House File 2263 - Introduced
HOUSE FILE
BY MAY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to motor vehicles and motor vehicle fuel, by
2 providing for notice to consumers that a motor vehicle is a
3 flexible fuel motor vehicle.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 6261HH 81
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PAG LIN
1 1 Section 1. Section 159A.2, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 3A. "E=85 gasoline" and "ethanol blended
1 4 gasoline" mean the same as defined in section 214A.1.
1 5 Sec. 2. Section 159A.2, subsection 6, Code 2005, is
1 6 amended to read as follows:
1 7 6. "Renewable fuel" means an energy source at least in
1 8 part derived from an organic compound capable of powering
1 9 machinery, including an engine or power plant. A renewable
1 10 fuel includes but is not limited to ethanol=blended ethanol
1 11 blended gasoline or soydiesel fuel.
1 12 Sec. 3. Section 159A.6, subsection 2, unnumbered paragraph
1 13 2, Code 2005, is amended to read as follows:
1 14 2A. The committee shall develop standards for decals
1 15 required pursuant to section 214A.16, which shall be designed
1 16 to promote the advantages of using renewable fuels. The
1 17 standards may be incorporated within a model decal adopted by
1 18 the committee and approved by the office. The committee shall
1 19 assist the state department of transportation in developing
1 20 standards for a decal required to be affixed to a flexible
1 21 fuel motor vehicle offered for sale by a dealer pursuant to
1 22 section 321.163.
1 23 Sec. 4. Section 214A.1, Code 2005, is amended by adding
1 24 the following new subsections:
1 25 NEW SUBSECTION. 1A. "E=85 gasoline" means ethanol blended
1 26 gasoline formulated with a minimum percentage of between
1 27 seventy=five and eighty=five percent by volume of ethanol, if
1 28 the formulation meets the standards provided in section
1 29 214A.2.
1 30 NEW SUBSECTION. 1B. "Ethanol" means ethyl alcohol that is
1 31 denatured as required in 23 C.F.R., pts. 20 and 21, for use as
1 32 an oxygenate octane enhancer in gasoline.
1 33 NEW SUBSECTION. 1C. "Ethanol blended gasoline" means a
1 34 formulation of gasoline which is a liquid petroleum product
1 35 blended with ethanol, if the formulation meets the standards
2 1 provided in section 214A.2.
2 2 NEW SUBSECTION. 1D. "Gasoline" means any liquid product
2 3 prepared, advertised, offered for sale or sold for use as, or
2 4 commonly and commercially used as, motor vehicle fuel for use
2 5 in a spark=ignition, internal combustion engine, and which
2 6 meets the specifications provided in section 214A.2.
2 7 Sec. 5. Section 214A.2, subsection 3, Code 2005, is
2 8 amended by striking the subsection and inserting in lieu
2 9 thereof the following:
2 10 3. For motor vehicle fuel advertised for sale or sold as
2 11 gasoline by a dealer, the motor vehicle fuel must meet
2 12 registration requirements for fuels and fuel additives
2 13 established by the United States environmental protection
2 14 agency including as provided under 42 U.S.C. } 7545. If the
2 15 motor vehicle fuel is advertised for sale or sold as ethanol
2 16 blended gasoline, the motor vehicle fuel must comply with
2 17 departmental standards which to every extent feasible shall
2 18 comply with specifications adopted by A.S.T.M. international.
2 19 a. For ethanol blended gasoline all of the following shall
2 20 apply:
2 21 (1) Except as provided in subparagraph (2), at least ten
2 22 percent of the gasoline by volume must be ethanol.
2 23 (2) For E=85 gasoline all of the following must apply:
2 24 (a) From the first day of April until the last day of
2 25 October, at least eighty=five percent of the gasoline by
2 26 volume must be ethanol.
2 27 (b) From the first day of November until the last day of
2 28 March, at least seventy=five percent of the gasoline by volume
2 29 must be ethanol.
2 30 b. In calculating the percentage of ethanol required for
2 31 the formulation of ethanol blended fuel, a percentage of a
2 32 denaturant or contaminants permitted in the ethanol blended
2 33 gasoline may be excluded as provided by rules adopted by the
2 34 department.
