Senate
Study
Bill
3187
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
APPROPRIATIONS
BILL
BY
CHAIRPERSON
KRAAYENBRINK)
A
BILL
FOR
An
Act
relating
to
ethanol
blended
gasoline,
by
providing
1
for
gasoline
storage
and
dispensing
infrastructure
and
a
2
financing
program,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
159A.14,
subsection
1,
paragraph
1
a,
subparagraph
(1),
Code
2024,
is
amended
by
striking
the
2
subparagraph
and
inserting
in
lieu
thereof
the
following:
3
(1)
(a)
Except
as
provided
in
this
subparagraph,
the
4
ethanol
infrastructure
shall
have
the
capacity
to
store
and
5
dispense
E-85
gasoline.
6
(b)
(i)
If
the
ethanol
infrastructure
is
not
used
to
store
7
and
dispense
E-85
gasoline,
it
must
have
the
capacity
to
store
8
and
dispense
ethanol
blended
gasoline
classified
as
E-15
or
9
higher.
10
(ii)
This
subparagraph
division
is
repealed
July
1,
2025.
11
(c)
(i)
If
the
ethanol
infrastructure
is
not
used
to
store
12
and
dispense
E-85
gasoline,
it
must
have
the
capacity
to
store
13
and
dispense
ethanol
blended
gasoline
classified
as
E-40
or
14
higher.
15
(ii)
This
subparagraph
division
shall
be
implemented
16
beginning
July
1,
2025.
17
(iii)
This
subparagraph
division
is
repealed
July
1,
2030.
18
(d)
The
ethanol
infrastructure
may
store,
blend,
and
19
dispense
ethanol
or
ethanol
blended
gasoline
from
a
motor
20
fuel
blender
pump.
The
ethanol
infrastructure
must
at
least
21
include
a
motor
fuel
blender
pump
that
dispenses
different
22
classifications
of
ethanol
blended
gasoline,
if
it
allows
E-85
23
gasoline
to
be
dispensed
at
all
times
that
the
blender
pump
is
24
operating.
25
Sec.
2.
Section
455G.30,
Code
2024,
is
amended
by
adding
the
26
following
new
subsections:
27
NEW
SUBSECTION
.
4A.
“Dispenser
breakaway”
means
the
part
28
of
gasoline
storage
and
dispensing
infrastructure
that
acts
to
29
immediately
stop
the
flow
of
motor
fuel
from
its
storage
system
30
to
its
dispenser
in
the
event
that
its
dispensing
hose
or
31
associated
hanging
infrastructure
becomes
detached,
including
32
when
a
vehicle
pulls
away
from
the
dispenser
while
its
nozzle
33
is
attached
to
the
vehicle.
34
NEW
SUBSECTION
.
4B.
“E-85
gasoline”
means
the
same
as
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defined
in
section
214A.1.
1
NEW
SUBSECTION
.
8.
“Shear
valve”
means
the
part
of
gasoline
2
storage
and
dispensing
infrastructure
that
acts
to
immediately
3
stop
the
flow
of
motor
fuel
from
its
storage
system
to
its
4
dispenser
in
the
event
of
an
emergency
hazard,
including
but
5
not
limited
to
a
vehicle
impacting
the
dispenser
or
a
fire.
6
Sec.
3.
Section
455G.32,
Code
2024,
is
amended
to
read
as
7
follows:
8
455G.32
E-85
gasoline
Ethanol
blended
gasoline
——
compatible
9
infrastructure
——
compliance
requirement.
10
1.
A
retail
dealer
shall
not
install,
replace,
or
convert
11
gasoline
storage
and
dispensing
infrastructure
used
to
store
12
and
dispense
ethanol
blended
gasoline
classified
as
E-15
or
13
higher,
unless
the
installed,
replaced,
or
converted
gasoline
14
infrastructure
is
capable
of
storing
and
dispensing
ethanol
15
blended
gasoline
classified
as
E-85
gasoline
.
16
2.
a.
Notwithstanding
subsection
1,
a
retail
dealer
17
may
install,
replace,
or
convert
a
section
of
the
gasoline
18
infrastructure
beginning
at
a
point
where
the
shear
valve
ends
19
and
continuing
until
the
point
where
the
dispenser
breakaway
20
ends
that
is
incompatible
with
E-85
gasoline.
However,
that
21
section
of
the
gasoline
infrastructure
must
be
compatible
with
22
the
following:
23
(1)
(a)
Ethanol
blended
gasoline
classified
as
E-15
or
24
higher.
