Text: H01633 Text: H01635 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 716 as follows: 1 2 #1. By striking everything after the enacting 1 3 clause and inserting the following: 1 4 "Section 1. Section 214A.1, Code 2001, is amended 1 5 by striking the section and inserting in lieu thereof 1 6 the following: 1 7 214A.1 DEFINITIONS. 1 8 The following definitions shall apply to the 1 9 various terms used in this chapter: 1 10 1. "A.S.T.M." means the American society for 1 11 testing and materials. 1 12 2. "Dealer" means a retail dealer or a wholesale 1 13 dealer. 1 14 3. "Dispense" means to do any of the following: 1 15 a. Sell motor vehicle fuel on a retail basis. 1 16 b. Place motor vehicle fuel in the fuel tank of a 1 17 motor vehicle or small engine for the operation of 1 18 that motor vehicle or small engine. 1 19 c. Place motor vehicle fuel in or remove motor 1 20 vehicle fuel from a motor vehicle fuel container, 1 21 including for storage in a motor vehicle fuel storage 1 22 tank or transfer by motor vehicle storage tank piping. 1 23 4. "Fiberglass motor vehicle fuel storage tank" or 1 24 "fiberglass storage tank" means a motor vehicle fuel 1 25 storage tank that is fiberglass or fiberglass lined 1 26 when manufactured. 1 27 5. "Gasoline" means a motor vehicle fuel which is 1 28 not any of the following: 1 29 a. Diesel fuel. 1 30 b. Aviation gasoline or special fuel as defined in 1 31 section 452A.2. 1 32 6. "Gasoline station" means the location of a 1 33 profit or nonprofit business where gasoline is 1 34 dispensed by a retail dealer. 1 35 7. "Motor vehicle" means a self-propelled vehicle 1 36 that operates using gasoline, including but not 1 37 limited to any of the following: 1 38 a. An automobile as defined in section 321.1. 1 39 b. A motor truck as defined in section 321.1. 1 40 c. A motor bus as used in section 452A.57. 1 41 d. A motorcycle as defined in section 321.1. 1 42 e. A watercraft as defined in section 462A.2. 1 43 f. An off-road vehicle which is a snowmobile or an 1 44 all-terrain vehicle as defined in section 321G.1. 1 45 8. "Motor vehicle fuel" means the same as defined 1 46 in section 214.1. 1 47 9. "Motor vehicle fuel container" means a 1 48 container used for the temporary storage of motor 1 49 vehicle fuel by the consumer of that motor vehicle 1 50 fuel. 2 1 10. "Motor vehicle fuel pump" or "pump" means the 2 2 same as defined in section 214.1. 2 3 11. "Motor vehicle fuel storage tank" or "storage 2 4 tank" means a tank that is a fixture on the surface or 2 5 underground on the premises of a gasoline station, if 2 6 the tank and piping are used to store and dispense 2 7 gasoline to customers on a retail basis. 2 8 12. "Motor vehicle fuel storage tank equipment" or 2 9 "storage tank equipment" means a motor vehicle fuel 2 10 storage tank and motor vehicle fuel storage tank 2 11 piping. 2 12 13. "Motor vehicle fuel storage tank piping" or 2 13 "storage tank piping" means any rigid or flexible 2 14 piping used to transport motor vehicle fuel from a 2 15 motor vehicle fuel storage tank to a motor vehicle 2 16 storage tank pump. 2 17 14. "MTBE" means methyl tertiary butyl ether. 2 18 15. "Oxygenate octane enhancer" means oxygen- 2 19 containing compounds, including but not limited to 2 20 alcohols, ethers, or ethanol. 2 21 16. "Oxygenated gasoline" means gasoline that 2 22 contains an oxygenate octane enhancer as provided in 2 23 section 214A.2. 2 24 17. "Qualified motor vehicle" means a motor 2 25 vehicle that is any of the following: 2 26 a. A watercraft. 2 27 b. A motorcycle. 2 28 c. An antique vehicle registered under section 2 29 321.115. 2 30 d. An off-road vehicle that is a snowmobile or an 2 31 all-terrain vehicle. 2 32 18. "Raceway" means an enclosed area in which 2 33 there is located a public or private road used for 2 34 racing. 2 35 19. "Retail dealer" means a person who operates, 2 36 maintains, or conducts, either in person, or by any 2 37 agent, employee, or servant, any place of business 2 38 from which motor vehicle fuel is sold or offered for 2 39 sale, at retail. 2 40 20. "Sell" means to sell or offer to sell. 2 41 21. "Unoxygenated gasoline" means gasoline other 2 42 than oxygenated gasoline. 