Text: H01832 Text: H01834 Text: H01800 - H01899 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the Senate amendment, H-1762, to House File 1 2 746, as amended, passed and reprinted by the House, as 1 3 follows: 1 4 #1. Page 3, by inserting after line 2 the 1 5 following: 1 6 "# . Page 18, by inserting after line 31 the 1 7 following: 1 8 "Sec. . Section 214A.1, Code 1999, is amended 1 9 to read as follows: 1 10 214A.1 DEFINITIONS. 1 11 The following definitions shall apply to the 1 12 various terms used in this chapter: 1 13 1. "A.S.T.M." means the American society for 1 14 testing and materials. 1 152. "Motor vehicle fuel" means a substance or1 16combination of substances which is intended to be or1 17is capable of being used for the purpose of propelling1 18or running by combustion any internal combustion1 19engine and is kept for sale or sold for that purpose.1 20The products commonly known as kerosene and distillate1 21or petroleum products of lower gravity (Baume scale),1 22when not used to propel a motor vehicle or for1 23compounding or combining with a motor vehicle fuel,1 24are exempt from this chapter except as provided in1 25section 214A.2A.1 26 2. "Dealer" means a retail dealer or a wholesale 1 27 dealer. 1 28 3. "Dispense" means to do any of the following: 1 29 a. Sell motor vehicle fuel on a retail basis. 1 30 b. Place motor vehicle fuel in the fuel tank of a 1 31 motor vehicle or small engine for the operation of 1 32 that motor vehicle or small engine. 1 33 c. Place motor vehicle fuel in or remove motor 1 34 vehicle fuel from a motor vehicle fuel container, 1 35 including for storage in a motor vehicle fuel storage 1 36 tank or transfer by motor vehicle storage tank piping. 1 37 4. "Fiberglass motor vehicle fuel storage tank" or 1 38 "fiberglass storage tank" means a motor vehicle fuel 1 39 storage tank that is fiberglass or fiberglass lined 1 40 when manufactured. 1 41 5. "Gasoline" means a motor vehicle fuel which is 1 42 not any of the following: 1 43 a. Diesel fuel. 1 44 b. Aviation gasoline or special fuel as defined in 1 45 section 452A.2. 1 46 6. "Gasoline station" means the location of a 1 47 profit or nonprofit business where gasoline is 1 48 dispensed by a retail dealer. 1 49 7. "Motor vehicle" means a self-propelled vehicle 1 50 that operates using gasoline, including but not 2 1 limited to any of the following: 2 2 a. An automobile as defined in section 321.1. 2 3 b. A motor truck as defined in section 321.1. 2 4 c. A motor bus as used in section 452A.57. 2 5 d. A motorcycle as defined in section 321.1. 2 6 e. A watercraft as defined in section 462A.2. 2 7 f. An off-road vehicle which is a snowmobile or an 2 8 all-terrain vehicle as defined in section 321G.1. 2 9 8. "Motor vehicle fuel" means the same as defined 2 10 in section 214.1. 2 11 9. "Motor vehicle fuel container" means a 2 12 container used for the temporary storage of motor 2 13 vehicle fuel by the consumer of that motor vehicle 2 14 fuel. 2 15 10. "Motor vehicle fuel pump" or "pump" means the 2 16 same as defined in section 214.1. 2 17 11. "Motor vehicle fuel storage tank" or "storage 2 18 tank" means a tank that is a fixture on the surface or 2 19 underground on the premises of a gasoline station, if 2 20 the tank and piping are used to store and dispense 2 21 gasoline to customers on a retail basis. 2 22 12. "Motor vehicle fuel storage tank equipment" or 2 23 "storage tank equipment" means a motor vehicle fuel 2 24 storage tank and motor vehicle fuel storage tank 2 25 piping. 2 26 13. "Motor vehicle fuel storage tank piping" or 2 27 "storage tank piping" means any rigid or flexible 2 28 piping used to transport motor vehicle fuel from a 2 29 motor vehicle fuel storage tank to a motor vehicle 2 30 storage tank pump. 2 313.14. "Oxygenate octane enhancer" means oxygen- 2 32 containing compounds, including but not limited to 2 33 alcohols, ethers, or ethanol. 