Text: S05394 Text: S05396 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend Senate File 2448 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. HEAVEN INITIATIVE. This Act shall be 1 5 known and may be cited as the "healthy environmental 1 6 and value-added energy initiative." 1 7 1. The general assembly finds and declares all of 1 8 the following: 1 9 a. A significant amount of this state's air 1 10 pollution is caused by vehicles emitting a variety of 1 11 petroleum-based pollutants, including benzene and 1 12 other aromatics, nitrous oxides, particulate matter in 1 13 the forms of smoke and soot, carbon monoxide, and 1 14 carbon dioxide. 1 15 b. Motor vehicle fuel that contains three and five 1 16 tenths percent oxygen enhances octane levels and 1 17 provides more oxygen for fuel combustion resulting in 1 18 reduced levels of hazardous emissions such as carbon 1 19 monoxide and providing citizens of this state with 1 20 healthier air to breathe. 1 21 c. The state must capture the greatest benefit 1 22 from opportunities created by industries manufacturing 1 23 high value-added products derived from abundant 1 24 resources of this state, which may be used to 1 25 transform alternative motor vehicle fuels into 1 26 conventional motor vehicle fuels. 1 27 2. The purpose of this Act is to protect the 1 28 public health, preserve this state's natural 1 29 environment, and encourage the manufacture of 1 30 compatible value-added products. 1 31 Sec. 2. Section 15.333, subsection 1, Code 1 32 Supplement 1999, is amended to read as follows: 1 33 1. An eligible business may claim a corporate tax 1 34 credit up to a maximum of ten percent of the new 1 35 investment which is directly related to new jobs 1 36 created by the location or expansion of an eligible 1 37 business under the program. Any credit in excess of 1 38 the tax liability for the tax year may be credited to 1 39 the tax liability for the following seven years or 1 40 until depleted, whichever occurs earlier. Subject to 1 41 prior approval by the department of economic 1 42 development in consultation with the department of 1 43 revenue and finance, an eligible business whose 1 44 project primarily involves the production of value- 1 45 added agricultural products may elect to transfer all 1 46 or a portion of an unused tax credit to any other 1 47 person. A tax credit shall only be transferred once 1 48 and the transferee shall not make a subsequent 1 49 transfer of the tax credit. The transferee may use 1 50 the amount of the tax credit transferred against a tax 2 1 liability imposed under chapter 422, division II, III, 2 2 or V for any tax year the original transferor could 2 3 have claimed the credit. If the business is a 2 4 partnership, subchapter S corporation, limited 2 5 liability company, or estate or trust electing to have 2 6 the income taxed directly to the individual, an 2 7 individual may claim the tax credit allowed. The 2 8 amount claimed by the individual shall be based upon 2 9 the pro rata share of the individual's earnings of the 2 10 partnership, subchapter S corporation, limited 2 11 liability company, or estate or trust. For purposes 2 12 of this section, "new investment directly related to 2 13 new jobs created by the location or expansion of an 2 14 eligible business under the program" means the cost of 2 15 machinery and equipment, as defined in section 427A.1, 2 16 subsection 1, paragraphs "e" and "j", purchased for 2 17 use in the operation of the eligible business, the 2 18 purchase price of which has been depreciated in 2 19 accordance with generally accepted accounting 2 20 principles, and the cost of improvements made to real 2 21 property which is used in the operation of the 2 22 eligible business and which receives a partial 2 23 property tax exemption for the actual value added 2 24 under section 15.332. 