Senate
Amendment
to
House
File
2128
H-8367
Amend
House
File
2128,
as
amended,
passed,
and
reprinted
by
1
the
House,
as
follows:
2
1.
Page
1,
line
15,
by
striking
<
214A.35,
>
and
inserting
3
<
214A.36,
>
4
2.
Page
1,
line
21,
by
striking
<
motor
fuel
>
and
inserting
5
<
gasoline
>
6
3.
Page
1,
line
23,
by
striking
<
motor
fuel
>
and
inserting
7
<
gasoline
>
8
4.
Page
1,
line
28,
by
striking
<
motor
fuel
>
and
inserting
9
<
gasoline
>
10
5.
Page
1,
line
29,
by
striking
<
motor
fuel
>
and
inserting
11
<
gasoline
>
12
6.
Page
1,
line
30,
by
striking
<
motor
fuel
>
and
inserting
13
<
gasoline
>
14
7.
Page
1,
line
31,
by
striking
<
motor
fuel
>
and
inserting
15
<
gasoline
>
16
8.
Page
2,
line
1,
by
striking
<
motor
fuel
>
and
inserting
17
<
gasoline
>
18
9.
Page
2,
line
4,
by
striking
<
motor
fuel
>
and
inserting
19
<
gasoline
>
20
10.
Page
2,
lines
27
and
28,
by
striking
<
motor
fuel
>
and
21
inserting
<
gasoline
>
22
11.
Page
2,
line
30,
by
striking
<
motor
fuel
>
and
inserting
23
<
gasoline
>
24
12.
Page
3,
line
16,
by
striking
<
motor
fuel
>
and
inserting
25
<
gasoline
>
26
13.
Page
4,
line
26,
before
<
E-15
>
by
inserting
27
<
alternative
>
28
14.
Page
4,
line
31,
before
<
E-15
>
by
inserting
29
<
alternative
>
30
15.
Page
5,
line
7,
before
<
E-15
>
by
inserting
<
alternative
>
31
16.
Page
5,
line
8,
by
striking
<
motor
fuel
>
and
inserting
32
<
gasoline
>
33
17.
Page
5,
line
15,
by
striking
<
motor
fuel
>
and
inserting
34
<
gasoline
>
35
-1-
HF
2128.4452.S
(1)
89
mb
1/
17
#1.
#2.
#3.
#4.
#5.
#6.
#7.
#8.
#9.
#10.
#11.
#12.
#13.
#14.
#15.
#16.
18.
Page
5,
line
25,
by
striking
<
motor
fuel
>
and
inserting
1
<
gasoline
>
2
19.
Page
6,
by
striking
lines
23
and
24
and
inserting
<
event
3
has
occurred.
A
terminable
event
occurs
on
the
date
that
any
4
of
the
following
apply:
>
5
20.
Page
7,
by
striking
line
9
and
inserting
<
all
gasoline
6
storage
tanks
that
are
>
7
21.
Page
7,
line
10,
after
<
any
>
by
inserting
<
number
>
8
22.
Page
7,
line
12,
by
striking
<
motor
fuel
>
and
inserting
9
<
gasoline
>
10
23.
Page
7,
line
14,
by
striking
<
motor
fuel
>
and
inserting
11
<
gasoline
>
12
24.
Page
7,
line
16,
by
striking
<
motor
fuel
>
and
inserting
13
<
gasoline
>
14
25.
Page
7,
line
18,
by
striking
<
motor
fuel
>
and
inserting
15
<
gasoline
>
16
26.
Page
7,
lines
23
and
24,
by
striking
<
may
file
and
17
review
>
and
inserting
<
shall
file
and
analyze
>
18
27.
Page
7,
line
29,
by
striking
<
motor
fuel
>
and
inserting
19
<
gasoline
>
20
28.
Page
7,
line
33,
before
<
E-15
>
by
inserting
21
<
alternative
>
22
29.
Page
7,
line
34,
by
striking
<
motor
fuel
>
and
inserting
23
<
gasoline
>
24
30.
Page
8,
by
striking
lines
6
through
15
and
inserting:
25
<
(a)
The
total
estimated
cost
of
improvement
which
equals
26
the
sum
of
all
of
the
following:
27
(i)
The
reasonable
cost
of
assessing
the
retail
motor
fuel
28
site
to
determine
the
estimated
cost
of
improving
the
retail
29
motor
fuel
site
as
described
in
subparagraph
subdivision
(ii).
30
(ii)
The
estimated
cost
of
improving
the
retail
motor
fuel
31
site
to
comply
with
the
alternative
E-15
access
standard
based
32
on
the
department’s
analysis
of
the
inspection
report
described
33
in
paragraph
“a”
.
The
estimated
cost
of
improving
the
retail
34
motor
fuel
site
shall
only
include
costs
used
to
calculate
the
35
-2-
HF
2128.4452.S
(1)
89
mb
2/
17
#18.
#19.
#20.
#21.
#22.
#23.
#24.
#25.
#26.
#27.
#28.
#29.
