Senate Study Bill 3054





                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            NATURAL RESOURCES AND
                                            ENVIRONMENT BILL BY
                                            CO=CHAIRPERSONS BLACK
                                            AND HOUSER)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to renewable fuel, including ethanol blended fuel
  2    and biodiesel blended fuel, providing for tax credits, and
  3    providing penalties.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6142XC 81
  6 da/je/5

PAG LIN



  1  1                           DIVISION I
  1  2            ESTABLISHMENT OF RENEWABLE FUEL STANDARDS
  1  3    Section 1.  Section 214A.1, Code 2005, is amended by adding
  1  4 the following new subsections:
  1  5    NEW SUBSECTION.  0A.  "Advertise" means to present a
  1  6 commercial message in any medium, including but not limited to
  1  7 print, radio, television, sign, display, label, tag, or
  1  8 articulation.
  1  9    NEW SUBSECTION.  1A.  "Biodiesel" means a combustible
  1 10 liquid comprised of mono=alkyl esters of long chain fatty
  1 11 acids which is all of the following:
  1 12    a.  A renewable fuel that is a motor fuel capable of
  1 13 powering diesel engines or aircraft engines.
  1 14    b.  Processed from natural oils or fats derived from crops
  1 15 such as soybeans, vegetables, or animals.
  1 16    NEW SUBSECTION.  1B.  "Biodiesel blended fuel" means a
  1 17 formulation of diesel fuel which is a liquid petroleum product
  1 18 blended with biodiesel.
  1 19    NEW SUBSECTION.  1C.  "Business association" means the same
  1 20 as defined in section 202B.102.
  1 21    NEW SUBSECTION.  1D.  "Committee" means the renewable fuels
  1 22 and coproducts advisory committee established pursuant to
  1 23 section 159A.4.
  1 24    NEW SUBSECTION.  1E.  "Dealer" means a wholesale dealer or
  1 25 retail dealer.
  1 26    NEW SUBSECTION.  1F.  "Diesel fuel" means any liquid
  1 27 product prepared, advertised, offered for sale or sold for use
  1 28 as, or commonly and commercially used as, motor fuel for use
  1 29 in an internal combustion engine and ignited by pressure
  1 30 without the presence of an electric spark.
  1 31    NEW SUBSECTION.  1G.  "E=85 gasoline" means ethanol blended
  1 32 gasoline formulated with a minimum percentage of between
  1 33 seventy=five and eighty=five percent by volume of ethanol, if
  1 34 the formulation meets the standards provided in section
  1 35 214A.2.
  2  1    NEW SUBSECTION.  1H.  "Ethanol" means ethyl alcohol that is
  2  2 denatured as required in 23 C.F.R., pts. 20 and 21, for use as
  2  3 an oxygenate in gasoline.
  2  4    NEW SUBSECTION.  1I.  "Ethanol blended gasoline" means a
  2  5 formulation of gasoline which is a liquid petroleum product
  2  6 blended with ethanol, if the formulation meets the standards
  2  7 provided in section 214A.2.
  2  8    NEW SUBSECTION.  1J.  "Gasoline" means any liquid product
  2  9 prepared, advertised, offered for sale or sold for use as, or
  2 10 commonly and commercially used as, motor vehicle fuel for use
  2 11 in a spark=ignition, internal combustion engine, and which
  2 12 meets the specifications provided in section 214A.2.
  2 13    NEW SUBSECTION.  1K.  "Motor fuel pump" means the same as
  2 14 defined in section 214.1.
  2 15    NEW SUBSECTION.  1L.  "Motor fuel retail business" or
  2 16 "business" means a person who is a retail dealer or who
  2 17 exercises control over the management decisions of a retail
  2 18 dealer, including any business association, which owns or
  2 19 controls one or more service stations.
  2 20    NEW SUBSECTION.  5A.  "Renewable fuel" means a combustable
  2 21 liquid derived from grain starch, oilseed, animal fat, or
  2 22 other biomass; or produced from a biogas source, including any
  2 23 nonfosilized decaying organic matter which is capable of
  2 24 powering machinery, including but not limited to an engine or
  2 25 power plant.  Renewable fuel includes but is not limited to
  2 26 ethanol blended gasoline, biodiesel, or biodiesel blended fuel
  2 27 meeting the standards of section 214A.2.
  2 28    NEW SUBSECTION.  7A.  "Service station" means each
  2 29 geographic location in this state where a retail dealer sells
  2 30 and dispenses motor fuel on a retail basis.
  2 31    Sec. 2.  Section 214A.1, subsection 2, Code 2005, is
  2 32 amended to read as follows:
  2 33    2.  "Motor vehicle fuel" means a substance or combination
  2 34 of substances which is intended to be or is capable of being
  2 35 used for the purpose of propelling or running by combustion
  3  1 any of operating an internal combustion engine, including but
  3  2 not limited to a motor vehicle, and is kept for sale or sold
  3  3 for that purpose.  The products commonly known as kerosene and
  3  4 distillate or petroleum products of lower gravity (Baume
  3  5 scale), when not used to propel a motor vehicle or for
  3  6 compounding or combining with a motor vehicle fuel, are exempt
  3  7 from this chapter except as provided in section 214A.2A.
  3  8    Sec. 3.  Section 214A.1, subsections 6 and 8, Code 2005,
  3  9 are amended by striking the subsections and inserting in lieu
  3 10 thereof the following:
  3 11    6.  "Retail dealer" means a person who operates a place of
  3 12 business where motor fuel is stored and dispensed from a motor
  3 13 fuel pump for sale on a retail basis, including a service
  3 14 station or mobile location.
  3 15    8.  "Wholesale dealer" means a person, other than a retail
  3 16 dealer, who operates a place of business where motor fuel is
  3 17 stored and dispensed for sale in this state, including a
  3 18 permanent or mobile location.
  3 19    Sec. 4.  Section 214A.2, subsection 1, Code 2005, is
  3 20 amended to read as follows:
  3 21    1.  The secretary department shall adopt rules pursuant to
  3 22 chapter 17A for carrying out this chapter.  The rules may
  3 23 include, but are not limited to, specifications relating to
  3 24 motor fuel or oxygenate octane enhancers, including but not
  3 25 limited to gasoline or renewable fuel such as ethanol blended
  3 26 gasoline and its components such as an oxygenate or other
  3 27 additive.  In the interest of uniformity, the secretary
  3 28 department shall adopt by reference or otherwise
  3 29 specifications relating to tests and standards for motor fuel
  3 30 or oxygenate octane enhancers including renewable fuel,
  3 31 established by the United States environmental protection
  3 32 agency or A.S.T.M. (American society for testing and
  3 33 materials) international, unless the secretary department
  3 34 determines that those specifications are inconsistent with
  3 35 this chapter or are not appropriate to the conditions which
  4  1 exist in this state.  The department shall consult with the
  4  2 committee when establishing the standards.
  4  3    Sec. 5.  Section 214A.2, Code 2005, is amended by adding
  4  4 the following new subsection:
  4  5    NEW SUBSECTION.  2A.  a.  For motor fuel advertised for
  4  6 sale or sold as gasoline by a dealer, the motor fuel must meet
  4  7 registration requirements for fuels and fuel additives
  4  8 established by the United States environmental protection
  4  9 agency including as provided under 42 U.S.C. } 7545.
  4 10    b.  If the motor fuel is advertised for sale or sold as
  4 11 ethanol blended gasoline, the gasoline must comply with
  4 12 departmental standards which to every extent feasible shall
  4 13 comply with specifications adopted by A.S.T.M. international.
  4 14 For ethanol blended gasoline, all of the following shall
  4 15 apply:
  4 16    (1)  For ethanol blended gasoline other than E=85 gasoline,
  4 17 at least ten percent of the gasoline by volume must be
  4 18 ethanol.
  4 19    (2)  For E=85 gasoline all of the following must apply:
  4 20    (a)  From the first day of April until the last day of
  4 21 October, at least eighty=five percent of the gasoline by
  4 22 volume must be ethanol.
