# Ind. Code § 5-22-5-8: Purchase of mid-level blend fuel, E85, and blended biodiesel fuel by governmental bodies; exemptions

> Indiana · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_IN_T5_A22_C5_S5-22-5-8

## Section

- **Citation:** Ind. Code § 5-22-5-8
- **Heading:** Purchase of mid-level blend fuel, E85, and blended biodiesel fuel by governmental bodies; exemptions
- **Jurisdiction:** Indiana
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Indiana Code / Title 5 / Article 22 / Chapter 5 / Section 5-22-5-8

## Text

Sec. 8. (a) This section does not apply to a political subdivision, except a school corporation (as defined in IC 20-18-2-16(a)).

(b) As used in this section, "blended biodiesel" refers to a blend of biodiesel with petroleum diesel so that the percentage of biodiesel in the blend is at least two percent (2%) (B2 or greater). The term does not include biodiesel (B100).

(c) As used in this section, "diesel fueled vehicle" refers to a vehicle that is capable of using diesel to fuel its primary motor.

(d) As used in this section, "ethanol" means agriculturally derived ethyl alcohol.

(e) As used in this section, "E85" has the meaning set forth in IC 6-6-1.1-103.

(f) As used in this section, "gasoline fueled vehicle" refers to a vehicle that is capable of using gasoline to fuel its primary motor.

(g) As used in this section "mid-level blend fuel" means a fuel blend consisting of:

(1) at least twenty percent (20%) but not more than seventy-three percent (73%) ethanol; and

(2) gasoline as the balance.

(h) As used in this section, "vehicle" includes the following:

(1) An automobile.

(2) A truck.

(3) A tractor.

(i) Except as provided by subsections (k) and (l), a governmental body shall whenever possible purchase mid-level blend fuel or E85 to fuel the gasoline fueled vehicles owned or operated by the governmental body.

(j) Except as provided by subsections (k) and (l), a governmental body shall whenever possible purchase blended biodiesel fuel to fuel the diesel fueled vehicles owned or operated by the governmental body.

(k) The following vehicles are exempt from the requirements of subsections (i) and (j):

(1) A vehicle that is leased by the governmental body for thirty (30) days or less.

(2) A vehicle that:

(A) is primarily powered by an electric motor; or

(B) can use only propane, compressed or liquified natural gas, or methanol as its fuel source.

(l) The following vehicles are exempt from the requirements of subsection (i) or (j), whichever is appropriate:

(1) A gasoline fueled vehicle in which the use of mid-level blend fuel or E85 has not been approved by the manufacturer.

(2) A diesel fueled vehicle in which the use of blended biodiesel fuel has not been approved by the manufacturer.

(3) A gasoline fueled vehicle in which the use of mid-level blend fuel is prohibited by the federal Clean Air Act (42 U.S.C. 7401 et seq.).

As added by P.L.274-2001, SEC.1. Amended by P.L.6-2005, SEC.1; P.L.148-2009, SEC.1; P.L.190-2014, SEC.10.

## Nearby sections

- [Ind. Code § 5-22-5-1 Rules; policies](https://www.frixlaw.com/law-library/statutes/STATE_IN_T5_A22_C5_S5-22-5-1.md)
- [Ind. Code § 5-22-5-2 Duties of purchasing agents](https://www.frixlaw.com/law-library/statutes/STATE_IN_T5_A22_C5_S5-22-5-2.md)
- [Ind. Code § 5-22-5-3 Purposes of specifications](https://www.frixlaw.com/law-library/statutes/STATE_IN_T5_A22_C5_S5-22-5-3.md)
- [Ind. Code § 5-22-5-4 Indexed file of specifications](https://www.frixlaw.com/law-library/statutes/STATE_IN_T5_A22_C5_S5-22-5-4.md)
- [Ind. Code § 5-22-5-5 Request for specifications](https://www.frixlaw.com/law-library/statutes/STATE_IN_T5_A22_C5_S5-22-5-5.md)
- [Ind. Code § 5-22-5-6 Purchase of degradable and disposable plastic products](https://www.frixlaw.com/law-library/statutes/STATE_IN_T5_A22_C5_S5-22-5-6.md)
- [Ind. Code § 5-22-5-7 Purchase of recycled paper products](https://www.frixlaw.com/law-library/statutes/STATE_IN_T5_A22_C5_S5-22-5-7.md)
- [Ind. Code § 5-22-5-8 Purchase of mid-level blend fuel, E85, and blended biodiesel fuel by governmental bodies; exemptions](https://www.frixlaw.com/law-library/statutes/STATE_IN_T5_A22_C5_S5-22-5-8.md)
- [Ind. Code § 5-22-5-8.5 Purchase of vehicles; requirements; exceptions](https://www.frixlaw.com/law-library/statutes/STATE_IN_T5_A22_C5_S5-22-5-8.5.md)
- [Ind. Code § 5-22-5-9 Purchases of biobased products](https://www.frixlaw.com/law-library/statutes/STATE_IN_T5_A22_C5_S5-22-5-9.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_IN_T5_A22_C5_S5-22-5-8. Check the current official text before relying on it. Not legal advice.