Text: SF00148 Text: SF00150 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 214A.1, Code 2001, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 1A. "Conventional gasoline" means
1 4 gasoline other than ethanol blended gasoline.
1 5 NEW SUBSECTION. 1B. "Ethanol blended gasoline" means a
1 6 conventional blend ethanol or a high blend ethanol as provided
1 7 in section 214A.2.
1 8 NEW SUBSECTION. 2A. "Motor vehicle fuel pump" means the
1 9 same as defined in section 214.1.
1 10 Sec. 2. Section 214A.2, subsection 3, paragraph c, Code
1 11 2001, is amended by striking the paragraph.
1 12 Sec. 3. NEW SECTION. 214A.16A ETHANOL BLENDED GASOLINE
1 13 – AVAILABILITY REQUIRED.
1 14 1. Except as otherwise provided in this section, on or
1 15 after January 1, 2002, a retail dealer shall not sell gasoline
1 16 at a site, unless the retail dealer sells ethanol blended
1 17 gasoline from at least one motor vehicle fuel pump at that
1 18 site.
1 19 2. This section shall not apply to the extent any of the
1 20 following applies:
1 21 a. A retail dealer cannot sell ethanol blended gasoline at
1 22 a site because each motor vehicle fuel storage tank located on
1 23 the site is not compatible with storing ethanol blended
1 24 gasoline. In order to claim this exemption, the department
1 25 must issue a letter to the retail dealer stating that the
1 26 retail dealer's motor vehicle fuel storage tank is not
1 27 warranted by its manufacturer for ethanol blended gasoline.
1 28 The department shall issue the letter after the retail dealer
1 29 submits all information and affirmations as required by the
1 30 department. An exemption granted under this paragraph shall
1 31 expire on July 1, 2003.
1 32 b. The site has only one single motor vehicle fuel storage
1 33 tank, the tank is located above ground, and the tank has a
1 34 capacity of one thousand gallons or less.
1 35 3. This section does not require a retail dealer to cease
2 1 selling conventional gasoline during any period when the
2 2 retail dealer cannot sell ethanol blended gasoline due to any
2 3 of the following:
2 4 a. A wholesale dealer fails to supply the retail dealer
2 5 with ethanol blended gasoline on a timely basis. This
2 6 paragraph does not apply if the retail dealer and the
2 7 wholesale dealer are the same person.
2 8 b. A temporary depletion of the retail dealer's ethanol
2 9 blended gasoline inventory. This paragraph does not apply if
2 10 the retail dealer stores conventional gasoline in the depleted
2 11 tank.
2 12 c. A communication, including the issuance of an order or
2 13 letter, by a federal or state agency, including the United
2 14 States environmental protection agency, the department of
2 15 natural resources, or the department of agriculture and land
2 16 stewardship, requiring or requesting that the retail dealer
2 17 cease using a motor vehicle fuel storage tank storing ethanol
2 18 blended gasoline or related motor vehicle fuel storage tank
2 19 equipment, including a connecting motor vehicle fuel pump.
2 20 This paragraph does not apply once the terms of the
2 21 communication have expired.
2 22 d. A motor vehicle fuel storage tank used to store ethanol
2 23 blended gasoline or related motor vehicle fuel storage tank
2 24 equipment, including a connecting motor vehicle fuel pump,
2 25 cannot function because of repair, replacement, or
2 26 maintenance. This paragraph does not apply after the tank or
2 27 related equipment has been repaired, replaced, or maintained
2 28 or should have been repaired, replaced, or maintained within a
2 29 period customary for that type of repair, replacement, or
2 30 maintenance.
2 31 4. The department shall adopt pursuant to chapter 17A all
2 32 rules necessary in order to administer this section.
2 33 Sec. 4. NEW SECTION. 214A.20 GENERAL VIOLATIONS AND
2 34 PENALTIES.
2 35 A person who violates provisions of this chapter other than
3 1 section 214A.16A is guilty of a simple misdemeanor.
3 2 Sec. 5. NEW SECTION. 214A.20A PENALTIES AND LEGAL
3 3 PROCEEDINGS FOR VIOLATIONS OF ETHANOL BLENDED GASOLINE
3 4 AVAILABILITY REQUIREMENTS.
3 5 1. A retail dealer who violates section 214A.16A is
3 6 subject to a civil penalty of not more than one hundred
3 7 dollars. Each day that a violation continues constitutes a
3 8 separate offense.
