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Bio your diesel and pay a fine or go to jail

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Jets on biofuel

Biodiesel remnants/sludge

Couldn't believe this when I read it, but it's California so I'm not surprised. Stupid, stupid, stupid government pinheads. I don't run bio-diesel myself, but I'm more than happy to become a bio-diesel smuggler or bio-diesel kingpin. Say hello to my little friend...



Vegetable oil fuels cars -- and tax bills - Los Angeles Times

Vegetable oil fuels cars -- and tax bills

By Evan Halper, Los Angeles Times Staff Writer

May 6, 2008



Dave Eck, a Half Moon Bay mechanic, had attracted a media spotlight with his fleet of vehicles fueled by used fryer grease from a local chowder house. So when Sacramento called, he figured officials wanted advice on promoting alternative fuels.



Not at all. The government rang to notify Eck that he was a tax cheat. He was scolded for failing to get a "diesel fuel supplier's license," reporting quarterly how many gallons of grease he burns, and paying a tax on each gallon.



"All of a sudden they nailed me for a road tax," said Eck, who drives a Hummer converted to run on vegetable oil. "I said, 'Not a problem. I'll do my part. But what do I get? At least let me into the carpool lane. ' "



No such luck. The state offered Eck only a potentially large fine -- and not just for failing to pay taxes. He can also get in trouble for carting kitchen grease away from eateries without a license from the state Meat and Poultry Inspection Branch.



Or for not having at least $1 million in liability insurance, in case he spills some of the stuff. Or for not getting permission from the state Air Resources Board to burn fat in the first place.



The regulations are so burdensome that even Gov. Arnold Schwarzenegger, trying to set an example for Californians by driving a Hummer that burns cooking oil he buys at Costco, had not complied. Schwarzenegger, who has said that the exhaust from his Hummer smells so much like French fries that his passengers get hunger pangs, was unaware that he was required to send Sacramento an 18-cent road tax for every gallon of kitchen oil he burned, according to spokesman Aaron McLear. After The Times raised the issue, McLear said the governor would pay the taxes he owed.



The governor's staff says it is working on making it easier to drive using vegetable oil without being an outlaw.



"We are very interested in making sure people who have these kinds of vehicles are able to comply as easily as possible," McLear said.



But environmentalists are frustrated. "It is ridiculous that we live in what is presumed to be one of the greenest states in the nation, yet we have the most antiquated laws to deal with green energy," said Josh Tickell, an alternative-fuels advocate and filmmaker whose documentary "Fields of Fuel" recently won the audience award at the Sundance Film Festival.



"Everyone I know wants to do the right thing by the law," he said. "But the state is not set up to even clearly provide information to folks. "



The veggie oil crowd is hardly on the radical fringe anymore. Garages report being overwhelmed with conversion business, and restaurants throughout the Southland are contending with raids on their used-grease tanks.



Advocates say more than 250,000 Americans are running their vehicles on cooking oil, with the biggest concentration in California. Drivers do it for different reasons: to protect the environment, to reduce dependence on foreign oil or to save money. Those using vegetable oil say they do so for as little as $1 a gallon, even though grease yields better mileage than gasoline and about the same as diesel fuel.



Almost all of them are doing it underground. The state tax board has processed fewer than 70 of the required "fuel supplier" licenses, according to a spokeswoman. Most of those are for businesses selling commercial biodiesel, a more mainstream fuel that is typically mixed with as much as 80% petroleum.



State agencies say they have reasons for doing things the way they do. Tax authorities say biofuel drivers need to pay for using California's roads, just like everyone else, and there is no simple way to collect from those who don't go to the gas pumps, where road taxes are normally levied.



The meat and poultry agency is worried about toxic spills. Officials with the air board are troubled by kitchen-grease emissions, especially when spewed by vintage diesel Mercedes-Benzes, the make of choice for many vegetable oil converts.



