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.  If motor fuel containing a renewable fuel ethanol
  1 10 blended gasoline is sold from a motor fuel pump, the pump
  1 11 shall have affixed a decal identifying the name of the
  1 12 renewable fuel ethanol 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  This section is repealed January 1, 2012 2015.
  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  1 26    d.  This subsection is repealed on January 1, 2012 2015.
  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, 2011 2014.  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, 2011 2014.
  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