#30.
amount
of
standard
financial
incentives
that
could
be
awarded
1
by
the
renewable
fuel
infrastructure
board
to
a
retail
dealer
2
participating
in
the
renewable
fuel
infrastructure
program
for
3
retail
motor
fuel
sites
as
provided
in
section
159A.14.
>
4
31.
Page
8,
line
19,
after
<
under
>
by
inserting
<
tier
III
5
of
>
6
32.
Page
8,
line
22,
before
<
E-15
>
by
inserting
7
<
alternative
>
8
33.
Page
8,
line
27,
by
striking
<
is
applying
for
>
and
9
inserting
<
may
apply
for,
is
applying
for,
>
10
34.
Page
9,
after
line
3
by
inserting:
11
<
Sec.
___.
NEW
SECTION
.
214A.36
Exemption
from
E-15
access
12
standard
for
small
retail
motor
fuel
sites
——
by
order
issued
by
13
secretary
of
agriculture.
14
1.
a.
The
secretary
of
agriculture
shall
issue
a
small
15
retail
motor
fuel
site
exemption
administrative
order
to
a
16
retail
dealer.
The
administrative
order
shall
exempt
the
17
retail
dealer
from
complying
with
the
E-15
access
standard,
as
18
otherwise
required
in
section
214A.32,
at
a
small
retail
motor
19
fuel
site
owned
or
operated
by
the
retail
dealer.
20
b.
To
qualify
as
a
small
retail
motor
fuel
site
under
this
21
section,
all
of
the
following
must
apply:
22
(1)
Prior
to
January
1,
2023,
the
retail
motor
fuel
site
23
included
gasoline
storage
and
dispensing
infrastructure.
24
(2)
The
retail
motor
fuel
site’s
average
total
gasoline
25
gallonage
was
limited
to
three
hundred
thousand
gallons
or
less
26
for
the
qualifying
phase
as
provided
in
this
section.
27
2.
a.
A
retail
dealer
may
apply
for
an
administrative
order
28
as
described
in
subsection
1
by
submitting
an
application
to
29
the
department
in
a
manner
and
according
to
procedures
required
30
by
the
department.
31
b.
The
retail
dealer
must
sign
the
application
which
shall
32
include
a
statement
that
the
retail
dealer
swears
and
affirms
33
that
all
information
in
the
application
completed
by
the
retail
34
dealer
is
true
and
correct.
35
-3-
HF
2128.4452.S
(1)
89
mb
3/
17
#31.
#32.
#33.
#34.
3.
a.
Upon
request
by
the
department
of
agriculture
and
1
land
stewardship,
the
department
of
revenue
shall
certify
the
2
average
total
gasoline
gallonage
for
the
retail
motor
fuel
site
3
computed
for
the
qualifying
phase
beginning
on
January
1,
2020,
4
and
ending
on
December
31,
2022.
5
b.
The
computation
described
in
paragraph
“a”
shall
be
6
based
on
site-by-site
information
for
the
retail
motor
fuel
7
site
in
reports
required
to
be
filed
for
determination
periods
8
by
the
retail
dealer
with
the
department
of
revenue
pursuant
9
to
chapter
452A,
subchapter
II.
However,
if
the
department
10
of
revenue
cannot
obtain
site-by-site
information
for
the
11
retail
motor
fuel
site
from
such
reports,
the
department
of
12
revenue
may
use
other
methods,
including
records
maintained
by
13
the
department
of
revenue
under
chapter
422,
to
compute
the
14
retail
motor
fuel
site’s
gallonage
for
all
or
any
part
of
that
15
qualifying
phase.
16
c.
A
retail
dealer
who
submits
an
application
under
this
17
section
shall
waive
the
confidentiality
of
information
in
18
the
department
of
revenue’s
certification
identifying
the
19
retail
dealer
or
retail
motor
fuel
site
otherwise
applicable
20
under
chapter
422
or
452A.
The
information
maintained
by
the
21
department
of
agriculture
and
land
stewardship
under
this
22
section
is
a
confidential
record
under
section
22.7
and
shall
23
be
used
by
the
department
of
agriculture
and
land
stewardship
24
for
the
limited
purposes
of
evaluating
the
retail
dealer’s
25
application
for
approval
and
issuing
an
administrative
order
26
described
in
subsection
1.
The
certification
may
be
used
in
27
a
criminal
proceeding
alleging
the
retail
dealer
committed
28
perjury
as
described
in
section
214A.11
when
completing
the
29
application.
The
application
shall
include
a
notice
of
the
30
waiver.
The
department
of
agriculture
and
land
stewardship
31
shall
redact
such
identifying
information
in
any
record
32
otherwise
requiring
disclosure
by
that
department
under
chapter
33
22.
34
d.
The
department
of
revenue,
in
cooperation
with
the
35
-4-
HF
2128.4452.S
(1)
89
mb
4/
17
department
of
agriculture
and
land
stewardship,
may
adopt
rules
1
to
administer
this
subsection.
2
4.
The
department
shall
publish
on
its
internet
site
for
3
each
quarter
of
a
calendar
year
information
aggregated
from
4
administrative
orders
described
in
subsection
1
that
shall
be
5
limited
to
the
following:
6
a.
