§ 5-22-5-8 — Purchase of mid-level blend fuel, E85, and blended biodiesel fuel by governmental bodies; exemptions

(a) This section does not apply to a political
subdivision, except a school corporation (as defined in IC 20-18-2-16(a)).
(b) As used in this section, "blended biodiesel" refers to a blend of
biodiesel with petroleum diesel so that the percentage of biodiesel in
the blend is at least two percent (2%) (B2 or greater). The term does
not include biodiesel (B100).
(c) As used in this section, "diesel fueled vehicle" refers to a vehicle
that is capable of using diesel to fuel its primary motor.
(d) As used in this section, "ethanol" means agriculturally derived
ethyl alcohol.
(e) As used in this section, "E85" has the meaning set forth in IC 6-6-1.1-103.
(f) As used in this section, "gasoline fueled vehicle" refers to a
vehicle that is capable of using gasoline to fuel its primary motor.
(g) As used in this section "mid-level blend fuel" means a fuel blend
consisting of:
(1) at least twenty percent (20%) but not more than seventy-three
percent (73%) ethanol; and
(2) gasoline as the balance.
(h) As used in this section, "vehicle" includes the following:
(1) An automobile.
(2) A truck.
(3) A tractor.
(i) Except as provided by subsections (k) and (l), a governmental
body shall whenever possible purchase mid-level blend fuel or E85 to
fuel the gasoline fueled vehicles owned or operated by the
governmental body.
(j) Except as provided by subsections (k) and (l), a governmental
body shall whenever possible purchase blended biodiesel fuel to fuel
the diesel fueled vehicles owned or operated by the governmental body.
(k) The following vehicles are exempt from the requirements of
subsections (i) and (j):
(1) A vehicle that is leased by the governmental body for thirty
(30) days or less.
(2) A vehicle that:
(A) is primarily powered by an electric motor; or
(B) can use only propane, compressed or liquified natural gas,
or methanol as its fuel source.
(l) The following vehicles are exempt from the requirements of
subsection (i) or (j), whichever is appropriate:
(1) A gasoline fueled vehicle in which the use of mid-level blend
fuel or E85 has not been approved by the manufacturer.
(2) A diesel fueled vehicle in which the use of blended biodiesel
fuel has not been approved by the manufacturer.
(3) A gasoline fueled vehicle in which the use of mid-level blend
fuel is prohibited by the federal Clean Air Act (42 U.S.C. 7401 et
seq.).

Legislative History

As added by P.L.274-2001, SEC.1. Amended by P.L.6-2005, SEC.1; P.L.148-2009, SEC.1; P.L.190-2014, SEC.10.