Matthew Tiffany, a 26-year-old student and environmentalist in Monrovia, tried to help some 20 veggie oil drivers go legal and found the task nearly impossible.



Tiffany, who fills his 1981 diesel Mercedes with fryer grease from a neighborhood Japanese restaurant, launched a cooperative called Good Earth Grease Haulers. His mission was to bring veggie oil drivers into the mainstream.



But Good Earth Grease Haulers quickly collapsed, after Tiffany got tangled in red tape trying to help members comply with license requirements.



"They want us to follow all these rules that were set up to regulate people who transport hundreds of gallons a day," Tiffany said.



He recently appeared before a legislative committee to urge lawmakers to exempt veggie oil users from having to pay for a license after the Meat and Poultry Inspection Branch raised the cost from $75 to $300.



Assemblyman Doug LaMalfa (R-Richvale), a rice farmer who is handy with car engines, expressed bewilderment at the hoops Tiffany had to jump through to get permission to transport a few gallons of used fryer grease.



"Why do you even tell anyone you are taking it?" he asked.



Tiffany reminded the assemblyman that it was required by law.



Although most drivers burning kitchen oil have managed to evade enforcement -- government agencies say they have handed out few citations -- those who attract attention to themselves by promoting the alternative fuel tend to hear from regulators.



Craig Reece, owner of PlantDrive in Berkeley, which sells kits to convert diesel engines to run on vegetable oil, said he got a call from state officials about paying the road tax. He has since been sending the tax forms to all his customers, but he figures only a few are actually registering with the state and keeping logs of how much oil they burn.



"A lot of my customers think this fuel should be exempt from taxes," he said. "They feel they ought to get something for the climate-change-neutral aspect of it. "



Illinois, North Carolina, Texas, Rhode Island and Indiana have exempted drivers burning kitchen grease from paying such a tax. In North Carolina, the move came at the behest of a state senator who motors around in a small car powered by soybean oil. The legislator said it wasn't paying the taxes that bothered him so much as the hours required to do the paperwork.



Terry Tamminen, an advisor to Schwarzenegger on energy and environmental policy, acknowledged that California has been slow to adapt.



"When you go through a period of change, there is always a clunkiness to the bureaucracy," he said.



But he said the state should not overlook the value of alternative-fuel pioneers.



"Our mentality is to look for the next silver bullet" to replace petroleum, Tamminen said by telephone while driving a car fueled by compressed natural gas. "But there is no silver bullet, only buckshot. We are going to need every one of these silver buckshots to be developed as best it can. "
 
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This doesn't surprise me at all and is the reason I keep skipping over the bio urge. . yes I live in CA. One day I will move and never look back.
 
i dont see what the problem is with paying your share. you are going to use the roads, you should pay the taxes to maintain them like everyone else.

as for the liability insurance that is a bit excessive unless the company is doing bulk transport, which it sounds like it is moving more than the average guy as they reference his "fleet".

i admit it sounds like a PITA to do the paperwork but I don't think it should be a free-for-all like some folks want.
 
i dont see what the problem is with paying your share. you are going to use the roads, you should pay the taxes to maintain them like everyone else.

(snip)

i admit it sounds like a PITA to do the paperwork but I don't think it should be a free-for-all like some folks want.



Note that the article mentions that "Illinois, North Carolina, Texas, Rhode Island and Indiana have exempted drivers burning kitchen grease from paying such a tax". Are people in these states involved in a "free-for-all"? I don't buy the idea that "using the roads" legitimizes forcing people to pay a fuel tax. If I walk to the 7-11 and buy gasoline for my lawn mower, but don't own a vehicle or drive I am still paying the tax. A lot of times it's the compliance with regulations--paying the taxes, time spent filling out paperwork and giving the government a glimpse into your life that causes people to not do things like make their own biodiesel or start their own business. Like I said, I don't use bio-diesel but if I did and was making it, there is no way the government would even know it was happening.
 