2 25 1A. Any consideration received for a transfer of a 2 26 tax credit pursuant to subsection 1 shall not be 2 27 included as income under chapter 422, division II, 2 28 III, or V. Any consideration paid for a transfer of a 2 29 tax credit pursuant to subsection 1 shall not be 2 30 deducted from income under chapter 422, division II, 2 31 III, or V. The amount of the new investment directly 2 32 related to new jobs created by the location or 2 33 expansion of an eligible business under the program 2 34 which equals the tax credit claimed shall not be 2 35 deducted by the transferor from income under chapter 2 36 422, division II, III, or V. 2 37 1B. An eligible business whose project primarily 2 38 involves the production of value-added agricultural 2 39 products shall apply to the department of economic 2 40 development for tax credit certificates. An eligible 2 41 business whose project primarily involves the 2 42 production of value-added agricultural products shall 2 43 not claim a tax credit under this section unless a tax 2 44 credit certificate issued by the department of 2 45 economic development is attached to the taxpayer's tax 2 46 return for the tax year during which the tax credit is 2 47 claimed. A tax credit certificate shall not be valid 2 48 until the tax year following the date of the project 2 49 completion. A tax credit certificate shall contain 2 50 the taxpayer's name, address, tax identification 3 1 number, the date of project completion, the amount of 3 2 the tax credit, other information required by the 3 3 department of revenue and finance, and a place for the 3 4 name and tax identification number of a transferee and 3 5 the amount of the tax credit being transferred. The 3 6 department of economic development shall not issue tax 3 7 credit certificates which total more than four million 3 8 dollars during a fiscal year. 3 9 Sec. 3. Section 159A.6, subsection 2, unnumbered 3 10 paragraph 2, Code 1999, is amended to read as follows: 3 11 The committee shall develop standards fordecalsa 3 12 decal required pursuant to section 214A.16, which 3 13 shall be designed to promote the advantages of using 3 14renewable fuelsdiesel fuel containing more than one 3 15 percent soybean oil by volume. The standards may be 3 16 incorporated within a model decal adopted by the 3 17 committee and approved by the office. 3 18 Sec. 4. Section 214A.1, Code 1999, is amended to 3 19 read as follows: 3 20 214A.1 DEFINITIONS. 3 21 The following definitions shall apply to the 3 22 various terms used in this chapter: 3 23 1. "A.S.T.M." means the American society for 3 24 testing and materials. 3 252. "Motor vehicle fuel" means a substance or3 26combination of substances which is intended to be or3 27is capable of being used for the purpose of propelling3 28or running by combustion any internal combustion3 29engine and is kept for sale or sold for that purpose.3 30The products commonly known as kerosene and distillate3 31or petroleum products of lower gravity (Baume scale),3 32when not used to propel a motor vehicle or for3 33compounding or combining with a motor vehicle fuel,3 34are exempt from this chapter except as provided in3 35section 214A.2A.3 36 2. "Dealer" means a retail dealer or a wholesale 3 37 dealer. 3 38 3. "Gasoline" means a motor vehicle fuel which is 3 39 not any of the following: 3 40 a. Diesel fuel. 3 41 b. Aviation gasoline or special fuel as defined in 3 42 section 452A.2. 3 43 4. "Gasoline station" means the location of a 3 44 profit or nonprofit business where gasoline is offered 3 45 for sale by a retail dealer. 3 46 5. "Motor vehicle" means a self-propelled vehicle 3 47 that operates using gasoline, including but not 3 48 limited to any of the following: 3 49 a. An automobile as defined in section 321.1. 3 50 b. A motor truck as defined in section 321.1. 4 1 c. A motor bus as used in section 452A.57. 4 2 d. A motorcycle as defined in section 321.1. 4 3 e. A watercraft as defined in section 462A.2. 4 4 f. An off-road vehicle which is a snowmobile or an 4 5 all-terrain vehicle as defined in section 321G.1. 4 6 6. "Motor vehicle fuel" means the same as defined 4 7 in section 214.1. 4 8 7. "Motor vehicle fuel container" means a 4 9 container used for the temporary storage of motor 4 10 vehicle fuel by the consumer of that motor vehicle 4 11 fuel. 4 12 8. "Motor vehicle fuel pump" or "pump" means the 4 13 same as defined in section 214.1. 4 14 9. "Offer for sale" means to make an offer to sell 4 15 motor vehicle fuel on a retail basis. 