  4 23    (b)  From the first day of November until the last day of
  4 24 March, at least seventy=five percent of the gasoline by volume
  4 25 must be ethanol.
  4 26    (3)  In calculating the percentage of ethanol required for
  4 27 the formulation of ethanol blended gasoline fuel, a percentage
  4 28 of a denaturant or contaminants permitted in the ethanol
  4 29 blended gasoline may be excluded as provided by rules adopted
  4 30 by the department.
  4 31    Sec. 6.  Section 214A.2, subsection 3, Code 2005, is
  4 32 amended by striking the subsection.
  4 33    Sec. 7.  Section 214A.2A, Code 2005, is amended to read as
  4 34 follows:
  4 35    214A.2A  KEROSENE LABELING.
  5  1    1.  Fuel which is sold or is kept, offered, or exposed for
  5  2 sale as kerosene shall be labeled as kerosene.  The label
  5  3 shall include the word "kerosene" and a designation as either
  5  4 "K1" or "K2", and shall indicate that the kerosene is in
  5  5 compliance with the standard specification adopted by the
  5  6 A.S.T.M. in international specification D=3699 (1982).
  5  7    2.  A product commonly known as kerosene and distillate or
  5  8 a petroleum product of lower gravity (Baume scale), when not
  5  9 used to propel a motor vehicle or for compounding or combining
  5 10 with a motor fuel, are exempt from this chapter except as
  5 11 provided in this section.
  5 12    Sec. 8.  Section 214A.3, Code 2005, is amended to read as
  5 13 follows:
  5 14    214A.3  FALSE REPRESENTATIONS ADVERTISING.
  5 15    A person for purposes of selling shall not falsely
  5 16 represent do any of the following:
  5 17    1.  Falsely advertise the quality or kind of any motor
  5 18 vehicle fuel or oxygenate octane enhancer or add which may be
  5 19 added to motor fuel.
  5 20    2.  Falsely advertise that a motor fuel is a renewable
  5 21 fuel.  The dealer shall not advertise the sale of motor fuel
  5 22 using the term "ethanol", "E=85", or use any derivative,
  5 23 plural, or compound of any such word unless the motor vehicle
  5 24 fuel meets the standards provided in section 214A.2.
  5 25    3.  Add a coloring matter thereto to motor fuel for the
  5 26 purpose of misleading the public as to its quality.
  5 27                          SUBCHAPTER 2
  5 28                PETROLEUM REPLACEMENT INITIATIVE
  5 29    Sec. 9.  NEW SECTION.  214A.31  RENEWABLE FUELS SOLD AND
  5 30 DISPENSED DURING A DETERMINATION PERIOD.
  5 31    For each determination period beginning January 1 and
  5 32 ending December 31, the department of revenue shall obtain
  5 33 information regarding the distribution of renewable fuels
  5 34 dispensed from motor fuel pumps located at service stations in
  5 35 this state, including information required to calculate all of
  6  1 the following:
  6  2    1.  The aggregate distribution percentage for a motor fuel
  6  3 retail business, which is the total number of gallons of
  6  4 ethanol sold and dispensed as a formulation of ethanol blended
  6  5 gasoline from motor fuel pumps located at all service stations
  6  6 owned or controlled by the motor fuel retail business in this
  6  7 state as expressed as a percentage of the total number of
  6  8 gallons of gasoline sold and dispensed from all motor fuel
  6  9 pumps located at all service stations owned or controlled by
  6 10 the motor fuel retail business in this state, which percentage
  6 11 is used in determining whether the motor fuel retail business
  6 12 meets the threshold as provided in the petroleum replacement
  6 13 schedule established pursuant to sections 214A.33 and 214A.34.
  6 14    2.  The total number of gallons of biodiesel sold and
  6 15 dispensed as a formulation of biodiesel blended fuel from
  6 16 motor fuel pumps located at all service stations owned or
  6 17 controlled by a motor fuel retail business in this state,
  6 18 which is used in determining whether the motor fuel retail
  6 19 business meets the threshold as provided in the petroleum
  6 20 replacement schedule established pursuant to sections 214A.33
  6 21 and 214A.34.
  6 22    Sec. 10.  NEW SECTION.  214A.32  RENEWABLE FUELS SOLD AND
  6 23 DISPENSED DURING A DETERMINATION PERIOD == REPORT.
  6 24    1.  The department of agriculture and land stewardship, in
  6 25 cooperation with the committee, and the department of revenue
  6 26 shall jointly monitor the progress of each motor fuel retail
  6 27 business in meeting the thresholds as provided in the
  6 28 petroleum replacement schedule established pursuant to
  6 29 sections 214A.33 and 214A.34.
  6 30    2.  On or before February 1 following a determination
  6 31 period, the department of revenue shall send a report which
  6 32 compiles the information obtained pursuant to section 214A.31
  6 33 to the department of agriculture and land stewardship and the
  6 34 fiscal services division of the legislative services agency.
  6 35 The report shall state whether the aggregate distribution
  7  1 percentage for each motor fuel retail business for the
  7  2 determination period meets the threshold required as provided
  7  3 in section 214A.33, and if the threshold is not met, the
  7  4 amount of additional renewable fuel required to be sold and
  7  5 dispensed from all motor fuel pumps located at all service
  7  6 stations owned or controlled by each motor fuel retail
  7  7 business in order to meet the threshold.
  7  8    Sec. 11.  NEW SECTION.  214A.33  PETROLEUM REPLACEMENT
  7  9 SCHEDULE.
  7 10    A petroleum replacement schedule is established based on
  7 11 aggregate distribution percentages calculated by the
  7 12 department of revenue for each determination period pursuant
  7 13 to section 214A.31.
  7 14    1.  a.  For a motor fuel retail business that sells and
  7 15 dispenses more than five hundred thousand gallons of gasoline,
  7 16 all of the following shall apply:
  7 17    (1)  For each determination period in the period beginning
  7 18 January 1, 2008, and ending December 31, 2009, the threshold
  7 19 for the aggregate distribution percentage must be ten percent.
  7 20    (2)  For each determination period in the period beginning
  7 21 January 1, 2010, and ending December 31, 2011, the threshold
  7 22 for the aggregate distribution percentage must be fifteen
  7 23 percent.
  7 24    (3)  For each determination period in the period beginning
  7 25 January 1, 2012, and ending December 31, 2014, the threshold
  7 26 for the aggregate distribution percentage must be twenty
  7 27 percent.
  7 28    (4)  For each determination period beginning on or after
  7 29 January 1, 2015, the threshold for the aggregate distribution
  7 30 percentage must be twenty=five percent.
  7 31    b.  If a business does not meet a threshold for a
  7 32 determination period as provided in paragraph "a", each gallon
  7 33 of biodiesel that is sold and dispensed as a formulation of
  7 34 biodiesel blended fuel from motor fuel pumps located at all
  7 35 service stations owned or controlled by the motor fuel retail
  8  1 business shall be counted as a gallon of ethanol.
  8  2    2.  a.  For a motor fuel retail business that sells and
  8  3 dispenses five hundred thousand gallons of gasoline or less,
  8  4 all of the following shall apply:
  8  5    (1)  For each determination period in the period beginning
  8  6 January 1, 2010, and ending December 31, 2011, the threshold
  8  7 for the aggregate distribution percentage must be ten percent.
  8  8    (2)  For each determination period in the period beginning
  8  9 January 1, 2012, and ending December 31, 2013, the threshold
  8 10 for the aggregate distribution percentage must be fifteen
  8 11 percent.
  8 12    (3)  For each determination period in the period beginning
  8 13 January 1, 2014, and ending December 31, 2016, the threshold
  8 14 for the aggregate distribution percentage must be twenty
  8 15 percent.
  8 16    (4)  For each determination period in the period beginning
  8 17 on or after January 1, 2017, the threshold for the aggregate
  8 18 distribution percentage must be twenty=five percent.
