House File 347 - Introduced HOUSE FILE 347 BY R. TAYLOR A BILL FOR An Act providing for the display of information regarding the 1 content of biofuel in renewable fuels sold by retail dealers 2 of motor fuel, including advertising and decals affixed to 3 motor fuel pumps, making penalties applicable, and including 4 effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 2363YH (2) 87 da/nh

H.F. 347 Section 1. Section 214A.3, subsection 2, paragraph b, 1 subparagraph (1), Code 2017, is amended to read as follows: 2 (1) Ethanol blended gasoline sold by a dealer shall be 3 designated according to its classification as provided in 4 section 214A.2 . However, a person advertising E-9 or E-10 5 gasoline may only designate it as ethanol blended gasoline. A 6 person advertising ethanol blended gasoline formulated with a 7 percentage of between seventy and eighty-five percent by volume 8 of ethanol shall designate it as E-85. A person shall not 9 knowingly falsely advertise ethanol blended gasoline by using 10 an inaccurate designation in violation of this subparagraph. 11 Sec. 2. Section 214A.3, subsection 2, Code 2017, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . c. A person advertising a renewable fuel 14 described in paragraph “b” complies with this subsection by 15 using a classification or designation prescribed by the United 16 States environmental protection agency including as provided in 17 40 C.F.R. pt. 80 or prescribed by the federal trade commission 18 including as provided in 16 C.F.R. pt. 306. 19 Sec. 3. Section 214A.16, subsection 1, paragraphs b and c, 20 Code 2017, are amended to read as follows: 21 b. If the motor fuel pump dispenses ethanol blended gasoline 22 classified as E-11 to E-15 for use in gasoline-powered vehicles 23 not required to be flexible fuel vehicles, the motor fuel pump 24 shall have affixed a decal as prescribed by the United States 25 environmental protection agency , including as provided in 40 26 C.F.R. pt. 80 . 27 c. If the motor fuel pump dispenses ethanol blended gasoline 28 classified as higher than standard ethanol blended gasoline 29 pursuant to section 214A.2 , the decal shall contain the 30 following notice: for use in flexible fuel vehicles, the motor 31 fuel pump shall have affixed a decal identifying the ethanol 32 blended gasoline as prescribed by the federal trade commission, 33 including as provided in 16 C.F.R. pt. 306. 34 FOR FLEXIBLE FUEL VEHICLES ONLY. 35 -1- LSB 2363YH (2) 87 da/nh 1/ 3

H.F. 347 Sec. 4. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 1 immediate importance, takes effect upon enactment. 2 EXPLANATION 3 The inclusion of this explanation does not constitute agreement with 4 the explanation’s substance by the members of the general assembly. 5 GENERAL. This bill amends provisions which regulate 6 the display of information specifying the classification of 7 renewable fuel (ethanol blended gasoline, biobutanol blended 8 gasoline, or biodiesel fuel), including the percentage of 9 biofuels contained in the renewable fuel (e.g., designated as 10 E-10, E-15, or E-85), being sold by retail dealers. 11 ADVERTISING. The bill removes a provision which requires 12 that ethanol blended gasoline formulated with between 70 and 85 13 percent ethanol by volume be advertised as E-85. The bill also 14 provides that a retail dealer selling ethanol blended gasoline, 15 biobutanol blended gasoline, or biodiesel fuel may advertise 16 the fuel in compliance with regulations promulgated by the 17 United States environmental protection agency or the federal 18 trade commission. 19 LABELING. The bill eliminates a provision which requires 20 a motor fuel pump dispensing ethanol blended gasoline having 21 an ethanol content of higher than 15 percent be affixed with a 22 decal notifying consumers that the renewable fuel is for use in 23 flexible fuel vehicles (Code section 214A.16). Instead, the 24 decal must identify the ethanol blended gasoline as prescribed 25 by rules adopted by the United States federal trade commission. 26 FEDERAL LAW. The United States environmental protection 27 agency provides for the labeling of standard ethanol blended 28 gasoline containing from 10 to 15 percent ethanol (40 C.F.R. 29 pt. 80) for use in most motor vehicles and the federal trade 30 commission provides for the labeling of higher than standard 31 ethanol blended gasoline containing 16 or more percent ethanol 32 (16 C.F.R. pt. 306) exclusively for use in flexible fuel 33 vehicles. 34 APPLICABLE PENALTIES. A person who violates a provision 35 -2- LSB 2363YH (2) 87 da/nh 2/ 3

H.F. 347 of the bill is guilty of a serious misdemeanor or subject 1 to a civil penalty of between $100 and $1,000 (Code section 2 214A.11). 3 EFFECTIVE DATE. This bill takes effect upon enactment. 4 -3- LSB 2363YH (2) 87 da/nh 3/ 3