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
  6 da/rj/5

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
  2 25 da/rj/4