2 34 15. "Oxygenated gasoline" means gasoline that 2 35 contains an oxygenate octane enhancer as provided in 2 36 section 214A.2. 2 37 16. "Qualified motor vehicle" means a motor 2 38 vehicle that is any of the following: 2 39 a. A watercraft. 2 40 b. A motorcycle. 2 41 c. An antique vehicle registered under section 2 42 321.115. 2 43 d. An off-road vehicle that is a snowmobile or an 2 44 all-terrain vehicle. 2 45 17. "Raceway" means an enclosed area in which 2 46 there is located a public or private road used for 2 47 racing. 2 484.18. "Retail dealer"shall mean and include any2 49 means a person, firm, partnership, association, or2 50corporationwho operates, maintains, or conducts, 3 1 either in person, or by any agent, employee, or 3 2 servant, any place of business, filling station, pump3 3station, or tank wagon,from whichanymotor vehicle 3 4 fuel, as defined herein,is sold or offered for sale, 3 5 at retail, or to the final or ultimate consumer. 3 65.19. "Unoxygenated gasoline" means gasoline other 3 7 than oxygenated gasoline. 3 8 20. "Wholesale dealer"shall mean and include any3 9 means a person,firm, partnership, association, or3 10corporation,other than a retaildealers as defined in3 11subsection 3 of this section, who sells, keeps, or3 12holds, for sale, or purchasedealer, who provides 3 13 motor vehicle fuel forthe purpose ofsale within this 3 14 state, any motor vehicle fuel. 3 15 Sec. . Section 214A.2, subsection 1, Code 1999, 3 16 is amended to read as follows: 3 17 1. a. Thesecretarydepartment shall adopt rules 3 18 pursuant to chapter 17A for carrying out this chapter. 3 19 The rulesmayshall include, but are not limited to, 3 20 establishing specifications relating to motor vehicle 3 21 fuel or oxygenate octane enhancers. 3 22 b. In the interest of uniformity, thesecretary3 23 department shall adopt rules, by reference or 3 24 otherwise, to establish specifications relating to 3 25 tests and standards for motor vehicle fuel or 3 26 oxygenate octane enhancers, established. The 3 27 specifications shall be based on those established by 3 28 the American society for testing and materials 3 29 (A.S.T.M.), unless thesecretarydepartment determines 3 30 that those specifications are inconsistent with this 3 31 chapter or are not appropriate to the conditions which 3 32 exist in this state. 3 33 Sec. . Section 214A.2, Code 1999, is amended by 3 34 adding the following new subsection: 3 35 NEW SUBSECTION. 1A. An oxygenated gasoline must 3 36 contain at least three and five-tenths percent oxygen 3 37 by weight. 3 38 Sec. . Section 214A.2A, Code 1999, is amended 3 39 to read as follows: 3 40 214A.2A KEROSENELABELINGAND LOW GRAVITY 3 41 PETROLEUM PRODUCTS. 3 42 1. Fuel which is sold or is kept, offered, or 3 43 exposed for sale as kerosene shall be labeled as 3 44 kerosene. The label shall include the word "kerosene" 3 45 and a designation as either "K1" or "K2", and shall 3 46 indicate that the kerosene is in compliance with the 3 47 standard specification adopted by the A.S.T.M. in 3 48 specification D-3699 (1982). 3 49 2. Kerosene and distillate or petroleum products 3 50 of lower gravity (Baume scale), when not used to 4 1 propel a motor vehicle or compounded or combined with 4 2 a motor vehicle fuel, are exempt from this chapter. 4 3 Sec. . Section 214A.4, Code 1999, is amended to 4 4 read as follows: 4 5 214A.4 INTRASTATE SHIPMENTS. 4 6 Awholesaledealeror retail dealershall not 4 7 receive or sell or hold for sale, within this state, 4 8anymotor vehicle fuel or an oxygenate octane enhancer 4 9for which specifications are prescribed in this4 10chapter, unlesstheall of the following apply: 4 11 1. The motor vehicle fuel is subject to 4 12 specifications required in this chapter, other than 4 13 standards relating to the oxygen content of oxygenated 4 14 gasoline as provided pursuant to section 214A.2. 