Text: S03459 Text: S03461 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 746, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 18, by inserting after line 31 the 1 4 following: 1 5 "Sec. . Section 159A.6, subsection 2, 1 6 unnumbered paragraph 2, Code 1999, is amended to read 1 7 as follows: 1 8 The committee shall develop standards fordecalsa 1 9 decal required pursuant to section 214A.16, which 1 10 shall be designed to promote the advantages of using 1 11renewable fuelsdiesel fuel containing more than one 1 12 percent soybean oil by volume. The standards may be 1 13 incorporated within a model decal adopted by the 1 14 committee and approved by the office. 1 15 Sec. . Section 214A.1, Code 1999, is amended to 1 16 read as follows: 1 17 214A.1 DEFINITIONS. 1 18 The following definitions shall apply to the 1 19 various terms used in this chapter: 1 20 1. "A.S.T.M." means the American society for 1 21 testing and materials. 1 222. "Motor vehicle fuel" means a substance or1 23combination of substances which is intended to be or1 24is capable of being used for the purpose of propelling1 25or running by combustion any internal combustion1 26engine and is kept for sale or sold for that purpose.1 27The products commonly known as kerosene and distillate1 28or petroleum products of lower gravity (Baume scale),1 29when not used to propel a motor vehicle or for1 30compounding or combining with a motor vehicle fuel,1 31are exempt from this chapter except as provided in1 32section 214A.2A.1 33 2. "Dealer" means a retail dealer or a wholesale 1 34 dealer. 1 35 3. "Gasoline" means a motor vehicle fuel which is 1 36 not any of the following: 1 37 a. Diesel fuel. 1 38 b. Aviation gasoline or special fuel as defined in 1 39 section 452A.2. 1 40 4. "Gasoline station" means the location of a 1 41 profit or nonprofit business where gasoline is offered 1 42 for sale by a retail dealer. 1 43 5. "Motor vehicle" means a self-propelled vehicle 1 44 that operates using gasoline, including but not 1 45 limited to any of the following: 1 46 a. An automobile as defined in section 321.1. 1 47 b. A motor truck as defined in section 321.1. 1 48 c. A motor bus as used in section 452A.57. 1 49 d. A motorcycle as defined in section 321.1. 1 50 e. A watercraft as defined in section 462A.2. 2 1 f. An off-road vehicle which is a snowmobile or an 2 2 all-terrain vehicle as defined in section 321G.1. 2 3 6. "Motor vehicle fuel" means the same as defined 2 4 in section 214.1. 2 5 7. "Motor vehicle fuel container" means a 2 6 container used for the temporary storage of motor 2 7 vehicle fuel by the consumer of that motor vehicle 2 8 fuel. 2 9 8. "Motor vehicle fuel pump" or "pump" means the 2 10 same as defined in section 214.1. 2 11 9. "Offer for sale" means to make an offer to sell 2 12 motor vehicle fuel on a retail basis. 2 133.10. "Oxygenate octane enhancer" means oxygen- 2 14 containing compounds, including but not limited to 2 15 alcohols, ethers, or ethanol. 2 16 11. "Oxygenated gasoline" means gasoline that 2 17 contains an oxygenate octane enhancer as provided in 2 18 section 214A.2. 2 19 12. "Qualified motor vehicle" means a motor 2 20 vehicle that is any of the following: 2 21 a. A watercraft. 2 22 b. A motorcycle. 2 23 c. An antique vehicle registered under section 2 24 321.115. 2 25 d. An off-road vehicle that is a snowmobile or an 2 26 all-terrain vehicle. 2 27 13. "Raceway" means an enclosed area in which 2 28 there is located a public or private road used for 2 29 racing. 2 304.14. "Retail dealer"shall mean and include any2 31 means a person, firm, partnership, association, or2 32corporationwho operates, maintains, or conducts, 2 33 either in person, or by any agent, employee, or 2 34 servant, any place of business, filling station, pump2 35station, or tank wagon,from whichanymotor vehicle 2 36 fuel, as defined herein,is sold or offered for sale, 2 37 at retail, or to the final or ultimate consumer. 2 385.15. "Wholesale dealer"shall mean and include2 39anymeans a person,firm, partnership, association, or2 40corporation,other than a retaildealers as defined in2 41subsection 3 of this section, who sells, keeps, or2 42holds, for sale, or purchasedealer who provides motor 2 43 vehicle fuel forthe purpose ofsale within this 2 44 state, any motor vehicle fuel. 2 45 16. "Unoxygenated gasoline" means gasoline other 2 46 than oxygenated gasoline. 