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 biomass
converted 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 agriculturally
based 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 meaning
set 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 tangible
property (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 at
retail to enable motor fuel to be dispensed directly into the
fuel tank of a customer's motor vehicle; or
(B) a unit to enable motor fuel to be dispensed directly into
the 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) or
more parcels of land that:
(1) have a common access to a public highway; and
(2) are or would appear to the reasonable individual making an
observation from a public highway to be part of the same
business.
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 vehicle
that:
(1) is manufactured primarily for use on public streets, roads,
and highways (not including a vehicle operated exclusively on
a 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 production
or distribution of biofuels through the use of a renewable energy
system 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 an
ordinary 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 fueling
station for the purpose of:
(i) installing the new renewable fuel compatible fuel
station at a location on which a fueling station is not
located; or
(ii) converting an existing fueling station that is not a
renewable fuel compatible fueling station into a fueling
station 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 fueling
station, including the costs of cleaning storage tanks and
piping to remove petroleum sludge and other contaminants;
or
(2) after December 31, 2009, for the installation of a renewable
energy system infrastructure that uses commercial technologies
to produce or distribute biofuels. It does not include a cost or
expense for:
(A) research and development;
(B) land acquisition;
(C) agricultural tillage equipment;
(D) salaries; or
(E) other noninfrastructure purposes determined ineligible
by 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 without
contaminants resulting from deterioration from constant contact
with alcohol fuels; and
(2) in conformity with applicable governmental standards, if
any, and other nationally recognized standards applying to
storage and handling of E85 base fuel, as determined under the
standards 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. See
also 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 in
IC 20-18-2-16(a)), or a college or university (as defined in
IC 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 in
IC 20-18-2-16(a)), or state educational institution (as defined in
IC 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 a
grant under this chapter to a person or unit that:
(1) makes a qualified investment and places the qualified
investment in service in Indiana for the dispensing of E85 base
fuel into the fuel tanks of motor vehicles; or
(2) places a qualified investment in service in Indiana for the
production or distribution of biofuels.
(b) A recipient of a grant awarded under this chapter must comply
with any guidelines developed by the department and the office of
energy and defense development.
(c) The department may not award more than one (1) grant under
this 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 and
the office of energy and defense development shall determine the
amount of each grant awarded under this chapter.
(b) The amount of a grant awarded under this chapter for a
renewable fuel compatible fueling station at a location may not
exceed the lesser of the following:
(1) The amount of the grant recipient's qualified investment for
the location.
(2) Twenty thousand dollars ($20,000).
(c) A grant awarded under this chapter for a project must be
awarded on a competitive basis and may not exceed the lesser of:
(1) fifty percent (50%) of the grant recipient's qualified
investment for the project; or
(2) one hundred thousand dollars ($100,000).
(d) The amount of a grant awarded under this chapter for a
location or project may be less than the amount of the grant
recipient'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 information
concerning the grant program established under this chapter.
(2) Prescribe the form for and regulate the submission of
applications for grants under this chapter.
(3) Determine an applicant's eligibility for a grant under this
chapter.
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 for
all 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 is
established to provide grants under this chapter.
(b) The fund consists of appropriations from the general
assembly.
(c) The treasurer of state shall invest the money in the fund not
currently needed to meet the obligations of the fund in the same
manner as other public funds may be invested.
(d) Money in the fund at the end of a state fiscal year does not
revert to the state general fund but remains in the fund to be used
exclusively for purposes of this chapter.
(e) Money in the fund is continuously appropriated for the
purposes 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 to
taxation 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 the
basis of the qualified property for purposes of determining any gain
or loss on the property when the grant recipient disposes of the
property.
As added by P.L.2-2008, SEC.2.