Bill Text: IA HF347 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act providing for the display of information regarding the content of biofuel in renewable fuels sold by retail dealers of motor fuel, including advertising and decals affixed to motor fuel pumps, making penalties applicable, and including effective date provisions.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-02-16 - Introduced, referred to Commerce. H.J. 406. [HF347 Detail]

Download: Iowa-2017-HF347-Introduced.html

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House File 347 - Introduced




                                 HOUSE FILE       
                                 BY  R. TAYLOR

                                      A BILL FOR

  1 An Act providing for the display of information regarding the
  2    content of biofuel in renewable fuels sold by retail dealers
  3    of motor fuel, including advertising and decals affixed to
  4    motor fuel pumps, making penalties applicable, and including
  5    effective date provisions.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 214A.3, subsection 2, paragraph b,
  1  2 subparagraph (1), Code 2017, is amended to read as follows:
  1  3    (1)  Ethanol blended gasoline sold by a dealer shall be
  1  4 designated according to its classification as provided in
  1  5 section 214A.2. However, a person advertising E=9 or E=10
  1  6 gasoline may only designate it as ethanol blended gasoline. A
  1  7 person advertising ethanol blended gasoline formulated with a
  1  8 percentage of between seventy and eighty=five percent by volume
  1  9 of ethanol shall designate it as E=85. A person shall not
  1 10 knowingly falsely advertise ethanol blended gasoline by using
  1 11 an inaccurate designation in violation of this subparagraph.
  1 12    Sec. 2.  Section 214A.3, subsection 2, Code 2017, is amended
  1 13 by adding the following new paragraph:
  1 14    NEW PARAGRAPH.  c.  A person advertising a renewable fuel
  1 15 described in paragraph "b" complies with this subsection by
  1 16 using a classification or designation prescribed by the United
  1 17 States environmental protection agency including as provided in
  1 18 40 C.F.R. pt. 80 or prescribed by the federal trade commission
  1 19 including as provided in 16 C.F.R. pt. 306.
  1 20    Sec. 3.  Section 214A.16, subsection 1, paragraphs b and c,
  1 21 Code 2017, are amended to read as follows:
  1 22    b.  If the motor fuel pump dispenses ethanol blended gasoline
  1 23 classified as E=11 to E=15 for use in gasoline=powered vehicles
  1 24 not required to be flexible fuel vehicles, the motor fuel pump
  1 25 shall have affixed a decal as prescribed by the United States
  1 26 environmental protection agency, including as provided in 40
  1 27 C.F.R. pt. 80.
  1 28    c.  If the motor fuel pump dispenses ethanol blended gasoline
  1 29 classified as higher than standard ethanol blended gasoline
  1 30 pursuant to section 214A.2, the decal shall contain the
  1 31 following notice: for use in flexible fuel vehicles, the motor
  1 32 fuel pump shall have affixed a decal identifying the ethanol
  1 33 blended gasoline as prescribed by the federal trade commission,
  1 34 including as provided in 16 C.F.R. pt. 306.
  1 35 FOR FLEXIBLE FUEL VEHICLES ONLY.
  2  1    Sec. 4.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
  2  2 immediate importance, takes effect upon enactment.
  2  3                           EXPLANATION
  2  4 The inclusion of this explanation does not constitute agreement with
  2  5 the explanation's substance by the members of the general assembly.
  2  6    GENERAL.  This bill amends provisions which regulate
  2  7 the display of information specifying the classification of
  2  8 renewable fuel (ethanol blended gasoline, biobutanol blended
  2  9 gasoline, or biodiesel fuel), including the percentage of
  2 10 biofuels contained in the renewable fuel (e.g., designated as
  2 11 E=10, E=15, or E=85), being sold by retail dealers.
  2 12    ADVERTISING.  The bill removes a provision which requires
  2 13 that ethanol blended gasoline formulated with between 70 and 85
  2 14 percent ethanol by volume be advertised as E=85.  The bill also
  2 15 provides that a retail dealer selling ethanol blended gasoline,
  2 16 biobutanol blended gasoline, or biodiesel fuel may advertise
  2 17 the fuel in compliance with regulations promulgated by the
  2 18 United States environmental protection agency or the federal
  2 19 trade commission.
  2 20    LABELING.  The bill eliminates a provision which requires
  2 21 a motor fuel pump dispensing ethanol blended gasoline having
  2 22 an ethanol content of higher than 15 percent be affixed with a
  2 23 decal notifying consumers that the renewable fuel is for use in
  2 24 flexible fuel vehicles (Code section 214A.16). Instead, the
  2 25 decal must identify the ethanol blended gasoline as prescribed
  2 26 by rules adopted by the United States federal trade commission.
  2 27    FEDERAL LAW.  The United States environmental protection
  2 28 agency provides for the labeling of standard ethanol blended
  2 29 gasoline containing from 10 to 15 percent ethanol (40 C.F.R.
  2 30 pt. 80) for use in most motor vehicles and the federal trade
  2 31 commission provides for the labeling of higher than standard
  2 32 ethanol blended gasoline containing 16 or more percent ethanol
  2 33 (16 C.F.R. pt. 306) exclusively for use in flexible fuel
  2 34 vehicles.
  2 35    APPLICABLE PENALTIES.  A person who violates a provision
  3  1 of the bill is guilty of a serious misdemeanor or subject
  3  2 to a civil penalty of between $100 and $1,000 (Code section
  3  3 214A.11).
  3  4    EFFECTIVE DATE.  This bill takes effect upon enactment.
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