The
total
number
of
administrative
orders
issued.
7
b.
The
total
number
of
administrative
orders
in
effect.
8
5.
a.
The
secretary
of
agriculture
shall
terminate
the
9
administrative
order
described
in
subsection
1
if
a
terminable
10
event
has
occurred.
A
terminable
event
occurs
on
the
date
that
11
any
of
the
following
apply:
12
(1)
The
failure
of
a
retail
dealer
to
be
licensed
as
13
required
under
section
214.2
to
use
a
commercial
weighing
and
14
measuring
device
when
dispensing
gasoline
at
the
retail
motor
15
fuel
site.
16
(2)
The
cessation
of
the
retail
dealer’s
business
of
17
advertising
for
sale
or
selling
gasoline
at
the
retail
motor
18
fuel
site.
19
(3)
The
installation,
replacement,
or
conversion
of
a
20
gasoline
storage
tank
located
at
the
retail
motor
fuel
site.
21
b.
The
department
may
require
that
a
retail
dealer
22
notify
the
department
that
a
terminable
event
as
described
23
in
paragraph
“a”
is
planned
to
occur,
is
occurring,
or
has
24
occurred.
25
6.
a.
This
section
shall
be
implemented
on
January
1,
2023.
26
b.
This
subsection
is
repealed
January
2,
2023.
>
27
35.
Page
9,
line
4,
by
striking
<
214A.36
>
and
inserting
28
<
214A.37
>
29
36.
Page
9,
line
13,
by
striking
<
SUSPENDING
OR
WAIVING
>
and
30
inserting
<
SUSPENDING,
WAIVING,
OR
EXEMPTING
>
31
37.
Page
9,
after
line
29
by
inserting:
32
<
4.
The
secretary
of
agriculture
may
issue
a
small
retail
33
motor
fuel
site
exemption
administrative
order
as
provided
in
34
section
214A.36,
as
enacted
in
this
part
of
this
division
of
35
-5-
HF
2128.4452.S
(1)
89
mb
5/
17
#35.
#36.
#37.
this
Act,
prior
to
January
1,
2023,
if
the
secretary
determines
1
it
is
necessary
to
issue
the
order
prior
to
that
date.
>
2
38.
Page
9,
by
striking
lines
30
and
31
and
inserting:
3
<
Sec.
___.
ADOPTION
OF
RULES
IMPLEMENTING
E-15
ACCESS
4
STANDARD,
E-15
INCOMPATIBLE
INFRASTRUCTURE
WAIVER
ORDER,
AND
5
SMALL
RETAIL
MOTOR
FUEL
SITE
EXEMPTION
ADMINISTRATIVE
ORDER.
>
6
39.
Page
10,
after
line
6
by
inserting:
7
<
3.
The
department
of
agriculture
and
land
stewardship
8
shall
adopt
rules
pursuant
to
chapter
17A
prior
to
January
1,
9
2023,
as
necessary
to
administer
and
enforce
a
small
retail
10
motor
fuel
site
exemption
administrative
order
as
provided
in
11
section
214A.36,
as
enacted
in
this
part
of
this
division
of
12
this
Act.
>
13
40.
Page
10,
by
striking
lines
9
and
10.
14
41.
Page
11,
line
11,
by
striking
<
that
is
>
and
inserting
15
<
that
includes
>
16
42.
Page
11,
after
line
35
by
inserting:
17
<
NEW
SUBSECTION
.
10A.
“Determination
period”
means
any
18
twelve-month
period
beginning
on
January
1
and
ending
on
19
December
31
in
which
a
retail
dealer
who
owns
or
operates
a
20
retail
motor
fuel
site
sells
and
dispenses
gasoline
or
diesel
21
fuel
from
that
retail
motor
fuel
site
as
calculated
by
the
22
department
of
revenue
in
chapter
452A,
subchapter
II.
>
23
43.
Page
12,
after
line
4
by
inserting:
24
<
NEW
SUBSECTION
.
16A.
“Gasoline
dispenser”
means
a
type
25
of
motor
fuel
dispenser
that
is
part
of
gasoline
storage
and
26
dispensing
infrastructure.
27
NEW
SUBSECTION
.
16B.
“Gasoline
storage
and
dispensing
28
infrastructure”
or
“gasoline
infrastructure”
means
motor
fuel
29
storage
and
dispensing
infrastructure
used
to
do
any
of
the
30
following:
31
a.
Store
and
dispense
gasoline,
including
ethanol
blended
32
gasoline
or
biobutanol
blended
gasoline.
33
b.
Store,
blend,
and
dispense
gasoline,
including
ethanol
34
blended
gasoline
or
biobutanol
blended
gasoline.
35
-6-
HF
2128.4452.S
(1)
89
mb
6/
17
#38.
#39.
#40.
#41.
#42.
#43.
NEW
SUBSECTION
.
16C.
“Gasoline
storage
tank”
means
a
type
1
of
motor
fuel
storage
tank
used
to
store
an
accumulation
of
2
gasoline.
>
3
44.