4 163.10. "Oxygenate octane enhancer" means oxygen- 4 17 containing compounds, including but not limited to 4 18 alcohols, ethers, or ethanol. 4 19 11. "Oxygenated gasoline" means gasoline that 4 20 contains an oxygenate octane enhancer as provided in 4 21 section 214A.2. 4 22 12. "Qualified motor vehicle" means a motor 4 23 vehicle that is any of the following: 4 24 a. A watercraft. 4 25 b. A motorcycle. 4 26 c. An antique vehicle registered under section 4 27 321.115. 4 28 d. An off-road vehicle that is a snowmobile or an 4 29 all-terrain vehicle. 4 30 13. "Raceway" means an enclosed area in which 4 31 there is located a public or private road used for 4 32 racing. 4 334.14. "Retail dealer"shall mean and include any4 34 means a person, firm, partnership, association, or4 35corporationwho operates, maintains, or conducts, 4 36 either in person, or by any agent, employee, or 4 37 servant, any place of business, filling station, pump4 38station, or tank wagon,from whichanymotor vehicle 4 39 fuel, as defined herein,is sold or offered for sale, 4 40 at retail, or to the final or ultimate consumer. 4 415.15. "Wholesale dealer"shall mean and include4 42anymeans a person,firm, partnership, association, or4 43corporation,other than a retaildealers as defined in4 44subsection 3 of this section, who sells, keeps, or4 45holds, for sale, or purchasedealer who provides motor 4 46 vehicle fuel forthe purpose ofsale within this 4 47 state, any motor vehicle fuel. 4 48 16. "Unoxygenated gasoline" means gasoline other 4 49 than oxygenated gasoline. 4 50 Sec. 5. Section 214A.2, subsection 1, Code 5 1 Supplement 1999, is amended to read as follows: 5 2 1. a. Thesecretarydepartment shall adopt rules 5 3 pursuant to chapter 17A for carrying out this chapter. 5 4 The rulesmayshall include, but are not limited to, 5 5 establishing specifications relating to motor vehicle 5 6 fuel or oxygenate octane enhancers. 5 7 b. In the interest of uniformity, thesecretary5 8 department shall adopt rules, by reference or 5 9 otherwise, to establish specifications relating to 5 10 tests and standards for motor vehicle fuel or 5 11 oxygenate octane enhancers, established. The 5 12 specifications shall be based on those established by 5 13 the American society for testing and materials 5 14 (A.S.T.M.), unless thesecretarydepartment determines 5 15 that those specifications are inconsistent with this 5 16 chapter or are not appropriate to the conditions which 5 17 exist in this state. 5 18 c. The department shall not use Reid vapor 5 19 pressure tests more frequently to test oxygenated 5 20 gasoline than customarily required to test 5 21 unoxygenated gasoline. 5 22 Sec. 6. Section 214A.2, Code Supplement 1999, is 5 23 amended by adding the following new subsection: 5 24 NEW SUBSECTION. 1A. An oxygenated gasoline must 5 25 contain at least three and five-tenths percent oxygen 5 26 by weight. 5 27 Sec. 7. Section 214A.2A, Code 1999, is amended to 5 28 read as follows: 5 29 214A.2A KEROSENELABELINGAND LOW GRAVITY 5 30 PETROLEUM PRODUCTS. 5 31 1. Except as provided in subsection 2, products 5 32 commonly known as kerosene and distillate or petroleum 5 33 products of lower gravity (Baume scale), when not used 5 34 to propel a motor vehicle or for compounding or 5 35 combining with a motor vehicle fuel, are exempt from 5 36 this chapter. 5 37 2. Fuel which is sold or is kept, offered, or 5 38 exposed for sale as kerosene shall be labeled as 5 39 kerosene. The label shall include the word "kerosene" 5 40 and a designation as either "K1" or "K2", and shall 5 41 indicate that the kerosene is in compliance with the 5 42 standard specification adopted by the A.S.T.M. in 5 43 specification D-3699 (1982). 5 44 Sec. 8. Section 214A.4, Code 1999, is amended to 5 45 read as follows: 5 46 214A.4 INTRASTATE SHIPMENTS. 5 47 Awholesaledealeror retail dealershall not 5 48 receive or sell or hold for sale, within this state, 5 49anymotor vehicle fuel or an oxygenate octane enhancer 5 50for which specifications are prescribed in this6 1chapter, unlesstheall of the following apply: 6 2 1. The motor vehicle fuel is subject to 6 3 specifications required in this chapter, other than 6 4 standards relating to the oxygen content of oxygenated 6 5 gasoline as provided pursuant to section 214A.2. 