TO AMEND SECTION 12-63-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCENTIVE PAYMENTS FOR ALTERNATIVE FUEL PURCHASE AND PRODUCTION OF ELECTRICITY OR ENERGY FROM BIOMASS RESOURCES, SO AS TO EXTEND BY ONE YEAR THE INCENTIVE FOR ALTERNATIVE FUEL PURCHASES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 12-63-20(A)(1) of the 1976 Code, as last amended by Act 261 of 2008, is further amended to read:

"(1)    An incentive payment for an alternative fuel purchase is provided beginning after June 30, 2009, and ending before July 1, 2012 2013, and shall be provided from the general fund, excluding revenue derived from the sales and use tax as follows:

(a)    five cents to the retailer for each gallon of E70 fuel or greater sold, provided that the ethanol-based fuel is subject to the South Carolina motor fuel user fee;

(b)    twenty-five cents to the retailer for each gallon of pure biodiesel fuel sold so that the biodiesel in the blend is at least two percent B2 or greater, provided that the qualified biodiesel content fuel is subject to the South Carolina motor fuel user fee. Biodiesel fuel is a fuel for motor vehicle diesel engines comprised of vegetable oils or animal fats and meeting the specifications of the American Society of Testing and Materials (ASTM) D6751 or (ASTM) D975 blended stock; and

(c)    twenty-five cents to the retailer or wholesaler for each gallon of pure biodiesel fuel sold as dyed diesel fuel for 'off-road' uses, so that the biodiesel in the blend is at least two percent B2 or greater."

SECTION    2.    This act takes effect upon approval by the Governor.