2 47 Sec. . Section 214A.2, subsection 1, Code 1999, 2 48 is amended to read as follows: 2 49 1. a. Thesecretarydepartment shall adopt rules 2 50 pursuant to chapter 17A for carrying out this chapter. 3 1 The rulesmayshall include, but are not limited to, 3 2 establishing specifications relating to motor vehicle 3 3 fuel or oxygenate octane enhancers. 3 4 b. In the interest of uniformity, thesecretary3 5 department shall adopt rules, by reference or 3 6 otherwise, to establish specifications relating to 3 7 tests and standards for motor vehicle fuel or 3 8 oxygenate octane enhancers, established. The 3 9 specifications shall be based on those established by 3 10 the American society for testing and materials 3 11 (A.S.T.M.), unless thesecretarydepartment determines 3 12 that those specifications are inconsistent with this 3 13 chapter or are not appropriate to the conditions which 3 14 exist in this state. 3 15 c. The department shall not use Reid vapor 3 16 pressure tests more frequently to test oxygenated 3 17 gasoline than customarily required to test 3 18 unoxygenated gasoline. 3 19 Sec. . Section 214A.2, Code 1999, is amended by 3 20 adding the following new subsection: 3 21 NEW SUBSECTION. 1A. An oxygenated gasoline must 3 22 contain at least three and five-tenths percent oxygen 3 23 by weight. 3 24 Sec. . Section 214A.2A, Code 1999, is amended 3 25 to read as follows: 3 26 214A.2A KEROSENELABELINGAND LOW GRAVITY 3 27 PETROLEUM PRODUCTS. 3 28 1. Except as provided in subsection 2, products 3 29 commonly known as kerosene and distillate or petroleum 3 30 products of lower gravity (Baume scale), when not used 3 31 to propel a motor vehicle or for compounding or 3 32 combining with a motor vehicle fuel, are exempt from 3 33 this chapter. 3 34 2. Fuel which is sold or is kept, offered, or 3 35 exposed for sale as kerosene shall be labeled as 3 36 kerosene. The label shall include the word "kerosene" 3 37 and a designation as either "K1" or "K2", and shall 3 38 indicate that the kerosene is in compliance with the 3 39 standard specification adopted by the A.S.T.M. in 3 40 specification D-3699 (1982). 3 41 Sec. . Section 214A.16, Code 1999, is amended 3 42 to read as follows: 3 43 214A.16 NOTICEOF BLENDED FUEL – DECALON MOTOR 3 44 VEHICLE FUEL PUMPS. 3 45 1.All motor vehicle fuel kept, offered, or3 46exposed for sale, or sold at retail containing over3 47one percent ethanol, methanol, or any combination of3 48oxygenate octane enhancers shall be identified as3 49"with" either "ethanol", "methanol",3 50"ethanol/methanol", or similar wording onA retail 4 1 dealer shall place a decal on a motor vehicle fuel 4 2 pump that dispenses motor vehicle fuel as required in 4 3 this section. The decal shall identify the motor 4 4 vehicle fuel as follows: 4 5 a. If the motor vehicle fuel is unoxygenated 4 6 gasoline, the decal shall state the following: 4 7 "Nonoxygenated gasoline only for use in antique 4 8 vehicles, off-road vehicles, motorcycles, watercraft, 4 9 or small engines." 4 10 b.AllIf the motor vehicle fuel is diesel fuel 4 11kept, offered, or exposed for sale, or sold at retail4 12 containingovermore than one percent soybean oil by 4 13 volume the decal shallbe identifiedidentify the 4 14 diesel fuel as "with soydiesel" or similar wording on 4 15 a decal. 4 16 2. The design and location of the decals shall be 4 17 prescribed by rules adopted by the department. The 4 18 department shall adopt the rules to be effective by 4 19 January 1,19952001. A decal identifying arenewable4 20 diesel fuel containing more than one percent soybean 4 21 oil by volume shall be consistent with standards 4 22 adopted pursuant to section 159A.6.Until the4 23department establishes standards for decals, the4 24wording shall be on a white adhesive decal with black4 25letters at least one-half inch high and at least one-4 26quarter inch wide placed between thirty and forty4 27inches above the driveway level on the front sides of4 28any container or pump from which the motor fuel is4 29sold.The department may approve an application to 4 30 place a decal in a special location on a pump or 4 31 container or use a decal with special lettering or 4 32 colors, if the decal appears clear and conspicuous to 4 33 the consumer. The application shall be made in 4 34 writing pursuant to procedures adopted by the 4 35 department. Designs for a decal identifying a 4 36 renewable fuel shall be consistent with standards 4 37 adopted pursuant to section 159A.6. 