Senate Study Bill 1254
SENATE FILE
BY (PROPOSED COMMITTEE ON
ENVIRONMENT AND ENERGY
INDEPENDENCE BILL BY
CHAIRPERSON BLACK)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the dispensing of ethanol blended gasoline
2 by authorizing the use of secondary containment, and providing
3 an effective date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2220XC 83
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PAG LIN
1 1 Section 1. Section 455G.31, subsection 2, Code 2009, is
1 2 amended to read as follows:
1 3 2. A retail dealer may use gasoline storage and dispensing
1 4 infrastructure other than a dispenser to store and dispense
1 5 ethanol blended gasoline classified as E=9 or higher if all of
1 6 the following apply:
1 7 a. For gasoline storage and dispensing infrastructure
1 8 other than the dispenser, the department of natural resources
1 9 under this chapter or the state fire marshal under chapter 101
1 10 must determine determines that it is compatible with the
1 11 ethanol blended gasoline being used.
1 12 b. (1) For a 3. A retail dealer may use a dispenser, all
1 13 of the following shall apply to dispense ethanol blended
1 14 gasoline classified as E=9 or higher if any of the following
1 15 applies:
1 16 (a) a. (1) The dispenser must be is listed by an
1 17 independent testing laboratory as compatible with ethanol
1 18 blended gasoline classified as E=9 or higher. In addition,
1 19 (b) The owner or operator or a person authorized by the
1 20 owner or operator must the retail dealer must visually inspect
1 21 the dispenser and the dispenser sump daily for leaks and
1 22 equipment failure and maintain a record of such inspection for
1 23 at least one year after the inspection. The record shall be
1 24 located on the premises of the retail dealer and shall be made
1 25 available to the department of natural resources or the state
1 26 fire marshal upon request. If a leak is detected, the
1 27 department of natural resources shall be notified pursuant to
1 28 section 455B.386.
1 29 (2) The state fire marshal shall issue an order as soon as
1 30 practicable after determining that a commercially available
1 31 dispenser is listed as compatible for use with E=85 gasoline
1 32 by an independent testing laboratory. The state fire marshal
1 33 shall publish the order in the Iowa administrative bulletin.
1 34 A person shall not install a dispenser which would otherwise
1 35 be permitted under subparagraph (1) after sixty days following
2 1 the date that the order is published. A person who installed
2 2 such dispenser before the sixty=day period expired may use the
2 3 dispenser as provided in subparagraph (1) until four years
2 4 after the date that the order is published.
2 5 b. The retail dealer installs a secondary containment
2 6 system designed to prevent the release of the type of ethanol
2 7 blended gasoline being dispensed. The secondary containment
2 8 system shall comply with applicable rules adopted by the
2 9 department of natural resources and the state fire marshal.
2 10 Sec. 2. EFFECTIVE DATE. This Act, being deemed of
2 11 immediate importance, takes effect upon enactment.
2 12 EXPLANATION
2 13 Under current law, a retail dealer engaged in the business
2 14 of storing and dispensing motor fuel may dispense ethanol
2 15 blended gasoline containing a high content of ethanol, and
2 16 including E=85, using special infrastructure, including a
2 17 motor fuel pump (dispenser) that is listed by an independent
2 18 testing laboratory.
2 19 This bill provides an alternative that would allow the
2 20 retail dealer to use a dispenser installed with a secondary
2 21 containment system designed to prevent the release of that
2 22 type of ethanol blended gasoline.
2 23 The bill takes effect upon enactment.
2 24 LSB 2220XC 83
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