Text: HSB00721 Text: HSB00723 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 214A.1, Code 1999, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 1A. "Blended gasoline" means gasoline 1 4 that is blended with at least ten percent ethanol as provided 1 5 in section 214A.2. 1 6 NEW SUBSECTION. 2A. "Motor vehicle fuel pump" or "pump" 1 7 means the same as defined in section 214.1. 1 8 NEW SUBSECTION. 2B. "Motor vehicle fuel storage tank 1 9 equipment" means a motor vehicle fuel storage tank, motor 1 10 vehicle fuel storage tank piping, or a motor vehicle fuel 1 11 pump. 1 12 NEW SUBSECTION. 2C. "Motor vehicle fuel storage tank" or 1 13 "tank" means one or a combination of aboveground or 1 14 belowground container that is a fixture, used to keep an 1 15 accumulation of motor vehicle fuel, and which is operated by a 1 16 retailer dealer for dispensing motor vehicle fuel to 1 17 customers. 1 18 NEW SUBSECTION. 2D. "Motor vehicle fuel storage tank 1 19 piping" means any rigid or flexible piping used to transport 1 20 motor vehicle fuel from a motor vehicle fuel storage tank to a 1 21 motor vehicle fuel pump. 1 22 NEW SUBSECTION. 4A. "Sell" means to sell or to offer for 1 23 sale. 1 24 NEW SUBSECTION. 4B. "Site" means the place where a tank 1 25 is used to serve a connecting motor vehicle fuel pump. 1 26 NEW SUBSECTION. 4C. "Unblended gasoline" means gasoline 1 27 that is not blended gasoline. 1 28 Sec. 2. Section 214A.11, Code 1999, is amended to read as 1 29 follows: 1 30 214A.11 VIOLATIONS. 1 31 1.AnyA personviolating thewho violates provisions of 1 32 this chaptershall beother than section 214A.16A is guilty of 1 33 a simple misdemeanor. 1 34 2. A retail dealer who violates section 214A.16A is 1 35 subject to a civil penalty of not more than one hundred 2 1 dollars. Each day that a violation continues constitutes a 2 2 separate offense. 2 3 a. The department shall issue an order assessing a civil 2 4 penalty against a retail dealer acting in violation of section 2 5 214A.16A. The order shall include the amount of the civil 2 6 penalty. The civil penalty shall be paid in accordance with 2 7 rules adopted by the department pursuant to chapter 17A and as 2 8 provided in the order, unless the person institutes a 2 9 contested case proceeding as provided in chapter 17A. 2 10 b. A retail dealer who fails to timely pay a civil penalty 2 11 assessed by a final order of the department shall pay, in 2 12 addition to the amount of the civil penalty, interest at the 2 13 rate of one and one-half percent of the unpaid balance of the 2 14 assessed civil penalty for each month or part of a month that 2 15 the penalty remains unpaid. 2 16 c. When a retail dealer against whom a civil penalty is 2 17 assessed under this section seeks timely judicial review, as 2 18 provided under chapter 17A, of an order imposing the civil 2 19 penalty, the order is not final for the purposes of this 2 20 section until all judicial review processes are completed. 2 21 d. The attorney general shall institute, at the request of 2 22 the department, legal proceedings in the district court for 2 23 Polk county or the county in which the violation occurred in 2 24 order to recover the civil penalty and any accrued interest. 2 25 e. The civil penalty assessed by the department and 2 26 interest on the civil penalty shall be deposited in the 2 27 general fund of the state. 2 28 Sec. 3. NEW SECTION. 214A.16A ETHANOL BLENDED GASOLINE 2 29 – AVAILABILITY REQUIRED. 2 30 1. Except as provided in this section, a retail dealer 2 31 shall not sell unblended gasoline at a site, unless the retail 2 32 dealer also sells blended gasoline at that site. A retail 2 33 dealer required to sell blended gasoline must operate at least 2 34 one motor vehicle fuel pump that dispenses blended gasoline at 2 35 the same site where the retail dealer operates a motor vehicle 3 1 fuel pump that dispenses unblended gasoline. 