Page
12,
by
striking
lines
10
through
12
and
inserting:
4
<
Sec.
___.
NEW
SECTION
.
214A.1A
Administration
and
5
enforcement.
6
1.
This
chapter
shall
be
administered
and
enforced
by
the
7
department
which
may
adopt
rules
under
chapter
17A
to
carry
out
8
the
provisions
of
this
chapter.
9
2.
The
department
may
adopt
rules
necessary
to
administer
10
and
enforce
this
chapter
in
conjunction
with
chapter
214.
>
11
45.
Page
12,
by
striking
lines
15
through
29
and
inserting:
12
<
1.
a.
The
department
shall
adopt
rules
pursuant
to
chapter
13
17A
for
carrying
out
this
chapter
.
The
rules
may
include
but
14
are
not
limited
to
specifications
establishing
departmental
15
standards
relating
to
motor
fuel,
including
but
not
limited
to
16
renewable
fuel
such
as
ethanol
blended
gasoline,
biobutanol
17
blended
gasoline,
biodiesel,
biodiesel
blended
fuel,
fuels
and
18
motor
fuel
components
such
as
an
oxygenate
.
19
b.
In
the
interest
of
uniformity,
the
department
shall
20
adopt
by
reference
other
in
part
or
in
whole,
as
some
of
its
21
departmental
standards
described
in
paragraph
“a”
,
applicable
22
specifications
relating
to
tests
and
standards
for
motor
fuel,
23
including
renewable
fuel
and
motor
fuel
components,
adopted
by
24
ASTM
international
and
applicable
requirements
established
by
25
the
United
States
environmental
protection
agency
and
A.S.T.M.
26
international
.
>
27
46.
Page
13,
by
striking
lines
10
through
24.
28
47.
Page
13,
after
line
30
by
inserting:
29
<
Sec.
___.
Section
214A.11,
subsection
1,
Code
2022,
is
30
amended
to
read
as
follows:
31
1.
Except
as
otherwise
provided
in
subsection
2
subsection
32
3
,
a
person
who
violates
a
provision
of
this
chapter
is
guilty
33
of
a
serious
misdemeanor
or
is
subject
to
an
alternative
34
civil
enforcement
action
under
subsection
2
.
Each
day
that
35
-7-
HF
2128.4452.S
(1)
89
mb
7/
17
#44.
#45.
#46.
#47.
a
continuing
violation
occurs
shall
be
considered
a
separate
1
offense.
>
2
48.
Page
13,
line
31,
by
striking
<
subsection
2,
>
3
49.
Page
13,
line
32,
by
striking
<
paragraphs
>
and
inserting
4
<
subsection
>
5
50.
Page
13,
line
33,
by
striking
<
NEW
PARAGRAPH
.
c.
>
and
6
inserting
<
NEW
SUBSECTION
.
3.
a.
>
7
51.
Page
14,
line
3,
by
striking
<
“c”
>
and
inserting
<
“a”
>
8
52.
Page
14,
line
6,
by
striking
<
NEW
PARAGRAPH
.
d.
>
and
9
inserting
<
b.
>
10
53.
Page
14,
line
15,
by
striking
<
“d”
>
and
inserting
<
“b”
>
11
54.
Page
14,
after
line
17
by
inserting:
12
<
c.
(1)
A
retail
dealer
who
submits
an
application
for
a
13
small
retail
motor
fuel
site
exemption
administrative
order
14
under
section
214A.36
that
the
retail
dealer
knows
is
not
true
15
and
correct
commits
perjury
as
provided
in
section
720.2.
16
(2)
(a)
This
paragraph
“c”
shall
be
implemented
on
January
17
1,
2023.
18
(b)
This
subparagraph
is
repealed
January
2,
2023.
>
19
55.
Page
15,
by
striking
line
3.
20
56.
Page
15,
by
striking
line
9
and
inserting:
21
<
a.
Section
214A.3
>
22
57.
Page
15,
line
28,
by
striking
<
214A.36
>
and
inserting
23
<
214A.37
>
24
58.
Page
16,
by
striking
lines
18
through
22
and
inserting
25
<
or
“gasoline
infrastructure”
means
the
same
as
defined
in
26
section
214A.1.
>
27
59.
Page
16,
by
striking
lines
25
and
26
and
inserting:
28
<
Sec.
___.
Section
455G.31,
subsection
1,
paragraph
a,
Code
29
2022,
is
amended
by
striking
the
paragraph.
>
30
60.
Page
16,
line
29,
by
striking
<
2.
>
and
inserting
<
2.
>
31
61.
Page
16,
lines
31
and
32,
by
striking
<
E-9
E-10
>
and
32
inserting
<
E-9
>
33
62.
Page
16,
after
line
35
by
inserting:
34
<
Sec.
___.
Section
455G.31,
subsection
3,
Code
2022,
is
35
-8-
HF
2128.4452.S
(1)
89
mb
8/
17
#48.
#49.
#50.
#51.
#52.
#53.
#54.
#55.
#56.
#57.
#58.
#59.
#60.
#61.
#62.
amended
by
striking
the
subsection.
