House File 2247 - Introduced



                                       HOUSE FILE       
                                       BY  KUHN and WHITEAD

                                       (COMPANION TO LSB 5728SS
                                        BY JOHNSON)


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

                                      A BILL FOR

  1 An Act providing for motor fuel pumps which dispense renewable
  2    fuel.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5728YH 82
  5 da/nh/5

PAG LIN



  1  1    Section 1.  Section 15G.201, subsection 1, Code 2007, is
  1  2 amended to read as follows:
  1  3    1.  "Biodiesel", "biodiesel blended fuel", "E=85 gasoline",
  1  4 "gasoline", "motor fuel", "motor fuel pump", "retail dealer",
  1  5 and "retail motor fuel site" mean the same as defined in
  1  6 section 214A.1.
  1  7    Sec. 2.  Section 15G.201, Code 2007, is amended by adding
  1  8 the following new subsection:
  1  9    NEW SUBSECTION.  4A.  "Motor fuel pump" and "motor fuel
  1 10 blender pump" or "blender pump" mean the same as defined in
  1 11 section 214.1.
  1 12    Sec. 3.  Section 15G.203, subsection 1, Code Supplement
  1 13 2007, is amended to read as follows:
  1 14    1.  a.  The purpose of the program is to improve retail
  1 15 motor fuel sites by installing, replacing, or converting motor
  1 16 fuel storage and, blending, or dispensing infrastructure.  The
  1 17 infrastructure must be designed and shall be used exclusively
  1 18 to store do any of the following:
  1 19    (1)  Store and dispense renewable fuel which is E=85
  1 20 gasoline, biodiesel, or biodiesel blended fuel.
  1 21    (2)  Blend and dispense renewable fuel from a motor fuel
  1 22 blender pump.
  1 23    b.  The improvement must occur on the premises of retail
  1 24 motor fuel sites operated by retail dealers.
  1 25    Sec. 4.  Section 15G.203, subsection 4, paragraph b,
  1 26 subparagraphs (3) and (4), Code Supplement 2007, are amended
  1 27 to read as follows:
  1 28    (3)  A statement describing how the retail motor fuel site
  1 29 is to be improved, the total estimated cost of the planned
  1 30 improvement, and the date when the infrastructure will be
  1 31 first used to store and dispense the renewable fuel.
  1 32    (4)  A statement certifying that the infrastructure shall
  1 33 not be used to store or dispense motor fuel other than E=85
  1 34 gasoline, biodiesel, or biodiesel blended fuel in violation of
  1 35 this section, unless granted a waiver by the infrastructure
  2  1 board pursuant to this section.
  2  2    Sec. 5.  Section 15G.203, subsection 8, unnumbered
  2  3 paragraph 1, Code Supplement 2007, is amended to read as
  2  4 follows:
  2  5    A person shall not use financial incentives to install,
  2  6 replace, or convert infrastructure, unless the infrastructure
  2  7 is used to store, blend, or dispense renewable fuel.  A
  2  8 participating person shall not use the infrastructure to store
  2  9 and dispense motor fuel other than the type of renewable fuel
  2 10 approved by the board in the cost=share agreement, unless one
  2 11 of the following applies:
  2 12    Sec. 6.  Section 15G.203, subsection 8, paragraph a, Code
  2 13 Supplement 2007, is amended to read as follows:
  2 14    a.  The participating person is granted a waiver by the
  2 15 infrastructure board.  The participating person shall store,
  2 16 blend, or dispense the motor fuel according to the terms and
  2 17 conditions of the waiver.
  2 18    Sec. 7.  Section 214.1, Code 2007, is amended to read as
  2 19 follows:
  2 20    214.1  DEFINITIONS.
  2 21    For the purpose of As used in this chapter, unless the
  2 22 context otherwise requires:
  2 23    1.  "Biofuel", "biodiesel", "ethanol", "motor fuel",
  2 24 "retail dealer", "retail motor fuel site", and "wholesale
  2 25 dealer" mean the same as defined in section 214A.1.