6 6 2. The dealerfirst securesreceives from the 6 7 refiner or producer of the motor vehicle fuel or 6 8 oxygenate octane enhancer, a certified statement,6 9verified by the oath ofby acompetentchemist 6 10 qualified according to requirements of the department, 6 11 who is employed by orrepresentingrepresents the 6 12 refiner or producer, showing. The statement shall 6 13 certify that thetrue standards and tests of themotor 6 14 vehicle fuel or oxygenate octane enhancer, obtained by6 15the methods referred tosatisfies specifications for 6 16 the motor vehicle fuel or oxygenate octane enhancer as 6 17 required by the department pursuant to section 214A.2. 6 18 The statement shall be based on tests and standards 6 19 approved by the department as provided in section 6 20 214A.2. Theverified tests are required andstatement 6 21 must accompany the bill of lading or shipping 6 22 documents representing the shipment of the motor 6 23 vehicle fuel or oxygenate octane enhancer into this 6 24 state before the shipment can be received and 6 25 unloaded, and shall be included with any cargo 6 26 documents required pursuant to section 452A.12. 6 27 Sec. 9. Section 214A.16, Code 1999, is amended to 6 28 read as follows: 6 29 214A.16 NOTICEOF BLENDED FUEL DECALON MOTOR 6 30 VEHICLE FUEL PUMPS. 6 31 1.All motor vehicle fuel kept, offered, or6 32exposed for sale, or sold at retail containing over6 33one percent ethanol, methanol, or any combination of6 34oxygenate octane enhancers shall be identified as6 35"with" either "ethanol", "methanol",6 36"ethanol/methanol", or similar wording onA retail 6 37 dealer shall place a decal on a motor vehicle fuel 6 38 pump that dispenses motor vehicle fuel as required in 6 39 this section. The decal shall identify the motor 6 40 vehicle fuel as follows: 6 41 a. If the motor vehicle fuel is unoxygenated 6 42 gasoline, the decal shall state the following: 6 43 "Nonoxygenated gasoline only for use in antique 6 44 vehicles, off-road vehicles, motorcycles, watercraft, 6 45 or small engines." 6 46 b.AllIf the motor vehicle fuel is diesel fuel 6 47kept, offered, or exposed for sale, or sold at retail6 48 containingovermore than one percent soybean oil by 6 49 volume the decal shallbe identifiedidentify the 6 50 diesel fuel as "with soydiesel" or similar wording on 7 1 a decal. 7 2 2. The design and location of the decals shall be 7 3 prescribed by rules adopted by the department.The7 4department shall adopt the rules to be effective by7 5January 1, 1995.A decal identifying arenewable7 6 diesel fuel containing more than one percent soybean 7 7 oil by volume shall be consistent with standards 7 8 adopted pursuant to section 159A.6.Until the7 9department establishes standards for decals, the7 10wording shall be on a white adhesive decal with black7 11letters at least one-half inch high and at least one-7 12quarter inch wide placed between thirty and forty7 13inches above the driveway level on the front sides of7 14any container or pump from which the motor fuel is7 15sold.The department may approve an application to 7 16 place a decal in a special location on a pump or 7 17 container or use a decal with special lettering or 7 18 colors, if the decal appears clear and conspicuous to 7 19 the consumer. The application shall be made in 7 20 writing pursuant to procedures adopted by the 7 21 department.Designs for a decal identifying a7 22renewable fuel shall be consistent with standards7 23adopted pursuant to section 159A.6.7 24 Sec. 10. NEW SECTION. 214A.21 GASOLINE 7 25 REQUIREMENTS. 7 26 1. Except as provided in this section, a person 7 27 shall not offer for sale gasoline other than 7 28 oxygenated gasoline in this state. 7 29 2. This section shall not apply to gasoline used 7 30 to operate any of the following: 7 31 a. An aircraft as defined in section 328.1. 7 32 b. A motor vehicle used exclusively for motor 7 33 sports, including a raceway, if the motor vehicle 7 34 cannot operate on a highway as provided in chapter 321 7 35 or rules adopted by the state department of 7 36 transportation. 