Legislative Service Commission
Sub. S.B. 131
128th General Assembly
(As Reported by H. Agriculture and Natural Resources)
In the provisions authorizing the Director of Administrative Services to determine that it is not possible for a biobased product to be purchased, removes the definition of "unreasonable price" in the Senate-passed version, and instead defines "unreasonable price" to mean either of the following:
(1) The price of the biobased product exceeds the price of a substantially equivalent nonbiobased product; or
(2) The price of the biobased product exceeds the fair market value of a substantially equivalent nonbiobased product.
Authorizes the Director to determine by rule a percentage that is up to 5% by which the price of a biobased product may exceed the price or fair market value of a substantially equivalent nonbiobased product without being considered an unreasonable price, and requires the Director, in doing so, to give consideration, rather than strong consideration as in the Senate-passed version, to the benefits of expanding the use of biobased products.
Removes the requirement that state institutions of higher education use procedures prescribed in rules adopted by the Director to give preference to and purchase biobased products in accordance with the biobased product preference program, and instead requires a state institution of higher education to purchase designated items under the program in accordance with procedures established by the institution.
Authorizes a state agency or state institution of higher education to purchase a nonbiobased product that is functionally capable of meeting a specific need of the agency or institution if none of the designated items under the program are capable of meeting that need, and states that such a purchase does not constitute failure to comply with the biobased product preference program or preclude the agency or institution from otherwise participating in the program.
Removes the Senate provision that authorizes the Director to enter into a pilot contract with a vendor of a biobased product that is determined by the Director to be the sole provider of the biobased product for the purpose of determining if the product is feasible for use by the state.
Revises and extends to taxable years 2010 and 2011 the income tax credit for retail service station dealers that sell and dispense E85 blend fuel or blended biodiesel through metered pumps.