Text: SF02086 Text: SF02088 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 214A.1, Code 1999, is amended to read 1 2 as follows: 1 3 214A.1 DEFINITIONS. 1 4 The following definitions shall apply to the various terms 1 5 used in this chapter: 1 6 1. "A.S.T.M." means the American society for testing and 1 7 materials. 1 82. "Motor vehicle fuel" means a substance or combination1 9of substances which is intended to be or is capable of being1 10used for the purpose of propelling or running by combustion1 11any internal combustion engine and is kept for sale or sold1 12for that purpose. The products commonly known as kerosene and1 13distillate or petroleum products of lower gravity (Baume1 14scale), when not used to propel a motor vehicle or for1 15compounding or combining with a motor vehicle fuel, are exempt1 16from this chapter except as provided in section 214A.2A.1 17 2. "Dealer" means a retail dealer or a wholesale dealer. 1 18 3. "Dispense" means to do any of the following: 1 19 a. Sell motor vehicle fuel on a retail basis. 1 20 b. Place motor vehicle fuel in the fuel tank of a motor 1 21 vehicle or small engine for the operation of that motor 1 22 vehicle or small engine. 1 23 c. Place motor vehicle fuel in or remove motor vehicle 1 24 fuel from a motor vehicle fuel container, including for 1 25 storage in a motor vehicle fuel storage tank or transfer by 1 26 motor vehicle storage tank piping. 1 27 4. "Fiberglass motor vehicle fuel storage tank" or 1 28 "fiberglass storage tank" means a motor vehicle fuel storage 1 29 tank that is fiberglass or fiberglass lined when manufactured. 1 30 5. "Gasoline" means a motor vehicle fuel which is not any 1 31 of the following: 1 32 a. Diesel fuel. 1 33 b. Aviation gasoline or special fuel as defined in section 1 34 452A.2. 1 35 6. "Gasoline station" means the location of a profit or 2 1 nonprofit business where gasoline is dispensed by a retail 2 2 dealer. 2 3 7. "Motor vehicle" means a self-propelled vehicle that 2 4 operates using gasoline, including but not limited to any of 2 5 the following: 2 6 a. An automobile as defined in section 321.1. 2 7 b. A motor truck as defined in section 321.1. 2 8 c. A motor bus as used in section 452A.57. 2 9 d. A motorcycle as defined in section 321.1. 2 10 e. A watercraft as defined in section 462A.2. 2 11 f. An off-road vehicle which is a snowmobile or an all- 2 12 terrain vehicle as defined in section 321G.1. 2 13 8. "Motor vehicle fuel" means the same as defined in 2 14 section 214.1. 2 15 9. "Motor vehicle fuel container" means a container used 2 16 for the temporary storage of motor vehicle fuel by the 2 17 consumer of that motor vehicle fuel. 2 18 10. "Motor vehicle fuel pump" or "pump" means the same as 2 19 defined in section 214.1. 2 20 11. "Motor vehicle fuel storage tank" or "storage tank" 2 21 means a tank that is a fixture on the surface or underground 2 22 on the premises of a gasoline station, if the tank and piping 2 23 are used to store and dispense gasoline to customers on a 2 24 retail basis. 2 25 12. "Motor vehicle fuel storage tank equipment" or 2 26 "storage tank equipment" means a motor vehicle fuel storage 2 27 tank and motor vehicle fuel storage tank piping. 2 28 13. "Motor vehicle fuel storage tank piping" or "storage 2 29 tank piping" means any rigid or flexible piping used to 2 30 transport motor vehicle fuel from a motor vehicle fuel storage 2 31 tank to a motor vehicle storage tank pump. 2 323.14. "Oxygenate octane enhancer" means oxygen-containing 2 33 compounds, including but not limited to alcohols, ethers, or 2 34 ethanol. 2 35 15. "Oxygenated gasoline" means gasoline that contains an 3 1 oxygenate octane enhancer as provided in section 214A.2. 3 2 16. "Qualified motor vehicle" means a motor vehicle that 3 3 is any of the following: 3 4 a. A watercraft. 3 5 b. A motorcycle. 3 6 c. An antique vehicle registered under section 321.115. 3 7 d. An off-road vehicle that is a snowmobile or an all- 3 8 terrain vehicle. 3 9 17. "Raceway" means an enclosed area in which there is 3 10 located a public or private road used for racing. 