3 9 2. The department shall issue an order assessing a civil
3 10 penalty against a retail dealer acting in violation of section
3 11 214A.16A. The order shall include the amount of the civil
3 12 penalty. The civil penalty shall be paid in accordance with
3 13 rules adopted by the department pursuant to chapter 17A and as
3 14 provided in the order.
3 15 3. A retail dealer who fails to timely pay a civil penalty
3 16 assessed pursuant to the department's final order shall pay,
3 17 in addition to the amount of the civil penalty, interest at
3 18 the rate of one and one-half percent of the unpaid balance of
3 19 the assessed civil penalty for each month or part of a month
3 20 that the penalty remains unpaid. The interest shall begin to
3 21 accrue not earlier than thirty days after the civil penalty
3 22 amount is required to be paid. When a retail dealer against
3 23 whom a civil penalty is assessed under this section seeks
3 24 timely judicial review, as provided under chapter 17A, of an
3 25 order imposing the civil penalty, the order is not final for
3 26 the purposes of this section until all judicial review
3 27 processes are completed.
3 28 4. The attorney general shall institute, at the request of
3 29 the department, legal proceedings in the county in which the
3 30 violation occurred in order to recover the civil penalty and
3 31 any accrued interest.
3 32 5. The civil penalty assessed by the department and
3 33 interest on the civil penalty shall be deposited in the
3 34 general fund of the state.
3 35 Sec. 6. Section 455G.9, subsection 1, Code 2001, is
4 1 amended by adding the following new paragraph:
4 2 NEW PARAGRAPH. l. Up to one hundred percent of the costs
4 3 necessary to reimburse the owner or operator for costs
4 4 associated with converting a motor vehicle fuel storage tank
4 5 or storage tank piping used to store and dispense ethanol
4 6 blended gasoline from a tank to a motor vehicle fuel pump,
4 7 pursuant to section 455G.23. However, the owner or operator
4 8 shall not be reimbursed more than ten thousand dollars for
4 9 converting a motor vehicle fuel storage tank or more than
4 10 three thousand dollars for converting storage tank piping.
4 11 Sec. 7. NEW SECTION. 455G.23 CONVERSION NECESSARY TO
4 12 STORE AND DISPENSE RENEWABLE REFORMULATED GASOLINE.
4 13 1. As used in this section:
4 14 a. "Conventional gasoline" means conventional blended
4 15 gasoline as defined in section 214A.1.
4 16 b. "Ethanol blended gasoline" means the same as defined in
4 17 section 214A.1.
4 18 c. "Motor vehicle fuel pump" or "pump" means the same as
4 19 defined in section 214.1.
4 20 d. "Motor vehicle fuel storage tank" or "tank" means an
4 21 aboveground or belowground container that is a fixture, used
4 22 to keep an accumulation of motor vehicle fuel.
4 23 e. "Motor vehicle fuel storage tank equipment" means a
4 24 motor vehicle fuel storage tank, motor vehicle fuel storage
4 25 tank piping, or a motor vehicle fuel pump.
4 26 f. "Motor vehicle fuel storage tank piping" means any
4 27 rigid or flexible piping used to transport motor vehicle fuel
4 28 from a motor vehicle fuel storage tank to a motor vehicle fuel
4 29 pump.
4 30 g. "Site" means the premises of a retail dealer where a
4 31 tank is used to serve a connecting motor vehicle fuel pump.
4 32 2. The board shall establish a program to reimburse the
4 33 owner or operator of a site for costs necessary to convert
4 34 motor vehicle fuel storage tank equipment for use in storing
4 35 or dispensing ethanol blended gasoline as provided pursuant to
5 1 chapter 214A. The conversion may be in the form of the
5 2 replacement of or modifications in the motor vehicle fuel
5 3 storage tank equipment.
5 4 3. In order to be eligible for reimbursement, all of the
5 5 following must apply:
5 6 a. The motor vehicle fuel storage tank equipment is
5 7 located at a site.
5 8 b. The site must comply with federal and state standards
5 9 governing new or upgraded motor vehicle fuel storage tank
5 10 equipment.
5 11 4. The owner or operator shall apply to the board in a
5 12 manner and according to procedures required by the board. The
5 13 application shall contain all information required by the
5 14 board and shall at least include all of the following:
5 15 a. The name of the owner or operator and the address of
5 16 the site.