sure you pay the road tax when you b uy taxed fuel for your mower. you can buy untaxed ag fuel for your mower, cant you? otherwise I am sure there is a way to get it back with the proper paperwork.

anyway, the vast majority of the fuel pumped at the local station is used for vehicles driving the roads, so it is taxed accordingly.

if you are going to drive you truck with untaxed fuel that is unfair to the rest of us that are paying to use the roads.


like i said before, its a PITA to do the paperwork and all that but it shouldnt be a free-for-all either. there needs to be rules and you need to pay to use the roads like everyone else.
 
if you are going to drive you truck with untaxed fuel that is unfair to the rest of us that are paying to use the roads.



There's a difference between paying to use the roads by willingly paying the tax on fuel you purchase and being taxed on something you produce with your own labor, and at your own cost. It's akin to the government taxing you on the vegetables you grow because our taxes subsidize farmers and your growing vegetables adversely affects people who buy them at the store and pay taxes. In fact, there was a case back in the 1940s where the federal government prosecuted a farmer named Roscoe Filburn for growing more than his quota of wheat. The feds claimed that his crop growing affected interstate commerce, even though the farmer was growing the excess for his own consumption:



Wickard v. Filburn - Wikipedia, the free encyclopedia

Filburn argued that since the excess wheat he produced was intended solely for home consumption it could not be regulated through the interstate commerce clause. The Supreme Court rejected this argument reasoning that if Filburn had not used home-grown wheat, he would have had to buy wheat on the open market. This effect on interstate commerce, the Court reasoned, may not be substantial from the actions of Filburn alone but through the cumulative actions of thousands of other farmers just like Filburn its effect would certainly become substantial. Therefore Congress could regulate wholly intrastate, non-commercial activity if such activity, viewed in the aggregate, would have a substantial effect on interstate commerce, even if the individual effects are trivial.​



That was specious reasoning then, and it is no different when it is applied to people producing their own bio-diesel. If people were selling it I'd agree with you to the extent that the taxes were owed to a state, though not the federal government. But it really torques my hiney when government sticks its face into things it has no business looking at.
 
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The Supreme Court rejected this argument reasoning that if Filburn had not used home-grown wheat, he would have had to buy wheat on the open market.
Well then. . Listen up all you DIY'ers, you are causing havoc with the open "service" market. The Supreme Court will have no more of that so put your tools away before you are prosecuted. :rolleyes: Dang Crunch, that bit of info was interesting.
 
Well if you have to have licenses to transport veg oil in California what about us out-of-staters passing thru? The last two times I drove to N. California I had 25-30 gallons in containers in the back of my truck, which I poured in my tank and burned in Cali before I drove home :rolleyes:
 
Well if you have to have licenses to transport veg oil in California what about us out-of-staters passing thru?

5-10 in Folsom, Vaughn. Sorry to have to give you the bad news... :-laf

Matt400 said:
Well then. . Listen up all you DIY'ers, you are causing havoc with the open "service" market. The Supreme Court will have no more of that so put your tools away before you are prosecuted.

The sad thing is that in truth, you're probably pretty close to the reality of the situation in terms of what could legally happen in the extreme. Using the same logic, the Supreme Court could stick it to all DIY'ers if contractors and vehicle repair shops claimed they are losing money because of us. They might let us off easy by only taxing us. Can you imagine having to get a contractor's or mechanic's permit (for $300, yearly expiration) to fix up your house or car? Or a tool tax levied on all tool purchases? Or watching the national news and see the feds raiding the local Home Depot and frog marching the employees in the tool coral out and charging them with racketeering and conspiracy to sell tools. California is the place to watch for it to start--just before it spreads across the country like cholera. Sheesh! I'm going to have nightmares trying to sleep tonight after thinking of this jive.
 
Tax,tax,tax.