2 43 22. "Wholesale dealer" means a person, other than 2 44 a retail dealer, who provides motor vehicle fuel for 2 45 sale within this state. 2 46 Sec. 2. Section 214A.2, subsection 1, Code 2001, 2 47 is amended to read as follows: 2 48 1. a. Thesecretarydepartment shall adopt rules 2 49 pursuant to chapter 17A for carrying out this chapter. 2 50 The rulesmayshall include, but are not limited to, 3 1 establishing specifications relating to motor vehicle 3 2 fuel or oxygenate octane enhancers. 3 3 b. In the interest of uniformity, thesecretary3 4 department shall adopt rules, by reference or 3 5 otherwise, to establish specifications relating to 3 6 tests and standards for motor vehicle fuel or 3 7 oxygenate octane enhancers, established. The 3 8 specifications shall be based on those established by 3 9 the American society for testing and materials 3 10 (A.S.T.M.), unless thesecretarydepartment determines 3 11 that those specifications are inconsistent with this 3 12 chapter or are not appropriate to the conditions which 3 13 exist in this state. 3 14 Sec. 3. Section 214A.2, Code 2001, is amended by 3 15 adding the following new subsection: 3 16 NEW SUBSECTION. 1A. An oxygenated gasoline must 3 17 contain at least three and five-tenths percent oxygen 3 18 by weight. 3 19 Sec. 4. Section 214A.2A, Code 2001, is amended to 3 20 read as follows: 3 21 214A.2A KEROSENELABELINGAND LOW GRAVITY 3 22 PETROLEUM PRODUCTS. 3 23 1. Fuel which is sold or is kept, offered, or 3 24 exposed for sale as kerosene shall be labeled as 3 25 kerosene. The label shall include the word "kerosene" 3 26 and a designation as either "K1" or "K2", and shall 3 27 indicate that the kerosene is in compliance with the 3 28 standard specification adopted by the A.S.T.M. in 3 29 specification D-3699 (1982). 3 30 2. Kerosene and distillate or petroleum products 3 31 of lower gravity (Baume scale), when not used to 3 32 propel a motor vehicle or compounded or combined with 3 33 a motor vehicle fuel, are exempt from this chapter. 3 34 Sec. 5. Section 214A.4, Code 2001, is amended to 3 35 read as follows: 3 36 214A.4 INTRASTATE SHIPMENTS. 3 37 Awholesaledealeror retail dealershall not 3 38 receive or sell or hold for sale, within this state, 3 39anymotor vehicle fuel or an oxygenate octane enhancer 3 40for which specifications are prescribed in this3 41chapter, unlesstheall of the following apply: 3 42 1. The motor vehicle fuel is subject to 3 43 specifications required in this chapter, other than 3 44 standards relating to the oxygen content of oxygenated 3 45 gasoline as provided pursuant to section 214A.2. 3 46 2. The dealerfirst securesreceives from the 3 47 refiner or producer of the motor vehicle fuel or 3 48 oxygenate octane enhancer, a certified statement,3 49verified by the oath ofby acompetentchemist 3 50 qualified according to requirements of the department, 4 1 who is employed by orrepresentingrepresents the 4 2 refiner or producer, showing. The statement shall 4 3 certify that thetrue standards and tests of themotor 4 4 vehicle fuel or oxygenate octane enhancer, obtained by4 5the methods referred tosatisfies specifications for 4 6 the motor vehicle fuel as required by the department 4 7 pursuant to section 214A.2. The statement shall be 4 8 based on tests and standards approved by the 4 9 department as provided in section 214A.2. The 4 10verified tests are required andcertified statement 4 11 must accompany the bill of lading or shipping 4 12 documents representing the shipment of the motor 4 13 vehicle fuel or oxygenate octane enhancer into this 4 14 state before the shipment can be received and 4 15 unloaded, and shall be included with any cargo 4 16 documents required pursuant to section 452A.12. 4 17 Sec. 6. NEW SECTION. 214A.21 GENERAL 4 18 REQUIREMENTS. 4 19 1. Except as provided in this section, a person 4 20 shall not dispense gasoline other than oxygenated 4 21 gasoline in this state. 4 22 2. This section shall not apply to gasoline used 4 23 to operate any of the following: 4 24 a. An aircraft as defined in section 328.1. 