Bill Text: IA HF629 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to renewable fuel used to power motor vehicles, including by providing for standards and restricting the sale of gasoline not blended with ethanol, making penalties applicable, and including effective date provisions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2021-02-23 - Introduced, referred to Agriculture. H.J. 499. [HF629 Detail]
Download: Iowa-2021-HF629-Introduced.html
House
File
629
-
Introduced
HOUSE
FILE
629
BY
B.
MEYER
and
OLSON
A
BILL
FOR
An
Act
relating
to
renewable
fuel
used
to
power
motor
vehicles,
1
including
by
providing
for
standards
and
restricting
the
2
sale
of
gasoline
not
blended
with
ethanol,
making
penalties
3
applicable,
and
including
effective
date
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
1088YH
(3)
89
da/ns
H.F.
629
Section
1.
NEW
SECTION
.
214.2A
Disciplinary
action.
1
The
department
may
refuse
to
issue
or
renew
and
may
suspend
2
or
revoke
a
license
issued
to
a
retail
dealer
pursuant
to
3
section
214.2
for
a
violation
of
this
chapter,
or
chapter
214A,
4
including
rules
adopted
by
the
department
pursuant
to
section
5
214A.2.
6
Sec.
2.
Section
214A.1,
Code
2021,
is
amended
by
adding
the
7
following
new
subsections:
8
NEW
SUBSECTION
.
11A.
“Dispensing
unit”
means
the
equipment
9
connected
to
a
motor
fuel
pump
located
at
a
retail
motor
fuel
10
site,
if
the
equipment
includes
a
nozzle
to
control
the
flow
of
11
motor
fuel
discharged
from
the
motor
fuel
storage
tank
to
an
12
end
point
including
the
fuel
supply
tank
of
a
motor
vehicle.
13
NEW
SUBSECTION
.
26B.
“Restricted
use
gasoline”
means
14
gasoline
that
meets
the
standards
of
section
214A.2
and
is
15
subject
to
restrictions
based
on
classifications
provided
in
16
section
214A.31.
17
NEW
SUBSECTION
.
30B.
“Standard
gasoline”
means
ethanol
18
blended
gasoline
that
meets
the
standards
of
section
214A.2
and
19
is
classified
as
provided
in
section
214A.31.
20
Sec.
3.
Section
214A.1,
subsection
16,
Code
2021,
is
amended
21
to
read
as
follows:
22
16.
“Gasoline”
means
any
liquid
product
prepared,
23
advertised,
offered
for
sale
,
or
sold
for
use
as,
or
24
commonly
and
commercially
used
as,
motor
fuel
for
use
in
a
25
spark-ignition,
internal
combustion
engine,
and
which
if
it
26
meets
the
specifications
standards
provided
in
section
214A.2
.
27
Sec.
4.
Section
214A.1,
subsection
30,
Code
2021,
is
amended
28
by
striking
the
subsection.
29
Sec.
5.
NEW
SECTION
.
214A.1A
Disciplinary
action.
30
The
department
may
refuse
to
issue
or
renew
and
may
suspend
31
or
revoke
a
license
issued
to
a
retail
dealer
pursuant
to
32
section
214.2
for
any
violation
of
this
chapter,
including
33
rules
adopted
by
the
department
pursuant
to
section
214A.2.
34
Sec.
6.
Section
214A.2,
subsection
3,
paragraph
b,
Code
35
-1-
LSB
1088YH
(3)
89
da/ns
1/
8
H.F.
629
2021,
is
amended
by
striking
the
paragraph
and
inserting
in
1
lieu
thereof
the
following:
2
b.
If
the
motor
fuel
is
advertised
for
sale
or
sold
as
3
ethanol
or
ethanol
blended
gasoline,
the
motor
fuel
must
4
comply
with
departmental
standards
which
shall
meet
all
of
the
5
following
requirements:
6
(1)
(a)
Ethanol
must
be
a
fuel
grade
agriculturally
7
derived
ethyl
alcohol
and
must
meet
the
requirements
8
of
27
C.F.R.
pts.
