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:
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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 This section is repealed January 1, 2012 2015.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1 26 d. This subsection is repealed on January 1, 2012 2015.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.
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