4 25 b. A motor vehicle used exclusively for motor 4 26 sports, including a raceway, if the motor vehicle 4 27 cannot operate on a highway as provided in chapter 321 4 28 or rules adopted by the state department of 4 29 transportation. 4 30 3. A person may dispense unoxygenated gasoline 4 31 only as provided in this subsection. All unoxygenated 4 32 gasoline dispensed in this state shall be premium 4 33 grade unleaded gasoline as provided in section 214A.2. 4 34 The unoxygenated gasoline shall only be dispensed for 4 35 one of the following purposes: 4 36 a. The operation of a qualified motor vehicle or a 4 37 small engine. 4 38 b. The temporary storage of unoxygenated gasoline 4 39 in a small motor vehicle fuel container. The small 4 40 motor vehicle fuel container shall meet all of the 4 41 following requirements: 4 42 (1) It shall comply with the standards set forth 4 43 in section 214A.15, or rules adopted by the 4 44 department. 4 45 (2) It shall have a capacity of not more than six 4 46 gallons. 4 47 c. A retail dealer shall only dispense 4 48 unoxygenated gasoline at a gasoline station. A 4 49 gasoline station that is a marina, mooring facility, 4 50 or resort shall only dispense unoxygenated gasoline 5 1 for use by a watercraft. 5 2 Sec. 7. NEW SECTION. 214A.22 MOTOR VEHICLE FUEL 5 3 STORAGE TANK – EQUIPMENT. 5 4 1. A retail dealer shall not install storage tank 5 5 equipment used to store or dispense gasoline, unless 5 6 the storage tank equipment is compatible with the 5 7 storage and dispensing of oxygenated gasoline. 5 8 2. a. Except as provided in this section, a 5 9 retail dealer shall not use more than one motor 5 10 vehicle fuel storage tank and connecting motor vehicle 5 11 fuel storage tank piping located on the premises of a 5 12 retail gasoline station for dispensing nonoxygenated 5 13 gasoline as provided in section 214A.21. 5 14 b. A retail dealer may use storage tank equipment 5 15 located on the premises of a retail gasoline station 5 16 for storing and dispensing nonoxygenated gasoline, if 5 17 the storage tank equipment is certified as exempt by 5 18 the department pursuant to this section. 5 19 c. In order to receive an exemption certificate, 5 20 the motor vehicle storage tank equipment must be 5 21 incompatible with the storage or dispensing of 5 22 oxygenated gasoline according to manufacturer 5 23 specifications. If the storage tank equipment is a 5 24 motor vehicle fuel storage tank, it must be a 5 25 fiberglass motor vehicle fuel storage tank. 5 26 3. The department shall grant an exemption 5 27 certificate upon application by the retail dealer in a 5 28 manner and according to procedures approved by the 5 29 department. The application shall contain all 5 30 information required by the department and shall at 5 31 least include all of the following: 5 32 a. The name of the retail dealer and the address 5 33 of the gasoline station. 5 34 b. A detailed description of the storage tank 5 35 equipment, including all of the following: 5 36 (1) The location of the storage tank equipment on 5 37 the premises of the gasoline station. 5 38 (2) The date that the storage tank equipment was 5 39 installed on the premises of the gasoline station. 5 40 (3) The model number of the storage tank 5 41 equipment, if available. 5 42 (4) A statement certified by the retail dealer 5 43 that the conversion necessary to store oxygenated fuel 5 44 in the fiberglass storage tank or dispense oxygenated 5 45 fuel using storage tank piping has not begun or been 5 46 completed since the date of installation. 5 47 c. A statement certified by the manufacturer of 5 48 the storage tank equipment verifying that the storage 5 49 tank equipment is not warranted for the storage or 5 50 dispensing of oxygenated fuel. 6 1 4. The exemption certificate shall expire upon the 6 2 earlier of the following: 6 3 a. The date that the storage tank equipment is 6 4 replaced or converted with modifications necessary to 6 5 store or dispense oxygenated fuel. The retail dealer 6 6 shall immediately notify the department in writing of 6 7 the date that the exemption certificate expires under 6 8 this paragraph. 6 9 b. The twenty-year anniversary date of the 6 10 installation of the storage tank equipment. 