference California Health and Safety Code 43018.9)

Alternative Fuel Definition

Alternative fuels are defined as pure methanol, ethanol and other blends of at least 85% alcohol, natural gas, propane, coal-derived liquid fuels, hydrogen, electricity, pure biodiesel, renewable diesel, fuels other than alcohol that are derived from biological materials, and P-series fuels. Biodiesel is defined as mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats that meets current ASTM biodiesel standards. (Reference Wyoming Statutes 39-17-301)

Biodiesel Definition

Biodiesel is defined as the monoalkyl esters of long chain fatty acids derived from plant or animals that meet the registration requirements for fuels and fuel additives established in Section 211 of the Clean Air Act, Title 42 of the U.S. Code of Federal Regulations, section 7545, and the requirements of ASTM Standard D6751.

(Reference New Jersey Statutes 54:39-102)

Renewable Fuel Distributor and Vehicle Manufacturer Liability Protection

Renewable fuel refiners, suppliers, terminals, wholesalers, distributors, retailers, and motor vehicle manufacturers and dealers are not liable for property damages related to a customer’s purchase of renewable fuel, including blends, if the consumer selected the fuel for use. Motor fuel blended with any amount of renewable fuel will not be considered a defective product provided the fuel compiles with motor fuel quality regulations.

(Reference Missouri Revised Statutes 414.255)

Ethanol Blend Specifications

Ethanol-blended gasoline sold in the state must meet ASTM standards.

(Reference Tennessee Code 47-18-1304)

Biofuel Quality Program

The Iowa Department of Agriculture and Land Stewardship must establish and administer programs to audit motor fuel facilities, including biofuel processing and production plants, to screen and test motor fuel, including renewable fuel, and to inspect motor fuel sold by dealers, including retail motor fuel dealers. Biofuels include ethanol, biobutanol, and biodiesel. Renewable fuel is defined as a combustible liquid derived from biomass or produced from a biogas source, such as biofuel and biofuel blended with gasoline. (Reference Iowa Code 214A.1 and 214A.2C)

Retail E15 Access Requirements

Beginning January 1, 2026, retail gasoline fueling stations must advertise and sell E15 from at least one gasoline dispenser. The Iowa Department of Agriculture and Land Stewardship may refuse to renew, suspend, or revoke retail fuel licenses for failure to comply with access requirements. Additional requirements and exemptions may apply.

(Reference Iowa House File 2128, 2022 and Iowa Code 214A.31-214A.37)

Hydrogen Fuel Production Support

The Hydrogen Study Committee (Committee) must evaluate existing state and federal laws, regulations, and funding sources for hydrogen fuel and recommend legislation related to the production, use, distribution, and storage of hydrogen. The Committee must review the following topics:

• The impacts of hydrogen production from various fuel sources;
• The construction of a dedicated hydrogen pipeline for transportation fuel;
• Long-term opportunities for carbon capture and sequestration;
• Streamlined permitting processes for hydrogen facilities and infrastructure;
• Cost-effective industrial rates for hydrogen production;
• Safety standards regarding the production, use, distribution and storage of hydrogen by state agencies; and
• Economic impacts of the potential hydrogen value chain in Arizona.

The committee must submit a report of their evaluation and recommendations to the Arizona legislature by September 1, 2023.

(Reference Senate Bill 1396, 2022)

Alternative Fuel Quality Standards

The Commissioner of Agriculture and Markets may adopt rules and regulations and set standards related to alternative fuel quality, specifications, and sampling and testing methods. Alternative fuels include ethanol, methanol, butanol, and other non-petroleum liquid or gaseous fuels derived from biological materials for use in motor vehicles.

(Reference Assembly Bill 7567, 2021 and New York Agriculture and Markets Law 3-179)