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Texas Biodiesel Laws and Incentives


State Incentives

Alternative Fuel School Bus Grants

The Adopt-A-School Bus Program, a cooperative partnership between the U.S. Environmental Protection Agency, state agencies, local elected officials, and corporate sponsors, was established as a nonprofit grant program to aid local school districts fleets to replace their aging, diesel school buses with new clean fuel buses. In an effort to ensure the longevity of the new buses, a portion of all grant money awarded is earmarked for fleet infrastructure and maintenance. For more information, please visit the Web sites for Dallas-Fort Worth and San Antonio/Alamo Area.

Clean Vehicle and Equipment Grants

The Texas Emissions Reduction Plan (TERP) provides grants for various types of clean air projects in 41 counties to improve air quality in the state's non-attainment areas. Grants are available to purchase, convert, or repower on- and off-road vehicles and equipment. For complete information on the types of projects and expenses that may be eligible for a grant, refer to the TERP Web site. (Reference Texas Statutes, Health and Safety Code 386)

Alternative Fuel Grants

The Texas Emissions Reduction Plan (TERP) provides grants for alternative fuel and advanced technology demonstration and infrastructure projects under the New Technology Research and Development (NTRD) Program, which provides incentives to encourage and support research, development, and commercialization of technologies that reduce pollution. For more information, see the NTRD Program Web site. The NTRD Program is administered by the Texas Environmental Research Consortium, with support from the Houston Advanced Research Center. (Reference Texas Statutes, Health and Safety Code 386)

Alternative Fuel Grant Assistance

The Texas State Energy Conservation Office researches and assists public and private entities in securing grants to encourage the use of alternative fuels, including conversion of state and local government fleets to operate on compressed natural gas, liquefied petroleum gas, hydrogen, biodiesel, and ethanol, and the use of hybrid electric vehicles.

State Laws and Regulations

Ethanol and Biodiesel Production Fee

Ethanol and biodiesel producers are subject to a fee of $0.032 per gallon of ethanol or biodiesel produced in each registered production facility, imposed by the Texas Department of Agriculture. For the purpose of this regulation, ethanol is defined as ethyl alcohol that is at least 99% pure ethanol by volume that meets ASTM specification D4806. Biodiesel is a monoalkyl ester derived from vegetable oils, rendered animal fats, or renewable lipids or a combination of those ingredients, and meets the requirements of ASTM PS 121, the provisional specification for biodiesel. (Reference Texas Statutes, Agriculture Code 16.001 and 16.005)

Alternative Fuel Vehicle (AFV) Program Support and Technician Training

The Texas State Energy Conservation Office's (SECO) Alternative Fuels Program provides administrative support for the U.S. Department of Energy's Clean Cities program and U.S. Environmental Protection Agency's Clean School Bus Program, grant writing training for public and private entities, and funding for training and certification program development to educate mechanics on the technical aspects of alternative fuel vehicles. SECO promotes the reduction of petroleum use through four technology areas: fuel blends, fuel economy, hybrid electric vehicles, and idle reduction. (Reference Texas Statutes, Government Code 2305.035)

Ethanol and Biodiesel Blend Tax Exemption

The biodiesel or ethanol portion of blended fuel containing taxable diesel is exempt from the diesel fuel tax. The biodiesel or ethanol fuel blend must be clearly identified on the retail pump, storage tank, and sales invoice in order to be eligible for the exemption. (Reference Texas Statutes, Tax Code 162.204)

Utilities/Private Incentives

Alternative Fuel Vehicle (AFV) Grants - Houston-Galveston

Congestion Mitigation and Air Quality (CMAQ) Program Grants are available through the Houston-Galveston Area Council, via the Greater Houston Clean Cities Coalition, for up to 75% of the incremental cost for purchasing new original equipment manufactured clean fuel vehicles, clean fuel vehicle conversions/repowers, or establishing publicly accessible alternative fueling infrastructure. This grant is for government and private entities in the eight-county Houston-Galveston non-attainment area.