§ 77-7018 — Terms, defined

For purposes of the Sustainable Aviation Fuel Tax Credit Act:
(1) Applicable material means:
(a) Monoglycerides, diglycerides, and triglycerides;
(b) Free fatty acids; and
(c) Fatty acid esters;
(2) Applicable supplementary amount means an amount equal to one cent for each percentage point by which the lifecycle greenhouse gas emissions reduction percentage of the sustainable aviation fuel exceeds fifty percent. In no event shall the applicable supplementary amount determined under this subdivision exceed fifty cents;
(3) Biomass has the same meaning as in 26 U.S.C. 45K(c)(3), as such section existed on January 1, 2024;
(4) Department means the Department of Revenue;
(5) Lifecycle greenhouse gas emissions reduction percentage means the percentage reduction in lifecycle greenhouse gas emissions achieved by sustainable aviation fuel as compared with petroleum-based jet fuel, as defined in accordance with:
(a) The most recent Carbon Offsetting and Reduction Scheme for International Aviation which has been adopted by the International Civil Aviation Organization with the agreement of the United States; or
(b) Any similar methodology which satisfies the criteria under 42 U.S.C. 7545(o)(1)(H), as such section existed on January 1, 2024;
(6) Qualified mixture means a mixture of sustainable aviation fuel and kerosene if:
(a) Such mixture is produced by the taxpayer in the United States;
(b) Such mixture is used by the taxpayer or sold by the taxpayer for use in an aircraft;
(c) Such sale or use is in the ordinary course of a trade or business of the taxpayer; and
(d) The transfer of such mixture to the fuel tank of such aircraft occurs in the United States; and
(7) Sustainable aviation fuel means liquid fuel, the portion of which is not kerosene, which:
(a) Meets the requirements of:
(i) The American Society for Testing and Materials International Standard D7566; or
(ii) The Fischer-Tropsch provisions of the American Society for Testing and Materials International Standard D1655, Annex A1;
(b) Is not derived from coprocessing an applicable material or materials derived from an applicable material with a feedstock which is not biomass;
(c) Is not derived from palm or palm derivatives; and
(d) Has been certified as having a lifecycle greenhouse gas emissions reduction percentage of at least fifty percent, as determined by a test that shows that:
(i) The fuel production pathway achieves at least a fifty percent reduction of the aggregate attributional core lifecycle emissions and the positive induced land use change values under the lifecycle methodology for sustainable aviation fuels adopted by the International Civil Aviation Organization with the agreement of the United States; or
(ii) The fuel production pathway achieves at least a fifty percent reduction of the aggregate attributional core lifecycle greenhouse gas emissions values utilizing the most recent version of Argonne National Laboratory's GREET model, inclusive of agricultural practices and carbon capture and sequestration.

Legislative History

Source: Laws 2024, LB937, § 51. Termination Date: January 1, 2035