CHAPTER 32.2. ALTERNATIVE FUEL FUELING STATION GRANT PROGRAM
IC 4-4-32.2
Chapter 32.2. Alternative Fuel Fueling Station Grant Program
IC 4-4-32.2-1
"Alternative fuel"
Sec. 1. As used in this chapter, "alternative fuel" means liquefiedpetroleum gas, a compressed natural gas product, or a combinationof liquefied petroleum gas and a compressed natural gas product, notincluding a biodiesel fuel or biodiesel blend, used in an internalcombustion engine or a motor to propel a motor vehicle. The termincludes all forms of fuel commonly or commercially known or soldas butane, propane, or compressed natural gas.
As added by P.L.151-2009, SEC.1.
IC 4-4-32.2-2
"Alternative fuel compatible"
Sec. 2. As used in this chapter, "alternative fuel compatible", withrespect to a fueling station, means capable of storing and deliveringalternative fuel in conformance with any governmental or othernationally recognized standards that apply to the storage andhandling of alternative fuel, as determined under standards adoptedby the office under section 12(1) of this chapter.
As added by P.L.151-2009, SEC.1.
IC 4-4-32.2-3
"Fueling station"
Sec. 3. As used in this chapter, "fueling station" refers to tangibleproperty (other than a building and its structural components) that:
(1) consists of:
(A) a tank or other storage unit;
(B) a pump or other dispensing equipment; and
(C) other components; and
(2) is used by:
(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;
(B) a person engaged in a business, other than a businessdescribed in clause (A), to enable motor fuel to be dispenseddirectly into the fuel tank of a motor vehicle, if the fuelingstation is accessible to members of the public; or
(C) a unit to enable motor fuel to be dispensed directly intothe fuel tank of a motor vehicle, regardless of whether thefueling station is accessible to members of the public.
As added by P.L.151-2009, SEC.1.
IC 4-4-32.2-4
"Location"
Sec. 4. 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 person making anobservation from a public highway to be part of the samebusiness.
As added by P.L.151-2009, SEC.1.
IC 4-4-32.2-5
"Motor fuel"
Sec. 5. (a) As used in this chapter, "motor fuel" has the meaningset forth in IC 6-6-4.1-1(g).
(b) The term includes alternative fuel.
As added by P.L.151-2009, SEC.1.
IC 4-4-32.2-6
"Motor vehicle"
Sec. 6. As used in this chapter, "motor vehicle" has the meaningset forth in IC 15-11-11-4.
As added by P.L.151-2009, SEC.1.
IC 4-4-32.2-7
"Office"
Sec. 7. As used in this chapter, "office" refers to the Indiana officeof energy development.
As added by P.L.151-2009, SEC.1.
IC 4-4-32.2-8
"Qualified investment"
Sec. 8. As used in this chapter, "qualified investment" refers to anordinary and usual expense that is incurred after June 30, 2009, topurchase any part of an alternative fuel compatible fueling station forthe purpose of:
(1) installing a new alternative fuel compatible fueling stationat a location on which a fueling station is not located; or
(2) replacing an existing fueling station that is not an alternativefuel compatible fueling station with a fueling station that is analternative fuel compatible fueling station.
As added by P.L.151-2009, SEC.1.
IC 4-4-32.2-9
"Unit"
Sec. 9. As used in this chapter, "unit" means a county, city, town,township, or school corporation.
As added by P.L.151-2009, SEC.1.
IC 4-4-32.2-10
Grant awards by the office; grant recipient must comply withoffice guidelines; one grant per location
Sec. 10. (a) Subject to subsections (b) and (c), the office mayaward a grant under this chapter to a person or unit that:
(1) makes a qualified investment; and
(2) places the alternative fuel compatible fueling station for
which the qualified investment was made into service;
in Indiana for the dispensing of alternative fuel into the fuel tanks ofmotor vehicles.
(b) A recipient of a grant awarded under this chapter must complywith any guidelines developed by the office in connection withgrants awarded under this chapter.
(c) The office may not award more than one (1) grant under thischapter for a single location.
As added by P.L.151-2009, SEC.1.
IC 4-4-32.2-11
Office determines amount of grant; limit on amount
Sec. 11. (a) Subject to subsection (b) and section 13 of thischapter, the office shall determine the amount of each grant awardedunder this chapter.
(b) The amount of a grant awarded under this chapter for alocation may not exceed the lesser of the following:
(1) The amount of the grant recipient's qualified investment forthe location.
(2) Twenty thousand dollars ($20,000).
(c) The amount of a grant awarded under this chapter for alocation may be less than the amount of the grant recipient's qualifiedinvestment for the location.
As added by P.L.151-2009, SEC.1.
IC 4-4-32.2-12
Administrative responsibilities of the office
Sec. 12. The office shall do the following:
(1) Adopt guidelines to determine standards for awarding grantsunder this chapter, including standards for determining whethera fueling station complies with applicable governmental orother nationally recognized standards that apply to the storageand handling of alternative fuel.
(2) Prepare and supervise the issuance of public informationconcerning the grant program established under this chapter.
(3) Prescribe the form for and regulate the submission ofapplications for grants under this chapter.
(4) Determine an applicant's eligibility for a grant under thischapter.
As added by P.L.151-2009, SEC.1.
IC 4-4-32.2-13
Limit on total grants awarded for all fiscal years
Sec. 13. 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.151-2009, SEC.1.
IC 4-4-32.2-14
Alternative fuel fueling station grant fund; sources of funds;investment of money in fund; nonreverting fund; appropriation Sec. 14. (a) The alternative fuel fueling station grant fund isestablished to provide grants under this chapter. The fund shall beadministered by the office.
(b) The fund consists of:
(1) money appropriated to the fund by the general assembly;
(2) money received from state or federal grants or programs foralternative fuels projects; and
(3) donations, gifts, and money received from any other source,including transfers from other funds or accounts.
(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.151-2009, SEC.1.
IC 4-4-32.2-15
Grant not subject to state adjusted gross income tax
Sec. 15. 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.151-2009, SEC.1.
IC 4-4-32.2-16
Grant does not reduce basis of qualified property
Sec. 16. 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.151-2009, SEC.1.