  8 19    b.  If a motor fuel retail business does not meet a
  8 20 threshold for a determination period as provided in paragraph
  8 21 "a", each gallon of biodiesel that is sold and dispensed as a
  8 22 formulation of biodiesel blended fuel from motor fuel pumps
  8 23 located at all service stations owned or controlled by the
  8 24 motor fuel retail business shall be counted as a gallon of
  8 25 ethanol.
  8 26    Sec. 12.  NEW SECTION.  214A.34  PETROLEUM REPLACEMENT
  8 27 SCHEDULE == ADJUSTMENT.
  8 28    1.  A threshold for an aggregate distribution percentage
  8 29 for a determination period established in the petroleum
  8 30 replacement schedule provided in section 214A.33 shall be
  8 31 based on an assumption that a target number of flexible fuel
  8 32 vehicles using E=85 gasoline are registered under chapter 321.
  8 33    The target numbers of flexible fuel vehicles are as
  8 34 follows:
  8 35    a.  On December 1 of 2010 and 2011, three hundred ninety=
  9  1 five thousand.
  9  2    b.  On December 1 of 2012 through 2014, five hundred fifty
  9  3 thousand.
  9  4    c.  On December 1 of 2015 and each year after that, eight
  9  5 hundred twenty=five thousand.
  9  6    2.  The department of revenue shall adjust a threshold for
  9  7 the aggregate distribution percentage for a determination
  9  8 period if the department determines that less than the target
  9  9 number of flexible fuel vehicles are registered pursuant to
  9 10 chapter 321.  The department shall calculate the total number
  9 11 of gallons of ethanol that would be used if the target number
  9 12 of flexible fuel vehicles were registered and adjust the
  9 13 threshold for the aggregate distribution percentage
  9 14 proportionally to account for the decrease in ethanol use.
  9 15    Sec. 13.  NEW SECTION.  214A.35  PUBLICATION OF THE
  9 16 PETROLEUM REPLACEMENT SCHEDULE THRESHOLD.
  9 17    The department shall state the total number of flexible
  9 18 fuel vehicles registered on December 1 of each year, whether
  9 19 the target number of flexible fuel vehicles have been
  9 20 registered as provided in section 214A.34, and the threshold
  9 21 for the aggregate distribution percentage for the following
  9 22 determination period as provided in section 214A.33.  If the
  9 23 department of revenue is required to adjust a threshold for
  9 24 the aggregate distribution percentage for a determination
  9 25 period as provided in section 214A.34, the department shall
  9 26 state the adjusted threshold.  The statements shall be
  9 27 delivered to the administrative code editor by December 10 for
  9 28 publication in the next edition of the Iowa administrative
  9 29 bulletin.
  9 30    Sec. 14.  NEW SECTION.  214A.36  FAILURE TO COMPLY WITH
  9 31 PETROLEUM REPLACEMENT SCHEDULE == PETROLEUM REPLACEMENT ORDER.
  9 32    If at the end of a determination period a motor fuel retail
  9 33 business has not met a threshold for the aggregate
  9 34 distribution percentage for the determination period as
  9 35 published in the Iowa administrative bulletin pursuant to
 10  1 section 214A.35, the secretary shall issue an accelerated
 10  2 petroleum replacement order after consulting with the
 10  3 committee and the department of revenue.
 10  4    1.  a.  The secretary shall deliver the order to each motor
 10  5 fuel retail business that fails to meet the threshold.
 10  6    b.  The secretary shall compile a report listing each motor
 10  7 fuel retail business that fails to meet the threshold.  The
 10  8 report shall be delivered to all of the following:
 10  9    (1)  The secretary of the senate and the chief clerk of the
 10 10 house of representatives.
 10 11    (2)  The office of attorney general.
 10 12    (3)  The department of revenue.
 10 13    (4)  The fiscal services division of the legislative
 10 14 services agency.
 10 15    c.  The accelerated petroleum replacement order shall take
 10 16 effect as provided in the order but no later than thirty days
 10 17 following the order's issuance.
 10 18    d.  The secretary may delay issuing the order or may
 10 19 suspend the effectiveness of the order for up to twelve months
 10 20 if the secretary determines that a shortage in the production
 10 21 biomass feedstock will result in a dramatic decrease in
 10 22 ethanol inventories.
 10 23    2.  If the secretary issues a petroleum replacement order,
 10 24 all of the following shall apply:
 10 25    a.  The motor fuel retail business that fails to meet the
 10 26 threshold shall be subject to a civil penalty of ten cents for
 10 27 each gallon of ethanol required to meet the threshold.  The
 10 28 civil penalty shall be assessed by the department of
 10 29 agriculture and land stewardship and deposited in the general
 10 30 fund of the state.  The civil penalties shall be deposited in
 10 31 the general fund of the state.
 10 32    b.  The motor fuel retail business that fails to meet the
 10 33 threshold, including each motor fuel retail business owned or
 10 34 controlled by a retail dealer, shall not be eligible to claim
 10 35 an ethanol blended gasoline tax credit as provided in sections
 11  1 422.11C or 422.33 for any part of the tax year which is
 11  2 subject to the petroleum replacement order.
 11  3    c.  (1)  Except as provided in subparagraph (2), a retail
 11  4 dealer that is owned or controlled by a motor fuel retail
 11  5 business which fails to meet the threshold shall not advertise
 11  6 for sale, sell, or dispense gasoline other than ethanol
 11  7 blended gasoline in this state.
 11  8    (2)  A retail dealer may advertise for sale, sell, or
 11  9 dispense gasoline, other than ethanol blended gasoline, in
 11 10 this state if both of the following apply:
 11 11    (a)  The gasoline is used to operate one of the following
 11 12 motor vehicles:
 11 13    (i)  An aircraft as defined in section 328.1.
 11 14    (ii)  A motor vehicle used exclusively for motor sports,
 11 15 including on a raceway, if the motor vehicle cannot operate on
 11 16 a highway as provided in chapter 321 or rules adopted by the
 11 17 state department of transportation.
 11 18    (iii)  An antique vehicle registered under section 321.115.
 11 19    (iv)  A snowmobile as defined in section 321G.1.
 11 20    (v)  An all=terrain vehicle as defined in section 321G.1.
 11 21    (vi)  A watercraft as defined in section 462A.2.
 11 22    (vii)  A small motor such as a lawnmower motor.
 11 23    (b)  The retail dealer does not use more than one motor
 11 24 fuel pump located at a service station to sell and dispense
 11 25 the gasoline.
 11 26    Sec. 15.  Section 422.11C, Code 2005, is amended by adding
 11 27 the following new subsection:
 11 28    NEW SUBSECTION.  6.  A taxpayer shall not be eligible to
 11 29 claim the tax credit for any part of the tax year which is
 11 30 subject to a petroleum replacement order that applies to the
 11 31 retail dealer as provided in section 214A.36.
 11 32    Sec. 16.  Section 422.33, subsection 11, Code Supplement
 11 33 2005, is amended by adding the following new paragraph:
 11 34    NEW PARAGRAPH.  e.  A taxpayer shall not be eligible to
 11 35 claim the tax credit for any part of the tax year which is
 12  1 subject to a petroleum replacement order that applies to the
 12  2 retail dealer as provided in section 214A.36.
 12  3    Sec. 17.  Section 452A.3, subsection 1B, Code Supplement
 12  4 2005, is amended to read as follows:
 12  5    1B.  An excise tax of seventeen cents is imposed on each
 12  6 gallon of E=85 gasoline, which contains at least eighty=five
 12  7 percent denatured alcohol by volume from the first day of
 12  8 April until the last day of October or seventy percent
 12  9 denatured alcohol from the first day of November until the
 12 10 last day of March, used for the privilege of operating motor
 12 11 vehicles in this state as defined in section 214A.1.
 12 12                           DIVISION II
 12 13          RENEWABLE FUEL TAX CREDIT FOR RETAIL DEALERS
 12 14    Sec. 18.  Section 422.11C, subsection 1, paragraphs a
 12 15 through g, Code 2005, are amended by striking the paragraphs
 12 16 and inserting in lieu thereof the following:
 12 17    a.  "E=85 gasoline", "ethanol blended gasoline",
 12 18 "gasoline", "retail dealer", and "service station" mean the
 12 19 same as defined in section 214A.1.