A little off topic,but isn't it Oregon that wants to tax hybrids a surcharge because of their superior fuel economy. The state government says they are not paying their fair share of road taxes? You're damned if you do and damned if you don't. They want everybody into Smart cars eventually. :{
 
A little off topic,but isn't it Oregon that wants to tax hybrids a surcharge because of their superior fuel economy. The state government says they are not paying their fair share of road taxes? You're damned if you do and damned if you don't. They want everybody into Smart cars eventually.



I heard the plan Oregon was considering involved putting a transceiver on every car licensed in the state and charging them a tax based on how many miles they drive, with the cost of fuel adjusted at the pump when the transceiver in the car communicates with the pump (and the computers maintained by the state). Out of state drivers would probably be charged the highest amount. Same complaint about high fuel economy vehicles not paying their "fair share" of road taxes. Of course, those people take a greater risk of getting killed after hitting a small stationary object or squished by a truck than we do... :)
 
I heard the plan Oregon was considering involved putting a transceiver on every car licensed in the state and charging them a tax based on how many miles they drive, with the cost of fuel adjusted at the pump when the transceiver in the car communicates with the pump (and the computers maintained by the state). Out of state drivers would probably be charged the highest amount. Same complaint about high fuel economy vehicles not paying their "fair share" of road taxes. Of course, those people take a greater risk of getting killed after hitting a small stationary object or squished by a truck than we do... :)



They just brought up the thought that I was going to make and California was in ca-hoots with Oregon on this.

Also concider the Honda that is total Electric, not a high bred. how about the Tesla, total battery operated. The power company will get the proceeds from these vehicles go power. If you ride your bicycle on the pavement you are being green but paying no taxes for up keep of the road. [bike lane etc]
 
Interesting point about bikes being "green" and not paying road taxes.

I may even dare to go further and say bicycles are NOT green by as long shot... . How is this possible??... In VA bikes can "share" most roads that are not highways... . All too often though there is a lone biker on a winding country road (dressed like they are in the Tour De France... . So i will assume this is NOT being green by riding to work instead of taking the car but is merely exercising)... . OF course there is often the long line of cars being slowed down behind the cyclist not able to pass sometimes because of the road conditions... . Thus the cyclist is CAUSING many more people to pollute... . netting FAR MORE pollution than if he/she were NOT riding their bike and getting in the way of the autos / trucks... Hmmmm maybe the cyclist should be charged EXTRA for causing others to pollute more?

My personal take thou is that diesel is taxed waaaay too much... Red here runs $2. 99/ gal where as regular Diesel is about $4. 10 per gallon... .

Andrew
 
It doesnt make any difference what you burn in your vehicle. If you found a way to burn hay, they( the government thieves) will want some kind of tax to make up for lost revenue. Its all about the MONEY!!! Myself, I will actively do what I can to keep my vehicle running, legal or not. A POX on all politicians.
 
I recently heard from a guy at a local petroleum distributer that the government will soon address the issue of taxes on diesel. In USA, diesel is taxed at the federal level higher than gasoline, yet is the more efficient fuel, and in many cases the cleaner fuel, when run in new diesel engines. With the pending CO2 emission laws and the fuel economy standards recently signed into law, the auto manufacturers in USA will soon be turning to diesel as the way to meet the standards. A vehicle can get 30-40% better fuel economy and have comparable power with a diesel versus a gasoline engine. The diesel engine emits far less CO2 than the gasoline engine. Europe already taxes diesel at a lower rate than gasoline to encourage its use. Over half of the vehicles sold in Europe have diesel engines. This change is said to be coming to USA. It can't happen soon enough.

As for home made bio fuel, I think the above mentioned laws are stupid as are many of the "known to the state of California" laws. As also mentioned above, the bicycles are using the road, yet contributing NO tax. The plug in hybrids use very little, if any fuel and pay almost no tax. I don't think the people not paying road fuel tax do as much damage as the people who don't pay income tax, yet live off the services it provides.
 
California... Land of Fruit and Nuts

We are getting to the point that "freedom" is an illusion. . But on the up side Look at all the bureaucratic jobs that will be created!!
 
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