4 38 Sec. . Section 214A.4, Code 1999, is amended to 4 39 read as follows: 4 40 214A.4 INTRASTATE SHIPMENTS. 4 41 Awholesaledealeror retail dealershall not 4 42 receive or sell or hold for sale, within this state, 4 43anymotor vehicle fuel or an oxygenate octane enhancer 4 44for which specifications are prescribed in this4 45chapter, unlesstheall of the following apply: 4 46 1. The motor vehicle fuel is subject to 4 47 specifications required in this chapter, other than 4 48 standards relating to the oxygen content of oxygenated 4 49 gasoline as provided pursuant to section 214A.2A. 4 50 2. The dealerfirst securesreceives from the 5 1 refiner or producer of the motor vehicle fuel or 5 2 oxygenate octane enhancer, a certified statement,5 3verified by the oath ofby acompetentchemist 5 4 qualified according to requirements of the department, 5 5 who is employed by orrepresentingrepresents the 5 6 refiner or producer, showing. The statement shall 5 7 certify that thetrue standards and tests of themotor 5 8 vehicle fuel or oxygenate octane enhancer, obtained by5 9the methods referred tosatisfies specifications for 5 10 the motor vehicle fuel or oxygenate octane enhancer as 5 11 required by the department pursuant to section 214A.2. 5 12 The statement shall be based on tests and standards 5 13 approved by the department as provided in section 5 14 214A.2. Theverified tests are required andstatement 5 15 must accompany the bill of lading or shipping 5 16 documents representing the shipment of the motor 5 17 vehicle fuel or oxygenate octane enhancer into this 5 18 state before the shipment can be received and 5 19 unloaded, and shall be included with any cargo 5 20 documents required pursuant to section 452A.12. 5 21 Sec. . NEW SECTION. 214A.21 GASOLINE 5 22 REQUIREMENTS. 5 23 1. Except as provided in this section, a person 5 24 shall not offer for sale gasoline other than 5 25 oxygenated gasoline in this state. 5 26 2. This section shall not apply to gasoline used 5 27 to operate any of the following: 5 28 a. An aircraft as defined in section 328.1. 5 29 b. A motor vehicle used exclusively for motor 5 30 sports, including a raceway, if the motor vehicle 5 31 cannot operate on a highway as provided in chapter 321 5 32 or rules adopted by the state department of 5 33 transportation. 5 34 3. A person may offer for sale unoxygenated 5 35 gasoline only as provided in this subsection. All 5 36 unoxygenated gasoline offered for sale in this state 5 37 must be unleaded gasoline as provided in section 5 38 214A.2. The unoxygenated gasoline shall only be 5 39 offered for sale for one of the following purposes: 5 40 a. The operation of a qualified motor vehicle or a 5 41 small engine. 5 42 b. The temporary storage of unoxygenated gasoline 5 43 in a small motor vehicle fuel container. The small 5 44 motor vehicle fuel container shall meet all of the 5 45 following requirements: 5 46 (1) It shall comply with the standards set forth 5 47 in section 214A.15, or rules adopted by the 5 48 department. 5 49 (2) It shall have a capacity of not more than six 5 50 gallons. 6 1 c. A retail dealer shall only offer for sale 6 2 unoxygenated gasoline at a gasoline station. 6 3 Sec. . Section 452A.3, subsection 2, Code 1999, 6 4 is amended to read as follows: 6 5 2.a.For the privilege of operating aircraft in 6 6 this state an excise tax of eight cents per gallon is 6 7 imposed on the use of all aviation gasoline. 6 8b. For the privilege of operating motor vehicles6 9in this state, an excise tax of nineteen cents per6 10gallon until June 30, 2007, is imposed upon the use of6 11motor fuel containing at least ten percent alcohol6 12distilled from cereal grains grown in the United6 13States and used for any purpose except as otherwise6 14provided in this division.6 15 Sec. . Section 452A.12, Code 1999, is amended 6 16 to read as follows: 6 17 452A.12 LOADING AND DELIVERY EVIDENCE ON 6 18 TRANSPORTATION EQUIPMENT. 6 19 1. As used in this section, unless the context 6 20 otherwise requires: 6 21 a. "Cargo document" means a manifest or loading 6 22 and delivery evidence as provided in this section. 6 23 b. "Gasoline" means the same as defined in section 6 24 214A.1. 6 25 c. "Oxygenated gasoline" means the same as defined 6 26 in section 214A.1. 