7 37 3. A person may offer for sale unoxygenated 7 38 gasoline only as provided in this subsection. All 7 39 unoxygenated gasoline offered for sale in this state 7 40 must be unleaded gasoline as provided in section 7 41 214A.2. The unoxygenated gasoline shall only be 7 42 offered for sale for one of the following purposes: 7 43 a. The operation of a qualified motor vehicle or a 7 44 small engine. 7 45 b. The temporary storage of unoxygenated gasoline 7 46 in a small motor vehicle fuel container. The small 7 47 motor vehicle fuel container shall meet all of the 7 48 following requirements: 7 49 (1) It shall comply with the standards set forth 7 50 in section 214A.15, or rules adopted by the 8 1 department. 8 2 (2) It shall have a capacity of not more than six 8 3 gallons. 8 4 c. A retail dealer shall only offer for sale 8 5 unoxygenated gasoline at a gasoline station. 8 6 Sec. 11. Section 452A.3, subsection 2, Code 8 7 Supplement 1999, is amended to read as follows: 8 8 2.a.For the privilege of operating aircraft in 8 9 this state an excise tax of eight cents per gallon is 8 10 imposed on the use of all aviation gasoline. 8 11b. For the privilege of operating motor vehicles8 12in this state, an excise tax of nineteen cents per8 13gallon until June 30, 2007, is imposed upon the use of8 14motor fuel containing at least ten percent alcohol8 15distilled from cereal grains grown in the United8 16States and used for any purpose except as otherwise8 17provided in this division.8 18 Sec. 12. Section 452A.12, Code 1999, is amended to 8 19 read as follows: 8 20 452A.12 LOADING AND DELIVERY EVIDENCE ON 8 21 TRANSPORTATION EQUIPMENT. 8 22 1. As used in this section, unless the context 8 23 otherwise requires: 8 24 a. "Cargo document" means a manifest or loading 8 25 and delivery evidence as provided in this section. 8 26 b. "Gasoline" means the same as defined in section 8 27 214A.1. 8 28 c. "Oxygenated gasoline" means the same as defined 8 29 in section 214A.1. 8 30 d. "Oxygenate octane enhancer" means the same as 8 31 defined in section 214A.1. 8 32 2. A cargo document shall describe any 8 33 transportation of motor fuel as required in this 8 34 section. 8 35 2A. a. Aserially numbered manifestcargo 8 36 document shall be carried on every vehicle, except 8 37 small tank wagons, while in use in transportation 8 38 service, on which shall be entered the following. The 8 39 cargo document shall be a serially numbered manifest. 8 40 The manifest shall include informationas toabout the 8 41 cargo of motor fuel or special fuel being moved in the 8 42 vehicle as required by the department, including all 8 43 of the following: 8 44 (1) The date and place of loading,and the place 8 45to be unloaded, theof unloading the cargo. 8 46 (2) The person for whomitthe cargo is to be 8 47 delivered, the. 8 48 (3) The nature and kind of product, thebeing 8 49 delivered. The manifest shall state whether the motor 8 50 fuel is gasoline or another type of motor fuel. 9 1 (4) The amount of product,and other information9 2required by the departmentincluding the number of 9 3 gallons of motor fuel being delivered. 9 4 (5) If the motor fuel is gasoline, the manifest 9 5 shall include provisions required in subsection 4. 9 6 b. The manifest for small tank wagons shall be 9 7 retained at the home office. The manifest covering 9 8 each load transported, upon consummation of the 9 9 delivery, shall be completed by showing the date and 9 10 place of actual delivery and the person to whom 9 11 actually delivered and shall be kept as a permanent 9 12 record for a period of three years.However, theThe 9 13 record of the manifest of past cargoesneedis not 9 14 required to be carried on the conveyance but shall be 9 15 preserved by the carrier for inspection by the 9 16 department. A carrier subject to this subsection when 9 17 distributing for a licensee may with the approval of 9 18 the department substitute the loading and delivery 9 19 evidence required in subsection2 for3 in lieu of the 9 20 manifest. 