3 114.18. "Retail dealer"shall mean and include anymeans a 3 12 person, firm, partnership, association, or corporationwho 3 13 operates, maintains, or conducts, either in person, or by any 3 14 agent, employee, or servant, any place of business, filling3 15station, pump station, or tank wagon,from whichanymotor 3 16 vehicle fuel, as defined herein,is sold or offered for sale, 3 17 at retail, or to the final or ultimate consumer. 3 185.19. "Unoxygenated gasoline" means gasoline other than 3 19 oxygenated gasoline. 3 20 20. "Wholesale dealer"shall mean and include anymeans a 3 21 person,firm, partnership, association, or corporation,other 3 22 than a retaildealers as defined in subsection 3 of this3 23section, who sells, keeps, or holds, for sale, or purchase3 24 dealer, who provides motor vehicle fuel forthe purpose of3 25 sale within this state, any motor vehicle fuel. 3 26 Sec. 2. Section 214A.2, subsection 1, Code Supplement 3 27 1999, is amended to read as follows: 3 28 1. a. Thesecretarydepartment shall adopt rules pursuant 3 29 to chapter 17A for carrying out this chapter. The rulesmay3 30 shall include, but are not limited to, establishing 3 31 specifications relating to motor vehicle fuel or oxygenate 3 32 octane enhancers. 3 33 b. In the interest of uniformity, thesecretarydepartment 3 34 shall adopt rules, by reference or otherwise, to establish 3 35 specifications relating to tests and standards for motor 4 1 vehicle fuel or oxygenate octane enhancers, established. The 4 2 specifications shall be based on those established by the 4 3 American society for testing and materials (A.S.T.M.), unless 4 4 thesecretarydepartment determines that those specifications 4 5 are inconsistent with this chapter or are not appropriate to 4 6 the conditions which exist in this state. 4 7 Sec. 3. Section 214A.2, Code Supplement 1999, is amended 4 8 by adding the following new subsection: 4 9 NEW SUBSECTION. 1A. An oxygenated gasoline must contain 4 10 at least three and five-tenths percent oxygen by weight. 4 11 Sec. 4. Section 214A.2A, Code 1999, is amended to read as 4 12 follows: 4 13 214A.2A KEROSENELABELINGAND LOW GRAVITY PETROLEUM 4 14 PRODUCTS. 4 15 1. Fuel which is sold or is kept, offered, or exposed for 4 16 sale as kerosene shall be labeled as kerosene. The label 4 17 shall include the word "kerosene" and a designation as either 4 18 "K1" or "K2", and shall indicate that the kerosene is in 4 19 compliance with the standard specification adopted by the 4 20 A.S.T.M. in specification D-3699 (1982). 4 21 2. Kerosene and distillate or petroleum products of lower 4 22 gravity (Baume scale), when not used to propel a motor vehicle 4 23 or compounded or combined with a motor vehicle fuel, are 4 24 exempt from this chapter. 4 25 Sec. 5. Section 214A.4, Code 1999, is amended to read as 4 26 follows: 4 27 214A.4 INTRASTATE SHIPMENTS. 4 28 Awholesaledealeror retail dealershall not receive or 4 29 sell or hold for sale, within this state,anymotor vehicle 4 30 fuel or an oxygenate octane enhancerfor which specifications4 31are prescribed in this chapter, unlesstheall of the 4 32 following apply: 4 33 1. The motor vehicle fuel is subject to specifications 4 34 required in this chapter, other than standards relating to the 4 35 oxygen content of oxygenated gasoline as provided pursuant to 5 1 section 214A.2. 5 2 2. The dealerfirst securesreceives from the refiner or 5 3 producer of the motor vehicle fuel or oxygenate octane 5 4 enhancer, a certified statement, verified by the oath ofby a 5 5competentchemist qualified according to requirements of the 5 6 department, who is employed by orrepresentingrepresents the 5 7 refiner or producer, showing. The statement shall certify 5 8 that thetrue standards and tests of themotor vehicle fuel or 5 9 oxygenate octane enhancer, obtained by the methods referred to5 10 satisfies specifications for the motor vehicle fuel as 5 11 required by the department pursuant to section 214A.2. The 5 12 statement shall be based on tests and standards approved by 5 13 the department as provided in section 214A.2. Theverified5 14tests are required andstatement must accompany the bill of 5 15 lading or shipping documents representing the shipment of the 5 16 motor vehicle fuel or oxygenate octane enhancer into this 5 17 state before the shipment can be received and unloaded, and 5 18 shall be included with any cargo documents required pursuant 5 19 to section 452A.12. 