READ FIRST TIME 02/07/03.   

     AN ACT Relating to a biodiesel pilot project; adding new sections to chapter 28A.160 RCW; creating a new section; and providing an expiration date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 28A.160 RCW to read as follows:
     The legislature recognizes that:
     (1) The use of motor vehicles has a significant impact on the environment and public health of the state of Washington. Motor vehicles account for more than half of all air pollutants, almost sixty percent of total carbon dioxide emissions, and a significant portion of toxic contaminants in Washington state;
     (2) Diesel exhaust, in particular, is likely to cause lung cancer in humans, chronic and acute bronchitis, asthma attacks, and respiratory illnesses. Children are particularly at risk. One out of every ten children in our state suffers from asthma. Over four hundred thousand students in the state risk their health breathing exhaust from riding diesel-powered buses to school every day;
     (3) Although stringent standards established by the United States environmental protection agency for new diesel engine technology will take effect with the 2007 model year, a significant majority of diesel-powered school buses now in use in the state will continue to be used for the next thirteen or more years;
     (4) Using biodiesel in place of, or blended with, petroleum diesel reduces emissions of carbon monoxide, hydrocarbon, particulates, and air toxics from new or existing diesel engines;
     (5) Using ultra low sulfur diesel, along with after-market emissions control devices, significantly reduces fine-particle, hydrocarbon, and nitrogen oxide emissions from existing diesel engines;
     (6) The United States environmental protection agency's new emission standards requiring the use of ultra low sulfur diesel take effect June 1, 2006, and ultra low sulfur diesel requires the addition of a lubricant to counteract premature wear of injection pumps;
     (7) Biodiesel provides the needed lubricity to ultra low sulfur diesel, in addition to reducing harmful emissions;
     (8) It is the intent of the legislature to study the effects of using ultra low sulfur diesel with biodiesel.

NEW SECTION.  Sec. 2   A new section is added to chapter 28A.160 RCW to read as follows:
     The superintendent of public instruction shall conduct a pilot project on the use of biodiesel with ultra low sulfur diesel in school buses powered by compression-ignition engines. The pilot project must begin in September of 2003.
     (1) The superintendent of public instruction shall select two school districts to participate in the project. School districts located in a geographic area listed by the environmental protection agency as an area of concern for pollution emissions must receive first consideration for the project.
     (2) The pilot project shall meet the following requirements:
     (a) During the 2003 school year, at least one of the participating school districts shall have at least twenty-five percent of the school bus fleet, or a total of not less than ten buses, fueled with ultra low sulfur diesel. Emissions testing must be conducted before using ultra low sulfur diesel, and again after ultra low sulfur diesel has been in use for at least six months.
     (b) During the 2004 school year, not less than seventy percent, or a total of not less than seven, of the buses fueled with ultra low sulfur diesel during the 2003 school year must be fueled with a blend of eighty percent ultra low sulfur diesel, by volume, and twenty percent biodiesel, by volume. Emissions testing must be conducted not less than six months after adding biodiesel to the ultra low sulfur diesel.
     (c) A maximum of one of the participating school districts may, for the duration of the project, use a blend of twenty percent biodiesel, by volume, with eighty percent highway diesel, by volume, in at least seventy-five percent of the school bus fleet, or a total of not less than ten buses. Emissions testing must be conducted before use of the biodiesel blend, again not less than six months after the biodiesel blend has been is use, and again at the conclusion of the project.
     (d) Issues related to the maintenance, including but not limited to fuel economy, changes in fuel filters, and other maintenance issues related to the use of ultra low sulfur diesel and biodiesel must be recorded.
     (3) The superintendent of public instruction shall submit a report of findings to the legislature by September 1, 2005.

NEW SECTION.  Sec. 3   A new section is added to chapter 28A.160 RCW to read as follows:
     The definitions in this section apply throughout sections 1 and 2 of this act unless the context clearly requires otherwise.
     (1) "Biodiesel" means a mono alkyl ester of long chain fatty acids derived from vegetable oils or animal fats for use in compression-ignition engines and that meets the requirements of the American society of testing and materials specification D 6751 in effect as of January 1, 2003.
     (2) "Ultra low sulfur diesel" means petroleum diesel in which the sulfur content is not more than thirty parts per million.
     (3) "Highway diesel" means petroleum diesel in which the sulfur content is not more than five hundred parts per million.

NEW SECTION.  Sec. 4   It is the intent of the legislature that implementation of this pilot project will not produce a significant financial burden on participating school districts or the state. The legislature calls upon the superintendent of public instruction, the office of community, trade, and economic development, and the department of ecology to explore alternative means of funding this pilot project including the use of state or federal grants but excluding the use of money from the state general fund. In the event of the inability of the participating school districts to fund this project, either from their own operating budget, grants, or other local funding or a combination thereof, the implementation of this act shall be dependent on securing funds that are not from the state general fund.

NEW SECTION.  Sec. 5   Sections 1 through 4 of this act expire September 1, 2005.