>
1
63.
Page
28,
line
21,
by
striking
<
motor
fuel,
>
and
2
inserting
<
motor
fuel
or
special
fuel,
>
3
64.
Page
28,
line
22,
by
striking
<
same
>
and
inserting
4
<
applicable
>
5
65.
Page
28,
after
line
23
by
inserting:
6
<
Sec.
___.
Section
452A.31,
subsection
1,
Code
2022,
is
7
amended
to
read
as
follows:
8
1.
A
determination
period
is
any
twelve-month
period
9
beginning
on
January
1
and
ending
on
December
31
in
which
a
10
retail
dealer
who
owns
or
operates
a
retail
motor
fuel
site
11
sells
and
dispenses
gasoline
or
diesel
fuel
from
that
site
as
12
regulated
by
the
department
of
agriculture
and
land
stewardship
13
pursuant
to
chapters
214
and
214A
.
>
14
66.
By
striking
page
31,
line
23,
through
page
32,
line
2,
15
and
inserting:
16
<
c.
(1)
The
retail
dealer
shall
prepare
and
submit
file
17
the
report
with
the
department
in
a
manner
and
according
to
18
procedures
required
by
the
department
in
compliance
with
19
section
452A.61
.
However,
the
department
may
require
that
the
20
retail
dealer
file
the
report
with
the
department
by
electronic
21
transmission.
The
department
may
require
that
retail
dealers
22
report
to
the
department
on
an
annual,
quarterly,
or
monthly
23
basis.
The
department,
upon
application
by
a
retail
dealer,
24
may
grant
a
reasonable
extension
of
time
to
file
the
report.
25
(2)
If
a
retail
dealer
fails
to
file
the
report
as
required
26
by
this
section
or
fails
to
maintain
records
required
to
file
27
the
report
the
department
may
impose
a
civil
penalty
of
not
28
more
than
one
hundred
dollars
per
occurrence
in
addition
to
any
29
other
penalty
provided
by
law.
The
penalty
amount
shall
be
30
deposited
into
the
general
fund
of
the
state.
>
31
67.
Page
32,
before
line
3
by
inserting:
32
<
Sec.
___.
Section
452A.33,
subsection
1,
paragraph
d,
Code
33
2022,
is
amended
to
read
as
follows:
34
d.
The
information
included
in
a
report
submitted
by
a
35
-9-
HF
2128.4452.S
(1)
89
mb
9/
17
#63.
#64.
#65.
#66.
#67.
retail
dealer
is
deemed
to
be
a
trade
secret,
protected
as
a
1
confidential
record
pursuant
to
section
22.7
.
However,
upon
2
request
by
the
department
of
agriculture
and
land
stewardship
3
pursuant
to
section
159A.14
or
214A.36,
the
department
of
4
revenue
shall
certify
a
retail
motor
fuel
site’s
average
total
5
gasoline
gallonage
for
a
qualifying
phase
as
provided
in
each
6
of
those
sections.
>
7
68.
Page
36,
before
line
5
by
inserting:
8
<
PART
A
9
RENEWABLE
FUEL
INFRASTRUCTURE
PROGRAM
FOR
RETAIL
MOTOR
FUEL
10
SITES
>
11
69.
Page
38,
by
striking
lines
4
through
11
and
inserting:
12
<
b.
The
application
shall
allow
the
department
to
determine
13
all
of
the
following:
14
(1)
The
tier
designation
of
the
retail
motor
fuel
site
as
15
provided
in
subsection
4B.
16
(2)
Whether
the
retail
dealer
would
be
in
compliance
with
17
the
general
E-15
access
standard
or
the
alternative
E-15
access
18
standard
as
provided
in
section
214A.32
if
that
standard
were
19
implemented
on
the
date
the
application
was
filed.
20
(3)
Whether
the
person
is
a
retail
dealer
assigned
special
21
status.
The
department
shall
assign
the
person
special
status
22
if
the
person
does
not
comply
with
the
E-15
access
standard
as
23
provided
in
section
214A.32
and
the
person
is
ineligible
to
be
24
issued
an
E-15
incompatible
infrastructure
class
2
waiver
order
25
for
that
retail
motor
fuel
site
as
provided
in
section
214A.35,
26
subsection
6.
>
27
70.
Page
38,
by
striking
lines
12
through
24.
28
71.
Page
38,
line
25,
by
striking
<
d.
>
and
inserting
<
c.
>
29
72.
Page
38,
after
line
27
by
inserting:
30
<
d.
An
application
shall
automatically
expire
if
the
31
application
has
not
been
approved
or
disapproved
by
the
board
32
as
provided
in
this
section
within
twenty-four
months
after
the
33
department
files
the
submitted
application.
34
e.
The
infrastructure
board
shall
not
delay
approving
an
35
-10-
HF
2128.4452.S
(1)
89
mb
10/
17
#68.
#69.
#70.
#71.
#72.
application
or
financing
agreement
to
install,
replace,
or
1
convert
ethanol
infrastructure
based
on
its
priority
status
as
2
provided
in
subsection
4B.
>
3
73.