6 27 d. "Oxygenate octane enhancer" means the same as 6 28 defined in section 214A.1. 6 29 2. A cargo document shall describe any 6 30 transportation of motor fuel as required in this 6 31 section. 6 32 2A. a. Aserially numbered manifestcargo 6 33 document shall be carried on every vehicle, except 6 34 small tank wagons, while in use in transportation 6 35 service, on which shall be entered the following. The 6 36 cargo document shall be a serially numbered manifest. 6 37 The manifest shall include informationas toabout the 6 38 cargo of motor fuel or special fuel being moved in the 6 39 vehicle as required by the department, including all 6 40 of the following: 6 41 (1) The date and place of loading,and the place 6 42to be unloaded, theof unloading the cargo. 6 43 (2) The person for whomitthe cargo is to be 6 44 delivered, the. 6 45 (3) The nature and kind of product, thebeing 6 46 delivered. The manifest shall state whether the motor 6 47 fuel is gasoline or another type of motor fuel. 6 48 (4) The amount of product,and other information6 49required by the departmentincluding the number of 6 50 gallons of motor fuel being delivered. 7 1 (5) If the motor fuel is gasoline, the manifest 7 2 shall include provisions required in subsection 4. 7 3 b. The manifest for small tank wagons shall be 7 4 retained at the home office. The manifest covering 7 5 each load transported, upon consummation of the 7 6 delivery, shall be completed by showing the date and 7 7 place of actual delivery and the person to whom 7 8 actually delivered and shall be kept as a permanent 7 9 record for a period of three years.However, theThe 7 10 record of the manifest of past cargoesneedis not 7 11 required to be carried on the conveyance but shall be 7 12 preserved by the carrier for inspection by the 7 13 department. A carrier subject to this subsection when 7 14 distributing for a licensee may with the approval of 7 15 the department substitute the loading and delivery 7 16 evidence requiredin subsection 2 forin lieu of the 7 17 manifest. 7 182.3. A person while transporting motor fuel or 7 19 undyed special fuel from a refinery or marine or 7 20 pipeline terminal in this state or from a point 7 21 outside this state over the highways of this state in 7 22 service other than that under subsection12A shall 7 23 carry in the vehicle aloading invoicecargo document 7 24 which shall be loading and delivery evidence showing 7 25 all of the following: 7 26 a. The name and address of the seller or 7 27 consignor, the. 7 28 b. The date and place of loading, and the. 7 29 c. The kind and quantity of motor fuel or special 7 30 fuel loaded, together with invoices. The loading and 7 31 delivery evidence shall state whether the motor fuel 7 32 is gasoline or another type of motor fuel. 7 33 d. Invoices showing the kind and quantity of each 7 34 delivery and the name and address of each purchaser or 7 35 consignee. If the motor fuel is gasoline, the invoice 7 36 shall state the number of gallons of gasoline being 7 37 delivered. The loading invoice shall include 7 38 provisions required in subsection 4. 7 39 4. a. Except as provided in paragraph "b", if the 7 40 cargo is gasoline, the cargo document shall identify 7 41 the volume percentage or gallons of oxygenate octane 7 42 enhancers in the gasoline, and the octane number for 7 43 the gasoline as provided in section 214A.2. The cargo 7 44 document shall include a statement printed in at least 7 45 ten-point boldface type. The statement shall provide 7 46 as follows: 7 47 (1) If the motor fuel is oxygenated gasoline, the 7 48 statement shall provide: "This motor fuel is 7 49 oxygenated gasoline legal for sale in this state as 7 50 provided by Iowa Code chapter 214A." 8 1 (2) If the motor fuel is not oxygenated gasoline, 8 2 the statement shall provide: "This motor fuel is 8 3 nonoxygenated gasoline legal for restricted retail 8 4 sale in this state as provided in Iowa Code chapter 8 5 214A." 8 6 b. This subsection shall not apply to the 8 7 transport of gasoline between refineries, between 8 8 terminals, or between a refinery and a terminal. 