4 15 2. The dealerfirst securesreceives from the 4 16 refiner or producer of the motor vehicle fuel or 4 17 oxygenate octane enhancer, a certified statement,4 18verified by the oath ofby acompetentchemist 4 19 qualified according to requirements of the department, 4 20 who is employed by orrepresentingrepresents the 4 21 refiner or producer, showing. The statement shall 4 22 certify that thetrue standards and tests of themotor 4 23 vehicle fuel or oxygenate octane enhancer, obtained by4 24the methods referred tosatisfies specifications for 4 25 the motor vehicle fuel as required by the department 4 26 pursuant to section 214A.2. The statement shall be 4 27 based on tests and standards approved by the 4 28 department as provided in section 214A.2. The 4 29verified tests are required andstatement must 4 30 accompany the bill of lading or shipping documents 4 31 representing the shipment of the motor vehicle fuel or 4 32 oxygenate octane enhancer into this state before the 4 33 shipment can be received and unloaded, and shall be 4 34 included with any cargo documents required pursuant to 4 35 section 452A.12. 4 36 Sec. . Section 214A.16, Code 1999, is amended 4 37 to read as follows: 4 38 214A.16 NOTICEOF BLENDED FUEL – DECALON MOTOR 4 39 VEHICLE FUEL PUMPS. 4 40 1.All motor vehicle fuel kept, offered, or4 41exposed for sale, or sold at retail containing overA 4 42 retail dealer shall place a decal on the motor vehicle 4 43 fuel pump that dispenses motor vehicle fuel 4 44 identifying the fuel as follows: 4 45 a. If the motor vehicle fuel is gasoline 4 46 containing more than one percent ethanol, methanol, or 4 47 any combination of oxygenate octane enhancersshall be4 48identified as "with" eitherthe decal shall identify 4 49 the gasoline as containing "ethanol", "methanol", 4 50 "ethanol/methanol", or similar wordingon a decal. 5 1 b. If the motor vehicle fuel is unoxygenated 5 2 gasoline, the decal shall state the following: 5 3 "Nonoxygenated gasoline only for use in antique 5 4 vehicles, off-road vehicles, motorcycles, watercraft, 5 5 or small engines." 5 6 c.AllIf the motor vehicle fuel is diesel fuel 5 7kept, offered, or exposed for sale, or sold at retail5 8 containingovermore than one percent soybean oil by 5 9 volume the decal shallbe identifiedidentify the 5 10 diesel fuel as "with soydiesel" or similar wording on 5 11 a decal. 5 12 2. The design and location of the decals shall be 5 13 prescribed by rules adopted by the department. The 5 14 department shall adopt the rules to be effective by 5 15 January 1,19952000. A decal identifying a renewable 5 16 fuel shall be consistent with standards adopted 5 17 pursuant to section 159A.6.Until the department5 18establishes standards for decals, the wording shall be5 19on a white adhesive decal with black letters at least5 20one-half inch high and at least one-quarter inch wide5 21placed between thirty and forty inches above the5 22driveway level on the front sides of any container or5 23pump from which the motor fuel is sold.The 5 24 department may approve an application to place a decal 5 25 in a special location on a pump or container or use a 5 26 decal with special lettering or colors, if the decal 5 27 appears clear and conspicuous to the consumer. The 5 28 application shall be made in writing pursuant to 5 29 procedures adopted by the department. Designs for a 5 30 decal identifying a renewable fuel shall be consistent 5 31 with standards adopted pursuant to section 159A.6. 5 32 Sec. . NEW SECTION. 214A.21 GENERAL 5 33 REQUIREMENTS. 5 34 1. Except as provided in this section, a person 5 35 shall not dispense gasoline other than oxygenated 5 36 gasoline in this state. 