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Federal and State Incentives and Laws

Tennessee Incentives and Laws

Listed below are the summaries of all current Tennessee incentives, laws, regulations, funding opportunities, and other initiatives related to alternative fuels and vehicles, advanced technologies, or air quality. You can go directly to summaries of:

State Incentives

Electric Vehicle (EV) Rebate

Through the state's participation in the EV Project, the Tennessee Department of Revenue (Department) offers a rebate of $2,500 on the first 1,000 qualified EVs purchased in Tennessee. The Department will administer the rebate program in cooperation with Nissan's automotive dealerships in the state. Customers will receive the rebate at the time they purchase their vehicle. For additional information, see the State of Tennessee Electric Vehicle Purchase Rebate description. (Reference Senate Bill 2090, 2011)

Biofuel Fueling Infrastructure Grants

The Tennessee Department of Transportation (TDOT) engages in public-private partnerships with transportation fuel providers to install biofuel fueling facilities. Fueling facilities include storage tanks and fuel pumps dedicated to dispensing E85 and biodiesel blends of 20% (B20). TDOT administers the Biofuel Green Island Corridor Grant Project (Project) to provide financial assistance for purchasing, preparing, and installing fuel storage tanks and fuel pumps for biofuels at private sector fuel stations. The goal of the Project is to help establish biofuel stations within 100 miles of each other along Tennessee's interstate system and major highways. (Reference Tennessee Code 54-1-136 and Executive Order 33, 2006)

Point of Contact
Linda Tidwell
Air Quality Projects Coordinator
Tennessee Department of Transportation
Phone: (615) 253-2860
Fax: (615) 532-8451
linda.tidwell@tn.gov
http://www.tdot.state.tn.us/biofuel/application.htm

Biofuel Innovations Grants

The Tennessee Department of Environment and Conservation administers a grant program to support local government and public university use of E85 and biodiesel blends of at least 20% (B20). Eligible projects include incremental fuel costs; engine maintenance; conversion or installation of infrastructure; and promotional materials.

Point of Contact
Greg Riggs
Grant Coordinator
Tennessee Department of Environment and Conservation
Phone: (615) 532-0567
greg.riggs@state.tn.us

Alternative Fuel Infrastructure Development Program

The Tennessee Department of Environment and Conservation provides funding for alternative fueling infrastructure improvements through the FastTrack Infrastructure Development Program. Private sector businesses may use funds to locate or expand fueling infrastructure in the state and to create or retain jobs for Tennesseans. Other restrictions may apply.

Biodiesel Production Incentive

The Tennessee Department of Revenue administers the biodiesel manufacturers' incentive fund, which provides Tennessee biodiesel producers with payments for biodiesel fuel produced and sold to Tennessee distributors. Each manufacturer may receive incentives for up to 10 million gallons of biodiesel produced annually. This incentive is available through June 30, 2013, and funding must be appropriated each year. (Reference Tennessee Code 67-3-103 and 67-3-423)

High Occupancy Vehicle (HOV) Lane Exemption

Vehicles that the U.S. Environmental Protection Agency defines as Inherently Low Emission Vehicles or Low Emission and Energy-Efficient Vehicles and have gross vehicle weight ratings of 26,000 pounds or less are permitted use of HOV lanes regardless of the number of occupants. Such vehicles must display a Tennessee Department of Revenue decal. (Reference Tennessee Code 55-8-188)

Utility/Private Incentives

Electric Vehicle Supply Equipment (EVSE) Incentive - ECOtality

Through the EV Project, ECOtality offers EVSE at no cost to individuals in the Nashville, Knoxville, Memphis, and Chattanooga metropolitan areas. To be eligible for free home charging stations, individuals living within the specified areas must purchase a qualified plug-in electric vehicle (PEV). Individuals purchasing an eligible PEV should apply at the dealership at the time of vehicle purchase. The EV Project incentive program will also cover most, if not all, of the costs of EVSE installation. All participants in the EV Project incentive program must agree to anonymous data collection after installation. Additional restrictions may apply.

Point of Contact
EV Project Contact Center
ECOtality
theevproject@ecotality.com

Laws and Regulations

Utility District Natural Gas Fueling Station Regulation

Utility districts may own and operate natural gas vehicle (NGV) fueling stations provided that the operation of the station is not franchised to another entity. This regulation does not prohibit private companies from owning or operating NGV fueling stations within a utility district service area. (Reference Tennessee Code 7-82-302)

Biofuel Blending Contract Regulation

Any provision in a contract between a fuel wholesaler and a refiner or supplier that limits or restricts the wholesaler's ability to blend petroleum products with ethanol or biodiesel is null and void. This regulation applies to contracts executed or renewed on or after January 1, 2010. (Reference Tennessee Code 47-25-2004)

Supply of Petroleum Products for Blending with Biofuels

Petroleum product refiners and suppliers must make all grades of gasoline and diesel fuel available to any wholesaler in a condition that allows for the fuel to be blended with ethanol or other biobased products and sold in Tennessee. In addition, gasoline products must be available with detergent additives in sufficient concentrations such that after the addition of ethanol, the final product meets or exceeds the lowest additive concentrations that the U.S. Environmental Protection Agency requires. (Reference Tennessee Code 47-25-20)

Biodiesel and Ethanol Definitions and Retail Requirements

Biodiesel blend stock must be at least 99% biodiesel (no more than 1% diesel fuel) and meet ASTM specification D6751. Biodiesel blends must meet ASTM specification D975. Biodiesel blends made available for public use at a retail location may not exceed 20% biodiesel (B20), and biodiesel blends containing more than 5% biodiesel (B5) must be labeled as a biodiesel blend at the pump.