9 212.3. A person while transporting motor fuel or 9 22 undyed special fuel from a refinery or marine or 9 23 pipeline terminal in this state or from a point 9 24 outside this state over the highways of this state in 9 25 service other than that under subsection12A shall 9 26 carry in the vehicle aloading invoicecargo document 9 27 which shall be loading and delivery evidence showing 9 28 all of the following: 9 29 a. The name and address of the seller or 9 30 consignor, the. 9 31 b. The date and place of loading, and the. 9 32 c. The kind and quantity of motor fuel or special 9 33 fuel loaded, together with invoices. The loading and 9 34 delivery evidence shall state whether the motor fuel 9 35 is gasoline or another type of motor fuel. 9 36 d. Invoices showing the kind and quantity of each 9 37 delivery and the name and address of each purchaser or 9 38 consignee. If the motor fuel is gasoline, the invoice 9 39 shall state the number of gallons of gasoline being 9 40 delivered. The loading invoice shall include 9 41 provisions required in subsection 4. 9 42 4. a. Except as provided in paragraph "b", if the 9 43 cargo is gasoline, the cargo document shall identify 9 44 the volume percentage or gallons of oxygenate octane 9 45 enhancers in the gasoline, and the octane number for 9 46 the gasoline as provided in section 214A.2. The cargo 9 47 document shall include a statement printed in at least 9 48 ten-point boldface type. The statement shall provide 9 49 as follows: 9 50 (1) If the motor fuel is oxygenated gasoline, the 10 1 statement shall provide: "This motor fuel is 10 2 oxygenated gasoline legal for sale in this state as 10 3 provided by Iowa Code chapter 214A." 10 4 (2) If the motor fuel is not oxygenated gasoline, 10 5 the statement shall provide: "This motor fuel is 10 6 nonoxygenated gasoline legal for restricted retail 10 7 sale in this state as provided in Iowa Code chapter 10 8 214A." 10 9 b. This subsection shall not apply to the 10 10 transport of gasoline between refineries, between 10 11 terminals, or between a refinery and a terminal. 10 12 Sec. 13. Section 455G.9, subsection 1, Code 10 13 Supplement 1999, is amended by adding the following 10 14 new paragraph: 10 15 NEW PARAGRAPH. k. Up to one hundred percent of 10 16 the costs necessary to reimburse the owner or operator 10 17 for costs associated with converting a fiberglass 10 18 motor vehicle fuel storage tank or storage tank piping 10 19 used to transport oxygenated gasoline from a 10 20 fiberglass storage tank to a pump as required pursuant 10 21 to chapter 214A, pursuant to section 455G.23. 10 22 However, the owner or operator shall not be reimbursed 10 23 more than ten thousand dollars for converting a 10 24 fiberglass storage tank or more than three thousand 10 25 dollars for converting storage tank piping. 10 26 Sec. 14. NEW SECTION. 455G.23 CONVERSION 10 27 NECESSARY TO STORE AND DISPENSE OXYGENATED GASOLINE. 10 28 1. As used in this section: 10 29 a. "Fiberglass storage tank" means a storage tank 10 30 that is fiberglass or fiberglass-lined when 10 31 manufactured. 10 32 b. "Oxygenated gasoline" means oxygenated gasoline 10 33 as defined in section 214A.1. 10 34 c. "Storage tank" means a storage container that 10 35 is a fixture on the surface or underground on the 10 36 premises of a gasoline station as defined in section 10 37 214A.1 that is used to store and dispense gasoline to 10 38 customers on a retail basis. 10 39 d. "Storage tank equipment" means a storage tank 10 40 or storage tank piping. 10 41 e. "Storage tank piping" means any rigid or 10 42 flexible piping used to transport motor fuel from a 10 43 storage tank to a motor vehicle fuel pump as defined 10 44 in section 214A.1. 10 45 2. The board shall establish a program to 10 46 reimburse the owner or operator of a site for costs 10 47 necessary to convert a fiberglass storage tank or 10 48 storage tank piping for use in storing or dispensing 10 49 oxygenated gasoline as provided pursuant to chapter 10 50 214A. The conversion may be the replacement of 11 1 storage tank equipment or modifications necessary for 11 2 the storage and dispensing of oxygenated gasoline. 11 3 3. In order to be eligible for reimbursement, all 11 4 of the following must apply: 11 5 a. The site must be located at a gasoline station 11 6 as defined in section 214A.1. 