5 37 2. This section shall not apply to gasoline used 5 38 to operate any of the following: 5 39 a. An aircraft as defined in section 328.1. 5 40 b. A motor vehicle used exclusively for motor 5 41 sports, including a raceway, if the motor vehicle 5 42 cannot operate on a highway as provided in chapter 321 5 43 or rules adopted by the state department of 5 44 transportation. 5 45 3. A person may dispense unoxygenated gasoline 5 46 only as provided in this subsection. All unoxygenated 5 47 gasoline dispensed in this state shall be premium 5 48 grade unleaded gasoline as provided in section 214A.2. 5 49 The unoxygenated gasoline shall only be dispensed for 5 50 one of the following purposes: 6 1 a. The operation of a qualified motor vehicle or a 6 2 small engine. 6 3 b. The temporary storage of unoxygenated gasoline 6 4 in a small motor vehicle fuel container. The small 6 5 motor vehicle fuel container shall meet all of the 6 6 following requirements: 6 7 (1) It shall comply with the standards set forth 6 8 in section 214A.15, or rules adopted by the 6 9 department. 6 10 (2) It shall have a capacity of not more than six 6 11 gallons. 6 12 c. A retail dealer shall only dispense 6 13 unoxygenated gasoline at a gasoline station. A gas 6 14 station that is a marina, mooring facility, or resort 6 15 shall only dispense unoxygenated gasoline for use by a 6 16 watercraft. 6 17 Sec. . NEW SECTION. 214A.22 MOTOR VEHICLE 6 18 FUEL STORAGE TANK – EQUIPMENT. 6 19 1. A retail dealer shall not install storage tank 6 20 equipment used to store or dispense gasoline, unless 6 21 the storage tank equipment is compatible with the 6 22 storage and dispensing of oxygenated gasoline. 6 23 2. a. Except as provided in this section, a 6 24 retail dealer shall not use more than one motor 6 25 vehicle fuel storage tank and connecting motor vehicle 6 26 fuel storage tank piping located on the premises of a 6 27 retail gasoline station for dispensing nonoxygenated 6 28 gasoline as provided in section 214A.21. 6 29 b. A retail dealer may use storage tank equipment 6 30 located on the premises of a retail gasoline station 6 31 for storing and dispensing nonoxygenated gasoline, if 6 32 the storage tank equipment is certified as exempt by 6 33 the department pursuant to this section. 6 34 c. In order to receive an exemption certificate, 6 35 the motor vehicle storage tank equipment must be 6 36 incompatible with the storage or dispensing of 6 37 oxygenated gasoline according to manufacturer 6 38 specifications. If the storage tank equipment is a 6 39 motor vehicle fuel storage tank, it must be a 6 40 fiberglass motor vehicle fuel storage tank. 6 41 3. The department shall grant an exemption 6 42 certificate upon application by the retail dealer in a 6 43 manner and according to procedures approved by the 6 44 department. The application shall contain all 6 45 information required by the department and shall at 6 46 least include all of the following: 6 47 a. The name of the retail dealer and the address 6 48 of the gasoline station. 6 49 b. A detailed description of the storage tank 6 50 equipment, including all of the following: 7 1 (1) The location of the storage tank equipment on 7 2 the premises of the gasoline station. 7 3 (2) The date that the storage tank equipment was 7 4 installed on the premises of the gasoline station. 7 5 (3) The model number of the storage tank 7 6 equipment, if available. 7 7 (4) A statement certified by the retail dealer 7 8 that the conversion necessary to store oxygenated fuel 7 9 in the fiberglass storage tank or dispense oxygenated 7 10 fuel using storage tank piping has not begun or been 7 11 completed since the date of installation. 