6 11 5. The department shall extend an exemption 6 12 certificate upon application by the retail dealer in a 6 13 manner and according to procedures approved by the 6 14 department. The application shall contain all 6 15 information required in order to grant a certificate. 6 16 a. The retail dealer may apply for an extension 6 17 within one hundred eighty days from the certificate's 6 18 expiration date. 6 19 b. The retail dealer may apply for any number of 6 20 additional extensions within one hundred eighty days 6 21 from the last extended certificate's expiration date. 6 22 The department shall grant the extension if the 6 23 application meets all requirements for granting an 6 24 original certificate. 6 25 c. An extended exemption certificate shall expire 6 26 upon the earlier of the following: 6 27 (1) The date that the storage tank equipment is 6 28 replaced or converted with modifications necessary to 6 29 store or dispense oxygenated fuel. The retail dealer 6 30 shall immediately notify the department in writing of 6 31 the date that the exemption certificate expires under 6 32 this paragraph. 6 33 (2) The ten-year anniversary date of the 6 34 expiration of the original or an extended certificate. 6 35 Sec. 8. Section 452A.3, subsection 2, Code 2001, 6 36 is amended to read as follows: 6 37 2.a.For the privilege of operating aircraft in 6 38 this state an excise tax of eight cents per gallon is 6 39 imposed on the use of all aviation gasoline. 6 40b. For the privilege of operating motor vehicles6 41in this state, an excise tax of nineteen cents per6 42gallon until June 30, 2007, is imposed upon the use of6 43motor fuel containing at least ten percent alcohol6 44distilled from cereal grains grown in the United6 45States and used for any purpose except as otherwise6 46provided in this division.6 47 Sec. 9. Section 452A.12, Code 2001, is amended to 6 48 read as follows: 6 49 452A.12 LOADING AND DELIVERY EVIDENCE ON 6 50 TRANSPORTATION EQUIPMENT. 7 1 1. As used in this section, unless the context 7 2 otherwise requires: 7 3 a. "Cargo document" means a manifest or loading 7 4 and delivery evidence as provided in this section. 7 5 b. "Gasoline" means the same as defined in section 7 6 214A.1. 7 7 c. "Oxygenate octane enhancer" means the same as 7 8 defined in section 214A.1. 7 9 d. "Oxygenated gasoline" means the same as defined 7 10 in section 214A.1. 7 11 e. "Premium grade unleaded gasoline" means a 7 12 gasoline that complies with the requirements of 7 13 section 214A.2. 7 14 2. A cargo document shall describe any 7 15 transportation of motor fuel as required in this 7 16 section. 7 17 2A. a. Aserially numbered manifestcargo 7 18 document shall be carried on every vehicle, except 7 19 small tank wagons, while in use in transportation 7 20 service, on which shall be entered the following. The 7 21 cargo document shall be a serially numbered manifest. 7 22 The manifest shall include informationas toabout the 7 23 cargo of motor fuel or special fuel being moved in the 7 24 vehicle as required by the department, including all 7 25 of the following: 7 26 (1) The date and place of loading,and the place 7 27to be unloaded, theof unloading the cargo. 7 28 (2) The person for whomitthe cargo is to be 7 29 delivered, the. 7 30 (3) The nature and kind of product, thebeing 7 31 delivered. The manifest shall state whether the motor 7 32 fuel is gasoline or another type of motor fuel. 7 33 (4) The amount of product,and other information7 34required by the departmentincluding the number of 7 35 gallons of motor fuel being delivered. 7 36 (5) If the motor fuel is gasoline, the manifest 7 37 shall include the provisions required in subsection 4. 7 38 b. The manifest for small tank wagons shall be 7 39 retained at the home office. The manifest covering 7 40 each load transported, upon consummation of the 7 41 delivery, shall be completed by showing the date and 7 42 place of actual delivery and the person to whom 7 43 actually delivered and shall be kept as a permanent 7 44 record for a period of three years.However, theThe 7 45 record of the manifest of past cargoesneedis not 7 46 required to be carried on the conveyance but shall be 7 47 preserved by the carrier for inspection by the 7 48 department. A carrier subject to this subsection when 7 49 distributing for a licensee may with the approval of 7 50 the department substitute the loading and delivery 8 1 evidencerequired in subsection 2 forin lieu of the 8 2 manifest. 