Ethanol is defined as nominally anhydrous ethyl alcohol meeting ASTM specification D4806. Ethanol blends made available for public use at a retail location must be labeled accordingly (e.g., E85).

(Reference Rules of the Tennessee Department of Agriculture 0080-5-12-.01, 0080-5-12-.02, and 0080-5-12-.03)

Alternative Fuel and Fuel-Efficient Vehicle Acquisition and Use Requirements

The Tennessee Department of General Services must ensure that at least 25% of newly purchased passenger motor vehicles procured for use in areas designated as ozone nonattainment areas are hybrid electric vehicles (HEVs), provided that such vehicles are available at the time of procurement. If HEVs are not available, conventional gasoline vehicles achieving an average fuel economy of at least 25 miles per gallon (mpg) may satisfy the requirement. In areas not designated as ozone nonattainment areas, at least 25% of newly purchased passenger motor vehicles must be either HEVs or conventional gasoline vehicles achieving an average fuel economy of at least 25 mpg.

State fleets must make every effort to achieve the goal that 100% of newly purchased motor vehicles are energy-efficient vehicles. Energy-efficient vehicles are defined as passenger vehicles that are alternative fuel vehicles using alternative fuels, as defined by the Energy Policy Act of 1992; HEVs; conventional gasoline vehicles achieving an average fuel economy of at least 25 mpg; or vehicles powered by ultra-low sulfur diesel achieving an average fuel economy of at least 30 mpg. Additionally, state agencies should strive to use ethanol and biodiesel in appropriate state-owned vehicles whenever possible and should support the development of biofuels fueling infrastructure.

(Reference Tennessee Code 4-3-1109 and Executive Order 33, 2006)

Provision for Establishing an Alternative Fuel Research and Development Program

The Tennessee Department of Agriculture may develop and implement an alternative fuel research program to stimulate public and private research in fuel-related conversion technology. This research should address converting Tennessee agricultural products, such as soybeans, switchgrass, and other biomass, into alternative fuels, as well as the production capabilities needed to deliver such alternative fuels to consumers. (Reference Tennessee Code 54-1-136)

Energy Task Force

The Governor's Task Force on Energy Policy is developing a state energy plan to facilitate energy efficiency and the use of alternative and renewable fuels in Tennessee. The energy plan will include a summary of opportunities for the state government to use an energy-efficient approach in purchasing and managing the state vehicle fleet; prospective policies, legislation, and incentives to encourage energy efficiency; possible public-private partnerships to encourage research and development of clean energy technologies; and strategies for expanding the use of alternative and renewable fuels.(Reference Executive Order 54, 2008)

Biofuels Production Promotion

The state legislature supports the federal "25 x 25" initiative, under which 25% of the total energy consumed in the United States by 2025 would be produced from domestic agriculture. (Reference Senate Joint Resolution 728, 2008)

Biofuel Quality Specifications

The Tennessee Department of Agriculture may inspect and test biofuels under the Kerosene and Motor Fuels Quality Inspection Act of 1989. (Reference Tennessee Code 47-18-1306 and 54-1-136)

Liquefied Petroleum Gas (LPG) Liability Immunity

An individual or entity that supplies, handles, transports, or sells liquefied petroleum gas (LPG or propane) at a retail station is immune from civil liability if incorrect use of the propane equipment causes injury or damage. The propane provider must have exercised reasonable care of the equipment and taken reasonable steps to warn the customer of the hazards associated with misuse of the equipment. (Reference Tennessee Code 29-34-207)

Liquefied Gas Tax

A use tax of $0.14 per gallon is imposed on liquefied gas used for operating motor vehicles on public highways in addition to a pre-paid annual vehicle tax according to the following:

Maximum Gross Vehicle Weight RatingTax
Passenger Car$70
Non-Passenger Cars Up to 16,000 pounds (lbs.)$84
16,000 to 26,000 lbs.$100
Over 26,000 lbs.$114

Government agencies are exempt from the liquefied gas use tax. Liquefied gas is all combustible gas that exists in the gaseous state at 60 degrees Fahrenheit and at a pressure of 14.7 pounds per square inch, but does not include gasoline, diesel fuel, or compressed natural gas.

(Reference Tennessee Code 67-3-1101, 67-3-1102, 67-3-1103, and 67-3-1106)

Compressed Natural Gas (CNG) Tax and Permit

A use tax of $0.13 per gallon is imposed on CNG used for operating motor vehicles on public highways. For the purpose of determining the tax on CNG, a gallon equivalent factor of 5.66 pounds per gallon is used. A CNG vehicle user must apply for and obtain a CNG user's permit from the Tennessee Department of Revenue. Government agencies are exempt from this tax. (Reference Tennessee Code 67-3-1113 and 67-3-1114)

Low- and Medium-Speed Vehicle Access to Roadways

A low-speed vehicle is any four-wheeled electric vehicle, excluding golf carts, that achieves speeds of at least 20 miles per hour (mph) but not more than 25 mph. A medium-speed vehicle is any four-wheeled electric or gasoline vehicle that has a maximum speed of at least 30 mph but not more than 35 mph. Low- and medium-speed vehicles must comply with the safety standards in Title 49 of the Code of Federal Regulations, section 571.500. Low-speed vehicles may access roadways with speed limits of up to 35 mph. Medium-speed vehicles may access roadways with speed limits of up to 40 mph. Low- and medium-speed vehicles may cross an intersection where the road or street has a posted speed limit of more than 35 mph and 40 mph, respectively. (Reference Tennessee Code 55-8-101 and 55-8-191)