House File 640 H-1379 Amend House File 640 as follows: 1 1. Page 2, before line 7 by inserting: 2 < Sec. ___. Section 323.1, Code 2013, is amended by 3 adding the following new subsections: 4 NEW SUBSECTION . 01. “Blender pump” means a motor 5 fuel blender pump as defined in section 214.1 that 6 dispenses motor fuel or special fuel in a manner 7 required pursuant to chapters 214 and 214A. 8 NEW SUBSECTION . 7A. “Motor fuel pump” means the 9 same as defined in section 214.1 that dispenses motor 10 fuel or special fuel in a manner that complies with 11 standards set forth in chapters 214 and 214A. 12 NEW SUBSECTION . 7B. “Renewable fuel” means the 13 same as defined in section 214A.1 that complies with 14 standards set forth in section 214A.2. 15 NEW SUBSECTION . 11. “Storage tank” means a 16 motor fuel storage tank as defined in section 214.1, 17 including an underground storage tank subject to 18 regulation under chapter 455G. 19 Sec. ___. NEW SECTION . 323.4A Use of renewable 20 fuel. 21 1. A dealer franchise or other document executed by 22 a dealer and franchiser on and after the effective date 23 of this Act shall not contain a provision restricting 24 the dealer, including any affiliate of the dealer, from 25 doing any of the following: 26 a. Installing, converting, or operating a storage 27 tank, a motor fuel pump, or a blender pump located on 28 the dealer’s retail premises for use in storing or 29 dispensing renewable fuel. However, this paragraph 30 does not apply to a dealer franchise or other document 31 executed by a dealer and franchiser that restricts the 32 installation of a storage tank on the dealer’s retail 33 premises that is leased from the franchiser. 34 b. Using a motor fuel pump to dispense ethanol 35 blended gasoline, including gasoline with a specified 36 blend or a range of blends under chapter 214A, if 37 the motor fuel pump meets applicable requirements of 38 chapter 214 and is approved by the state fire marshal 39 for dispensing the specified blend or range of blends, 40 including as provided in section 455G.31. 41 c. Marketing the sale of any renewable fuel, 42 including but not limited to advertising its 43 availability or price on a sign, on a motor fuel pump, 44 on a blender pump, or by media. 45 d. Selling or dispensing renewable fuel in any 46 specified area located on the dealer’s retail premises, 47 including but not limited to any area in which a name 48 or logo of a franchiser or any other entity appears. 49 e. Purchasing motor fuel or special fuel that is a 50 -1- HF640.2025 (2) 85 da/nh 1/ 2 #1.
renewable fuel from a source other than the franchiser 1 if the franchiser does not offer its own motor fuel or 2 special fuel that is a renewable fuel for sale by the 3 dealer. 4 f. Using a payment form for the sale of a renewable 5 fuel by the retail dealer that is the same type as the 6 payment form used for the sale of another type of motor 7 fuel or special fuel by the dealer on the dealer’s 8 retail premises. 9 2. This section does not apply to any activity 10 that constitutes mislabeling, misbranding, willful 11 adulteration, or other trademark violation by the 12 dealer. > 13 2. By renumbering, redesignating, and correcting 14 internal references as necessary. 15 ______________________________ MUHLBAUER of Crawford ______________________________ KELLEY of Jasper -2- HF640.2025 (2) 85 da/nh 2/ 2 #2.