5 17 b. A detailed description of the motor vehicle fuel
5 18 storage tank equipment, including all of the following:
5 19 (1) The location of the motor vehicle fuel storage tank
5 20 equipment on the site.
5 21 (2) The date that the motor vehicle fuel storage tank
5 22 equipment was installed on the site.
5 23 (3) The model number of the motor vehicle fuel storage
5 24 tank equipment, if available.
5 25 (4) A statement that the conversion necessary to store
5 26 ethanol blended gasoline in the motor vehicle fuel storage
5 27 tank or to dispense ethanol blended gasoline using motor
5 28 vehicle fuel storage tank piping has not begun or been
5 29 completed since the date of installation.
5 30 c. One of the following:
5 31 (1) A statement certified by the manufacturer of the motor
5 32 vehicle fuel storage tank equipment verifying that the motor
5 33 vehicle fuel storage tank equipment is not warranted for the
5 34 storage or dispensing of ethanol blended gasoline.
5 35 (2) A letter signed by an agent or representative of two
6 1 property and casualty insurers of motor vehicle fuel storage
6 2 tank equipment recognized by the board. Each letter must
6 3 state that the motor vehicle fuel storage tank equipment is
6 4 not insurable for the storage or dispensing of ethanol blended
6 5 gasoline under policies customarily issued by the insurer
6 6 covering motor vehicle fuel storage tank equipment.
6 7 5. A site classified as a no further action site pursuant
6 8 to a certificate issued by the department under section
6 9 455B.474 shall retain its classification following
6 10 modifications necessary to store and dispense ethanol blended
6 11 gasoline, and the owner-operator shall not be required to
6 12 perform a new site assessment unless the site causes a clear,
6 13 present, and impending danger to the public health or the
6 14 environment.
6 15 6. The board shall not accept an application for
6 16 reimbursement of conversion costs as provided in this section
6 17 on or after July 1, 2003.
6 18 EXPLANATION
6 19 This bill amends Code chapter 214A, which provides for the
6 20 regulation of motor vehicle fuel, including gasoline blended
6 21 with ethanol. The bill provides that on or after January 1,
6 22 2002, a retail dealer is prohibited from selling gasoline from
6 23 a site, unless the retail dealer also sells ethanol blended
6 24 gasoline from at least one motor vehicle fuel pump at the
6 25 site. The bill excuses a retail dealer from complying with
6 26 the bill's requirements, if the retail dealer cannot sell
6 27 ethanol blended gasoline due to a number of reasons, including
6 28 the incompatibility of motor vehicle fuel storage tanks
6 29 located on the site (until July 1, 2003); the site has only
6 30 one small single motor vehicle fuel storage tank; the failure
6 31 of a wholesale dealer to supply the ethanol blended gasoline;
6 32 the temporary depletion of the retail dealer's inventory of
6 33 ethanol blended gasoline; a communication by a federal or
6 34 state agency requiring or requesting that the retail dealer
6 35 cease using a motor vehicle storage tank storing ethanol
7 1 blended gasoline; or the repair, replacement, or maintenance
7 2 of a tank or related equipment.
7 3 Generally, a retail dealer who violates the provisions of
7 4 Code chapter 214A is guilty of a simple misdemeanor. This
7 5 bill provides that a retail dealer who violates the provisions
7 6 of the bill is subject to a civil penalty of not more than
7 7 $100, and each day that a violation continues constitutes a
7 8 separate offense.
7 9 The bill amends Code chapter 455G by requiring the Iowa
7 10 comprehensive petroleum underground storage tank fund board to
7 11 establish a program to reimburse the owner or operator of a
7 12 site for costs necessary to store and dispense ethanol blended
7 13 gasoline from storage tanks or tank piping. Moneys for
7 14 reimbursement are derived from the remedial account of the
7 15 Iowa comprehensive petroleum underground storage tank fund.
7 16 The bill provides that a site classified as a no further
7 17 action site pursuant to a certificate issued by the department
7 18 under Code section 455B.474 shall retain its classification
7 19 following the replacement or modifications necessary to store
7 20 and dispense ethanol blended gasoline, unless the site causes
7 21 a clear, present, and impending danger to the public health or
7 22 the environment.
7 23 LSB 1754SV 79
7 24 da/gg/8
Text: SF00148 Text: SF00150 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 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: Thu Jan 31 03:30:01 CST 2002
URL: /DOCS/GA/79GA/Legislation/SF/00100/SF00149/010212.html
jhf