By
striking
page
38,
line
30,
through
page
39,
line
4,
4
and
inserting:
5
<
The
infrastructure
board
shall
approve
cost-share
financing
6
agreements
executed
entered
into
by
the
department
and
persons
7
that
the
infrastructure
board
determines
are
eligible
as
8
provided
in
this
section
,
according
to
terms
and
conditions
9
required
by
the
infrastructure
board.
The
infrastructure
board
10
shall
determine
the
amount
of
the
financial
incentives
to
be
11
awarded
to
a
person
participating
in
the
program.
In
order
to
12
be
eligible
to
participate
in
the
program
,
all
of
the
following
13
must
apply:
>
14
74.
Page
39,
before
line
5
by
inserting:
15
<
Sec.
___.
Section
159A.14,
subsection
3,
paragraph
b,
16
subparagraph
(4),
Code
2022,
is
amended
to
read
as
follows:
17
(4)
A
statement
certifying
that
the
infrastructure
shall
18
only
be
used
to
comply
with
the
provisions
of
this
section
and
19
as
specified
in
the
cost-share
financing
agreement,
unless
20
granted
a
waiver
by
the
infrastructure
board
pursuant
to
this
21
section
.
22
Sec.
___.
Section
159A.14,
Code
2022,
is
amended
by
adding
23
the
following
new
subsections:
24
NEW
SUBSECTION
.
4A.
A
financing
agreement
shall
be
for
25
a
five-year
period.
The
financing
agreement
shall
include
26
provisions
for
standard
financial
incentives
or
standard
27
financial
incentives
and
supplemental
financial
incentives
as
28
provided
in
this
section.
The
infrastructure
board
may
approve
29
multiple
improvements
to
the
same
retail
motor
fuel
site
for
30
the
full
amount
available
for
both
ethanol
infrastructure
31
and
biodiesel
infrastructure
so
long
as
the
improvements
for
32
ethanol
infrastructure
and
for
biodiesel
infrastructure
are
33
made
under
separate
financing
statements.
34
a.
For
the
term
of
a
financing
agreement
to
improve
a
35
-11-
HF
2128.4452.S
(1)
89
mb
11/
17
#73.
#74.
retail
motor
fuel
site
by
installing,
replacing,
or
converting
1
ethanol
infrastructure,
the
participating
person
must
use
the
2
ethanol
infrastructure
to
store
and
dispense,
or
store,
blend,
3
and
dispense,
ethanol
blended
gasoline
classified
as
E-15
or
4
higher.
5
b.
For
the
term
of
a
financing
agreement
to
improve
a
6
retail
motor
fuel
site
by
installing,
replacing,
or
converting
7
biodiesel
infrastructure,
the
participating
person
must
use
8
the
biodiesel
infrastructure
to
store
and
dispense,
or
store,
9
blend,
and
dispense,
biodiesel
blended
fuel
classified
as
B-5
10
or
higher.
However,
at
least
for
the
period
beginning
April
1
11
and
ending
October
31
of
each
year,
the
participating
person
12
must
use
the
biodiesel
infrastructure
to
store
and
dispense,
or
13
store,
blend,
and
dispense,
biodiesel
blended
fuel
classified
14
as
B-11
or
higher.
15
NEW
SUBSECTION
.
4B.
a.
The
infrastructure
board
shall
16
award
standard
financial
incentives
to
improve
a
retail
motor
17
fuel
site
by
installing,
replacing,
or
converting
ethanol
18
infrastructure
designated
by
the
department
as
a
tier
I
site
19
or
tier
II
site.
The
department’s
designation
shall
be
based
20
on
all
of
the
following:
21
(1)
The
total
number
of
retail
motor
fuel
sites
that
store
22
and
dispense
gasoline,
or
store,
blend,
and
dispense
gasoline,
23
that
are
owned
or
operated
in
this
state
by
the
eligible
person
24
on
the
date
of
the
application.
25
(2)
The
retail
motor
fuel
site’s
average
total
gasoline
26
gallonage
for
the
qualifying
phase
that
includes
the
three
27
calendar
years
immediately
prior
to
the
year
that
the
eligible
28
person
submitted
the
application.
29
(a)
Upon
request
by
the
department
of
agriculture
and
30
land
stewardship,
the
department
of
revenue
shall
certify
the
31
average
total
gasoline
gallonage
for
the
retail
motor
fuel
site
32
computed
for
the
qualifying
phase.
The
computation
shall
be
33
based
on
site-by-site
information
for
the
retail
motor
fuel
34
site
in
reports
required
to
be
filed
for
determination
periods
35
-12-
HF
2128.4452.S
(1)
89
mb
12/
17
by
the
retail
dealer
with
the
department
of
revenue
pursuant
1
to
chapter
452A,
subchapter
II.
However,
if
the
department
2
of
revenue
cannot
obtain
site-by-site
information
for
the
3
retail
motor
fuel
site
from
such
reports,
the
department
of
4
revenue
may
use
other
methods,
including
records
maintained
by
5
the
department
of
revenue
under
chapter
422,
to
compute
the
6
retail
motor
fuel
site’s
gallonage
for
all
or
any
part
of
that
7
qualifying
phase.
