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.