7 12 c. A statement certified by the manufacturer of 7 13 the storage tank equipment verifying that the storage 7 14 tank equipment is not warranted for the storage or 7 15 dispensing of oxygenated fuel. 7 16 4. The exemption certificate shall expire upon the 7 17 earlier of the following: 7 18 a. The date that the storage tank equipment is 7 19 replaced or converted with modifications necessary to 7 20 store or dispense oxygenated fuel. The retail dealer 7 21 shall immediately notify the department in writing of 7 22 the date that the exemption certificate expires under 7 23 this paragraph. 7 24 b. The twenty-year anniversary date of the 7 25 installation of the storage tank equipment. 7 26 5. The department shall extend an exemption 7 27 certificate upon application by the retail dealer in a 7 28 manner and according to procedures approved by the 7 29 department. The application shall contain all 7 30 information required in order to grant a certificate. 7 31 a. The retail dealer may apply for an extension 7 32 within one hundred eighty days from the certificate's 7 33 expiration date. 7 34 b. The retail dealer may apply for any number of 7 35 additional extensions within one hundred eighty days 7 36 from the last extended certificate's expiration date. 7 37 The department shall grant the extension if the 7 38 application meets all requirements for granting an 7 39 original certificate. 7 40 c. An extended exemption certificate shall expire 7 41 upon the earlier of the following: 7 42 (1) The date that the storage tank equipment is 7 43 replaced or converted with modifications necessary to 7 44 store or dispense oxygenated fuel. The retail dealer 7 45 shall immediately notify the department in writing of 7 46 the date that the exemption certificate expires under 7 47 this paragraph. 7 48 (2) The ten-year anniversary date of the 7 49 expiration of the original or an extended certificate. 7 50 Sec. . Section 452A.3, subsection 2, Code 1999, 8 1 is amended to read as follows: 8 2 2.a.For the privilege of operating aircraft in 8 3 this state an excise tax of eight cents per gallon is 8 4 imposed on the use of all aviation gasoline. 8 5b. For the privilege of operating motor vehicles8 6in this state, an excise tax of nineteen cents per8 7gallon until June 30, 2007, is imposed upon the use of8 8motor fuel containing at least ten percent alcohol8 9distilled from cereal grains grown in the United8 10States and used for any purpose except as otherwise8 11provided in this division.8 12 Sec. . Section 452A.12, Code 1999, is amended 8 13 to read as follows: 8 14 452A.12 LOADING AND DELIVERY EVIDENCE ON 8 15 TRANSPORTATION EQUIPMENT. 8 16 1. As used in this section, unless the context 8 17 otherwise requires: 8 18 a. "Cargo document" means a manifest or loading 8 19 and delivery evidence as provided in this section. 8 20 b. "Gasoline" means the same as defined in section 8 21 214A.1. 8 22 c. "Oxygenated gasoline" means the same as defined 8 23 in section 214A.1. 8 24 d. "Oxygenate octane enhancer" means the same as 8 25 defined in section 214A.1. 8 26 e. "Premium grade unleaded gasoline" means a 8 27 gasoline that complies with the requirements of 8 28 section 214A.2. 8 29 2. A cargo document shall describe any 8 30 transportation of motor fuel as required in this 8 31 section. 8 32 2A. a. Aserially numbered manifestcargo 8 33 document shall be carried on every vehicle, except 8 34 small tank wagons, while in use in transportation 8 35 service, on which shall be entered the following. The 8 36 cargo document shall be a serially numbered manifest. 8 37 The manifest shall include informationas toabout the 8 38 cargo of motor fuel or special fuel being moved in the 8 39 vehicle as required by the department, including all 8 40 of the following: 8 41 (1) The date and place of loading,and the place 8 42to be unloaded, theof unloading the cargo. 