 12 20    b.  "Motor fuel pump" means the same as defined in section
 12 21 214.1.
 12 22    c.  "Sell" means to sell on a retail basis.
 12 23    d.  "Tax credit" means the designated ethanol blended
 12 24 gasoline tax credit as provided in this section.
 12 25    Sec. 19.  Section 422.11C, subsection 2, paragraph b, Code
 12 26 2005, is amended to read as follows:
 12 27    b.  The taxpayer operates at least one service station at
 12 28 which more than sixty percent of the total gallons of gasoline
 12 29 sold and dispensed through one or more metered motor fuel
 12 30 pumps by the taxpayer in the tax year is ethanol blended
 12 31 gasoline.
 12 32    Sec. 20.  Section 422.11C, subsection 3, Code 2005, is
 12 33 amended to read as follows:
 12 34    3.  a.  The tax credit shall be calculated separately for
 12 35 each service station site operated by the taxpayer.
 13  1    b.  The amount of the tax credit for each eligible service
 13  2 station is two and one=half cents multiplied by the total
 13  3 number of gallons of ethanol blended gasoline sold and
 13  4 dispensed through all metered motor fuel pumps located at that
 13  5 service station during the tax year in excess of sixty percent
 13  6 of all gasoline sold and dispensed through metered motor fuel
 13  7 pumps at that service station during the tax year.
 13  8    c.  The tax credit is not allowed for a gallon of E=85
 13  9 gasoline sold and distributed through a motor fuel pump
 13 10 located at a service station if the taxpayer claims an E=85
 13 11 gasoline tax credit for that same gallon of E=85 gasoline as
 13 12 provided in section 422.11M in the same tax year.
 13 13    Sec. 21.  NEW SECTION.  422.11M  E=85 GASOLINE TAX CREDIT.
 13 14    1.  As used in this section, unless the context otherwise
 13 15 requires:
 13 16    a.  "E=85 gasoline", "retail dealer", and "service station"
 13 17 mean the same as defined in section 214A.1.
 13 18    b.  "Motor fuel pump" means the same as defined in section
 13 19 214.1.
 13 20    c.  "Sell" means to sell on a retail basis.
 13 21    d.  "Tax credit" means an E=85 gasoline tax credit as
 13 22 provided in this section.
 13 23    2.  The taxes imposed under this division, less the credits
 13 24 allowed under sections 422.12 and 422.12B, shall be reduced by
 13 25 the amount of the E=85 gasoline tax credit for each tax year
 13 26 that the taxpayer is eligible to claim under this section.
 13 27    a.  In order to be eligible, all of the following must
 13 28 apply:
 13 29    (1)  The taxpayer is a retail dealer who owns or operates
 13 30 at least one service station at which E=85 gasoline is sold
 13 31 and dispensed through a motor fuel pump in the tax year in
 13 32 which the tax credit is claimed.
 13 33    (2)  The taxpayer complies with requirements of the
 13 34 department established to administer this section.
 13 35    b.  The tax credit shall be calculated for each service
 14  1 station owned or operated by the taxpayer in the tax year in
 14  2 which the tax credit is claimed.  The amount of the tax credit
 14  3 is calculated by multiplying a designated rate by the total
 14  4 number of gallons of E=85 gasoline sold and dispensed through
 14  5 all motor fuel pumps located at that service station during
 14  6 the tax year.  The designated rate is as follows:
 14  7    (1)  Ten cents per gallon of E=85 gasoline for each tax
 14  8 year of the period beginning January 1, 2007, and ending
 14  9 December 31, 2016.
 14 10    (2)  Five cents per gallon of E=85 gasoline for each tax
 14 11 year beginning on or after January 1, 2017.
 14 12    3.  Any credit in excess of the taxpayer's tax liability
 14 13 shall be refunded.  In lieu of claiming a refund, the taxpayer
 14 14 may elect to have the overpayment shown on the taxpayer's
 14 15 final, completed return credited to the tax liability for the
 14 16 following tax year.
 14 17    4.  An individual may claim the tax credit allowed a
 14 18 partnership, limited liability company, S corporation, estate,
 14 19 or trust electing to have the income taxed directly to the
 14 20 individual.  The amount claimed by the individual shall be
 14 21 based upon the pro rata share of the individual's earnings of
 14 22 the partnership, limited liability company, S corporation,
 14 23 estate, or trust.
 14 24    Sec. 22.  NEW SECTION.  422.11N  BIODIESEL BLENDED FUEL TAX
 14 25 CREDIT.
 14 26    1.  As used in this section, unless the context otherwise
 14 27 requires:
 14 28    a.  "Biodiesel blended fuel", "diesel fuel", "retail
 14 29 dealer", and "service station" mean the same as defined in
 14 30 section 214A.1.
 14 31    b.  "Motor fuel pump" means the same as defined in section
 14 32 214.1.
 14 33    c.  "Sell" means to sell on a retail basis.
 14 34    d.  "Tax credit" means a biodiesel blended fuel tax credit
 14 35 as provided in this section.
 15  1    2.  The taxes imposed under this division, less the credits
 15  2 allowed under sections 422.12 and 422.12B, shall be reduced by
 15  3 the amount of the biodiesel blended fuel tax credit for each
 15  4 tax year that the taxpayer is eligible to claim under this
 15  5 subsection.
 15  6    a.  In order to be eligible, all of the following must
 15  7 apply:
 15  8    (1)  The taxpayer is a retail dealer who owns or operates
 15  9 at least one service station at which biodiesel blended fuel
 15 10 is sold and dispensed through a motor fuel pump in the tax
 15 11 year in which the tax credit is claimed.
 15 12    (2)  The taxpayer complies with requirements of the
 15 13 department established to administer this section.
 15 14    b.  The tax credit shall be calculated for each service
 15 15 station owned or operated by the taxpayer in the tax year in
 15 16 which the tax credit is claimed.  The tax credit shall apply
 15 17 to biodiesel blended fuel formulated with a minimum percentage
 15 18 of two percent by volume of biodiesel, if the formulation
 15 19 meets the standards provided in section 214A.2.  The amount of
 15 20 the tax credit is calculated by multiplying a designated rate
 15 21 by the total number of gallons of biodiesel blended fuel sold
 15 22 and dispensed through all motor fuel pumps located at that
 15 23 service station during the tax year.  The designated rate is
 15 24 as follows:
 15 25    (1)  Three cents per gallon of biodiesel for all gallons of
 15 26 biodiesel blended fuel which is fifty percent or more but less
 15 27 than sixty percent of all diesel fuel sold and dispensed
 15 28 through the motor fuel pumps at the service station.
 15 29    (2)  Four cents per gallon of biodiesel for all gallons of
 15 30 biodiesel blended fuel which is sixty percent or more but less
 15 31 than seventy percent of all diesel fuel sold and dispensed
 15 32 through the motor fuel pumps at the service station.
 15 33    (3)  Five cents per gallon of biodiesel for all gallons of
 15 34 biodiesel blended fuel which is seventy percent or more of all
 15 35 diesel fuel sold and dispensed through the motor fuel pumps at
 16  1 the service station.
 16  2    3.  Any credit in excess of the taxpayer's tax liability
 16  3 shall be refunded.  In lieu of claiming a refund, the taxpayer
 16  4 may elect to have the overpayment shown on the taxpayer's
 16  5 final, completed return credited to the tax liability for the
 16  6 following tax year.
 16  7    4.  An individual may claim the tax credit allowed a
 16  8 partnership, limited liability company, S corporation, estate,
 16  9 or trust electing to have the income taxed directly to the
 16 10 individual.  The amount claimed by the individual shall be
 16 11 based upon the pro rata share of the individual's earnings of
 16 12 the partnership, limited liability company, S corporation,
 16 13 estate, or trust.
