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An Act To Adjust Fuel Taxes To Improve Sustainability
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 36 MRSA §2903, sub-§1, as amended by PL 2011, c. 240, §24, is further amended to read:
 
1. Excise tax imposed.  Beginning July 1, 2008 and ending June 30, 2009, anAn excise tax is imposed on internal combustion engine fuel used or sold in this State, including sales to the State or a political subdivision of the State, at the rate of 28.4¢ per gallon, except that the rate is 3.4¢ per gallon on internal combustion engine fuel bought or used for the purpose of propelling jet or turbojet engine aircraftas follows. Beginning July 1, 2009, an excise tax is imposed on internal combustion engine fuel used or sold in this State, including sales to the State or a political subdivision of the State, at the rate of 29.5¢ per gallon, except that the rate is 3.4¢ per gallon on internal combustion engine fuel bought or used for the purpose of propelling jet engine aircraft. The tax rate provided by this subsection except the rate of tax imposed on fuel bought or used for the purpose of propelling jet engine aircraft is subject to an annual inflation adjustment pursuant to section 3321. Any fuel containing at least 10% internal combustion engine fuel is subject to the tax imposed by this section.
 
D.  Except as provided in paragraph E, the tax is the sum of:
 
(1) Fifteen cents per gallon; and
 
(2) Five percent of the retail value of the internal combustion fuel.
 
E.  The tax is 3.4¢ per gallon on internal combustion engine fuel bought or used for the purpose of propelling jet engine aircraft.
Sec. 2. 36 MRSA §3203, sub-§1-B, as amended by PL 2011, c. 240, §25, is further amended to read:
 
1-B. Generally; rates.   Except as provided in section 3204-A, beginning July 1, 2008 and ending June 30, 2009, an excise tax is levied and imposed on all suppliers of distillates sold, on all retailers of low-energy fuel sold and on all users of special fuel used in this State for each gallon of distillate at the rate of 29.6¢ per gallon. Beginning July 1, 2009, an excise tax is levied and imposed on all suppliers of distillates sold, on all retailers of low-energy fuel sold and on all users of special fuel used in this State for each gallon of distillate at the rate of 30.7¢15.6¢ per gallon plus 5% of the retail value of that gallon. Tax rates for each gallon of low-energy fuel are based on the British Thermal Unit, referred to in this subsection as "BTU," energy content for each fuel as based on gasoline gallon equivalents or the comparable measure for distillates. The gasoline gallon equivalent is the amount of alternative fuel that equals the BTU energy content of one gallon of gasoline. In the case of distillates, the tax rate provided by this section is subject to annual inflation adjustment pursuant to section 3321. For purposes of this subsection, "base rate" means the rate in effect for gasoline or diesel on July 1st of each year as indexed under section 3321. A biodiesel blend containing less than 90% biodiesel fuel is subject to the rate of tax imposed on diesel.
 
A. This paragraph establishes the applicable BTU values and tax rates based on gasoline gallon equivalents.
 
B. This paragraph establishes the applicable BTU values and tax rates based on distillate gallon equivalents.
 
C. The conversion factors established in this paragraph must be used in converting to gasoline gallon equivalents.
 
(1) For compressed natural gas, BTUs per 100 standard cubic feet is 93,000, and there are 123.66 standard cubic feet per gasoline gallon equivalent.
 
(2) For hydrogen, BTUs per 100 standard cubic feet is 27,000, and there are 425.93 standard cubic feet per gasoline gallon equivalent.
 
(3) For hydrogen compressed natural gas, BTUs per 100 standard cubic feet is 79,800, and there are 144.11 standard cubic feet per gasoline gallon equivalent.
Sec. 3. Effective date. This Act takes effect October 1, 2013.
 
SUMMARY
This bill changes the excise tax on gasoline, distillates and low-energy fuel from a fixed amount per gallon to a formula that includes a fixed amount per gallon plus 5% of the retail value of that gallon.