Bill Text: IA HF859 | 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 restrictions, infrastructure, tax credits, and requirements for state agencies operating motor vehicles powered by renewable fuel, providing penalties, making penalties applicable, and including effective date provisions.(Formerly HSB 185.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-05-20 - Referred to Ways and Means. H.J. 1203. [HF859 Detail]
Download: Iowa-2021-HF859-Introduced.html
House
File
859
-
Introduced
HOUSE
FILE
859
BY
COMMITTEE
ON
WAYS
AND
MEANS
(SUCCESSOR
TO
HSB
185)
A
BILL
FOR
An
Act
relating
to
renewable
fuel
used
to
power
motor
vehicles,
1
including
by
providing
for
standards
and
restrictions,
2
infrastructure,
tax
credits,
and
requirements
for
state
3
agencies
operating
motor
vehicles
powered
by
renewable
4
fuel,
providing
penalties,
making
penalties
applicable,
and
5
including
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
TLSB
1311HV
(3)
89
da/ns
H.F.
859
DIVISION
I
1
MOTOR
FUEL
2
PART
A
3
STANDARDS
AND
CLASSIFICATIONS
4
Section
1.
Section
214A.1,
Code
2021,
is
amended
by
adding
5
the
following
new
subsections:
6
NEW
SUBSECTION
.
8A.
“Clear
diesel
fuel”
means
diesel
fuel
7
that
is
not
dyed
under
section
452A.3,
subsection
3,
paragraph
8
“b”
,
and
that
is
regularly
sold
to
members
of
the
general
9
public
by
retail
dealers
to
power
motor
vehicles
subject
10
to
registration
under
chapter
321
to
operate
on
the
public
11
highways.
12
NEW
SUBSECTION
.
11A.
“Dispensing
unit”
means
equipment
that
13
is
part
of
motor
fuel
storage
and
dispensing
infrastructure,
if
14
the
equipment
includes
a
nozzle
to
control
the
flow
of
motor
15
fuel
discharged
from
the
motor
fuel
storage
tank
to
an
end
16
point
including
the
fuel
supply
tank
of
a
motor
vehicle.
17
NEW
SUBSECTION
.
19A.
“Motor
fuel
storage
and
dispensing
18
infrastructure”
or
“infrastructure”
means
a
motor
fuel
storage
19
tank,
motor
fuel
pump,
and
a
dispensing
unit
necessary
to
store
20
and
dispense,
or
store,
blend,
and
dispense,
motor
fuel
at
21
a
retail
motor
fuel
site,
including
but
not
limited
to
all
22
associated
equipment,
dispensing
units,
dispensers,
pumps,
23
pipes,
hoses,
tubes,
lines,
fittings,
valves,
filters,
seals,
24
and
covers.
25
NEW
SUBSECTION
.
29A.
“Small
retail
dealer”
means
a
retail
26
dealer
engaged
in
the
business
of
storing
and
dispensing
motor
27
fuel
from
a
motor
fuel
pump
for
sale
on
a
retail
basis
at
fewer
28
than
ten
permanent
retail
motor
fuel
sites.
29
NEW
SUBSECTION
.
29B.
“Special
use
diesel
fuel”
means
clear
30
diesel
fuel
subject
to
restrictions
based
on
a
designated
31
classification
as
provided
in
section
214A.34.
32
NEW
SUBSECTION
.
29C.
a.
“Special
use
gasoline”
means
33
unleaded
gasoline
that
is
subject
to
restrictions
based
on
a
34
designated
classification
as
provided
in
sections
214A.31
and
35
-1-
LSB
1311HV
(3)
89
da/ns
1/
43
H.F.
859
214A.32.
1
b.
“Special
use
gasoline”
does
not
include
aviation
gasoline
2
or
racing
fuel
as
those
terms
are
defined
in
section
452A.2.
3
NEW
SUBSECTION
.
30A.
“Standard
use
diesel
fuel”
means
clear
4
diesel
fuel
that
includes
a
required
blend
of
biodiesel
based
5
on
a
designated
classification
as
provided
in
section
214A.34.
6
NEW
SUBSECTION
.
30B.
a.
“Standard
use
gasoline”
means
7
unleaded
gasoline
that
includes
a
required
blend
of
ethanol
8
based
on
a
designated
classification
as
provided
in
sections
9
214A.31
and
214A.32.
10
b.
“Standard
use
gasoline”
does
not
include
aviation
11
gasoline
or
racing
fuel
as
those
terms
are
defined
in
section
12
452A.2.
13
Sec.
2.
Section
214A.1,
subsections
11
and
16,
Code
2021,
14
are
amended
to
read
as
follows:
15
11.
a.
“Diesel
fuel”
means
any
liquid,
other
than
gasoline,
16
which
is
suitable
for
use
as
a
type
of
motor
fuel
for
use
in
17
a
diesel
fuel
powered
engine,
including
but
not
limited
to
a
18
motor
vehicle,
equipment
as
defined
in
section
322F.1
,
or
a
19
train
railroad
locomotive,
and
which
meets
the
standards
and
20
classifications
provided
in
section
214A.2
.