 16 14    Sec. 23.  Section 422.33, subsection 11, paragraph a,
 16 15 subparagraph (1), Code Supplement 2005, is amended to read as
 16 16 follows:
 16 17    (1)  "Ethanol "E=85 gasoline", "ethanol blended gasoline",
 16 18 "gasoline", "metered pump", "motor fuel pump", "retail
 16 19 dealer", "sell", and "service station" mean the same as
 16 20 defined in section 422.11C.
 16 21    Sec. 24.  Section 422.33, subsection 11, paragraph b,
 16 22 subparagraph (2), Code Supplement 2005, is amended to read as
 16 23 follows:
 16 24    (2)  The taxpayer operates at least one service station at
 16 25 which more than sixty percent of the total gallons of gasoline
 16 26 sold and dispensed through one or more metered motor fuel
 16 27 pumps by the taxpayer is ethanol blended gasoline.
 16 28    Sec. 25.  Section 422.33, subsection 11, paragraph c, Code
 16 29 Supplement 2005, is amended to read as follows:
 16 30    c.  (1)  The tax credit shall be calculated separately for
 16 31 each service station site operated by the taxpayer.
 16 32    (2)  The amount of the tax credit for each eligible service
 16 33 station is two and one=half cents multiplied by the total
 16 34 number of gallons of ethanol blended gasoline sold and
 16 35 dispensed through all metered motor fuel pumps located at that
 17  1 service station during the tax year in excess of sixty percent
 17  2 of all gasoline sold and dispensed through metered motor fuel
 17  3 pumps at that service station during the tax year.
 17  4    (3)  The tax credit is not allowed for a gallon of E=85
 17  5 gasoline sold and distributed through a motor fuel pump
 17  6 located at a service station if the taxpayer claims an E=85
 17  7 gasoline tax credit for that same gallon of E=85 gasoline as
 17  8 provided in this section in the same tax year.
 17  9    Sec. 26.  Section 422.33, Code Supplement 2005, is amended
 17 10 by adding the following new subsection.
 17 11    NEW SUBSECTION.  11A.  The taxes imposed under this
 17 12 division shall be reduced by an E=85 gasoline tax credit for
 17 13 each tax year that the taxpayer is eligible to claim the tax
 17 14 credit under this subsection.
 17 15    a.  The taxpayer may claim the E=85 gasoline tax credit
 17 16 according to the same requirements, for the same amount, and
 17 17 calculated in the same manner, as provided for the E=85
 17 18 gasoline tax credit pursuant to section 422.11M.
 17 19    b.  Any E=85 gasoline tax credit which is in excess of the
 17 20 taxpayer's tax liability shall be refunded or may be shown on
 17 21 the taxpayer's final, completed return credited to the tax
 17 22 liability for the following tax year in the same manner as
 17 23 provided in section 422.11M.
 17 24    Sec. 27.  Section 422.33, Code Supplement 2005, is amended
 17 25 by adding the following new subsection.
 17 26    NEW SUBSECTION.  11B.  The taxes imposed under this
 17 27 division shall be reduced by a biodiesel blended fuel tax
 17 28 credit for each tax year that the taxpayer is eligible to
 17 29 claim the tax credit under this subsection.
 17 30    a.  The taxpayer may claim the biodiesel blended fuel tax
 17 31 credit according to the same requirements, for the same
 17 32 amount, and calculated in the same manner, as provided for the
 17 33 biodiesel blended fuel tax credit pursuant to section 422.11N.
 17 34    b.  Any biodiesel blended fuel tax credit which is in
 17 35 excess of the taxpayer's tax liability shall be refunded or
 18  1 may be shown on the taxpayer's final, completed return
 18  2 credited to the tax liability for the following tax year in
 18  3 the same manner as provided in section 422.11N.
 18  4    Sec. 28.  APPLICABILITY DATE.  Sections 422.11M and
 18  5 422.11N, as enacted in this Act, and section 422.33,
 18  6 subsections 11A and 11B, as enacted in this Act, apply to tax
 18  7 years beginning on or after January 1, 2007.
 18  8                          DIVISION III
 18  9         COORDINATING PROVISIONS == GOVERNMENT VEHICLES
 18 10    Sec. 29.  Section 8A.362, subsection 3, Code 2005, is
 18 11 amended to read as follows:
 18 12    3.  a.  The director shall provide for a record system for
 18 13 the keeping of records of the total number of miles state=
 18 14 owned motor vehicles are driven and the per=mile cost of
 18 15 operation of each motor vehicle.  Every state officer or
 18 16 employee shall keep a record book to be furnished by the
 18 17 director in which the officer or employee shall enter all
 18 18 purchases of gasoline, lubricating oil, grease, and other
 18 19 incidental expense in the operation of the motor vehicle
 18 20 assigned to the officer or employee, giving the quantity and
 18 21 price of each purchase, including the cost and nature of all
 18 22 repairs on the motor vehicle.  Each operator of a state=owned
 18 23 motor vehicle shall promptly prepare a report at the end of
 18 24 each month on forms furnished by the director and forwarded to
 18 25 the director, giving the information the director may request
 18 26 in the report.  Each month the director shall compile the
 18 27 costs and mileage of state=owned motor vehicles from the
 18 28 reports and keep a cost history for each motor vehicle and the
 18 29 costs shall be reduced to a cost=per=mile basis for each motor
 18 30 vehicle.  The director shall call to the attention of an
 18 31 elected official or the head of any state agency to which a
 18 32 motor vehicle has been assigned any evidence of the
 18 33 mishandling or misuse of a state=owned motor vehicle which is
 18 34 called to the director's attention.
 18 35    b.  A motor vehicle operated under this subsection shall
 19  1 not operate on gasoline other than ethanol blended gasoline
 19  2 blended with at least ten percent ethanol, unless under
 19  3 emergency circumstances.  A state=issued credit card used to
 19  4 purchase gasoline shall not be valid to purchase gasoline
 19  5 other than ethanol blended gasoline blended with at least ten
 19  6 percent ethanol as defined in section 214A.1, if commercially
 19  7 available.  The motor vehicle shall also be affixed with a
 19  8 brightly visible sticker which notifies the traveling public
 19  9 that the motor vehicle is being operated on ethanol blended
 19 10 gasoline blended with ethanol.  However, the sticker is not
 19 11 required to be affixed to an unmarked vehicle used for
 19 12 purposes of providing law enforcement or security.
 19 13    Sec. 30.  Section 216B.3, subsection 16, paragraph a, Code
 19 14 2005, is amended to read as follows:
 19 15    a.  A motor vehicle purchased by the commission shall not
 19 16 operate on gasoline other than ethanol blended gasoline
 19 17 blended with at least ten percent ethanol as defined in
 19 18 section 214A.1.  A state issued credit card used to purchase
 19 19 gasoline shall not be valid to purchase gasoline other than
 19 20 ethanol blended gasoline blended with at least ten percent
 19 21 ethanol.  The motor vehicle shall also be affixed with a
 19 22 brightly visible sticker which notifies the traveling public
 19 23 that the motor vehicle is being operated on ethanol blended
 19 24 gasoline blended with ethanol.  However, the sticker is not
 19 25 required to be affixed to an unmarked vehicle used for
 19 26 purposes of providing law enforcement or security.
 19 27    Sec. 31.  Section 260C.19A, subsection 1, Code 2005, is
 19 28 amended to read as follows:
 19 29    1.  A motor vehicle purchased by or used under the
 19 30 direction of the board of directors to provide services to a
 19 31 merged area shall not operate on gasoline other than ethanol
 19 32 blended gasoline blended with at least ten percent ethanol as
 19 33 defined in section 214A.1.  The motor vehicle shall also be
 19 34 affixed with a brightly visible sticker which notifies the
 19 35 traveling public that the motor vehicle is being operated on
 20  1 ethanol blended gasoline blended with ethanol.  However, the
 20  2 sticker is not required to be affixed to an unmarked vehicle
 20  3 used for purposes of providing law enforcement or security.
