Indiana E85 Laws and Incentives

State Incentives

Alternative Fuel Vehicle (AFV) Manufacturer Tax Credit

The Indiana Economic Development Corporation (IEDC) may award tax credits under the Hoosier AFV Manufacturer Tax Credit to foster job creation, reduce dependency on imported energy sources, and reduce air pollution resulting from the manufacture or assembly of AFVs in Indiana. AFV manufacturers are eligible for tax credits of up to 15% of the qualified investment for which the credit is claimed. Qualified investments include expenditures in the state that are reasonable and necessary for the manufacture or assembly of AFVs. For the purpose of this incentive, AFVs are defined as vehicles designed to operate on E85, natural gas, liquefied petroleum gas, hydrogen, coal-derived liquid fuels, non-alcohol fuels derived from biological material, P-Series fuels, or electricity. Applications for this incentive must be reviewed and approved by the IEDC. The credit applies to taxable years beginning after December 31, 2006, and before December 31, 2012. Unused credits may be carried forward for up to nine consecutive taxable years. (Reference Indiana Code 6-3.1-31.9)

E85 Fueling Station Grant Program

Through the E85 Fueling Station Grant Program administered by the Indiana State Department of Agriculture (ISDA), grants of up to $20,000 per location are available toward the purchase of new E85 fueling equipment or the conversion of existing equipment to allow for E85 fueling. Applications for this grant program must be reviewed and approved by the ISDA, and the total amount of grants awarded for all fiscal years may not exceed $1 million. (Reference Senate Bill 360, 2008, and Indiana Code 15-9-5)

E85 Storage Tank Cleaning Grants

Licensed fuel retailers in Indiana may be eligible for grants of up to $5,000 to be used for cleaning fuel storage tanks prior to introducing E85 into the storage tank. This grant program is offered by the Indiana Corn Marketing Council. Eligible licensed fuel retailers must be willing to commit to selling and actively promoting E85 for a minimum of two years.

Ethanol Production Tax Credit

An ethanol producer located in Indiana is entitled to a credit of $0.125 per gallon of ethanol produced, including cellulosic ethanol. Applications for this incentive must be reviewed and approved by the Indiana Economic Development Corporation. The amount of credits granted to a single taxpayer may not exceed the following amounts for all taxable years:

(Reference Indiana Code 6-3.1-28)

E85 Fuel Retailer Tax Credit

An E85 retailer is allowed to deduct $0.18 from the required state gross retail tax for every gallon of E85 sold during reporting periods ending before July 1, 2020. The Indiana Department of Revenue will publish an annual notice in the Indiana Register to indicate the total amount of funding available for reimbursement. (Reference Indiana Code 6-2.5-7-5 and 6-2.5-7-5.5)

E85 Fuel Use Tax Credit

A political subdivision, defined as a municipal corporation or special taxing district, is entitled to a monthly E85 incentive payment if at least 75% of the fuel purchased in the preceding calendar month by the political subdivision was E85 for use in flexible fuel vehicles (FFVs). The amount of the monthly payment is equal to $33.33 for each FFV owned by the political subdivision and only applies for FFVs that have been owned by the political subdivision for less than five calendar years. This credit expires January 1, 2015. (Reference Indiana Code 8-14-2-8)

Vehicle Research and Development Grants

The Indiana 21st Century Research and Technology Fund is administered by the Indiana Economic Development Corporation and provides grants and loans to support proposals for economic development in areas including alternative fuel technologies and fuel-efficient vehicle production. (Reference Indiana Code 5-28-16-2)

State Laws and Regulations

Regional Biofuels Promotion Plan

Indiana has joined Iowa, Kansas, Michigan, Minnesota, Ohio, South Dakota, and Wisconsin in adopting the Energy Security and Climate Stewardship Platform Plan (Platform) (PDF 2 MB), which establishes shared goals for the Midwest region, including increased biofuels production and use. Specifically, the Platform sets the following goals:

• Produce commercially available cellulosic ethanol and other low-carbon fuels in the region by 2012;
• Increase E85 availability at retail fueling stations in the region to 15% of stations by 2015, 20% by 2020, and 33% of all fueling stations in the region by 2025;
• Reduce the amount of fossil fuel that is used in the production of biofuels by 50% by 2025;
• By 2025, at least 50% of all transportation fuels consumed by the Midwest will be from regionally produced biofuels and other low-carbon transportation fuels.