11 7 b. The site must comply with federal and state 11 8 standards governing new or upgraded storage tank 11 9 equipment. 11 10 4. The owner or operator shall apply to the board 11 11 in a manner and according to procedures required by 11 12 the board. The application shall contain all 11 13 information required by the board and shall at least 11 14 include all of the following: 11 15 a. The name of the owner or operator and the 11 16 address of the gasoline station. 11 17 b. A detailed description of the storage tank 11 18 equipment, including all of the following: 11 19 (1) The location of the storage tank equipment on 11 20 the premises of the gasoline station. 11 21 (2) The date that the storage tank equipment was 11 22 installed on the premises of the gasoline station. 11 23 (3) The model number of the storage tank 11 24 equipment, if available. 11 25 (4) A statement that the conversion necessary to 11 26 store oxygenated fuel in the fiberglass storage tank 11 27 or dispense oxygenated fuel using storage tank piping 11 28 has not begun or been completed since the date of 11 29 installation. 11 30 c. One of the following: 11 31 (1) A statement certified by the manufacturer of 11 32 the storage tank equipment verifying that the storage 11 33 tank equipment is not warranted for the storage or 11 34 dispensing of oxygenated fuel. 11 35 (2) A letter signed by an agent or representative 11 36 of two property and casualty insurers of petroleum 11 37 equipment recognized by the board. Each letter must 11 38 state that the storage tank equipment is not insurable 11 39 for the storage or dispensing of oxygenated fuel under 11 40 policies customarily issued by the insurer covering 11 41 storage tank equipment. 11 42 5. A site classified as a no further action site 11 43 pursuant to a certificate issued by the department 11 44 under section 455B.474 shall retain its classification 11 45 following modifications necessary to store and 11 46 dispense oxygenated gasoline, and the owner operator 11 47 shall not be required to perform a new site assessment 11 48 unless the site causes a clear, present, and impending 11 49 danger to the public health or the environment. 11 50 Sec. 15. STUDY ALTERNATIVE FUELS. 12 1 1. As used in this section, "alternative fuels" 12 2 means electricity, compressed natural gas, liquefied 12 3 natural gas, biodiesel fuels, gasoline containing a 12 4 mixture of eighty-five or more percent ethanol, and 12 5 gasoline containing eighty-five percent or more 12 6 methanol. 12 7 2. The department of revenue and finance, in 12 8 consultation with the state department of 12 9 transportation, shall conduct a study regarding 12 10 methods to tax alternative fuels, including the amount 12 11 of revenue raised from such methods, in order to 12 12 ensure that such fuels are taxed on the same basis as 12 13 conventional motor vehicle fuels. 12 14 3. The department of revenue and finance shall 12 15 submit its report to the general assembly not later 12 16 than January 10, 2001. 12 17 Sec. 16. This Act is repealed July 1, 2008. The 12 18 Code editor is directed to recodify the Code 12 19 provisions amended in this Act, returning them to the 12 20 form in which they appeared in the 1999 Code or 1999 12 21 Code Supplement. 12 22 Sec. 17. EFFECTIVE DATES. 12 23 1. Except as provided in subsection 2, this Act 12 24 takes effect on October 21, 2002. 12 25 2. Section 15, relating to a fuel study, takes 12 26 effect July 1, 2000. Section 15.333, as amended by 12 27 this Act, takes effect on July 1, 2000. 12 28 Sec. 18. APPLICABILITY. The amendment to section 12 29 15.333 in this Act applies to tax years beginning on 12 30 and after July 1, 2000." 12 31 #2. Title page, line 1, by striking the words 12 32 "health enhancement" and inserting the following: 12 33 "healthy environmental". 12 34 #3. Title page, line 3, by inserting after the 12 35 word "penalties" the following: "and effective 12 36 dates". 12 37 12 38 12 39 12 40 PATRICIA HARPER 12 41 BETTY A. SOUKUP 12 42 JOHN P. KIBBIE 12 43 MARK SHEARER 12 44 JOHN JUDGE 12 45 SF 2448.509 78 12 46 da/as
Text: S05394 Text: S05396 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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