Bergeson & Campbell, P.C. (B&C®) is a Washington, D.C., law firm providing biobased and renewable chemical product stakeholders unparalleled experience, judgment, and excellence in bringing innovative products to market.

On April 1, 2015, the Governor of Ohio, John Kasich (R), signed the 2016-2017 Transportation Budget Bill (Sub. H.B. 53). The state transportation budget does not include a requirement on alternative fuel use in the state vehicle fleet, a requirement that had been in place since 2006. Ohio Department of Transportation's Matt Bruning stated that the requirement mandated the state increase the amount of alternative fuels each year with no cap in place, resulting in higher costs for the state, especially with the recent decrease in prices for traditional petroleum-based fuels. "It's not that we don't like alternative fuels -- it's just a cost thing, really," stated Bruning to WOSU Public Media. The loss of the biofuels mandate in Ohio will only impact fuels used by state vehicle fleets.


 

On October 29, 2014, Virginia Governor Terry McAuliffe (D) announced that Appalachian Biofuels LLC will invest about $3.5 million to establish its headquarters and an enzymatic biodiesel production facility in St. Paul, Virginia. The location is expected to create 40 jobs, which will be filled by former coal miners from the town of St. Paul and surrounding areas. Appalachian Biofuels will be refining waste feedstock materials with an enzyme to create biodiesel. The two organizations mainly responsible for offering financial incentives for Appalachian Biofuels to settle in Virginia are the Governor's Opportunity Fund, which provided a $200,000 grant, and the Virginia Tobacco Indemnification and Community Revitalization Commission, which provided a $210,000 grant.


 

During the next state legislative session, which begins in January, Iowa's Economic Development Agency will reportedly seek approximately $20 million in new incentives for companies that use chemicals derived from ethanol production to produce biobased products. The Agency reportedly believes sufficient incentives exist to promote biofuel development in Iowa. This new incentive would be needed to help further the biobased economy in the State. More information on this effort is available in The Des Moines Register news story "Biochem Tax Credit Pitched By Economic Agency."


 

On May 21, 2014, Iowa Governor Terry Branstad (R) signed into law Senate Bill 2344, legislation to help promote the biofuels industry in the State. A copy of the legislation is available online. It extends the biodiesel production tax credit that was scheduled to expire at the end of 2014, enhances Iowa's E-15 retailer tax credit, and adds biobutanol as a renewable fuel option. This law reinforces Iowa's ongoing support for the biofuels industry.


 

On March 17, 2014, the Minnesota House of Representatives adopted the report of the Committee on Agriculture Policy as amended on H.F. No. 2456. The report has been re-referred to the Minnesota House of Representatives Committee on Environment, Natural Resources and Agriculture Finance. H.F. 2456 would create renewable chemical and advanced biofuel capital equipment loans for qualifying Minnesota renewable chemical and advanced biofuels producers. A copy of the report as amended is available online.


 

On January 28, 2014, the pro-safer chemicals coalition Safer States released a report in which it found that "at least 33 states are considering policies [to enhance chemical safety]. Some would change disclosure rules for manufacturers, so that concerned consumers will know what chemicals are in their products. Some would phase out the use of chemicals like bisphenol A, formaldehyde and toxic flame retardants." The report is available online.


There is increased momentum for chemical safety legislation in the wake of the January 9, 2014, chemical spill in West Virginia. Several bills have also been introduced at the federal level to increase chemical safety and security. In particular, the Chemical Safety and Drinking Water Protection Act of 2014 was introduced this week (see above). The bill will strengthen states' ability to prevent chemical spills. Additionally, the Chemical Safety Improvement Act (CSIA) was introduced last year to reform TSCA. CSIA has been criticized for having weak state preemption provisions. B&C has issued a summary of both bills, which are available here and here.
 


 
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