Text: S05394                            Text: S05396
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5395

Amendment Text

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 for decals a
  3 12 decal required pursuant to section 214A.16, which
  3 13 shall be designed to promote the advantages of using
  3 14 renewable fuels diesel 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 25    2.  "Motor vehicle fuel" means a substance or
  3 26 combination of substances which is intended to be or
  3 27 is capable of being used for the purpose of propelling
  3 28 or running by combustion any internal combustion
  3 29 engine and is kept for sale or sold for that purpose.
  3 30 The products commonly known as kerosene and distillate
  3 31 or petroleum products of lower gravity (Baume scale),
  3 32 when not used to propel a motor vehicle or for
  3 33 compounding or combining with a motor vehicle fuel,
  3 34 are exempt from this chapter except as provided in
  3 35 section 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 16    3. 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 33    4. 14.  "Retail dealer" shall mean and include any
  4 34 means a person, firm, partnership, association, or
  4 35 corporation who operates, maintains, or conducts,
  4 36 either in person, or by any agent, employee, or
  4 37 servant, any place of business, filling station, pump
  4 38 station, or tank wagon, from which any motor 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 41    5. 15.  "Wholesale dealer" shall mean and include
  4 42 any means a person, firm, partnership, association, or
  4 43 corporation, other than a retail dealers as defined in
  4 44 subsection 3 of this section, who sells, keeps, or
  4 45 holds, for sale, or purchase dealer who provides motor
  4 46 vehicle fuel for the purpose of sale 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.  The secretary department shall adopt rules
  5  3 pursuant to chapter 17A for carrying out this chapter.
  5  4 The rules may shall 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, the secretary
  5  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 the secretary department 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  KEROSENE LABELING AND 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    A wholesale dealer or retail dealer shall not
  5 48 receive or sell or hold for sale, within this state,
  5 49 any motor vehicle fuel or an oxygenate octane enhancer
  5 50 for which specifications are prescribed in this
  6  1 chapter, unless the all 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 dealer first secures receives from the
  6  7 refiner or producer of the motor vehicle fuel or
  6  8 oxygenate octane enhancer, a certified statement,
  6  9 verified by the oath of by a competent chemist
  6 10 qualified according to requirements of the department,
  6 11 who is employed by or representing represents the
  6 12 refiner or producer, showing.  The statement shall
  6 13 certify that the true standards and tests of the motor
  6 14 vehicle fuel or oxygenate octane enhancer, obtained by
  6 15 the methods referred to satisfies 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.  The verified tests are required and statement
  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  NOTICE OF BLENDED FUEL – DECAL ON MOTOR
  6 30 VEHICLE FUEL PUMPS.
  6 31    1.  All motor vehicle fuel kept, offered, or
  6 32 exposed for sale, or sold at retail containing over
  6 33 one percent ethanol, methanol, or any combination of
  6 34 oxygenate octane enhancers shall be identified as
  6 35 "with" either "ethanol", "methanol",
  6 36 "ethanol/methanol", or similar wording on A 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.  All If the motor vehicle fuel is diesel fuel
  6 47 kept, offered, or exposed for sale, or sold at retail
  6 48 containing over more than one percent soybean oil by
  6 49 volume the decal shall be identified identify 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.  The
  7  4 department shall adopt the rules to be effective by
  7  5 January 1, 1995.  A decal identifying a renewable
  7  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 the
  7  9 department establishes standards for decals, the
  7 10 wording shall be on a white adhesive decal with black
  7 11 letters at least one-half inch high and at least one-
  7 12 quarter inch wide placed between thirty and forty
  7 13 inches above the driveway level on the front sides of
  7 14 any container or pump from which the motor fuel is
  7 15 sold.  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 a
  7 22 renewable fuel shall be consistent with standards
  7 23 adopted 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 11    b.  For the privilege of operating motor vehicles
  8 12 in this state, an excise tax of nineteen cents per
  8 13 gallon until June 30, 2007, is imposed upon the use of
  8 14 motor fuel containing at least ten percent alcohol
  8 15 distilled from cereal grains grown in the United
  8 16 States and used for any purpose except as otherwise
  8 17 provided 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.  A serially numbered manifest cargo
  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 information as to about 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 45 to be unloaded, the of unloading the cargo.
  8 46    (2)  The person for whom it the cargo is to be
  8 47 delivered, the.
  8 48    (3)  The nature and kind of product, the being
  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 information
  9  2 required by the department including 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, the The
  9 13 record of the manifest of past cargoes need is 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 subsection 2 for 3 in lieu of the
  9 20 manifest.
  9 21    2. 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 subsection 1 2A shall
  9 26 carry in the vehicle a loading invoice cargo 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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