  2 26    2.  "Commercial weighing and measuring device" or "device"
  2 27 means the same as defined in section 215.26.
  2 28    2.  "Motor fuel" means the same as defined in section
  2 29 214A.1.
  2 30    3.  "Motor fuel blender pump" or "blender pump" means a
  2 31 motor fuel pump that allows a retail customer of motor fuel to
  2 32 select a volume percentage of biofuel in motor fuel to be
  2 33 dispensed from the motor fuel pump at a retail motor fuel
  2 34 site.
  2 35    4.  "Motor fuel pump" means a pump, meter, or similar
  3  1 commercial weighing and measuring device used to measure and
  3  2 dispense motor fuel on a retail basis.
  3  3    4.  "Retail dealer" means the same as defined in section
  3  4 214A.1.
  3  5    5.  "Wholesale dealer" means the same as defined in section
  3  6 214A.1.
  3  7    Sec. 8.  Section 214.9, Code 2007, is amended to read as
  3  8 follows:
  3  9    214.9  SELF=SERVICE REGULATION OF MOTOR FUEL PUMPS.
  3 10    1.  Self=service A self=service motor fuel pumps pump at a
  3 11 retail motor vehicle fuel stations site may be equipped with
  3 12 an automatic latch=open devices device on the fuel dispensing
  3 13 hose nozzle only if the nozzle valve is the automatic closing
  3 14 type.
  3 15    2.  The department shall ensure that a motor fuel blender
  3 16 pump accurately distributes the volume percent of biofuel
  3 17 selected by the consumer at the price offered by the retail
  3 18 dealer.
  3 19    Sec. 9.  Section 214A.1, subsection 14, Code 2007, is
  3 20 amended to read as follows:
  3 21    14.  "Motor fuel pump" means and "motor fuel blender pump"
  3 22 or "blender pump" means the same as defined in section 214.1.
  3 23    Sec. 10.  Section 214A.3, subsection 2, paragraph b, Code
  3 24 2007, is amended to read as follows:
  3 25    b.  (1)  Ethanol blended gasoline sold by a dealer shall be
  3 26 designated E=xx where "xx" is the volume percent of ethanol in
  3 27 the ethanol blended gasoline.  However, a person advertising
  3 28 E=10 gasoline may only designate it as ethanol blended
  3 29 gasoline.  The motor fuel blender pump must accurately inform
  3 30 the customer of the volume percent of ethanol being dispensed
  3 31 at the blender pump.  A person shall not knowingly falsely
  3 32 advertise ethanol blended gasoline by using an inaccurate
  3 33 designation in violation of this subparagraph.
  3 34    (2)  Biodiesel blended fuel shall be designated B=xx where
  3 35 "xx" is the volume percent of biodiesel in the biodiesel
  4  1 blended fuel.  The motor fuel blender pump must accurately
  4  2 inform the customer of the volume percent of biodiesel being
  4  3 dispensed at the blender pump.  A person shall not knowingly
  4  4 falsely advertise biodiesel blended fuel by using an
  4  5 inaccurate designation in violation of this subparagraph.
  4  6                           EXPLANATION
  4  7    This bill provides for a new type of motor fuel pump
  4  8 referred to as a motor fuel blender pump (blender pump) which
  4  9 allows a retail customer to select the percent of biofuel,
  4 10 either ethanol (ethyl alcohol) which is blended into gasoline,
  4 11 or biodiesel (derived from vegetable oils or animal fats)
  4 12 which is blended into diesel fuel.
  4 13    The bill expands the renewable fuel infrastructure program
  4 14 to provide cost share financing to support the installation of
  4 15 or conversion of blender pumps and related infrastructure at
  4 16 service stations (referred to as retail motor fuel sites).
  4 17 Financing is awarded by a renewable fuel infrastructure board
  4 18 established within the department of economic development.
  4 19    The bill authorizes the department of agriculture and land
  4 20 stewardship to regulate blender pumps and requires a retail
  4 21 dealer to accurately inform the customer of the volume percent
  4 22 of biofuel being dispensed at the blender pump.
  4 23 LSB 5728YH 82
  4 24 da/nh/5