House File 597 H-1211 Amend House File 597 as follows: 1 1. Page 1, before line 1 by inserting: 2 < DIVISION ___ 3 MOTOR FUEL MARKETING > 4 2. Page 1, after line 4 by inserting: 5 < NEW SUBSECTION . 12A. “Marketer” means a dealer, 6 distributor, nonrefiner biofuel manufacturer, or 7 supplier. 8 NEW SUBSECTION . 16A. “Nonrefiner biofuel 9 manufacturer” means the same as defined in section 10 452A.2. 11 NEW SUBSECTION . 18A. “Pipeline company” means the 12 same as defined in section 479B.2. > 13 3. Page 1, after line 6 by inserting: 14 < NEW SUBSECTION . 23B. “Terminal” means the same as 15 defined in section 452A.2. 16 NEW SUBSECTION . 23C. “Terminal operator” means the 17 same as defined in section 452A.2. 18 NEW SUBSECTION . 23D. “Terminal owner” means a 19 person who holds a legal or equitable interest in a 20 terminal. > 21 4. Page 1, by striking line 9 and inserting: 22 < A retail dealer or other marketer, pipeline 23 company, terminal owner, terminal operator, motor 24 vehicle manufacturer, or engine manufacturer is not 25 liable for > 26 5. Page 1, by striking lines 26 through 29 and 27 inserting < blended gasoline or diesel fuel on any 28 premises in this state. > 29 6. Page 1, line 35, after < transport > by inserting 30 < to a distributor or dealer > 31 7. Page 2, by striking line 1 and inserting < or 32 unblended diesel fuel, that is at the terminal, based 33 on > 34 8. Page 2, by striking lines 4 through 7. 35 9. Page 2, line 8, by striking < 4. > and inserting 36 < 3. > 37 10. Page 2, line 19, by striking < 5. > and inserting 38 < 4. > 39 11. Page 2, by striking lines 23 through 35 and 40 inserting: 41 < DIVISION ___ 42 STORAGE TANKS 43 Sec. ___. Section 101.21, subsection 1, paragraphs 44 a through c, Code 2013, are amended to read as follows: 45 a. Aboveground tanks of An aboveground tank which 46 complies with any of the following: 47 (1) Has one thousand one hundred gallons or less 48 capacity. 49 (2) Stores flammable liquids on a farm located 50 -1- HF597.1170 (2) 85 da/nh 1/ 3 #1. #2. #3. #4. #5. #6. #7. #8. #9. #10. #11.

outside the limits of a city, if the aboveground tank 1 has two thousand gallons or less capacity. 2 (3) Stores combustible liquids on a farm located 3 outside the limits of a city, if the aboveground tank 4 has five thousand gallons or less capacity. 5 b. Tanks A tank used for storing heating oil for 6 consumptive use on the premises where stored. 7 c. Underground An underground storage tanks tank as 8 defined by section 455B.471 . 9 Sec. ___. Section 101.21, Code 2013, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION . 1A. a. “Farm” means land and 12 associated improvements used to produce agricultural 13 commodities, if at least one thousand dollars is 14 annually generated from the sale of the agricultural 15 commodities. 16 b. As used in paragraph “a” , “commodities” means 17 crops as defined in section 202.1 or animals as defined 18 in section 459.102. 19 Sec. ___. Section 101.22, subsections 4 through 8, 20 Code 2013, are amended to read as follows: 21 4. The registration notice of the owner or operator 22 to the state fire marshal under subsections 1 through 23 3 shall be accompanied by an annual fee of ten twenty 24 dollars for each tank included in the notice. All 25 moneys collected shall be retained by the department of 26 public safety and are appropriated for the use of the 27 state fire marshal. The annual renewal fee applies to 28 all owners or operators who file a registration notice 29 with the state fire marshal pursuant to subsections 1 30 through 3 . 31 5. A person who deposits flammable or combustible 32 liquid in an aboveground flammable or combustible 33 liquid storage tank shall notify the owner or operator 34 in writing of the notification requirements of this 35 section . 36 6. A person who sells or constructs a tank intended 37 to be used as an aboveground storage tank shall 38 notify the purchaser of the tank in writing of the 39 notification requirements of this section applicable 40 to the purchaser. 41 7. 6. It is unlawful to deposit flammable or 42 combustible liquid in An owner or operator shall 43 register an aboveground flammable or combustible liquid 44 storage tank which has not been registered pursuant to 45 subsections 1 through 4 . 46 8. 7. The state fire marshal shall furnish the 47 owner or operator of an aboveground flammable or 48 combustible liquid storage tank with a registration tag 49 for each aboveground flammable or combustible liquid 50 -2- HF597.1170 (2) 85 da/nh 2/ 3

storage tank registered with the state fire marshal. 1 a. The owner or operator shall affix the tag to the 2 fill pipe of each registered aboveground flammable or 3 combustible liquid storage tank. 4 b. A person who conveys or deposits flammable 5 or combustible liquid shall inspect the aboveground 6 flammable or combustible liquid storage tank to 7 determine the existence or absence of the registration 8 tag. If a registration tag is not affixed to the 9 aboveground flammable or combustible liquid storage 10 tank fill pipe, the person conveying or depositing 11 the flammable or combustible liquid may deposit the 12 flammable or combustible liquid in the unregistered 13 tank. However, only one deposit is allowed into 14 the unregistered tank, the person making the deposit 15 shall provide the owner or operator of the tank with 16 another notice as required by subsection 5 , and the 17 person shall provide the owner or operator with an 18 aboveground flammable or combustible liquid storage 19 tank registration form. 20 c. It is the owner or operator’s duty to comply 21 with registration requirements. 22 8. A late registration penalty of twenty-five 23 dollars is imposed in addition to the registration fee 24 for a tank registered after the required date. > 25 12. Title page, by striking lines 1 and 2 and 26 inserting < An Act relating to liquids which are 27 flammable or combustible, by providing for the 28 storage, marketing, and distribution of such liquids, 29 providing for the marketing and distribution of 30 liquids classified as motor fuel, including blended and 31 unblended gasoline and diesel fuel, > 32 13. By renumbering, redesignating, and correcting 33 internal references as necessary. 34 ______________________________ KLEIN of Washington -3- HF597.1170 (2) 85 da/nh 3/ 3 #12. #13.