CHAPTER 11. E85 FUELING STATION GRANT PROGRAM
IC 15-11-11
Chapter 11. E85 Fueling Station Grant Program
IC 15-11-11-0.3
"Biofuels"
Sec. 0.3. As used in this chapter, "biofuels" means biomassconverted into liquid or gaseous fuels.
As added by P.L.95-2010, SEC.3.
IC 15-11-11-0.7
"Biomass"
Sec. 0.7. As used in this chapter, "biomass" means agriculturallybased sources of renewable energy, including the following:
(1) Agricultural crops.
(2) Agricultural wastes and residues.
(3) Wood and wood byproducts, including the following:
(A) Wood residue.
(B) Forest thinning.
(C) Mill residue wood.
(4) Animal wastes.
(5) Animal byproducts.
(6) Aquatic plants.
(7) Algae.
The term does not include waste from construction and demolition.
As added by P.L.95-2010, SEC.4.
IC 15-11-11-1
"E85 base fuel"
Sec. 1. As used in this chapter, "E85 base fuel" has the meaningset forth for "E85" in IC 6-6-1.1-103(s).
As added by P.L.2-2008, SEC.2.
IC 15-11-11-2
"Fueling station"
Sec. 2. As used in this chapter, "fueling station" refers to tangibleproperty (other than a building and its structural components):
(1) consisting of:
(A) a tank;
(B) a pump; and
(C) other components; and
(2) that is used by either:
(A) a person engaged in the business of selling motor fuel atretail to enable motor fuel to be dispensed directly into thefuel tank of a customer's motor vehicle; or
(B) a unit to enable motor fuel to be dispensed directly intothe fuel tank of a motor vehicle owned or leased by the unit.
As added by P.L.2-2008, SEC.2. Amended by P.L.91-2008, SEC.5.
IC 15-11-11-3
"Location" Sec. 3. As used in this chapter, "location" refers to one (1) ormore parcels of land that:
(1) have a common access to a public highway; and
(2) are or would appear to the reasonable individual making anobservation from a public highway to be part of the samebusiness.
As added by P.L.2-2008, SEC.2. Amended by P.L.95-2010, SEC.5.
IC 15-11-11-4
"Motor vehicle"
Sec. 4. As used in this chapter, "motor vehicle" means any vehiclethat:
(1) is manufactured primarily for use on public streets, roads,and highways (not including a vehicle operated exclusively ona rail or rails); and
(2) has at least four (4) wheels.
As added by P.L.2-2008, SEC.2.
IC 15-11-11-4.3
"Person"
Sec. 4.3. As used in this chapter, "person" means:
(1) an individual;
(2) an agricultural producer;
(3) a partnership;
(4) a corporation;
(5) a limited liability company; or
(6) an unincorporated association.
As added by P.L.95-2010, SEC.6.
IC 15-11-11-4.7
"Project"
Sec. 4.7. As used in this chapter, "project" refers to the productionor distribution of biofuels through the use of a renewable energysystem infrastructure.
As added by P.L.95-2010, SEC.7.
IC 15-11-11-5
"Qualified investment"
Sec. 5. As used in this chapter, "qualified investment" refers to anordinary and usual expense that is incurred:
(1) after June 30, 2007, to do either of the following:
(A) Purchase any part of a renewable fuel compatible fuelingstation for the purpose of:
(i) installing the new renewable fuel compatible fuelstation at a location on which a fueling station is notlocated; or
(ii) converting an existing fueling station that is not arenewable fuel compatible fueling station into a fuelingstation that is a renewable fuel compatible fueling station.
(B) Refit any part of a fueling station that is not renewable
fuel compatible as a renewable fuel compatible fuelingstation, including the costs of cleaning storage tanks andpiping to remove petroleum sludge and other contaminants;or
(2) after December 31, 2009, for the installation of a renewableenergy system infrastructure that uses commercial technologiesto produce or distribute biofuels. It does not include a cost orexpense for:
(A) research and development;
(B) land acquisition;
(C) agricultural tillage equipment;
(D) salaries; or
(E) other noninfrastructure purposes determined ineligibleby the department.
As added by P.L.2-2008, SEC.2. Amended by P.L.95-2010, SEC.8.
IC 15-11-11-6
"Renewable fuel compatible"
Sec. 6. As used in this chapter, "renewable fuel compatible"means:
(1) capable of storing and delivering E85 base fuel withoutcontaminants resulting from deterioration from constant contactwith alcohol fuels; and
(2) in conformity with applicable governmental standards, ifany, and other nationally recognized standards applying tostorage and handling of E85 base fuel, as determined under thestandards prescribed by the department.