3 2 2. a. This section does not apply to the extent that a 3 3 retail dealer cannot sell ethanol blended gasoline at a site 3 4 because the motor vehicle fuel storage tank equipment located 3 5 on the site is not compatible with storing and dispensing 3 6 ethanol blended gasoline. 3 7 b. This section does not require a retail dealer to sell 3 8 unblended gasoline at a site if the site has only one single 3 9 undivided motor vehicle fuel storage tank. 3 10 c. This section does not require a retail dealer to cease 3 11 selling unblended gasoline during any period when the retail 3 12 dealer cannot sell blended gasoline due to any of the 3 13 following: 3 14 (1) A wholesale dealer fails to supply the retail dealer 3 15 with blended gasoline on a timely basis. This subparagraph 3 16 does not apply if the retail dealer and the wholesale dealer 3 17 are the same person. 3 18 (2) A temporary depletion of the retail dealer's blended 3 19 gasoline inventory. This subparagraph does not apply if the 3 20 retail dealer stores unblended gasoline in the depleted tank. 3 21 (3) A communication, including the issuance of an order or 3 22 letter, by a federal or state agency, including the United 3 23 States environmental protection agency, the department of 3 24 natural resources, or the department of agriculture and land 3 25 stewardship, requiring or requesting that the retail dealer 3 26 cease using a motor vehicle fuel storage tank storing blended 3 27 gasoline or related motor vehicle fuel storage tank equipment. 3 28 This subparagraph does not apply once the terms of the 3 29 communication have expired. 3 30 (4) A motor vehicle fuel storage tank used to store 3 31 blended gasoline or related motor vehicle fuel storage tank 3 32 equipment cannot function because of repair, replacement, or 3 33 maintenance. This subparagraph does not apply after the tank 3 34 or related equipment has been repaired, replaced, or 3 35 maintained or should have been repaired, replaced, or 4 1 maintained within a period customary for that type of repair, 4 2 replacement, or maintenance. 4 3 3. The department shall adopt pursuant to chapter 17A all 4 4 rules necessary in order to administer this section. 4 5 EXPLANATION 4 6 This bill amends Code chapter 214A, which provides for the 4 7 regulation of motor vehicle fuel, including gasoline blended 4 8 with ethanol, by the department of agriculture and land 4 9 stewardship. 4 10 The bill prohibits a retail dealer from selling or offering 4 11 to sell unblended gasoline, unless the retail dealer also 4 12 sells blended gasoline. The bill requires the retail dealer 4 13 to operate at least one motor vehicle fuel pump that dispenses 4 14 blended gasoline at the same site where the retail dealer 4 15 operates a motor vehicle fuel pump that dispenses unblended 4 16 gasoline. 4 17 The bill excuses a retail dealer from the bill's 4 18 requirements in certain cases. The bill provides that the 4 19 requirements do not apply, if the storage tank or related 4 20 equipment is incompatible with ethanol blended gasoline. It 4 21 provides that the requirements do not affect a retail dealer 4 22 who has only one undivided storage tank. The bill provides a 4 23 number of exemptions for retail dealers who otherwise would be 4 24 subject to the requirments, including the failure of a 4 25 wholesale dealer to supply blended gasoline; the temporary 4 26 depletion of the retail dealer's blended gasoline inventory; a 4 27 communication by a federal or state agency requiring or 4 28 requesting that the retail dealer cease using a tank storing 4 29 blended gasoline or related equipment; or the repair, 4 30 replacement, or maintenance of a tank or related equipment. 4 31 The bill provides that a retail dealer who violates the 4 32 provisions of the bill is subject to a civil penalty of up to 4 33 $100 for each day of the violation. The bill provides 4 34 procedures for assessing and collecting the civil penalty. 4 35 LSB 6838YC 78 5 1 da/cf/24
Text: HSB00721 Text: HSB00723 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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