 20  4    Sec. 32.  Section 262.25A, subsection 2, Code 2005, is
 20  5 amended to read as follows:
 20  6    2.  A motor vehicle purchased by the institutions shall not
 20  7 operate on gasoline other than gasoline blended with at least
 20  8 ten percent ethanol.  A state=issued credit card used to
 20  9 purchase gasoline shall not be valid to purchase gasoline
 20 10 other than ethanol blended gasoline blended with at least ten
 20 11 percent ethanol as defined in section 214A.1.  The motor
 20 12 vehicle shall also be affixed with a brightly visible sticker
 20 13 which notifies the traveling public that the motor vehicle is
 20 14 being operated on ethanol blended gasoline blended with
 20 15 ethanol.  However, the sticker is not required to be affixed
 20 16 to an unmarked vehicle used for purposes of providing law
 20 17 enforcement or security.
 20 18    Sec. 33.  Section 279.34, Code 2005, is amended to read as
 20 19 follows:
 20 20    279.34  MOTOR VEHICLES REQUIRED TO OPERATE ON ETHANOL=
 20 21 BLENDED ETHANOL BLENDED GASOLINE.
 20 22    A motor vehicle purchased by or used under the direction of
 20 23 the board of directors to provide services to a school
 20 24 corporation shall not, on or after January 1, 1993, operate on
 20 25 gasoline other than ethanol blended gasoline blended with at
 20 26 least ten percent ethanol.  The motor vehicle shall also be
 20 27 affixed with a brightly visible sticker which notifies the
 20 28 traveling public that the motor vehicle is being operated on
 20 29 ethanol blended gasoline blended with ethanol.  However, the
 20 30 sticker is not required to be affixed to an unmarked vehicle
 20 31 used for purposes of providing law enforcement or security.
 20 32    Sec. 34.  Section 307.21, subsection 4, paragraph d, Code
 20 33 2005, is amended to read as follows:
 20 34    d.  A motor vehicle purchased by the administrator shall
 20 35 not operate on gasoline other than ethanol blended gasoline
 21  1 blended with at least ten percent ethanol as defined in
 21  2 section 214A.1.  A state=issued credit card used to purchase
 21  3 gasoline shall not be valid to purchase gasoline other than
 21  4 ethanol blended gasoline blended with at least ten percent
 21  5 ethanol.  The motor vehicle shall also be affixed with a
 21  6 brightly visible sticker which notifies the traveling public
 21  7 that the motor vehicle is being operated on ethanol blended
 21  8 gasoline blended with ethanol.  However, the sticker is not
 21  9 required to be affixed to an unmarked vehicle used for
 21 10 purposes of providing law enforcement or security.
 21 11    Sec. 35.  Section 331.908, Code 2005, is amended to read as
 21 12 follows:
 21 13    331.908  MOTOR VEHICLES REQUIRED TO OPERATE ON ETHANOL=
 21 14 BLENDED ETHANOL BLENDED GASOLINE.
 21 15    A motor vehicle purchased or used by a county to provide
 21 16 county services shall not, on or after January 1, 1993,
 21 17 operate on gasoline other than ethanol blended gasoline
 21 18 blended with at least ten percent ethanol.  The motor vehicle
 21 19 shall also be affixed with a brightly visible sticker which
 21 20 notifies the traveling public that the motor vehicle is being
 21 21 operated on ethanol blended gasoline blended with ethanol.
 21 22 However, the sticker is not required to be affixed to an
 21 23 unmarked vehicle used for purposes of providing law
 21 24 enforcement or security.
 21 25    Sec. 36.  Section 364.20, Code 2005, is amended to read as
 21 26 follows:
 21 27    364.20  MOTOR VEHICLES REQUIRED TO OPERATE ON ETHANOL=
 21 28 BLENDED ETHANOL BLENDED GASOLINE.
 21 29    A motor vehicle purchased or used by a city to provide city
 21 30 services shall not, on or after January 1, 1993, operate on
 21 31 gasoline other than ethanol blended gasoline blended with at
 21 32 least ten percent ethanol as defined in section 214A.1.  The
 21 33 motor vehicle shall also be affixed with a brightly visible
 21 34 sticker which notifies the traveling public that the motor
 21 35 vehicle is being operated on ethanol blended gasoline blended
 22  1 with ethanol.  However, the sticker is not required to be
 22  2 affixed to an unmarked vehicle used for purposes of providing
 22  3 law enforcement or security.
 22  4    Sec. 37.  Section 452A.2, subsection 11, Code Supplement
 22  5 2005, is amended to read as follows:
 22  6    11.  "Ethanol blended gasoline" means motor fuel containing
 22  7 at least ten percent alcohol distilled from cereal grains the
 22  8 same as defined in section 214A.1.
 22  9    Sec. 38.  Section 452A.6, Code 2005, is amended to read as
 22 10 follows:
 22 11    452A.6  ETHANOL BLENDED GASOLINE AND OTHER PRODUCTS ==
 22 12 BLENDER'S LICENSE.
 22 13    1.  a.  A person other than a supplier, restrictive
 22 14 supplier, or importer licensed under this division, who blends
 22 15 gasoline with alcohol distilled from cereal grains so that the
 22 16 blend contains at least ten percent alcohol distilled from
 22 17 cereal grains ethanol as defined in section 214A.1 in order to
 22 18 formulate ethanol blended gasoline, shall obtain a blender's
 22 19 license.
 22 20    b.  A person who blends two or more special fuel products
 22 21 or sells one hundred percent biofuel shall obtain a blender's
 22 22 license.
 22 23    2.  The A blender's license shall be obtained by following
 22 24 the procedure under section 452A.4 and the blender's license
 22 25 is subject to the same restrictions as contained in that
 22 26 section.
 22 27    3.  A blender required to obtain a license pursuant to this
 22 28 section shall maintain records as required by section 452A.10
 22 29 as to motor fuel, alcohol ethanol, ethanol blended gasoline,
 22 30 and special fuels.
 22 31    Sec. 39.  Section 904.312A, subsection 1, Code 2005, is
 22 32 amended to read as follows:
 22 33    1.  A motor vehicle purchased by the department shall not
 22 34 operate on gasoline other than ethanol blended gasoline
 22 35 blended with at least ten percent ethanol as defined in
 23  1 section 214A.1.  A state=issued credit card used to purchase
 23  2 gasoline shall not be valid to purchase gasoline other than
 23  3 ethanol blended gasoline blended with at least ten percent
 23  4 ethanol.  The motor vehicle shall also be affixed with a
 23  5 brightly visible sticker which notifies the traveling public
 23  6 that the motor vehicle is being operated on ethanol blended
 23  7 gasoline blended with ethanol.  However, the sticker is not
 23  8 required to be affixed to an unmarked vehicle used for
 23  9 purposes of providing law enforcement or security.
 23 10                           DIVISION IV
 23 11            COORDINATING PROVISIONS == MISCELLANEOUS
 23 12    Sec. 40.  Section 15.401, Code Supplement 2005, is amended
 23 13 to read as follows:
 23 14    15.401  E=85 BLENDED GASOLINE RENEWABLE FUELS.
 23 15    1.  As used in this section, unless the context otherwise
 23 16 requires, "biodiesel", "biodiesel blended fuel", "E=85
 23 17 gasoline" and "service station" mean the same as defined in
 23 18 section 214A.1.
 23 19    2.  The department shall provide a cost=share program for
 23 20 financial incentives for the installation or conversion of
 23 21 infrastructure used by service stations to do all of the
 23 22 following:
 23 23    a.  sell Sell and dispense E=85 blended gasoline and for
 23 24 the installation or conversion of.
 23 25    b.  Install or convert infrastructure required to establish
 23 26 on=site and off=site terminal facilities that store biodiesel
 23 27 or biodiesel blended fuel for distribution to service
 23 28 stations.
 23 29    3.  The department shall provide for an addition of at
 23 30 least thirty new or converted E=85 gasoline retail outlets and
 23 31 four new or converted on=site or off=site terminal facilities
 23 32 with a maximum expenditure of three hundred twenty=five
 23 33 thousand dollars per year for the fiscal period beginning July
 23 34 1, 2005, and ending June 30, 2008.  The department may provide
 23 35 for the marketing of these products in conjunction with this
 24  1 infrastructure program.