25
(b)
This
subparagraph
is
repealed
July
1,
2025.
26
(2)
(a)
Ethanol
blended
gasoline
classified
as
E-40
or
27
higher.
28
(b)
This
subparagraph
shall
be
implemented
beginning
July
29
1,
2025.
30
b.
This
subsection
is
repealed
July
1,
2030.
31
2.
3.
The
gasoline
infrastructure
must
be
all
of
the
32
following:
33
a.
Listed
as
compatible
for
use
with
ethanol
blended
34
gasoline
classified
for
that
part
of
the
gasoline
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infrastructure
as
E-85
provided
in
subsection
1
by
an
1
independent
testing
laboratory
or
as
approved
by
the
2
manufacturer.
3
b.
Approved
by
the
department
or
state
fire
marshal
subject
4
to
conditions
determined
necessary
by
the
department
or
state
5
fire
marshal.
The
department
or
state
fire
marshal
may
waive
6
the
requirement
in
paragraph
“a”
upon
satisfaction
that
a
7
substitute
requirement
serves
the
same
purpose.
8
Sec.
4.
APPLICATIONS
FOR
FINANCIAL
INCENTIVES.
This
9
Act
does
not
require
the
renewable
fuel
infrastructure
board
10
established
in
section
159A.13
to
reconsider
or
reapprove
a
11
decision
made
prior
to
the
effective
date
of
this
Act
for
12
an
award
of
financial
incentives
under
the
renewable
fuel
13
infrastructure
program
for
retail
motor
fuel
sites
established
14
in
section
159A.14.
15
Sec.
5.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
16
importance,
takes
effect
upon
enactment.
17
EXPLANATION
18
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
19
the
explanation’s
substance
by
the
members
of
the
general
assembly.
20
BACKGROUND
——
GENERAL.
This
bill
provides
for
the
use
21
of
infrastructure
used
to
store
and
dispense
ethanol
blended
22
gasoline
owned
by
a
retail
dealer
of
motor
fuel
(retail
23
dealer)
who
sells
gasoline
on
a
retail
basis
from
a
permanent
24
geographic
location
referred
to
as
a
retail
motor
fuel
site
25
(retail
site)
(Code
section
214A.1).
26
BACKGROUND
——
TERMINOLOGY.
Ethanol
blended
gasoline
refers
27
to
a
formulation
of
gasoline
blended
with
ethyl
alcohol
that
28
meets
fuel
standards
adopted
by
the
department
of
agriculture
29
and
land
stewardship
(DALS)
(Code
sections
214A.1
and
214A.2)
30
in
accordance
with
ASTM
international
specifications
and
the
31
federal
Clean
Air
Act
Amendments
of
1990
(42
U.S.C.
§7661)
32
administered
by
the
United
States
environmental
protection
33
agency
(EPA).
Classifications
of
ethanol
blended
gasoline
34
are
generally
determined
by
the
volume
percent
of
ethanol
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and
designated
as
E-xx
where
“xx”
stands
in
for
the
volume
1
percent
of
ethanol.
There
are
three
principal
types
of
ethanol
2
blended
gasoline
referred
to
commonly
as
E-10
formulated
with
3
9
or
10
percent
ethanol
by
volume,
E-15
formulated
with
15
4
percent
ethanol
by
volume,
and
the
highest
classification
E-85
5
formulated
with
between
68
to
83
percent
ethanol
by
volume
6
(Code
section
214A.1).
Generally,
the
use
of
E-15
during
7
summer
months
is
allowed
only
by
waiver
issued
by
the
EPA.
8
BACKGROUND
——
E-15
ACCESS
STANDARD.
Beginning
July
1,
2023,
9
a
retail
dealer
is
required
to
comply
with
an
E-15
access
10
standard
that
requires
a
retail
dealer
to
advertise
for
sale
11
and
sell
E-15
from
a
minimum
number
of
qualifying
gasoline
12
dispensers,
commonly
described
as
pumps,
located
at
the
retail
13
dealer’s
retail
site
(Code
chapter
214A,
subchapter
III).
14
There
are
two
access
standards.
In
order
to
comply
with
the
15
general
E-15
access
standard,
the
retail
dealer
must
dispense
16
E-15
from
one
qualifying
gasoline
dispenser
if
there
is
only
17
one
such
dispenser
located
at
the
retail
site
or
from
at
least
18
50
percent
of
all
qualifying
dispensers
if
there
is
more
than
19
one
such
dispenser
located
at
the
retail
site.