8
(b)
A
person
who
submits
an
application
under
this
9
section
shall
waive
the
confidentiality
of
information
in
the
10
department
of
revenue’s
certification
identifying
the
person
11
or
retail
motor
fuel
site
otherwise
applicable
under
chapter
12
422
or
452A.
The
information
maintained
by
the
department
13
of
agriculture
and
land
stewardship
under
this
section
is
a
14
confidential
record
under
section
22.7
and
shall
be
used
by
15
the
department
of
agriculture
and
land
stewardship
and
the
16
infrastructure
board
for
the
limited
purpose
of
evaluating
17
the
eligible
person’s
application
for
approval
and
entering
18
into
a
financing
agreement
with
the
participating
person.
19
The
application
shall
include
a
notice
of
the
waiver.
The
20
department
of
agriculture
and
land
stewardship
or
the
21
infrastructure
board
shall
redact
such
identifying
information
22
in
any
record
otherwise
requiring
disclosure
by
that
department
23
under
chapter
22.
24
(c)
The
department
of
revenue,
in
cooperation
with
the
25
department
of
agriculture
and
land
stewardship,
may
adopt
rules
26
to
administer
this
subparagraph.
27
b.
(1)
For
a
tier
I
site,
all
of
the
following
apply:
28
(a)
The
eligible
person
must
own
or
operate
a
total
of
ten
29
or
fewer
of
the
retail
motor
fuel
sites
described
in
paragraph
30
“a”
regardless
of
their
designations.
31
(b)
The
eligible
person
must
not
have
stored
and
dispensed
32
E-15
gasoline
at
the
retail
motor
fuel
site
at
any
time
prior
33
to
submitting
the
application.
34
(c)
The
retail
motor
fuel
site’s
average
total
gasoline
35
-13-
HF
2128.4452.S
(1)
89
mb
13/
17
gallonage
as
certified
by
the
department
of
revenue
as
provided
1
in
paragraph
“a”
must
not
be
more
than
one
hundred
forty
2
thousand
gallons.
3
(2)
The
amount
of
standard
financial
incentives
awarded
to
4
improve
the
tier
I
site
is
ninety
percent
of
the
actual
cost
5
of
making
the
improvement
or
sixty-three
thousand
nine
hundred
6
dollars,
whichever
is
less.
7
c.
(1)
For
a
tier
II
site,
all
of
the
following
apply:
8
(a)
The
eligible
person
must
own
or
operate
a
total
of
ten
9
or
fewer
retail
motor
fuel
sites
described
in
paragraph
“a”
10
regardless
of
their
designations.
11
(b)
The
eligible
person
must
not
have
stored
and
dispensed
12
E-15
gasoline
at
the
retail
motor
fuel
site
at
any
time
prior
13
to
submitting
the
application.
14
(c)
The
retail
motor
fuel
site’s
average
total
gasoline
15
gallonage
as
certified
by
the
department
of
revenue
as
provided
16
in
paragraph
“a”
must
be
more
than
one
hundred
forty
thousand
17
gallons
but
not
more
than
four
hundred
fifty
thousand
gallons.
18
(2)
The
amount
of
standard
financial
incentives
awarded
to
19
improve
the
tier
II
site
is
seventy-five
percent
of
the
actual
20
cost
of
making
the
improvements
or
fifty-three
thousand
two
21
hundred
fifty
dollars,
whichever
is
less.
22
d.
The
infrastructure
board
shall
award
standard
financial
23
incentives
to
improve
a
retail
motor
fuel
site
by
installing,
24
replacing,
or
converting
ethanol
infrastructure
at
a
tier
III
25
site
as
designated
by
the
department.
26
(1)
Any
retail
motor
fuel
site
not
designated
as
a
tier
I
27
site
under
paragraph
“b”
or
a
tier
II
site
under
paragraph
“c”
28
shall
be
designated
as
a
tier
III
site.
29
(2)
The
amount
of
standard
financial
incentives
awarded
to
30
improve
the
tier
III
site
is
seventy
percent
of
the
actual
cost
31
of
making
the
improvement
or
fifty
thousand
dollars,
whichever
32
is
less.
33
e.
The
infrastructure
board
shall
establish
a
system
to
rank
34
applications
to
improve
a
retail
motor
fuel
site
by
installing,
35
-14-
HF
2128.4452.S
(1)
89
mb
14/
17
replacing,
or
converting
ethanol
infrastructure
according
to
an
1
order
or
priority
order
as
follows:
2
(1)
For
the
first
priority,
a
retail
motor
fuel
site
3
assigned
a
special
status
as
provided
in
subsection
2.
4
(2)
For
the
second
priority,
a
retail
motor
fuel
site
that
5
is
a
tier
I
site
as
provided
in
this
subsection.
6
(3)
For
the
third
priority,
a
retail
motor
fuel
site
that
is
7
a
tier
II
site
as
provided
in
this
subsection.
8
(4)
For
the
fourth
priority,
a
tier
III
site
as
provided
9
in
this
subsection.