20
and
21
and
A.S.T.M.
international
9
specification
D4806
for
blending
with
gasoline
for
use
as
10
automotive
spark-ignition
engine
fuel,
or
a
successor
A.S.T.M.
11
international
specification,
as
established
by
rules
adopted
12
by
the
department.
13
(b)
Ethanol
shall
be
classified
as
E-100.
14
(c)
Gasoline
containing
no
ethanol
or
trace
amounts
of
15
ethanol
shall
be
classified
as
E-0.
16
(2)
Gasoline
blended
with
ethanol
must
meet
requirements
17
based
in
part
or
in
whole
on
A.S.T.M.
international
18
specification
D4814,
or
a
successor
A.S.T.M.
international
19
specification,
as
established
by
rules
adopted
by
the
20
department.
21
(3)
Except
as
otherwise
provided
in
this
subparagraph,
22
ethanol
blended
gasoline
shall
be
classified
as
E-xx
where
23
“xx”
is
the
volume
percent
of
ethanol
in
the
ethanol
blended
24
gasoline.
However,
all
of
the
following
shall
apply:
25
(a)
Ethanol
blended
gasoline
with
a
percentage
of
at
least
26
nine
but
not
more
than
ten
percent
by
volume
of
ethanol
shall
27
be
classified
as
E-10.
28
(b)
Ethanol
blended
gasoline
with
a
percentage
of
fifteen
29
percent
by
volume
of
ethanol
shall
be
classified
as
E-15.
30
(c)
Ethanol
blended
gasoline
with
a
percentage
of
at
least
31
seventy
but
not
more
than
eighty-five
percent
by
volume
of
32
ethanol
shall
be
classified
as
E-85.
E-85
gasoline
must
meet
33
A.S.T.M.
international
specification
D5798,
or
a
successor
34
A.S.T.M.
international
specification,
as
established
by
rules
35
-2-
LSB
1088YH
(3)
89
da/ns
2/
8
H.F.
629
adopted
by
the
department.
1
(4)
In
ensuring
that
ethanol
blended
gasoline
meets
the
2
classification
requirements
of
this
section,
the
department
3
shall
take
into
account
reasonable
variations
due
to
testing
4
and
other
limitations.
5
(5)
Ethanol
blended
gasoline
classified
as
higher
than
6
E-20,
other
than
E-85,
must
conform
to
A.S.T.M.
international
7
specifications
adopted
by
the
department.
8
Sec.
7.
Section
214A.2,
subsection
3,
paragraph
c,
Code
9
2021,
is
amended
by
adding
the
following
new
subparagraph:
10
NEW
SUBPARAGRAPH
.
(3)
(a)
Biobutanol
blended
gasoline
11
shall
be
classified
as
Bu-xx
where
“xx”
is
the
volume
percent
12
of
biobutanol
in
the
biobutanol
blended
gasoline.
13
(b)
In
ensuring
that
biobutanol
blended
gasoline
meets
the
14
classification
requirements
of
this
section,
the
department
15
shall
take
into
account
reasonable
variations
due
to
testing
16
and
other
limitations.
17
Sec.
8.
Section
214A.2,
subsection
4,
paragraph
b,
18
subparagraph
(1),
Code
2021,
is
amended
by
adding
the
following
19
new
subparagraph
divisions:
20
NEW
SUBPARAGRAPH
DIVISION
.
(a)
Biodiesel
shall
be
21
classified
as
B-100.
22
NEW
SUBPARAGRAPH
DIVISION
.
(b)
Diesel
fuel
containing
no
23
biodiesel
or
trace
amounts
of
biodiesel
shall
be
classified
as
24
B-0.
25
Sec.
9.
Section
214A.2,
subsection
4,
paragraph
b,
Code
26
2021,
is
amended
by
adding
the
following
new
subparagraph:
27
NEW
SUBPARAGRAPH
.