In
order
to
20
comply
with
the
alternative
E-15
access
standard,
the
retail
21
dealer
cannot
install,
replace,
or
convert
a
gasoline
storage
22
tank
at
the
retail
site
on
or
after
July
1,
2023,
and
the
retail
23
dealer
must
advertise
for
sale
and
sell
E-15
from
at
least
one
24
qualifying
dispenser
on
and
after
January
1,
2026.
Once
the
25
retail
dealer
no
longer
complies
with
the
alternative
E-15
26
access
standard
(e.g.,
by
installing
a
new
tank),
the
retail
27
dealer
must
comply
with
the
general
E-15
access
standard.
An
28
exemption
exists
for
small
retail
motor
fuel
sites
in
operation
29
prior
to
January
1,
2023
(Code
section
214A.36).
30
BACKGROUND
——
INFRASTRUCTURE
PROGRAM
FOR
RETAIL
MOTOR
FUEL
31
SITES.
Under
the
renewable
fuel
infrastructure
program
for
32
retail
motor
fuel
sites
(financing
program),
an
eligible
retail
33
dealer
may
be
awarded
moneys
on
a
cost-share
basis
by
the
34
renewable
fuel
infrastructure
board
(RFIB)
and
DALS
to
assist
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in
improving
the
retail
dealer’s
retail
site
by
installing,
1
replacing,
or
converting
infrastructure
(new
infrastructure)
to
2
be
used
to
store,
blend,
or
dispense
ethanol
blended
gasoline
3
in
compliance
with
the
general
E-15
access
standard
(Code
4
section
159A.14).
Thus,
the
financing
program
could
be
used
5
to
upgrade
infrastructure
that
had
been
used
to
store
and
6
dispense
E-0
or
E-10.
However,
the
new
infrastructure
must
7
have
the
capacity
of
storing
and
dispensing
either
E-85
only
or
8
a
variety
of
classifications
ranging
from
E-15
to
E-85
as
part
9
of
a
blender
pump
system.
10
BACKGROUND
——
NEW
INSTALLATION
OF
GASOLINE
INFRASTRUCTURE.
11
Generally,
the
department
of
natural
resources
regulates
12
infrastructure
used
to
store
motor
fuel
stored
in
underground
13
tanks,
including
ethanol
blended
gasoline,
located
at
a
14
retail
site.
A
retail
dealer
at
such
a
retail
site
who
uses
15
infrastructure
compatible
with
E-15
must
install,
replace,
or
16
convert
that
infrastructure
with
new
infrastructure
that
is
17
compatible
with
E-85
(Code
section
455G.32).
18
BILL’S
PROVISIONS
——
INFRASTRUCTURE
PROGRAM
FOR
RETAIL
19
MOTOR
FUEL
SITES.
The
bill
provides
a
transition
period
for
20
infrastructure
supported
by
an
award
of
cost-share
moneys
21
under
the
financing
program.
Until
July
1,
2025,
the
new
22
infrastructure
must
be
compatible
with
E-15;
from
July
1,
2025,
23
until
July
1,
2030,
the
new
infrastructure
must
be
compatible
24
with
ethanol
blended
gasoline
classified
as
E-40;
and
on
and
25
after
July
1,
2030,
the
new
infrastructure
must
be
compatible
26
with
E-85.
The
bill’s
provisions
do
not
affect
decisions
27
regarding
financing
by
the
RFIB
made
prior
to
the
bill’s
28
effective
date.
29
BILL’S
PROVISIONS
——
NEW
INSTALLATION
OF
GASOLINE
30
INFRASTRUCTURE.
The
same
transition
period
applies
to
a
retail
31
dealer
when
installing,
replacing,
or
converting
a
certain
32
section
of
the
infrastructure
that
had
been
used
to
dispense
33
E-15.
In
that
case,
the
new
infrastructure
must
be
compatible
34
with
E-85
except
for
one
section
of
the
infrastructure
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extending
from
the
shear
valve
through
to
the
dispenser
1
breakaway.
Until
July
1,
2025,
the
infrastructure
section
2
must
be
compatible
with
E-15;
from
July
1,
2025,
until
July
3
1,
2030,
the
section
of
the
infrastructure
must
be
compatible
4
with
ethanol
blended
gasoline
classified
as
E-40;
and
on
and
5
after
July
1,
2030,
the
section
of
the
infrastructure
must
be
6
compatible
with
E-85,
meaning
compatibility
throughout
the
7
entire
system.
8
BILL’S
PROVISIONS
——
EFFECTIVE
DATE.
The
bill
takes
effect
9
upon
enactment.
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