8 32.3. A person while transporting motor fuel or 8 4 undyed special fuel from a refinery or marine or 8 5 pipeline terminal in this state or from a point 8 6 outside this state over the highways of this state in 8 7 service other than that under subsection12A shall 8 8 carry in the vehicle aloading invoicecargo document 8 9 which shall be loading and delivery evidence showing 8 10 all of the following: 8 11 a. The name and address of the seller or 8 12 consignor, the. 8 13 b. The date and place of loading, and the. 8 14 c. The kind and quantity of motor fuel or special 8 15 fuel loaded, together with invoices. The loading and 8 16 delivery evidence shall state whether the motor fuel 8 17 is gasoline or another type of motor fuel. 8 18 d. Invoices showing the kind and quantity of each 8 19 delivery and the name and address of each purchaser or 8 20 consignee. If the motor fuel is gasoline, the invoice 8 21 shall state the number of gallons of gasoline being 8 22 delivered. The loading invoice shall include the 8 23 provisions required in subsection 4. 8 24 4. a. Except as provided in paragraph "b", if the 8 25 cargo is gasoline, the cargo document shall identify 8 26 the volume percentage or gallons of oxygenate octane 8 27 enhancers in the gasoline, and the octane number for 8 28 the gasoline as provided in section 214A.2. The cargo 8 29 document shall include a statement printed in at least 8 30 ten point boldface type. The statement shall provide 8 31 as follows: 8 32 (1) If the motor fuel is oxygenated gasoline, the 8 33 statement shall provide: "This motor fuel is 8 34 oxygenated gasoline legal for sale in this state as 8 35 provided by Iowa Code chapter 214A." 8 36 (2) If the motor fuel is not oxygenated gasoline, 8 37 one of the following shall apply: 8 38 (a) If the unoxygenated gasoline is a premium 8 39 grade unleaded gasoline, the statement shall provide: 8 40 "This motor fuel is nonoxygenated unleaded premium 8 41 grade gasoline legal for restricted retail sale in 8 42 this state as provided in Iowa Code chapter 214A." 8 43 (b) If the unoxygenated gasoline is not a premium 8 44 grade unleaded gasoline, the statement shall provide: 8 45 "This motor fuel is nonoxygenated gasoline and shall 8 46 not be sold on a retail basis in Iowa." 8 47 b. This subsection shall not apply to the 8 48 transport of gasoline between refineries, between 8 49 terminals, or between a refinery and a terminal. 8 50 Sec. 10. STUDY – ALTERNATIVE FUELS. 9 1 1. As used in this section, "alternative fuels" 9 2 means electricity, compressed natural gas, liquefied 9 3 natural gas, biodiesel fuels, gasoline containing a 9 4 mixture of eighty-five or more percent ethanol, and 9 5 gasoline containing eighty-five percent or more 9 6 methanol. 9 7 2. The department of revenue and finance, in 9 8 consultation with the state department of 9 9 transportation, shall conduct a study regarding 9 10 methods to tax alternative fuels, including the amount 9 11 of revenue raised from such methods, in order to 9 12 ensure that such fuels are taxed on the same basis as 9 13 conventional motor vehicle fuels. 9 14 3. The department of revenue and finance shall 9 15 submit its report to the general assembly not later 9 16 than January 10, 2002." 9 17 #2. Title page, by striking lines 1 through 3 and 9 18 inserting the following: "An Act relating to motor 9 19 vehicle fuels, by providing for standards regulated by 9 20 the department of agriculture and land stewardship, 9 21 providing for the transportation, sale, and dispensing 9 22 of oxygenated fuel, providing for tax revenues, and 9 23 making penalties applicable." 9 24 9 25 9 26 9 27 SHOULTZ of Black Hawk 9 28 HF 716.701 79 9 29 mg/cls
Text: H01633 Text: H01635 Text: H01600 - H01699 Text: H Index Bills and Amendments: General Index Bill History: General Index
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