 24  2    Sec. 41.  Section 159A.2, Code 2005, is amended by adding
 24  3 the following new subsections:
 24  4    NEW SUBSECTION.  0A.  "Biodiesel" and "biodiesel blended
 24  5 fuel" mean the same as defined in section 214A.1.
 24  6    NEW SUBSECTION.  3A.  "Department" means the department of
 24  7 agriculture and land stewardship.
 24  8    NEW SUBSECTION.  3B.  "Ethanol blended gasoline" means the
 24  9 same as defined in section 214A.1.
 24 10    Sec. 42.  Section 159A.2, subsection 6, Code 2005, is
 24 11 amended by striking the subsection and inserting in lieu
 24 12 thereof the following:
 24 13    6.  "Renewable fuel" means the same as defined in section
 24 14 214A.1.
 24 15    Sec. 43.  Section 159A.2, subsection 8, Code 2005, is
 24 16 amended by striking the subsection.
 24 17    Sec. 44.  Section 159A.3, subsection 3, Code 2005, is
 24 18 amended to read as follows:
 24 19    3.  a.  A chief purpose of the office is to further the
 24 20 production and consumption of ethanol fuel blended gasoline in
 24 21 this state.  The office shall be the primary state agency
 24 22 charged with the responsibility to promote public consumption
 24 23 of ethanol fuel blended gasoline.
 24 24    b.  The office shall promote the production and consumption
 24 25 of soydiesel fuel biodiesel and biodiesel blended fuel in this
 24 26 state.
 24 27    Sec. 45.  Section 214A.19, subsection 1, unnumbered
 24 28 paragraph 1, Code 2005, is amended to read as follows:
 24 29    The department of natural resources, conditioned upon the
 24 30 availability of funds, is authorized to award demonstration
 24 31 grants to persons who purchase vehicles which operate on
 24 32 alternative fuels, including but not limited to, high blend
 24 33 ethanol E=85 gasoline, biodiesel, compressed natural gas,
 24 34 electricity, solar energy, or hydrogen.  A grant shall be for
 24 35 the purpose of conducting research connected with the fuel or
 25  1 the vehicle, and not for the purchase of the vehicle itself,
 25  2 except that the money may be used for the purchase of the
 25  3 vehicle if all of the following conditions are satisfied:
 25  4    Sec. 46.  Section 307.20, Code 2005, is amended to read as
 25  5 follows:
 25  6    307.20  BIODIESEL AND BIODIESEL BLENDED FUEL REVOLVING
 25  7 FUND.
 25  8    1.  A biodiesel and biodiesel blended fuel revolving fund
 25  9 is created in the state treasury.  The biodiesel and biodiesel
 25 10 blended fuel revolving fund shall be administered by the
 25 11 department and shall consist of moneys received from the sale
 25 12 of EPAct credits banked by the department on April 19, 2001,
 25 13 moneys appropriated by the general assembly, and any other
 25 14 moneys obtained or accepted by the department for deposit in
 25 15 the fund.  Moneys in the fund are appropriated to and shall be
 25 16 used by the department for the purchase of biodiesel and
 25 17 biodiesel blended fuel for use in department vehicles.  The
 25 18 department shall submit an annual report not later than
 25 19 January 31 to the members of the general assembly and the
 25 20 legislative services agency, of the expenditures made from the
 25 21 fund during the preceding fiscal year.  Section 8.33 does not
 25 22 apply to any moneys in the fund and, notwithstanding section
 25 23 12C.7, subsection 2, earnings or interest on moneys deposited
 25 24 in the fund shall be credited to the fund.
 25 25    2.  A department departmental motor vehicle operating on
 25 26 using biodiesel or biodiesel blended fuel shall be affixed
 25 27 with a brightly visible sticker that notifies the traveling
 25 28 public that the motor vehicle uses biodiesel blended fuel.
 25 29    3.  For purposes of this section the following definitions
 25 30 apply:
 25 31    a.  "Biodiesel "Biodiesel" and "biodiesel blended fuel"
 25 32 means soydiesel fuel mean the same as defined in section
 25 33 159A.2 214A.1.
 25 34    b.  "EPAct credit" means a credit issued pursuant to the
 25 35 federal Energy Policy Act (EPAct), 42 U.S.C. } 13201 et seq.
 26  1    Sec. 47.  Section 452A.2, subsection 2, Code Supplement
 26  2 2005, is amended by striking the subsection and inserting in
 26  3 lieu thereof the following:
 26  4    2.  "Biodiesel" and "biodiesel blended fuel" mean the same
 26  5 as defined in section 214A.1.
 26  6    Sec. 48.  Section 452A.2, subsection 3, Code Supplement
 26  7 2005, is amended to read as follows:
 26  8    3.  "Blender" means a person who owns and blends alcohol
 26  9 ethanol with gasoline to produce ethanol blended gasoline and
 26 10 blends the product at a nonterminal location.  The blender
 26 11 person is not restricted to blending alcohol ethanol with
 26 12 gasoline.  Products blended with gasoline other than grain
 26 13 alcohol ethanol are taxed as gasoline.  "Blender" also means a
 26 14 person blending two or more special fuel products at a
 26 15 nonterminal location where the tax has not been paid on all of
 26 16 the products blended.  This blend is taxed as a special fuel.
 26 17    Sec. 49.  Section 452A.2, Code Supplement 2005, is amended
 26 18 by adding the following new subsection:
 26 19    NEW SUBSECTION.  9A.  "E=85 gasoline" means the same as
 26 20 defined in section 214A.1.
 26 21    Sec. 50.  Section 452A.2, subsection 11, Code Supplement
 26 22 2005, is amended to read as follows:
 26 23    11.  "Ethanol blended gasoline" means motor fuel containing
 26 24 at least ten percent alcohol distilled from cereal grains the
 26 25 same as defined in section 214A.1.
 26 26    Sec. 51.  Section 452A.2, subsection 19, unnumbered
 26 27 paragraph 1, Code Supplement 2005, is amended to read as
 26 28 follows:
 26 29    "Motor fuel" means both motor fuel as defined in section
 26 30 214A.1 and includes all of the following:
 26 31    Sec. 52.  Section 452A.2, subsection 21, Code Supplement
 26 32 2005, is amended to read as follows:
 26 33    21.  "Nonterminal storage facility" means a facility where
 26 34 motor fuel or special fuel, other than liquefied petroleum
 26 35 gas, is stored that is not supplied by a pipeline or a marine
 27  1 vessel.  "Nonterminal storage facility" includes a facility
 27  2 that manufactures products such as alcohol ethanol as defined
 27  3 in section 214A.1, biofuel, blend stocks, or additives which
 27  4 may be used as motor fuel or special fuel, other than
 27  5 liquefied petroleum gas, for operating motor vehicles or
 27  6 aircraft.
 27  7    Sec. 53.  Section 452A.3, subsection 1B, Code Supplement
 27  8 2005, is amended to read as follows:
 27  9    1B.  An excise tax of seventeen cents is imposed on each
 27 10 gallon of E=85 gasoline, which contains at least eighty=five
 27 11 percent denatured alcohol by volume from the first day of
 27 12 April until the last day of October or seventy percent
 27 13 denatured alcohol from the first day of November until the
 27 14 last day of March, used for the privilege of operating motor
 27 15 vehicles in this state as defined in section 214A.1, subject
 27 16 to the determination provided in subsection 1C.
 27 17    Sec. 54.  Section 452A.6, Code 2005, is amended to read as
 27 18 follows:
 27 19    452A.6  ETHANOL BLENDED GASOLINE AND OTHER PRODUCTS ==
 27 20 BLENDER'S LICENSE.
 27 21    1.  a.  A person other than a supplier, restrictive
 27 22 supplier, or importer licensed under this division, who blends
 27 23 gasoline with alcohol distilled from cereal grains so that the
 27 24 blend contains at least ten percent alcohol distilled from
 27 25 cereal grains ethanol as defined in section 214A.1 in order to
 27 26 formulate ethanol blended gasoline, shall obtain a blender's
 27 27 license.