2 35 FLEXIBLE FUEL VEHICLES
3 1 Sec. 6. NEW SECTION. 321.163 FLEXIBLE FUEL MOTOR
3 2 VEHICLES == DECAL REQUIRED.
3 3 A dealer who sells motor vehicles on a retail basis shall
3 4 affix a removable decal on each flexible fuel motor vehicle
3 5 equipped with an engine operating using E=85 gasoline as
3 6 defined in section 214A.1 which notifies consumers that the
3 7 motor vehicle is a flexible fuel motor vehicle. The dealer
3 8 shall affix the decal to a flexible fuel motor vehicle's
3 9 windshield or motor fuel tank door. The department may
3 10 approve an application submitted by a dealer in a manner
3 11 prescribed by the department to affix the decal in a special
3 12 location on the motor vehicle or use a temporary placard
3 13 conspicuously placed on the flexible fuel motor vehicle in a
3 14 manner approved by the department until the decal is
3 15 available. The department shall adopt standards for the
3 16 design of the decal in cooperation with the renewable fuels
3 17 and coproducts advisory committee established pursuant to
3 18 section 159A.4.
3 19 Sec. 7. Section 452A.2, Code Supplement 2005, is amended
3 20 by adding the following new subsection:
3 21 NEW SUBSECTION. 9A. "E=85 gasoline" means the same as
3 22 defined in section 214A.1.
3 23 Sec. 8. Section 452A.2, subsection 11, Code Supplement
3 24 2005, is amended to read as follows:
3 25 11. "Ethanol blended gasoline" means motor fuel containing
3 26 at least ten percent alcohol distilled from cereal grains the
3 27 same as defined in section 214A.1.
3 28 Sec. 9. Section 452A.3, subsection 1B, Code Supplement
3 29 2005, is amended to read as follows:
3 30 1B. An excise tax of seventeen cents is imposed on each
3 31 gallon of E=85 gasoline, which contains at least eighty=five
3 32 percent denatured alcohol by volume from the first day of
3 33 April until the last day of October or seventy percent
3 34 denatured alcohol from the first day of November until the
3 35 last day of March, used for the privilege of operating motor
4 1 vehicles in this state.
4 2 EXPLANATION
4 3 This bill amends Code chapter 214A, which provides
4 4 authority to the department of agriculture and land
4 5 stewardship to regulate the sale of motor vehicle fuel. The
4 6 bill amends Code section 214A.1 by providing definitions for
4 7 "ethanol", "ethanol blended gasoline", and "E=85 gasoline".
4 8 It also amends Code section 214A.2, which provides for
4 9 different types of gasoline and establishes standards for
4 10 gasoline, commonly based on A.S.T.M. international
4 11 specifications. The bill amends the section to require that
4 12 ethanol blended gasoline contain a blend of at least 10
4 13 percent ethanol. It designates gasoline with a minimum
4 14 seasonal blend of between 75 and 85 percent or more ethanol as
4 15 E=85 blended gasoline based on current law (see Code
4 16 Supplement section 452A.3).
4 17 The bill amends Code chapter 321, which regulates motor
4 18 vehicles and the law of the road. Specifically, it regulates
4 19 dealers who have an established place of business in this
4 20 state for purposes of buying, selling, or exchanging motor
4 21 vehicles registered under the Code chapter.
4 22 The bill provides that a dealer who sells motor vehicles on
4 23 a retail basis must affix a removable decal on each flexible
4 24 fuel motor vehicle equipped with an engine operating using E=
4 25 85 gasoline which notifies consumers that the motor vehicle is
4 26 a flexible fuel motor vehicle. The bill provides where the
4 27 decal is to be placed on the flexible fuel motor vehicle and
4 28 allows a dealer to use a placard in lieu of the decal until
4 29 the decal is available. The department must establish
4 30 standards for the design of the decal in cooperation with the
4 31 renewable fuels and coproducts advisory committee established
4 32 within the department of agriculture and land stewardship.
4 33 LSB 6261HH 81
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