As added by P.L.2-2008, SEC.2.
IC 15-11-11-6.5 Version a
"Unit"
Note: This version of section amended by P.L.4-2009, SEC.1. Seealso following version of this section amended by P.L.148-2009,SEC.3.
Sec. 6.5. As used in this chapter, "unit" means a city, town,county, township, school corporation (as defined inIC 20-18-2-16(a)), or a college or university (as defined inIC 21-7-13-10).
As added by P.L.91-2008, SEC.6. Amended by P.L.4-2009, SEC.1.
IC 15-11-11-6.5 Version b
"Unit"
Note: This version of section amended by P.L.148-2009, SEC.3.See also preceding version of this section amended by P.L.4-2009,SEC.1.
Sec. 6.5. As used in this chapter, "unit" means a city, town,county, township, school corporation (as defined inIC 20-18-2-16(a)), or state educational institution (as defined inIC 21-7-13-32).
As added by P.L.91-2008, SEC.6. Amended by P.L.148-2009, SEC.3.
IC 15-11-11-7
Grant; award and guideline compliance
Sec. 7. (a) Subject to subsection (c), the department may award agrant under this chapter to a person or unit that:
(1) makes a qualified investment and places the qualifiedinvestment in service in Indiana for the dispensing of E85 basefuel into the fuel tanks of motor vehicles; or
(2) places a qualified investment in service in Indiana for theproduction or distribution of biofuels.
(b) A recipient of a grant awarded under this chapter must complywith any guidelines developed by the department and the office ofenergy and defense development.
(c) The department may not award more than one (1) grant underthis chapter for a:
(1) renewable fuel compatible fueling station at a location; or
(2) project.
As added by P.L.2-2008, SEC.2. Amended by P.L.91-2008, SEC.7;P.L.95-2010, SEC.9.
IC 15-11-11-8
Grant amount
Sec. 8. (a) Subject to subsections (b) and (c), the department andthe office of energy and defense development shall determine theamount of each grant awarded under this chapter.
(b) The amount of a grant awarded under this chapter for arenewable fuel compatible fueling station at a location may notexceed the lesser of the following:
(1) The amount of the grant recipient's qualified investment forthe location.
(2) Twenty thousand dollars ($20,000).
(c) A grant awarded under this chapter for a project must beawarded on a competitive basis and may not exceed the lesser of:
(1) fifty percent (50%) of the grant recipient's qualifiedinvestment for the project; or
(2) one hundred thousand dollars ($100,000).
(d) The amount of a grant awarded under this chapter for alocation or project may be less than the amount of the grantrecipient's qualified investment for the location or project.
As added by P.L.2-2008, SEC.2. Amended by P.L.91-2008, SEC.8;P.L.95-2010, SEC.10.
IC 15-11-11-9
Department's duties; information; applications; eligibility
Sec. 9. The department shall do the following:
(1) Prepare and supervise the issuance of public informationconcerning the grant program established under this chapter.
(2) Prescribe the form for and regulate the submission ofapplications for grants under this chapter.
(3) Determine an applicant's eligibility for a grant under thischapter.As added by P.L.2-2008, SEC.2.
IC 15-11-11-10
Grant; award limit
Sec. 10. The total amount of grants awarded under this chapter forall state fiscal years may not exceed one million dollars ($1,000,000).
As added by P.L.2-2008, SEC.2.
IC 15-11-11-11
Agricultural biomass infrastructure grant fund; administration;appropriation
Sec. 11. (a) The agricultural biomass infrastructure grant fund isestablished to provide grants under this chapter.
(b) The fund consists of appropriations from the generalassembly.
(c) The treasurer of state shall invest the money in the fund notcurrently needed to meet the obligations of the fund in the samemanner as other public funds may be invested.
(d) Money in the fund at the end of a state fiscal year does notrevert to the state general fund but remains in the fund to be usedexclusively for purposes of this chapter.
(e) Money in the fund is continuously appropriated for thepurposes of this chapter.
As added by P.L.2-2008, SEC.2. Amended by P.L.95-2010, SEC.11.
IC 15-11-11-12
Grant; taxation
Sec. 12. A grant awarded under this chapter is not subject totaxation under IC 6-3-1 through IC 6-3-7.
As added by P.L.2-2008, SEC.2.
IC 15-11-11-13
Grant; effect on qualified property
Sec. 13. A grant awarded under this chapter does not reduce thebasis of the qualified property for purposes of determining any gainor loss on the property when the grant recipient disposes of theproperty.
As added by P.L.2-2008, SEC.2.