H-8006

   Amend  the amendment, H-8005, to House File 2128, as follows:
   1.  Page 1, before line 2 by inserting: 
   <___.  By striking page 1, line 19, through page 2, line 8, and inserting: 
   <2.  a.  A retail dealer complies with the E-15 access standard if, on and after January 1, 2026, the retail dealer advertises for sale and sells E-15 gasoline from at least one qualifying motor fuel dispenser located at the retail dealer’s retail motor fuel site. A qualifying motor fuel dispenser must be capable of dispensing gasoline at all times that it is in operation.>
   ___.  Page 2, line 9, by striking <c.> and inserting <b.>>
   2.  Page 1, after line 3 by inserting: 
   <___.  Page 4, by striking lines 9 through 12 and inserting: 
   <b.  The retail dealer must sign the application.>>
   3.  Page 1, by striking lines 8 through 17 and inserting: 
   <___.  By striking page 5, line 11, through page 8, line 33, and inserting: 
   <b.  The application must include information required by the department to be completed by the retail dealer. The department shall review and evaluate an application. The retail dealer must sign the application. If an Iowa licensed installer completes an inspection report to support an application as provided in this section, the Iowa licensed installer shall sign the report.
   3.  The department shall grant an E-15 incompatible infrastructure class 1 waiver order if all motor fuel storage tanks used to store gasoline that are located at the retail motor fuel site fall within any of the following categories:
   a.  Each motor fuel storage tank not constructed of fiberglass was installed during or prior to 1985.
   b.  Each motor fuel storage tank constructed of fiberglass was installed during or prior to the following years:
   (1)  For a double-wall fiberglass underground motor fuel storage tank, 1991.
   (2)  For a single-wall fiberglass underground motor fuel storage tank, 2005.
   c.  Any product piping, other than as provided in paragraph “d”, was installed during or prior to 2006.
   d.  Any product piping with pipe dope, glue, or thread sealant was installed during or prior to 2008.
   4.  The department shall grant an E-15 incompatible infrastructure class 2 waiver order if all of the following apply:
   a.  The retail dealer submits to the department all of the following:
   (1)  An inventory and description of motor fuel storage and dispensing infrastructure located at the retail motor fuel site.
   (2)  An inspection report completed by an Iowa licensed installer. The inspection report shall include an estimated total cost of improving the retail motor fuel site to comply with the E-15 access standard by installing, replacing, or converting one motor fuel storage tank and related infrastructure located at the retail motor fuel site.
   b.  The department determines that the total estimated cost of the improvement as described in paragraph “a” exceeds twenty-one thousand five hundred dollars.
   5.  a.  The department shall issue an E-15 incompatible infrastructure waiver order to an eligible retail dealer not later than one hundred days after the date that the eligible retail dealer’s application was submitted to the department for filing.
   b.  The department of agriculture and land stewardship may cooperate with the department of natural resources and the state fire marshal in administering and enforcing the provisions of this section, including conducting an inspection of the retail motor fuel site.
   c.  The department shall publish a copy of the E-15 incompatible infrastructure waiver order on the department’s internet site within ten days after the order’s issuance. The order shall take effect on its date of publication, unless the order specifies a later date.
   d.  (1)  The secretary of agriculture shall terminate the incompatible infrastructure waiver order if a terminable event has occurred. A terminable event is limited to any of the following:
   (a)  The failure of a retail dealer to be licensed as required under section 214.2 to use a commercial weighing and measuring device when dispensing gasoline.
   (b)  The cessation of the retail dealer’s business of advertising for sale or selling gasoline at the retail motor fuel site.
   (c)  The installation or replacement of a motor fuel storage tank located at the retail motor fuel site.
   (2)  The department may require that a retail dealer notify the department that a terminable event as described in subparagraph (1) is planned to occur, is occurring, or has occurred.>
   ___.  Page 8, line 34, by striking <7.> and inserting <6.>
   ___.  Page 9, line 1, by striking <8.> and inserting <7.>>
   4.  Page 1, by striking lines 18 through 23 and inserting: 
   <___.  By striking page 13, line 29, through page 14, line 14.
   ___.  Page 16, line 33, by striking <E-85> and inserting <E-25>>
   5.  Page 1, after line 26 by inserting: 
   <___.  Page 17, line 4, by striking <E-85> and inserting <E-25>
   ___.  Page 17, line 7, by striking <E-85> and inserting <E-25>
   ___.  Page 17, line 20, by striking <or higher>
   ___.  Page 17, line 23, by striking <or higher>>
   6.  Page 1, after line 32 by inserting: 
   <___.  Page 25, after line 18 by inserting: 
   <(1)  (a)  For biodiesel blended fuel classified as B-5 or higher but not as high as B-11, the designated rate is three and one-half cents.
   (b)  This subparagraph is repealed January 1, 2025.>
   ___.  Page 25, line 19, by striking <(1)> and inserting <(2)>
   ___.  Page 25, line 21, by striking <(2)> and inserting <(3)>
   ___.  Page 25, line 27, by striking <(3)> and inserting <(4)>
   ___.  Page 36, line 32, after <gasoline> by inserting <using motor fuel tanks, piping, and associated equipment located below ground; or dispense ethanol blended gasoline classified as E-25 using dispensers and associated equipment located aboveground>
   ___.  Page 37, line 10, by striking <or higher>>
   7.  By renumbering as necessary.

______________________________
PAUSTIAN of Scott