(1) Effective June 1, 2006, for agencies complying with the ultra-low sulfur diesel mandate of the United States environmental protection agency for on-highway diesel fuel, agencies shall use biodiesel as an additive to ultra-low sulfur diesel for lubricity, provided that the use of a lubricity additive is warranted and that the use of biodiesel is comparable in performance and cost with other available lubricity additives. The amount of biodiesel added to the ultra-low sulfur diesel fuel shall be not less than two percent. (2) Except as provided in subsection (5) of this section, effective June 1, 2009, state agencies are required to use a minimum of 20 percent biodiesel as compared to total volume of all diesel purchases made by the agencies for the operation of the agencies' diesel-powered vessels, vehicles, and construction equipment. (3) All state agencies using biodiesel fuel shall, beginning on July 1, 2016, file annual reports with the department of enterprise services documenting the use of the fuel and a description of how any problems encountered were resolved. (4) By December 1, 2009, the department of enterprise services shall: (a) Report to the legislature on the average true price differential for biodiesel by blend and location; and (b) Examine alternative fuel procurement methods that work to address potential market barriers for in-state biodiesel producers and report these findings to the legislature. (5) During the 2021-2023 and 2023-2025 fiscal biennia, the Washington state ferries is required to use a minimum of five percent biodiesel as compared to total volume of all diesel purchases made by the Washington state ferries for the operation of the Washington state ferries diesel-powered vessels, as long as the price of a B5 or B10 biodiesel blend does not exceed the price of conventional diesel fuel by five percent or more. [ 2023 c 472 s 703; 2021 c 333 s 703; 2019 c 416 s 703; 2017 c 313 s 703; 2016 c 197 s 2; 2015 1st sp.s. c 10 s 701; 2013 c 306 s 701; 2012 c 86 s 802; 2010 c 247 s 701; 2009 c 470 s 716; 2007 c 348 s 201; 2006 c 338 s 10; 2003 c 17 s 2.]
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