8 9 Sec. . Section 455G.9, subsection 1, Code 1999, 8 10 is amended by adding the following new lettered 8 11 paragraph: 8 12 NEW PARAGRAPH. j. Up to one hundred percent of 8 13 the costs necessary to reimburse the owner or operator 8 14 for costs associated with converting a fiberglass 8 15 motor vehicle fuel storage tank or storage tank piping 8 16 used to transport oxygenated gasoline from a 8 17 fiberglass storage tank to a pump as required pursuant 8 18 to chapter 214A, pursuant to section 455G.23. 8 19 However, the owner or operator shall not be reimbursed 8 20 more than ten thousand dollars for converting a 8 21 fiberglass storage tank or more than three thousand 8 22 dollars for converting storage tank piping. 8 23 Sec. . NEW SECTION. 455G.23 CONVERSION 8 24 NECESSARY TO STORE AND DISPENSE OXYGENATED GASOLINE. 8 25 1. As used in this section: 8 26 a. "Fiberglass storage tank" means a storage tank 8 27 that is fiberglass or fiberglass-lined when 8 28 manufactured. 8 29 b. "Oxygenated gasoline" means oxygenated gasoline 8 30 as defined in section 214A.1. 8 31 c. "Storage tank" means a storage container that 8 32 is a fixture on the surface or underground on the 8 33 premises of a gasoline station as defined in section 8 34 214A.1 that is used to store and dispense gasoline to 8 35 customers on a retail basis. 8 36 d. "Storage tank equipment" means a storage tank 8 37 or storage tank piping. 8 38 e. "Storage tank piping" means any rigid or 8 39 flexible piping used to transport motor fuel from a 8 40 storage tank to a motor vehicle fuel pump as defined 8 41 in section 214A.1. 8 42 2. The board shall establish a program to 8 43 reimburse the owner or operator of a site for costs 8 44 necessary to convert a fiberglass storage tank or 8 45 storage tank piping for use in storing or dispensing 8 46 oxygenated gasoline as provided pursuant to chapter 8 47 214A. The conversion may be the replacement of 8 48 storage tank equipment or modifications necessary for 8 49 the storage and dispensing of oxygenated gasoline. 8 50 3. In order to be eligible for reimbursement, all 9 1 of the following must apply: 9 2 a. The site must be located at a gasoline station 9 3 as defined in section 214A.1. 9 4 b. The site must comply with federal and state 9 5 standards governing new or upgraded storage tank 9 6 equipment. 9 7 4. The owner or operator shall apply to the board 9 8 in a manner and according to procedures required by 9 9 the board. The application shall contain all 9 10 information required by the board and shall at least 9 11 include all of the following: 9 12 a. The name of the owner or operator and the 9 13 address of the gasoline station. 9 14 b. A detailed description of the storage tank 9 15 equipment, including all of the following: 9 16 (1) The location of the storage tank equipment on 9 17 the premises of the gasoline station. 9 18 (2) The date that the storage tank equipment was 9 19 installed on the premises of the gasoline station. 9 20 (3) The model number of the storage tank 9 21 equipment, if available. 9 22 (4) A statement that the conversion necessary to 9 23 store oxygenated fuel in the fiberglass storage tank 9 24 or dispense oxygenated fuel using storage tank piping 9 25 has not begun or been completed since the date of 9 26 installation. 9 27 c. One of the following: 9 28 (1) A statement certified by the manufacturer of 9 29 the storage tank equipment verifying that the storage 9 30 tank equipment is not warranted for the storage or 9 31 dispensing of oxygenated fuel. 9 32 (2) A letter signed by an agent or representative 9 33 of two property and casualty insurers of petroleum 9 34 equipment recognized by the board. Each letter must 9 35 state that the storage tank equipment is not insurable 9 36 for the storage or dispensing of oxygenated fuel under 9 37 policies customarily issued by the insurer covering 9 38 storage tank equipment. 9 39 5. A site classified as a no further action site 9 40 pursuant to a certificate issued by the department 9 41 under section 455B.474 shall retain its classification 9 42 following modifications necessary to store and 9 43 dispense oxygenated gasoline, and the owner operator 9 44 shall not be required to perform a new site assessment 9 45 unless the site causes a clear, present, and impending 9 46 danger to the public health or the environment." 9 47 #2. By renumbering as necessary. 9 48 9 49 9 50 10 1 JOHN P. KIBBIE 10 2 HF 746.514 78 10 3 da/jw
Text: S03459 Text: S03461 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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