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Idaho Biodiesel Laws and Incentives


State Incentives

Biofuel Fueling Infrastructure Tax Credit

Qualified biofuel fueling infrastructure is eligible for a credit of up to 6% of the qualified investment against the corporate income tax. The allowable credit cannot exceed 50% of the taxpayer's income tax liability. For the purpose of this incentive, biofuel is defined as any fuel offered for sale as a transportation fuel that is agriculturally derived and meets applicable ASTM standards including, but not limited to, ethanol, ethanol blended fuels, biodiesel, and biodiesel blended fuels. This incentive expires December 31, 2011. (Reference Idaho Statutes 63-3029M)

Exemptions for Biodiesel Production for Personal Use

A biodiesel producer that generates up to 5,000 gallons of biodiesel fuel in a calendar year for personal consumption is exempt from the $0.01 per gallon petroleum transfer fee and the requirement to obtain an Idaho motor fuel distributor's license. (Reference House Bill 9, 2009, and Idaho Statutes 63-2421 and 63-2427A)

State Laws and Regulations

Biofuel Fueling Infrastructure Grant Fund

The Rural Idaho Economic Development Biofuel Infrastructure Matching Grant Fund (Fund) is established to provide grants for up to 50% of the cost of installing new fueling infrastructure dedicated to offering biofuels for retail sale, or for upgrading existing fueling infrastructure in order to be compatible with biofuels for the purpose of offering biofuels for sale. The Fund will be administered by the Energy Division of the Department of Water Resources and expires on July 1, 2012. (Reference Idaho Statutes 42-1806)

Biodiesel Definitions

Biodiesel is defined as any fuel that is derived in whole or in part from agricultural products and is suitable for use in diesel engines. A biodiesel blend is defined as any fuel produced by blending biodiesel with petroleum-based diesel to produce a fuel suitable for use in diesel engines. (Reference Idaho Statutes 63-2401)

Alternative Fuels Tax

The motor fuel tax rate of $0.25 per gallon does not apply to special fuels dispensed into a motor vehicle that uses gaseous special fuels and displays a valid gaseous special fuels permit. Special fuels include compressed and liquefied natural gas, liquefied petroleum gas, hydrogen, and fuel suitable for use in diesel engines. The state excise tax on special fuels, determined on a gasoline gallon equivalent basis, still applies. Alternatively, an annual fee in lieu of the excise tax may be collected on a vehicle powered by gaseous special fuels, according to the gross vehicle weight rating of the vehicle. State government agencies are entitled to a refund of any special fuels tax paid to the vendor from which the fuel was purchased. No refund of special fuels tax shall be paid on special fuels used by a registered motor vehicle while idling. Idling means a period of time greater than 15 minutes when the motor vehicle is stationary with the engine operating. (Reference Idaho Statutes 63-2401, 63-2402, 63-2423, and 63-2424)