5 20 Sec. 6. Section 214A.16, Code 1999, is amended to read as 5 21 follows: 5 22 214A.16 NOTICEOF BLENDED FUEL – DECALON MOTOR VEHICLE 5 23 FUEL PUMPS. 5 24 1.All motor vehicle fuel kept, offered, or exposed for5 25sale, or sold at retail containing overA retail dealer shall 5 26 place a decal on the motor vehicle fuel pump that dispenses 5 27 motor vehicle fuel identifying the fuel as follows: 5 28 a. If the motor vehicle fuel is gasoline containing more 5 29 than one percent ethanol, methanol, or any combination of 5 30 oxygenate octane enhancersshall be identified as "with"5 31eitherthe decal shall identify the gasoline as containing 5 32 "ethanol", "methanol", "ethanol/methanol", or similar wording 5 33on a decal. 5 34 b. If the motor vehicle fuel is unoxygenated gasoline, the 5 35 decal shall state the following: "unoxygenated gasoline only 6 1 for use in antique vehicles, off-road vehicles, motorcycles, 6 2 watercraft, or small engines." 6 3 c.AllIf the motor vehicle fuel is diesel fuelkept,6 4offered, or exposed for sale, or sold at retailcontaining 6 5overmore than one percent soybean oil by volume the decal 6 6 shallbe identifiedidentify the diesel fuel as "with 6 7 soydiesel" or similar wording on a decal. 6 8 2. The design and location of the decals shall be 6 9 prescribed by rules adopted by the department. The department 6 10 shall adopt the rules to be effective by January 1,19952001. 6 11 A decal identifying a renewable fuel shall be consistent with 6 12 standards adopted pursuant to section 159A.6.Until the6 13department establishes standards for decals, the wording shall6 14be on a white adhesive decal with black letters at least one-6 15half inch high and at least one-quarter inch wide placed6 16between thirty and forty inches above the driveway level on6 17the front sides of any container or pump from which the motor6 18fuel is sold.The department may approve an application to 6 19 place a decal in a special location on a pump or container or 6 20 use a decal with special lettering or colors, if the decal 6 21 appears clear and conspicuous to the consumer. The 6 22 application shall be made in writing pursuant to procedures 6 23 adopted by the department. Designs for a decal identifying a 6 24 renewable fuel shall be consistent with standards adopted 6 25 pursuant to section 159A.6. 6 26 Sec. 7. NEW SECTION. 214A.21 GENERAL REQUIREMENTS. 6 27 1. Except as provided in this section, a person shall not 6 28 dispense gasoline other than oxygenated gasoline in this 6 29 state. 6 30 2. This section shall not apply to gasoline used to 6 31 operate any of the following: 6 32 a. An aircraft as defined in section 328.1. 6 33 b. A motor vehicle used exclusively for motor sports, 6 34 including a raceway, if the motor vehicle cannot operate on a 6 35 highway as provided in chapter 321 or rules adopted by the 7 1 state department of transportation. 7 2 3. A person may dispense unoxygenated gasoline only as 7 3 provided in this subsection. All unoxygenated gasoline 7 4 dispensed in this state shall be premium grade unleaded 7 5 gasoline as provided in section 214A.2. The unoxygenated 7 6 gasoline shall only be dispensed for one of the following 7 7 purposes: 7 8 a. The operation of a qualified motor vehicle or a small 7 9 engine. 7 10 b. The temporary storage of unoxygenated gasoline in a 7 11 small motor vehicle fuel container. The small motor vehicle 7 12 fuel container shall meet all of the following requirements: 7 13 (1) It shall comply with the standards set forth in 7 14 section 214A.15, or rules adopted by the department. 7 15 (2) It shall have a capacity of not more than six gallons. 7 16 c. A retail dealer shall only dispense unoxygenated 7 17 gasoline at a gasoline station. A gas station that is a 7 18 marina, mooring facility, or resort shall only dispense 7 19 unoxygenated gasoline for use by a watercraft. 7 20 Sec. 8. NEW SECTION. 214A.22 MOTOR VEHICLE FUEL STORAGE 7 21 TANK – EQUIPMENT. 7 22 1. A retail dealer shall not install storage tank 7 23 equipment used to store or dispense gasoline, unless the 7 24 storage tank equipment is compatible with the storage and 7 25 dispensing of oxygenated gasoline. 