(04)
(a)
Biodiesel
blended
fuel
shall
be
28
classified
B-xx
where
“xx”
is
the
volume
percent
of
biodiesel
29
in
the
biodiesel
blended
fuel.
30
(b)
In
ensuring
that
biodiesel
blended
fuel
meets
the
31
classification
requirements
of
this
section,
the
department
32
shall
take
into
account
reasonable
variations
due
to
testing
33
and
other
limitations.
34
Sec.
10.
Section
214A.2,
subsection
5,
Code
2021,
is
amended
35
-3-
LSB
1088YH
(3)
89
da/ns
3/
8
H.F.
629
by
striking
the
subsection.
1
Sec.
11.
Section
214A.3,
subsection
2,
Code
2021,
is
amended
2
to
read
as
follows:
3
2.
For
a
renewable
fuel,
all
of
the
following
apply:
4
a.
A
person
shall
not
knowingly
falsely
advertise
that
a
5
motor
fuel
for
sale
is
a
renewable
fuel
or
is
not
a
renewable
6
fuel.
7
b.
(1)
Ethanol
blended
A
person
shall
not
knowingly
8
falsely
advertise
that
gasoline
sold
by
a
dealer
shall
be
9
designated
according
to
its
classification
as
provided
in
10
section
214A.2
for
sale
is
or
is
not
restricted
use
gasoline
.
11
However,
a
person
advertising
E-9
or
E-10
gasoline
may
only
12
designate
it
as
ethanol
blended
gasoline.
A
person
advertising
13
ethanol
blended
gasoline
formulated
with
a
percentage
of
14
between
seventy
and
eighty-five
percent
by
volume
of
ethanol
15
shall
designate
it
as
E-85.
A
person
shall
not
knowingly
16
falsely
advertise
ethanol
blended
gasoline
for
sale
by
using
17
an
inaccurate
designation
in
violation
of
this
subparagraph
18
classification
as
provided
in
section
214A.2
.
19
(2)
A
person
shall
not
knowingly
falsely
advertise
20
biobutanol
blended
gasoline
for
sale
by
using
an
inaccurate
21
designation
classification
as
provided
in
section
214A.2
.
22
(3)
A
person
shall
not
knowingly
falsely
advertise
23
biodiesel
fuel
for
sale
by
using
an
inaccurate
designation
24
classification
as
provided
in
section
214A.2
.
25
Sec.
12.
Section
214A.16,
subsection
1,
Code
2021,
is
26
amended
to
read
as
follows:
27
1.
a.
If
ethanol
blended
a
retail
dealer
advertises
for
28
sale
or
sells
restricted
use
gasoline
is
sold
from
a
motor
fuel
29
pump
dispensing
unit
,
the
motor
fuel
pump
dispensing
unit
shall
30
have
affixed
a
decal
identifying
the
ethanol
blended
gasoline
31
is
restricted
use
gasoline
.
32
b.
If
the
motor
fuel
pump
dispenses
a
retail
dealer
33
advertises
for
sale
or
sells
ethanol
blended
gasoline
34
classified
as
E-11
to
E-15
for
use
in
gasoline-powered
vehicles
35
-4-
LSB
1088YH
(3)
89
da/ns
4/
8
H.F.
629
not
required
to
be
flexible
fuel
vehicles
from
a
dispensing
1
unit
,
the
motor
fuel
pump
dispensing
unit
shall
have
affixed
2
a
decal
as
prescribed
by
the
United
States
environmental
3
protection
agency
,
including
as
provided
in
40
C.F.R.
pt.
80
.
4
c.
If
the
motor
fuel
pump
dispenses
a
retail
dealer
5
advertises
for
sale
or
sells
ethanol
blended
gasoline
6
classified
as
higher
than
standard
ethanol
blended
gasoline
7
pursuant
to
section
214A.2
E-85
from
a
dispensing
unit
,
the
8
dispensing
unit
shall
have
affixed
a
decal
shall
contain
9
language
that
identifies
the
ethanol
blended
gasoline
is
for
10
use
in
flexible
fuel
vehicles
as
prescribed
by
the
United
11
States
environmental
protection
agency
.
