House File 445 - Introduced HOUSE FILE BY REASONER Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to biodiesel fuel, by providing for labeling 2 requirements, and providing for the extension of a tax credit. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2307YH 83 5 da/nh/8 PAG LIN 1 1 Section 1. Section 214A.2, subsection 5, Code 2009, is 1 2 amended to read as follows: 1 3 5. Ethanol blended gasoline shall be designated E=xx where 1 4 "xx" is the volume percent of ethanol in the ethanol blended 1 5 gasoline and biodiesel fuel shall be designated B=xx where 1 6 "xx" is the volume percent of biodiesel. 1 7 Sec. 2. Section 214A.16, subsection 1, Code 2009, is 1 8 amended to read as follows: 1 9 1. a. Ifmotor fuel containing a renewable fuelethanol 1 10 blended gasoline is sold from a motor fuel pump, the pump 1 11 shall have affixed a decal identifying thename of the 1 12 renewable fuelethanol blended gasoline.The decal shall be 1 13 different based on the type of renewable fuel dispensed.If 1 14 the motor fuel pump dispenses ethanol blended gasoline 1 15 classified as higher than standard ethanol blended gasoline 1 16 pursuant to section 214A.2, the decal shall contain the 1 17 following notice: "FOR FLEXIBLE FUEL VEHICLES ONLY". 1 18 b. If biodiesel fuel is sold from a motor fuel pump, the 1 19 pump shall have affixed a decal identifying the biodiesel fuel 1 20 as provided in 16 C.F.R. pt. 306. 1 21 Sec. 3. Section 422.11P, subsection 6, Code 2009, is 1 22 amended to read as follows: 1 23 6. This section is repealed January 1,20122015. 1 24 Sec. 4. Section 422.33, subsection 11C, paragraph d, Code 1 25 2009, is amended to read as follows: 1 26 d. This subsection is repealed on January 1,20122015. 1 27 Sec. 5. 2006 Iowa Acts, chapter 1142, section 49, 1 28 subsection 5, is amended to read as follows: 1 29 5. For a retail dealer who may claim a biodiesel blended 1 30 fuel tax credit under section 422.11P or 422.33, subsection 1 31 11C, as enacted in this Act, in calendar year 2011 and whose 1 32 tax year ends prior to December 31, 2011, the retail dealer 1 33 may continue to claim the tax credit in the retail dealer's 1 34 following tax year. In that case, the tax credit shall be 1 35 calculated in the same manner as provided in section 422.11P 2 1 or 422.33, subsection 11C, as enacted in this Act, for the 2 2 remaining period beginning on the first day of the retail 2 3 dealer's new tax year until December 31,20112014. For that 2 4 remaining period, the tax credit shall be calculated in the 2 5 same manner as a retail dealer whose tax year began on the 2 6 previous January 1 and who is calculating the tax credit on 2 7 December 31,20112014. 2 8 2 9 EXPLANATION 2 10 This bill provides that a retail dealer who sells biodiesel 2 11 fuel must affix a decal to the motor fuel pump identifying the 2 12 biodiesel fuel when it contains a certain percentage of 2 13 biodiesel as provided by federal law, and specifically 2 14 regulations of the federal trade commission. The bill 2 15 eliminates a state requirement that provides for the general 2 16 labeling of biodiesel fuel sold at motor fuel pumps that 2 17 contain any biodiesel. 2 18 The bill amends provisions creating a biodiesel blended 2 19 fuel tax credit available to a retail dealer of biodiesel 2 20 blended fuel during each tax year until the tax credit expires 2 21 on January 1, 2012. The bill extends the expiration date 2 22 until January 1, 2015. 2 23 LSB 2307YH 83 2 24 da/nh/8