7 26 2. a. Except as provided in this section, a retail dealer 7 27 shall not use more than one motor vehicle fuel storage tank 7 28 and connecting motor vehicle fuel storage tank piping located 7 29 on the premises of a retail gasoline station for dispensing 7 30 nonoxygenated gasoline as provided in section 214A.21. 7 31 b. A retail dealer may use storage tank equipment located 7 32 on the premises of a retail gasoline station for storing and 7 33 dispensing nonoxygenated gasoline, if the storage tank 7 34 equipment is certified as exempt by the department pursuant to 7 35 this section. 8 1 c. In order to receive an exemption certificate, the motor 8 2 vehicle storage tank equipment must be incompatible with the 8 3 storage or dispensing of oxygenated gasoline according to 8 4 manufacturer specifications. If the storage tank equipment is 8 5 a motor vehicle fuel storage tank, it must be a fiberglass 8 6 motor vehicle fuel storage tank. 8 7 3. The department shall grant an exemption certificate 8 8 upon application by the retail dealer in a manner and 8 9 according to procedures approved by the department. The 8 10 application shall contain all information required by the 8 11 department and shall at least include all of the following: 8 12 a. The name of the retail dealer and the address of the 8 13 gasoline station. 8 14 b. A detailed description of the storage tank equipment, 8 15 including all of the following: 8 16 (1) The location of the storage tank equipment on the 8 17 premises of the gasoline station. 8 18 (2) The date that the storage tank equipment was installed 8 19 on the premises of the gasoline station. 8 20 (3) The model number of the storage tank equipment, if 8 21 available. 8 22 (4) A statement certified by the retail dealer that the 8 23 conversion necessary to store oxygenated fuel in the 8 24 fiberglass storage tank or dispense oxygenated fuel using 8 25 storage tank piping has not begun or been completed since the 8 26 date of installation. 8 27 c. A statement certified by the manufacturer of the 8 28 storage tank equipment verifying that the storage tank 8 29 equipment is not warranted for the storage or dispensing of 8 30 oxygenated fuel. 8 31 4. The exemption certificate shall expire upon the earlier 8 32 of the following: 8 33 a. The date that the storage tank equipment is replaced or 8 34 converted with modifications necessary to store or dispense 8 35 oxygenated fuel. The retail dealer shall immediately notify 9 1 the department in writing of the date that the exemption 9 2 certificate expires under this paragraph. 9 3 b. The twenty-year anniversary date of the installation of 9 4 the storage tank equipment. 9 5 5. The department shall extend an exemption certificate 9 6 upon application by the retail dealer in a manner and 9 7 according to procedures approved by the department. The 9 8 application shall contain all information required in order to 9 9 grant a certificate. 9 10 a. The retail dealer may apply for an extension within one 9 11 hundred eighty days from the certificate's expiration date. 9 12 b. The retail dealer may apply for any number of 9 13 additional extensions within one hundred eighty days from the 9 14 last extended certificate's expiration date. The department 9 15 shall grant the extension if the application meets all 9 16 requirements for granting an original certificate. 9 17 c. An extended exemption certificate shall expire upon the 9 18 earlier of the following: 9 19 (1) The date that the storage tank equipment is replaced 9 20 or converted with modifications necessary to store or dispense 9 21 oxygenated fuel. The retail dealer shall immediately notify 9 22 the department in writing of the date that the exemption 9 23 certificate expires under this paragraph. 9 24 (2) The ten-year anniversary date of the expiration of the 9 25 original or an extended certificate. 9 26 Sec. 9. Section 452A.3, subsection 2, Code Supplement 9 27 1999, is amended to read as follows: 9 28 2.a.For the privilege of operating aircraft in this 9 29 state an excise tax of eight cents per gallon is imposed on 9 30 the use of all aviation gasoline. 