The Platform also establishes a regional biofuels corridor program. The program directs state transportation, agriculture, and regulatory officials to develop a system of coordinated signage across the region for biofuels and advanced transportation fuels and to collaborate to create regional E85 corridors. The program requires standardized fuel product coding at fueling stations as well as increased education for retailers about converting existing fueling infrastructure to dispense E85. The state transportation, agriculture, and regulatory officials were required to report their corridor implementation plans to the Midwest Governors Association by April 1, 2008.

Biobased Products Purchase Requirement

A state governmental body or educational institution must purchase biobased products whenever possible, provided that biobased products are available and the purchase is economically feasible. Biobased products are defined as products produced from plant or animal sources that would otherwise be produced from petroleum-based sources. (Reference Indiana Code 5-22-5-9)

Immunity for Misuse of E85

E85 sellers, suppliers, distributors, manufacturers, and refiners are immune from civil liability for personal injury of property damage resulting from a person fueling any vehicle with E85 that is not a flexible fuel vehicle. This includes any vehicle equipped to operate when fueled entirely by E85. This immunity does not apply if an E85 seller, supplier, distributor, manufacturer, or refiner does not display all E85 warning signs required by federal or state law. (Reference Indiana Code 34-30-24)

E85 Promotion and Education

The Department of Agriculture is required to work with automobile manufacturers to improve auto dealer and consumer awareness and labeling of E85 fuel, and will work with the appropriate companies to include E85 fueling stations in updates of global positioning navigation software. (Reference Indiana Code 15-9-2-4)

E85 Retail Sales Reporting

A retailer who dispenses E85 must report to the Indiana Department of Revenue the total number of gallons of E85 sold from a metered pump as prescribed in Indiana Code 6-2.5-6. (Reference Indiana Code 6-2.5-7-5)

E85 and Ethanol Blend Definitions

E85 is a fuel blend nominally consisting of gasoline and at least 75% anhydrous ethyl alcohol by volume that meets ASTM specification D5798. A gasoline-ethanol blend is fuel that is blended from gasoline and nominally anhydrous ethyl alcohol and is suitable for use in spark-ignition internal combustion engines. Gasoline-ethanol blends must meet ASTM specification D4814. (Reference Indiana Code 6-6-1.1-103 and 16-44-2-8)

E85 Use

As part of the Indiana Greening the Government Initiative, all fleet vehicles based in Indianapolis that are capable of using E85 are directed to fuel with E85 at the designated City-State fueling site whenever possible. Use of other bio-based fuels and oils is also encouraged. (Reference Executive Order 05-21, 2005 (PDF 670KB)Download Adobe Reader

Biofuels Blend Use

Governmental entities are required to fuel diesel vehicles with biodiesel blends of at least 2% and fuel gasoline vehicles with ethanol blends of at least 10% whenever possible. (Reference Indiana Code 5-22-5-8)

Certified Technology Park Designation

The Indiana Economic Development Corporation may designate an area as a certified technology park if certain criteria are met, including a commitment from at least one business engaged in a high technology activity that creates a significant number of jobs. The establishment of high technology activities and public facilities within a technology park serves a public purpose and benefits general welfare by encouraging investment, job creation and retention, and economic growth and diversity. A High technology activity includes advanced vehicles technology, which is any technology that involves electric vehicles, hybrid electric vehicles, or alternative fuel vehicles, or components used in the construction of these vehicles. (Reference Indiana Code 36-7-32)

Alternative Fuel Vehicle (AFV) Decals

An individual may place alternative fuel into the fuel tank of a motor vehicle only if the vehicle has a valid alternative fuel decal affixed to the front windshield. Vehicle decals must be purchased annually for all heavy-duty AFVs and for light- and heavy-duty AFVs owned by public or private utilities. The cost of the decal varies according to vehicle type and gross vehicle weight. The annual fee may be prorated if the vehicle is newly purchased, registered in Indiana, or converted to operate using an alternative fuel. (Reference Indiana Code 6-6-2.1-203 through 6-6-2.1-206)