Among
tier
III
sites,
the
infrastructure
10
board
shall
prioritize
a
retail
motor
fuel
site
that
included
11
motor
fuel
storage
and
dispensing
infrastructure
used
to
store
12
and
dispense
gasoline
prior
to
January
1,
2023.
13
NEW
SUBSECTION
.
4C.
The
amount
of
standard
financial
14
incentives
awarded
to
an
eligible
person
to
improve
a
retail
15
motor
fuel
site
by
installing,
replacing,
or
converting
16
biodiesel
infrastructure
is
seventy
percent
of
the
actual
cost
17
of
making
the
improvement
or
fifty
thousand
dollars,
whichever
18
is
less.
19
Sec.
___.
Section
159A.14,
subsection
5,
unnumbered
20
paragraph
1,
Code
2022,
is
amended
by
striking
the
unnumbered
21
paragraph
and
inserting
in
lieu
thereof
the
following:
22
The
department
may
provide
for
dedicated
financing
to
23
an
eligible
person
who
receives
standard
financing
under
24
subsection
4B
or
4C,
subject
to
all
of
the
following:
25
Sec.
___.
Section
159A.14,
subsection
5,
paragraph
a,
Code
26
2022,
is
amended
by
striking
the
paragraph
and
inserting
in
27
lieu
thereof
the
following:
28
a.
If
the
department
determines
that
a
participating
person
29
is
assigned
special
status
because
the
participating
person
is
30
ineligible
to
be
issued
an
E-15
incompatible
infrastructure
31
class
2
waiver
order
for
the
retail
motor
fuel
site
as
provided
32
in
subsection
2,
the
infrastructure
board
may
approve
one
33
or
multiple
awards
of
standard
financial
incentives
to
make
34
improvements
to
that
retail
motor
fuel
site
subject
to
all
of
35
-15-
HF
2128.4452.S
(1)
89
mb
15/
17
the
following:
1
(1)
The
total
amount
of
awards
shall
not
be
reduced
by
the
2
amount
of
any
standard
or
special
financial
incentives
awarded
3
to
improve
the
retail
motor
fuel
site
under
a
prior
financing
4
agreement,
notwithstanding
subsection
4A.
5
(2)
The
total
amount
of
awards
for
ethanol
infrastructure
6
under
the
financing
agreement
to
be
entered
into
by
the
retail
7
dealer
and
department
shall
not
exceed
the
limitations
provided
8
in
subsection
4B.
>
9
75.
Page
39,
line
5,
after
<
subsection
5,
>
by
inserting
10
<
paragraph
b,
>
11
76.
By
striking
page
39,
line
7,
through
page
41,
line
6,
12
and
inserting:
13
<
b.
In
addition
to
any
standard
financial
incentives
awarded
14
to
a
participating
person
under
paragraph
“a”
,
subsections
4B
15
and
4C,
the
participating
person
may
be
awarded
supplemental
16
financial
incentives
to
make
improvements
to
a
retail
motor
17
fuel
site
to
do
any
of
the
following:
>
18
77.
Page
41,
by
striking
lines
24
and
25
and
inserting
19
<
incentives
under
this
subparagraph
paragraph
“b”
and
standard
20
financial
incentives
under
paragraph
“a”
subsection
4B
or
4C
to
21
improve
the
>
22
78.
Page
42,
after
line
4
by
inserting:
23
<
Sec.
___.
Section
159A.14,
subsection
6,
unnumbered
24
paragraph
1,
Code
2022,
is
amended
to
read
as
follows:
25
A
participating
person
shall
not
use
the
infrastructure
to
26
store
and
dispense
motor
fuel
other
than
the
type
of
renewable
27
fuel
approved
by
the
board
in
the
cost-share
financing
28
agreement,
unless
one
of
the
following
applies:
>
29
79.
Page
42,
after
line
16
by
inserting:
30
<
Sec.
___.
EFFECTIVE
DATE.
This
part
of
this
division
of
31
this
Act
takes
effect
January
1,
2023.
32
PART
B
33
RULEMAKING
34
Sec.
___.
ADMINISTRATIVE
RULES.
The
department
of
35
-16-
HF
2128.4452.S
(1)
89
mb
16/
17
#75.
#76.
#77.
#78.
#79.
agriculture
and
land
stewardship
shall
submit
a
notice
of
1
intended
action
to
the
administrative
rules
coordinator
and
2
the
Iowa
administrative
code
editor
pursuant
to
section
17A.4,
3
subsection
1,
paragraph
“a”,
not
later
than
July
1,
2022,
for
4
the
adoption
of
rules
required
to
implement
part
A
of
this
5
division
of
this
Act.
6
Sec.
___.
EFFECTIVE
DATE.
This
part
of
this
division
of
7
this
Act,
being
deemed
of
immediate
importance,
takes
effect
8
upon
enactment.
>
9
80.
By
striking
page
42,
line
17,
through
page
43,
line
3.
10
81.
By
renumbering
as
necessary.
11
-17-
HF
2128.4452.S
(1)
89
mb
17/
17
#80.