12
d.
If
a
retail
dealer
advertises
for
sale
or
sells
13
biobutanol
blended
gasoline
is
sold
from
a
motor
fuel
pump
14
dispensing
unit
,
the
motor
fuel
pump
dispensing
unit
shall
have
15
affixed
a
decal
identifying
the
biobutanol
blended
gasoline.
16
e.
If
a
retail
dealer
advertises
for
sale
or
sells
biodiesel
17
blended
fuel
is
sold
from
a
motor
fuel
pump
dispensing
unit
,
18
the
motor
fuel
pump
dispensing
unit
shall
have
affixed
a
decal
19
identifying
the
biodiesel
blended
fuel
as
provided
in
16
C.F.R.
20
pt.
306.
21
Sec.
13.
NEW
SECTION
.
214A.31
Renewable
fuel
requirements
22
——
standard
gasoline
and
restricted
use
gasoline.
23
1.
a.
A
retail
dealer
may
advertise
for
sale
or
sell
24
standard
gasoline
classified
as
E-10
or
higher
as
provided
in
25
section
214A.2
from
any
number
of
dispensing
units
located
at
a
26
retail
motor
fuel
site.
27
b.
Except
as
provided
in
subsection
2,
a
retail
dealer
28
shall
not
advertise
for
sale
or
sell
restricted
use
gasoline
29
classified
as
E-0
from
more
than
one
dispensing
unit
located
at
30
a
retail
motor
fuel
site.
31
2.
A
retail
dealer
may
advertise
for
sale
or
sell
restricted
32
use
gasoline
from
one
or
more
dispensing
units
located
at
33
a
restricted
retail
motor
fuel
site.
For
purposes
of
this
34
section,
a
restricted
retail
motor
fuel
site
is
limited
to
any
35
-5-
LSB
1088YH
(3)
89
da/ns
5/
8
H.F.
629
of
the
following:
1
a.
An
airport
as
defined
in
section
328.1.
2
b.
A
facility
primarily
used
to
support
motor
vehicles
that
3
are
not
registered
for
highway
use,
including
but
not
limited
4
to
a
location
dedicated
to
motor
vehicle
racing.
5
c.
A
marina
that
provides
a
secured
mooring
or
dry
dock
6
storage
for
watercraft
as
defined
in
section
462A.2.
7
d.
A
location
that
is
primarily
used
to
store
or
sell
any
8
of
the
following:
9
(1)
Motor
vehicles
manufactured
before
1985.
10
(2)
All-terrain
vehicles
or
motorcycles,
as
those
terms
are
11
defined
in
section
321.1,
or
snowmobiles
as
defined
in
section
12
321G.1.
13
Sec.
14.
NEW
SECTION
.
214A.32
Renewable
fuel
——
restricted
14
use
gasoline
waiver.
15
1.
The
secretary
of
agriculture
may
issue
or
renew
an
16
administrative
order
temporarily
waiving
a
requirement
that
a
17
retail
dealer
comply
with
section
214A.31.
18
2.
The
order
shall
allow
the
retail
dealer
to
advertise
19
for
sale
and
sell
restricted
use
gasoline
from
any
number
of
20
dispensing
units
at
the
retail
dealer’s
retail
motor
fuel
site.
21
3.
The
order
must
be
supported
by
credible
evidence
that
the
22
retail
dealer
has
not
been
able
to
reasonably
obtain
standard
23
gasoline
to
offer
for
sale
or
sell
at
the
retail
dealer’s
24
retail
motor
fuel
site.
25
4.
An
order
shall
not
apply
to
more
than
one
retail
motor
26
fuel
site.
27
5.
The
department
shall
publish
a
copy
of
the
order
on
the
28
department’s
internet
site
within
ten
days
after
its
issuance.
29
6.