 27 28    b.  A person who blends two or more special fuel products
 27 29 or sells one hundred percent biofuel shall obtain a blender's
 27 30 license.
 27 31    2.  The A blender's license shall be obtained by following
 27 32 the procedure under section 452A.4 and the blender's license
 27 33 is subject to the same restrictions as contained in that
 27 34 section.
 27 35    3.  A blender required to obtain a license pursuant to this
 28  1 section shall maintain records as required by section 452A.10
 28  2 as to motor fuel, alcohol ethanol, ethanol blended gasoline,
 28  3 and special fuels.
 28  4                           DIVISION V
 28  5                         CHANGE OF TERMS
 28  6    Sec. 55.  CHANGE OF TERMS.
 28  7    1.  Sections 8A.362, 101.21, 159A.4, 214.1, 214.11, 214A.1,
 28  8 214A.2, 214A.4, 214A.5, 214A.7, 214A.8, 214A.9, 214A.10,
 28  9 214A.16, 214A.17, 214A.18, 306C.11, 312.1, 321.40, 321.56,
 28 10 423.14, 452A.63, 452A.66, and 452A.78, Code 2005, are amended
 28 11 by striking from the provisions the words "motor vehicle fuel"
 28 12 and inserting the following: "motor fuel".
 28 13    2.  Sections 214.1, 214.3, 214.9, 214.11, and 214A.16, Code
 28 14 2005, are amended by striking the words "motor vehicle fuel
 28 15 pump" or "motor vehicle fuel pumps" and inserting the
 28 16 following:  "motor fuel pump" or "motor fuel pumps".
 28 17    3.  Sections 159A.3 and 214A.17, Code 2005, are amended by
 28 18 striking from the provisions the words "oxygenate octane
 28 19 enhancers" and inserting the following:  "oxygenates".
 28 20    4.  Sections 214A.1, 214A.4, 214A.5, 214A.7, 214A.8, and
 28 21 214A.10, Code 2005, are amended by striking from the
 28 22 provisions the words "oxygenate octane enhancer" and inserting
 28 23 the following:  "oxygenate".
 28 24                           EXPLANATION
 28 25    DIVISION I == ESTABLISHMENT OF RENEWABLE FUEL STANDARDS.
 28 26 This division amends Code chapter 214A, which provides
 28 27 authority to the department of agriculture and land
 28 28 stewardship to regulate the sale of motor fuel.
 28 29    The division amends Code section 214A.1 by providing a
 28 30 number of definitions for "biodiesel", "biodiesel blended
 28 31 fuel", "ethanol", "ethanol blended gasoline", and "E=85
 28 32 gasoline".  It also amends Code section 214A.2, which provides
 28 33 for different types of gasoline and establishes standards or
 28 34 specifications for gasoline.  The division amends the section
 28 35 to require that ethanol blended gasoline contain a blend of at
 29  1 least 10 percent ethanol.  It designates gasoline with a
 29  2 minimum seasonal blend of between 75 and 85 percent or more
 29  3 ethanol as E=85 blended gasoline.
 29  4    The division imposes a number of requirements of businesses
 29  5 which own or control service stations operated by retail
 29  6 dealers.  The requirements are administered and enforced by
 29  7 the department of revenue and the department of agriculture
 29  8 and land stewardship working in consultation with the
 29  9 renewable fuels and coproducts advisory committee.
 29 10    The division requires that businesses must sell a certain
 29 11 percentage of ethanol within a determination period (beginning
 29 12 January 1 and ending December 31).  The percentage is referred
 29 13 to as a threshold.  The division provides a number of
 29 14 thresholds which increase periodically according to a
 29 15 schedule.  The thresholds are delayed for two years for small
 29 16 businesses (selling 500,000 gallons or less of gasoline).  A
 29 17 threshold is based on an assumption that there is a target
 29 18 number of state registered flexible fuel vehicles using E=85
 29 19 gasoline.  The department of revenue may adjust a threshold if
 29 20 a target is not met and publish the adjusted threshold in the
 29 21 Iowa administrative bulletin.
 29 22    If at the end of a determination period, a business has not
 29 23 met a threshold, the secretary of agriculture must issue an
 29 24 accelerated petroleum replacement order, unless the secretary
 29 25 finds a delay or suspension is warranted based on decreased
 29 26 ethanol inventories.  A business which fails to meet a
 29 27 threshold is subject to a civil penalty of 10 cents for each
 29 28 one gallon of ethanol required to meet the threshold.
 29 29    A dealer who is owned or controlled by such business not
 29 30 meeting the threshold is not eligible to claim an ethanol
 29 31 blended tax credit.  In addition, the retail dealer is
 29 32 prohibited from selling gasoline other than ethanol blended
 29 33 gasoline, with a number of exceptions.  The prohibition does
 29 34 not apply to gasoline used to operate aircraft, motor vehicles
 29 35 involved exclusively in motor sports events, or motor vehicles
 30  1 operating using diesel fuel.  The requirement also does not
 30  2 apply to selling gasoline for use in certain vehicles such as
 30  3 antique vehicles, snowmobiles, all=terrain vehicles,
 30  4 watercraft, and small motors.
 30  5    DIVISION II == RENEWABLE FUEL TAX CREDIT FOR RETAIL
 30  6 DEALERS.  This division amends tax credit provisions in Code
 30  7 chapter 422 to provide that a retail dealer who sells E=85
 30  8 gasoline is eligible to receive a tax credit.  The tax credit
 30  9 applies to taxpayers filing as individuals or businesses.  The
 30 10 amount of the tax credit is a designated rate multiplied by
 30 11 the total number of gallons of E=85 gasoline sold and
 30 12 dispensed through all motor fuel pumps operated at each of the
 30 13 taxpayer's service stations during the tax year.  The rate
 30 14 begins at 10 cents for the first 10 years and is adjusted to 5
 30 15 cents after that.
 30 16    The division also provides that a retail dealer who sells
 30 17 biodiesel blended fuel is also eligible to receive a tax
 30 18 credit with similar requirements that apply to a retail dealer
 30 19 who sells ethanol blended gasoline.  In this case, the amount
 30 20 is based on each gallon of biodiesel sold and dispensed by the
 30 21 retail dealer and ranges from 3 to 5 cents depending upon the
 30 22 percentage of biodiesel blended fuel sold when compared to the
 30 23 total amount of diesel fuel sold.
 30 24    The provisions which provide a tax credit to retail dealers
 30 25 selling E=85 gasoline and biodiesel blended fuel apply to tax
 30 26 years beginning on or after January 1, 2007.
 30 27    DIVISION III == COORDINATING PROVISIONS == GOVERNMENT
 30 28 VEHICLES.  This division amends the provisions that require
 30 29 state and local government vehicles to operate using ethanol
 30 30 blended gasoline.  It also amends similar provisions which
 30 31 require state agencies to purchase flexible fuel vehicles.
 30 32 The division standardizes the language and refers to common
 30 33 definitions as created in the division amending Code section
 30 34 214A.1 and related standards created in the division amending
 30 35 Code section 214A.2.
 31  1    DIVISION IV == COORDINATING PROVISIONS == MISCELLANEOUS.  A
 31  2 number of provisions in the Code refer to alcohol or ethanol
 31  3 blended gasoline, including E=85 gasoline, and soydiesel or
 31  4 biofuel.  This division standardizes the language and refers
 31  5 to common definitions as created in the division amending Code
 31  6 section 214A.1 and related standards created in the division
 31  7 amending Code section 214A.2.
 31  8    DIVISION V == CHANGE IN TERMS.  This division amends a
 31  9 number of provisions by changing the term "oxygenate octane
 31 10 enhancer" to "oxygenate", "motor vehicle fuel" to "motor
 31 11 fuel", and "motor vehicle fuel pump" to "motor fuel pump" for
 31 12 purposes of consistency in chapters throughout the Code, but
 31 13 in particular in Code chapters 214A and 452A.
 31 14 LSB 6142XC 81
 31 15 da:rj/je/5