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House File 2294

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 214A.2, subsection 4, Code Supplement
  1  2 1999, is amended to read as follows:
  1  3    4.  Gasoline Motor vehicle fuel shall not contain methanol
  1  4 without an equal amount of cosolvent, and shall not contain
  1  5 more than five percent methanol methyl tertiary butyl ether,
  1  6 except as provided in section 455B.210.
  1  7    Sec. 2.  Section 214A.16, Code 1999, is amended to read as
  1  8 follows:
  1  9    214A.16  NOTICE OF BLENDED FUEL – DECAL.
  1 10    All motor vehicle fuel kept, offered, or exposed for sale,
  1 11 or sold at retail containing over one percent ethanol,
  1 12 methanol, or any combination of oxygenate octane enhancers,
  1 13 including but not limited to ethanol, shall be identified as
  1 14 "with" either "ethanol", "methanol", "ethanol/methanol", or
  1 15 similar wording on a decal with the name of the oxygenate
  1 16 octane enhancer.  All diesel fuel kept, offered, or exposed
  1 17 for sale, or sold at retail containing over one percent
  1 18 soybean oil by volume shall be identified as "with soydiesel"
  1 19 or similar wording containing soybean oil on a decal.  The
  1 20 contents, design, and location of the decals shall be
  1 21 prescribed by rules adopted by the department.  The department
  1 22 shall adopt the rules to be effective by January 1, 1995.  A
  1 23 decal identifying a renewable fuel shall be consistent with
  1 24 standards adopted pursuant to section 159A.6.  Until the
  1 25 department establishes standards for decals, the wording shall
  1 26 be on a white adhesive decal with black letters at least one-
  1 27 half inch high and at least one-quarter inch wide placed
  1 28 between thirty and forty inches above the driveway level on
  1 29 the front sides of any container or pump from which the motor
  1 30 fuel is sold.  The department may approve an application to
  1 31 place a decal in a special location on a pump or container or
  1 32 use a decal with special lettering or colors, if the decal
  1 33 appears clear and conspicuous to the consumer.  The
  1 34 application shall be made in writing pursuant to procedures
  1 35 adopted by the department.  Designs for a decal identifying a
  2  1 renewable fuel shall be consistent with standards adopted
  2  2 pursuant to section 159A.6.
  2  3    Sec. 3.  NEW SECTION.  455B.210  METHYL TERTIARY BUTYL
  2  4 ETHER USED IN FUEL PROHIBITION.
  2  5    1.  As used in this section:
  2  6    a.  "MTBE" means methyl tertiary butyl ether, which is used
  2  7 or intended to be used in fuel.
  2  8    b.  "Fuel" means petroleum as defined in section 455B.471,
  2  9 which is used or intended to be used as motor fuel or special
  2 10 fuel as those terms are defined in section 452A.2.
  2 11    c.  "Sale" means to sell or offer to sell.
  2 12    d.  "Tank" means a storage structure fixed to the land,
  2 13 including but not limited to an underground storage tank
  2 14 subject to regulation under chapter 455G or an aboveground
  2 15 petroleum storage tank as defined in section 101.21.
  2 16    2.  A person shall not do any of the following:
  2 17    a.  Sell MTBE in this state for use in this state.
  2 18    b.  Store MTBE in a tank located in this state.
  2 19    3.  The department may provide by rule for the sale or
  2 20 storage of an incidental amount of MTBE or the temporary
  2 21 storage of MTBE to the extent that the department determines
  2 22 that the amount or storage time does not cause a threat to the
  2 23 public health or environment by contaminating soil,
  2 24 groundwater, or surface water in this state.
  2 25    4.  The department shall ensure that MTBE does not cause a
  2 26 threat to the public health or environment by contaminating
  2 27 soil, groundwater, or surface water in this state consistent
  2 28 with this section.
  2 29    5.  The department shall adopt rules necessary in order to
  2 30 administer this section.
  2 31    Sec. 4.  Section 455B.474, subsection 1, Code Supplement
  2 32 1999, is amended by adding the following new paragraph:
  2 33    NEW PARAGRAPH.  i.  Providing for monitoring, including
  2 34 testing for the presence of methyl tertiary butyl ether from
  2 35 locations at sites where groundwater or soil monitoring is
  3  1 required pursuant to this section, if other sample analyses
  3  2 are required.
  3  3    Sec. 5.  DEPARTMENTAL DIRECTIVE.  The department of natural
  3  4 resources shall immediately begin to adopt all rules necessary
  3  5 in order to fully implement this Act upon the effective date
  3  6 of its provisions.
  3  7    Sec. 6.  1999 Iowa Acts, chapter 204, section 15,
  3  8 subsection 4, paragraph a, is amended by striking the
  3  9 paragraph.
  3 10    Sec. 7.  EFFECTIVE DATES.
  3 11    1.  Except as provided in subsection 2, this Act takes
  3 12 effect December 31, 2000.
  3 13    2.  Section 5 of this Act, being deemed of immediate
  3 14 importance, takes effect upon enactment.  
  3 15                           EXPLANATION
  3 16    In 1999, the general assembly enacted House File 772 (1999
  3 17 Iowa Acts, chapter 204), which in part provides that on or
  3 18 after February 1, 2000, a retail dealer of motor vehicle fuel
  3 19 is prohibited from offering for sale in this state fuel that
  3 20 contains more than 2 percent of methyl tertiary butyl ether
  3 21 (MTBE) by volume.  It directs the department of agriculture
  3 22 and land stewardship to adopt rules necessary to ensure that
  3 23 the substance does not threaten the public health, and directs
  3 24 the department of natural resources to conduct testing and
  3 25 monitoring at underground storage tank sites.  The provision
  3 26 is uncodified.
  3 27    This bill eliminates the provision in the Acts and codifies
  3 28 similar requirements in new Code section 455B.210.  The bill
  3 29 prohibits a person from selling or storing MTBE for use in
  3 30 fuel in this state.  The bill authorizes the department of
  3 31 natural resources to administer the provisions, including by
  3 32 adopting rules.  The bill provides that the department of
  3 33 natural resources may provide for the sale or storage of an
  3 34 incidental amount of MTBE or the temporary storage of MTBE to
  3 35 the extent that the department determines that the amount or
  4  1 storage time does not cause a threat to the public health or
  4  2 environment.  The bill also requires the department of natural
  4  3 resources to provide for monitoring, including testing for the
  4  4 presence of MTBE from the locations at sites where groundwater
  4  5 or soil monitoring is required, if other sample analyses are
  4  6 required.
  4  7    Code chapter 214A provides that the department of
  4  8 agriculture and land stewardship is authorized to provide
  4  9 standards for the motor vehicle fuel and oxygenate enhancers.
  4 10 The bill amends Code section 214A.2, which specifies the
  4 11 content of methanol which is used to produce MTBE.  The bill
  4 12 amends the provision to prohibit its use consistent with other
  4 13 provisions of this bill.  The bill also amends Code section
  4 14 214A.16, which provides requirements for decals identifying
  4 15 oxygenate enhancers, including methanol.
  4 16    Generally, a person who violates provisions in the bill
  4 17 would be subject to a civil penalty of not more than $5,000
  4 18 for each day of a violation.  (See Code section 455B.191.)
  4 19    The bill takes effect on December 31, 2000.  However, the
  4 20 department of natural resources is directed to immediately
  4 21 begin rulemaking as necessary in order to carry out the bill's
  4 22 provisions.  
  4 23 LSB 6244YH 78
  4 24 da/as/5
     

Text: HF02293                           Text: HF02295
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