The
order
shall
expire
six
months
from
the
date
of
its
30
issuance,
unless
a
shorter
period
is
stated
in
the
order.
31
Sec.
15.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
32
2022.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
-6-
LSB
1088YH
(3)
89
da/ns
6/
8
H.F.
629
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
STANDARDS.
This
bill
provides
for
the
regulation
of
2
motor
fuel,
which
provisions
are
administered
and
enforced
3
by
the
department
of
agriculture
and
land
stewardship
(DALS)
4
(Code
chapter
214A).
This
includes
two
types
of
motor
fuel,
5
including
gasoline,
and
specifically
ethanol
blended
gasoline
6
beginning
with
an
ethanol
percentage
of
between
9
and
10
7
percent
by
volume
(E-10).
It
also
includes
diesel
fuel,
and
8
specifically
biodiesel
blended
fuel
beginning
with
a
minimum
9
biodiesel
percentage
of
1
percent
(B-1).
The
bill
amends
10
standards
governing
motor
fuel
and
classifications
of
motor
11
fuel
including
nonblended
gasoline
(e.g.,
E-0)
and
blended
12
formulations
(e.g.,
E-10).
13
RESTRICTED
USE
GASOLINE
PROHIBITED.
The
bill
designates
14
nonblended
gasoline
classified
as
E-0
as
restricted
use
15
gasoline
(amended
Code
section
214A.1
and
new
Code
section
16
214A.31),
and
prohibits
its
sale
in
this
state.
The
bill
17
expressly
allows
the
sale
of
standard
gasoline
which
is
ethanol
18
blended
gasoline
classified
as
E-10
or
higher.
The
bill
does
19
recognize
two
types
of
exceptions.
A
single
dispensing
unit
20
may
be
reserved
at
a
site
to
dispense
restricted
use
gasoline.
21
A
restricted
site
may
be
used
to
dispense
restricted
use
22
gasoline
from
any
number
of
dispensing
units.
Such
restricted
23
sites
include
an
airport,
a
facility
servicing
motor
vehicles
24
engaged
in
racing,
a
marina,
or
a
location
used
to
store
25
or
sell
older
model
motor
vehicles,
all-terrain
vehicles,
26
motorcycles,
or
snowmobiles.
27
ADVERTISING
AND
NOTICE
PROVISIONS.
The
bill
requires
that
28
when
advertising
gasoline
for
sale,
a
dealer
must
designate
its
29
restricted
status
(amended
Code
section
214A.3).
It
eliminates
30
a
provision
that
requires
that
a
decal
be
placed
on
a
motor
31
fuel
pump
that
notifies
the
traveling
public
that
gasoline
is
32
blended
with
ethanol.
It
provides
that
a
decal
must
identify
33
gasoline
as
restricted
(amended
Code
section
214A.16).
34
WAIVER
AND
SUSPENSION.
The
bill
authorizes
the
secretary
of
35
-7-
LSB
1088YH
(3)
89
da/ns
7/
8
H.F.
629
agriculture
to
issue
an
order
temporarily
waiving
a
requirement
1
that
a
dealer
comply
with
the
restricted
use
requirements
if
2
there
is
credible
evidence
that
the
dealer
has
not
been
able
to
3
reasonably
obtain
standard
gasoline
(new
Code
section
214A.32).
4
PENALTY.
A
person
who
violates
a
provision
of
Code
chapter
5
214A
is
guilty
of
a
serious
misdemeanor
(Code
section
214A.11).
6
A
serious
misdemeanor
is
punishable
by
confinement
for
no
more
7
than
one
year
and
a
fine
of
at
least
$430
but
not
more
than
8
$2,560.
Alternatively,
the
state
may
initiate
an
alternative
9
civil
proceeding
against
the
person
for
at
least
$100
but
not
10
more
than
$1,000
for
each
violation.
11
EFFECTIVE
DATE.
The
bill
takes
effect
January
1,
2022.
12
-8-
LSB
1088YH
(3)
89
da/ns
8/
8