21
b.
Diesel
fuel
“Diesel
fuel”
includes
a
liquid
product
22
prepared,
advertised,
offered
for
sale,
or
sold
for
use
as,
23
or
commonly
and
commercially
used
as,
motor
fuel
for
use
in
24
an
internal
combustion
engine
and
ignited
by
pressure
without
25
the
presence
of
an
electric
spark.
Diesel
fuel
must
meet
the
26
standards
provided
in
section
214A.2
.
27
16.
“Gasoline”
means
any
liquid
product
prepared,
28
advertised,
offered
for
sale
,
or
sold
for
use
as,
or
commonly
29
and
commercially
used
as,
a
type
of
motor
fuel
for
use
in
a
30
spark-ignition,
internal
combustion
engine,
and
which
meets
31
the
specifications
standards
and
classifications
provided
in
32
section
214A.2
.
33
Sec.
3.
Section
214A.1,
subsection
30,
Code
2021,
is
amended
34
by
striking
the
subsection.
35
-2-
LSB
1311HV
(3)
89
da/ns
2/
43
H.F.
859
Sec.
4.
NEW
SECTION
.
214A.1A
Rules.
1
The
department
shall
adopt
rules
necessary
or
desirable
to
2
administer
and
enforce
this
chapter
in
conjunction
with
chapter
3
214.
4
Sec.
5.
Section
214A.2,
subsections
1
and
2,
Code
2021,
are
5
amended
to
read
as
follows:
6
1.
The
department
shall
adopt
rules
pursuant
to
chapter
7
17A
for
carrying
out
this
chapter
.
The
rules
may
include
but
8
are
not
limited
to
specifications
section
214A.1A
relating
9
to
standards
and
classifications
for
types
of
motor
fuel,
10
including
but
not
limited
to
gasoline
and
diesel
fuel.
11
The
rules
shall
provide
standards
and
classifications
for
12
renewable
fuel
such
as
ethanol
blended
gasoline,
biobutanol
13
blended
gasoline,
biodiesel,
biodiesel
blended
fuel,
and
14
motor
fuel
components
such
as
a
biofuel
or
an
oxygenate.
In
15
the
interest
of
uniformity,
the
department
shall
adopt
by
16
reference
other
specifications
standards
relating
to
tests
and
17
standards
specifications
for
types
of
motor
fuel,
including
18
renewable
fuel
and
motor
fuel
components,
established
by
the
19
United
States
environmental
protection
agency
and
A.S.T.M.
20
international.
21
2.
Octane
number
An
octane
rating
assigned
to
gasoline
22
shall
conform
to
the
average
of
values
obtained
from
the
23
A.S.T.M.
international
D2699
research
method
and
the
A.S.T.M.
24
international
D2700
motor
method.
25
a.
Octane
number
for
For
regular
grade
unleaded
gasoline
26
shall
follow
the
specifications
of
A.S.T.M.
international
but
,
27
the
octane
rating
shall
be
not
be
less
than
eighty-seven
and
28
not
more
than
ninety
.
29
b.
Octane
number
for
For
premium
grade
unleaded
gasoline
30
shall
follow
the
specifications
of
A.S.T.M.
international
but
,
31
the
octane
rating
shall
not
be
not
less
than
ninety
ninety-one
.
32
Sec.
6.
Section
214A.2,
subsection
3,
paragraph
b,
Code
33
2021,
is
amended
by
striking
the
paragraph
and
inserting
in
34
lieu
thereof
the
following:
35
-3-
LSB
1311HV
(3)
89
da/ns
3/
43
H.F.
859
b.
If
the
motor
fuel
is
advertised
for
sale
or
sold
as
1
ethanol
or
ethanol
blended
gasoline,
the
motor
fuel
must
meet
2
departmental
standards
and
classifications
based
on
all
of
the
3
following
requirements:
4
(1)
(a)
Ethanol
must
be
a
fuel
grade
agriculturally
5
derived
ethyl
alcohol
and
must
meet
the
requirements
of
6
27
C.F.R.
pts.
19
through
21
and
A.S.T.M.
international
7
specification
D4806
for
blending
with
gasoline
for
use
as
8
automotive
spark-ignition
engine
fuel,
or
a
successor
A.S.T.M.
9
international
specification,
as
established
by
rules
adopted
10
by
the
department.
11
(b)
Ethanol
shall
be
classified
as
E-100.
12
(c)
Gasoline
containing
no
ethanol
or
trace
amounts
of
13
ethanol
shall
be
classified
as
E-0.
14
(2)
Gasoline
blended
with
ethanol
must
meet
requirements
15
based
in
part
or
in
whole
on
A.S.T.M.
international
16
specification
D4814,
or
a
successor
A.S.T.M.
international
17
specification,
as
established
by
rules
adopted
by
the
18
department.
19
(3)
For
any
classification
of
ethanol
blended
gasoline,
at
20
least
nine
percent
by
volume
must
be
ethanol.