9 31b. For the privilege of operating motor vehicles in this9 32state, an excise tax of nineteen cents per gallon until June9 3330, 2007, is imposed upon the use of motor fuel containing at9 34least ten percent alcohol distilled from cereal grains grown9 35in the United States and used for any purpose except as10 1otherwise provided in this division.10 2 Sec. 10. Section 452A.12, Code 1999, is amended to read as 10 3 follows: 10 4 452A.12 LOADING AND DELIVERY EVIDENCE ON TRANSPORTATION 10 5 EQUIPMENT. 10 6 1. As used in this section, unless the context otherwise 10 7 requires: 10 8 a. "Cargo document" means a manifest or loading and 10 9 delivery evidence as provided in this section. 10 10 b. "Gasoline" means the same as defined in section 214A.1. 10 11 c. "Oxygenated gasoline" means the same as defined in 10 12 section 214A.1. 10 13 d. "Oxygenate octane enhancer" means the same as defined 10 14 in section 214A.1. 10 15 e. "Premium grade unleaded gasoline" means a gasoline that 10 16 complies with the requirements of section 214A.2. 10 17 2. A cargo document shall describe any transportation of 10 18 motor fuel as required in this section. 10 19 3. a. Aserially numbered manifestcargo document shall 10 20 be carried on every vehicle, except small tank wagons, while 10 21 in use in transportation service, on which shall be entered10 22the following. The cargo document shall be a serially 10 23 numbered manifest. The manifest shall include informationas10 24toabout the cargo of motor fuel or special fuel being moved 10 25 in the vehicle as required by the department, including all of 10 26 the following: 10 27 (1) The date and place of loading,and the placeto be10 28unloaded, theof unloading the cargo. 10 29 (2) The person for whomitthe cargo is to be delivered,10 30the. 10 31 (3) The nature and kind of product, thebeing delivered. 10 32 The manifest shall state whether the motor fuel is gasoline or 10 33 another type of motor fuel. 10 34 (4) The amount of product,and other information required10 35by the departmentincluding the number of gallons of motor 11 1 fuel being delivered. 11 2 (5) If the motor fuel is gasoline, the manifest shall 11 3 include the provisions required in subsection 5. 11 4 b. The manifest for small tank wagons shall be retained at 11 5 the home office. The manifest covering each load transported, 11 6 upon consummation of the delivery, shall be completed by 11 7 showing the date and place of actual delivery and the person 11 8 to whom actually delivered and shall be kept as a permanent 11 9 record for a period of three years.However, theThe record 11 10 of the manifest of past cargoesneedis not required to be 11 11 carried on the conveyance but shall be preserved by the 11 12 carrier for inspection by the department. A carrier subject 11 13 to this subsection when distributing for a licensee may with 11 14 the approval of the department substitute the loading and 11 15 delivery evidence required in subsection2 for4 in lieu of 11 16 the manifest. 11 172.4. A person while transporting motor fuel or undyed 11 18 special fuel from a refinery or marine or pipeline terminal in 11 19 this state or from a point outside this state over the 11 20 highways of this state in service other than that under 11 21 subsection13 shall carry in the vehicle aloading invoice11 22 cargo document which shall be loading and delivery evidence 11 23 showing all of the following: 11 24 a. The name and address of the seller or consignor, the. 11 25 b. The date and place of loading, and the. 11 26 c. The kind and quantity of motor fuel or special fuel 11 27 loaded, together with invoices. The loading and delivery 11 28 evidence shall state whether the motor fuel is gasoline or 11 29 another type of motor fuel. 11 30 d. Invoices showing the kind and quantity of each delivery 11 31 and the name and address of each purchaser or consignee. If 11 32 the motor fuel is gasoline, the invoice shall state the number 11 33 of gallons of gasoline being delivered. The loading invoice 11 34 shall include the provisions required in subsection 5. 