8 43 (2) The person for whomitthe cargo is to be 8 44 delivered, the. 8 45 (3) The nature and kind of product, thebeing 8 46 delivered. The manifest shall state whether the motor 8 47 fuel is gasoline or another type of motor fuel. 8 48 (4) The amount of product,and other information8 49required by the departmentincluding the number of 8 50 gallons of motor fuel being delivered. 9 1 (5) If the motor fuel is gasoline, the manifest 9 2 shall include the provisions required in subsection 4. 9 3 b. The manifest for small tank wagons shall be 9 4 retained at the home office. The manifest covering 9 5 each load transported, upon consummation of the 9 6 delivery, shall be completed by showing the date and 9 7 place of actual delivery and the person to whom 9 8 actually delivered and shall be kept as a permanent 9 9 record for a period of three years.However, theThe 9 10 record of the manifest of past cargoesneedis not 9 11 required to be carried on the conveyance but shall be 9 12 preserved by the carrier for inspection by the 9 13 department. A carrier subject to this subsection when 9 14 distributing for a licensee may with the approval of 9 15 the department substitute the loading and delivery 9 16 evidence required in subsection2 forin lieu of the 9 17 manifest. 9 182.3. A person while transporting motor fuel or 9 19 undyed special fuel from a refinery or marine or 9 20 pipeline terminal in this state or from a point 9 21 outside this state over the highways of this state in 9 22 service other than that under subsection12A shall 9 23 carry in the vehicle aloading invoicecargo document 9 24 which shall be loading and delivery evidence showing 9 25 all of the following: 9 26 a. The name and address of the seller or 9 27 consignor, the. 9 28 b. The date and place of loading, and the. 9 29 c. The kind and quantity of motor fuel or special 9 30 fuel loaded, together with invoices. The loading and 9 31 delivery evidence shall state whether the motor fuel 9 32 is gasoline or another type of motor fuel. 9 33 d. Invoices showing the kind and quantity of each 9 34 delivery and the name and address of each purchaser or 9 35 consignee. If the motor fuel is gasoline, the invoice 9 36 shall state the number of gallons of gasoline being 9 37 delivered. The loading invoice shall include the 9 38 provisions required in subsection 4. 9 39 4. a. Except as provided in paragraph "b", if the 9 40 cargo is gasoline, the cargo document shall identify 9 41 the volume percentage or gallons of oxygenate octane 9 42 enhancers in the gasoline, and the octane number for 9 43 the gasoline as provided in section 214A.2. The cargo 9 44 document shall include a statement printed in at least 9 45 ten-point boldface type. The statement shall provide 9 46 as follows: 9 47 (1) If the motor fuel is oxygenated gasoline, the 9 48 statement shall provide: "This motor fuel is 9 49 oxygenated gasoline legal for sale in this state as 9 50 provided by Iowa Code chapter 214A." 10 1 (2) If the motor fuel is not oxygenated gasoline, 10 2 one the of the following shall apply: 10 3 (a) If the unoxygenated gasoline is a premium 10 4 grade unleaded gasoline, the statement shall provide: 10 5 "This motor fuel is nonoxygenated unleaded premium 10 6 grade gasoline legal for restricted retail sale in 10 7 this state as provided in Iowa Code chapter 214A." 10 8 (b) If the unoxygenated gasoline is not a premium 10 9 grade unleaded gasoline, the statement shall provide: 10 10 "This motor fuel is nonoxygenated gasoline and shall 10 11 not be sold on a retail basis in this state." 10 12 b. This subsection shall not apply to the 10 13 transport of gasoline between refineries, between 10 14 terminals, or between a refinery and a terminal."" 10 15 10 16 10 17 10 18 MUNDIE of Webster 10 19 HF 746.319 78 10 20 da/cf
Text: H01832 Text: H01834 Text: H01800 - H01899 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Mar 3 13:35:02 CST 2000
URL: /DOCS/GA/78GA/Legislation/H/01800/H01833/000303.html
jhf