11 35 5. a. Except as provided in paragraph "b", if the cargo 12 1 is gasoline, the cargo document shall identify the volume 12 2 percentage or gallons of oxygenate octane enhancers in the 12 3 gasoline, and the octane number for the gasoline as provided 12 4 in section 214A.2. The cargo document shall include a 12 5 statement printed in at least ten-point boldface type. The 12 6 statement shall provide as follows: 12 7 (1) If the motor fuel is oxygenated gasoline, the 12 8 statement shall provide: "This motor fuel is oxygenated 12 9 gasoline legal for sale in this state as provided by Iowa Code 12 10 chapter 214A." 12 11 (2) If the motor fuel is not oxygenated gasoline, one the 12 12 of the following shall apply: 12 13 (a) If the unoxygenated gasoline is a premium grade 12 14 unleaded gasoline, the statement shall provide: "This motor 12 15 fuel is nonoxygenated unleaded premium grade gasoline legal 12 16 for restricted retail sale in this state as provided in Iowa 12 17 Code chapter 214A." 12 18 (b) If the unoxygenated gasoline is not a premium grade 12 19 unleaded gasoline, the statement shall provide: "This motor 12 20 fuel is nonoxygenated gasoline and shall not be sold on a 12 21 retail basis in this state." 12 22 b. This subsection shall not apply to the transport of 12 23 gasoline between refineries, between terminals, or between a 12 24 refinery and a terminal. 12 25 EXPLANATION 12 26 This bill amends Code chapter 214A by prohibiting a person 12 27 from dispensing gasoline other than oxygenated gasoline on a 12 28 retail basis. According to the bill, oxygenated gasoline is 12 29 gasoline with an oxygen content of at least three and five- 12 30 tenths percent. The bill also establishes a number of 12 31 exceptions to this prohibition. The bill's requirement does 12 32 not apply to gasoline used to operate aircraft or motor 12 33 vehicles involved in motor sports events. The requirement 12 34 also does not apply to the dispensing of unoxygenated gasoline 12 35 for certain limited purposes. The bill provides that all 13 1 unoxygenated gasoline dispensed in this state must be premium 13 2 grade unleaded gasoline. In addition, the bill provides that 13 3 unoxygenated gasoline must be dispensed for the operation of a 13 4 qualified motor vehicle or a small engine, or the temporary 13 5 storage of unoxygenated gasoline in a small container. The 13 6 bill requires that a decal must be placed on a motor vehicle 13 7 fuel pump stating the restricted use of the gasoline. 13 8 The bill prohibits a retail dealer from using more than one 13 9 motor fuel vehicle storage tank located on the premises of a 13 10 retail gasoline station for dispensing nonoxygenated gasoline. 13 11 The bill provides an exception, if the tank or related piping 13 12 is incompatible with the storage of oxygenated gasoline, as 13 13 certified by the department of agriculture and land 13 14 stewardship. The bill provides that the certification expires 13 15 on the twenty-year anniversary date of the installation of the 13 16 storage tank or the date that the storage tank equipment is 13 17 replaced or modifications necessary to store and dispense 13 18 oxygenated fuel are completed, whichever occurs earlier. The 13 19 bill allows for multiple ten-year extensions of the 13 20 certificate. 13 21 Code section 214A.11 provides that any person violating the 13 22 provisions of Code chapter 214A is guilty of a simple 13 23 misdemeanor. 13 24 The bill repeals a provision contained in Code section 13 25 452A.2 that provides an one cent reduction in the excise tax 13 26 on gasoline that contains ethanol. 13 27 The bill also amends Code section 452A.12 requiring that 13 28 special information be contained on cargo documents such as 13 29 manifests that are associated with the transportation of motor 13 30 vehicle fuel, including the type of motor vehicle fuel being 13 31 transported, the volume percentage or gallons of oxygenate 13 32 octane enhancers contained in the gasoline, and a notice 13 33 identifying any legal requirements or restrictions upon 13 34 dispensing the gasoline. 13 35 LSB 5465XS 78 14 1 da/cf/24.2
Text: SF02086 Text: SF02088 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Feb 15 03:35:00 CST 2000
URL: /DOCS/GA/78GA/Legislation/SF/02000/SF02087/000203.html
jhf