21
(4)
For
ethanol
blended
gasoline
classified
as
E-10
or
22
higher,
the
state
grants
a
waiver
of
one
pound
per
square
inch
23
from
the
A.S.T.M.
international
specification
D4814
Reid
vapor
24
pressure
requirement.
25
(5)
Except
as
otherwise
provided
in
this
subparagraph,
26
ethanol
blended
gasoline
shall
be
classified
as
E-xx
where
27
“xx”
is
the
volume
percent
of
ethanol
in
the
ethanol
blended
28
gasoline.
However,
all
of
the
following
shall
apply:
29
(a)
Ethanol
blended
gasoline
with
a
percentage
of
at
least
30
nine
but
not
more
than
ten
percent
by
volume
of
ethanol
shall
31
be
classified
as
E-10.
32
(b)
Ethanol
blended
gasoline
with
a
percentage
of
fifteen
33
percent
by
volume
of
ethanol
shall
be
classified
as
E-15.
34
(c)
Ethanol
blended
gasoline
with
a
percentage
of
at
least
35
-4-
LSB
1311HV
(3)
89
da/ns
4/
43
H.F.
859
seventy
but
not
more
than
eighty-five
percent
by
volume
of
1
ethanol
shall
be
classified
as
E-85.
E-85
gasoline
must
meet
2
A.S.T.M.
international
specification
D5798,
or
a
successor
3
A.S.T.M.
international
specification,
as
established
by
rules
4
adopted
by
the
department.
5
(6)
Ethanol
blended
gasoline
classified
as
higher
than
6
E-15,
other
than
E-85,
must
conform
to
standards
adopted
by
the
7
department.
8
(7)
In
ensuring
that
ethanol
blended
gasoline
meets
the
9
classification
requirements
of
this
section,
the
department
10
shall
take
into
account
up
to
a
two
percent
variation
in
the
11
volume
percent
of
ethanol
in
ethanol
blended
gasoline
due
to
12
testing
and
other
limitations
as
determined
by
the
department.
13
Sec.
7.
Section
214A.2,
subsection
3,
paragraph
c,
Code
14
2021,
is
amended
by
adding
the
following
new
subparagraph:
15
NEW
SUBPARAGRAPH
.
(3)
(a)
Biobutanol
blended
gasoline
16
shall
be
classified
as
Bu-xx
where
“xx”
is
the
volume
percent
17
of
biobutanol
in
the
biobutanol
blended
gasoline.
18
(b)
In
ensuring
that
biobutanol
blended
gasoline
meets
the
19
classification
requirements
of
this
section,
the
department
20
shall
take
into
account
up
to
a
two
percent
variation
in
the
21
volume
percent
of
biobutanol
in
biobutanol
blended
gasoline
22
due
to
testing
and
other
limitations
as
determined
by
the
23
department.
24
Sec.
8.
Section
214A.2,
subsection
4,
paragraph
b,
25
subparagraph
(1),
Code
2021,
is
amended
by
adding
the
following
26
new
subparagraph
divisions:
27
NEW
SUBPARAGRAPH
DIVISION
.
(a)
Biodiesel
shall
be
28
classified
as
B-100.
29
NEW
SUBPARAGRAPH
DIVISION
.
(b)
Diesel
fuel
containing
no
30
biodiesel
or
trace
amounts
of
biodiesel
shall
be
classified
as
31
B-0.
32
Sec.
9.
Section
214A.2,
subsection
4,
paragraph
b,
Code
33
2021,
is
amended
by
adding
the
following
new
subparagraph:
34
NEW
SUBPARAGRAPH
.
(04)
(a)
Biodiesel
blended
fuel
shall
be
35
-5-
LSB
1311HV
(3)
89
da/ns
5/
43
H.F.
859
classified
B-xx
where
“xx”
is
the
volume
percent
of
biodiesel
1
in
the
biodiesel
blended
fuel.
2
(b)
In
ensuring
that
biodiesel
blended
fuel
meets
the
3
classification
requirements
of
this
section,
the
department
4
shall
take
into
account
up
to
a
two
percent
variation
in
the
5
volume
percent
of
biodiesel
in
biodiesel
blended
fuel
due
to
6
testing
and
other
limitations
as
determined
by
the
department.
7
Sec.
10.
Section
214A.2,
subsection
4,
paragraph
b,
8
subparagraph
(4),
Code
2021,
is
amended
to
read
as
follows:
9
(4)
Biodiesel
blended
fuel
classified
as
B-6
or
higher
10
but
not
higher
than
up
to
and
including
B-20
must
conform
to
11
A.S.T.M.
international
specification
D7467
,
or
a
successor
12
A.S.T.M.
international
specification
,
as
established
by
rules
13
adopted
by
the
department.
14
Sec.
11.
Section
214A.2,
subsection
4,
paragraph
b,
Code
15
2021,
is
amended
by
adding
the
following
new
subparagraph:
16
NEW
SUBPARAGRAPH
.
(5)
(a)
Biodiesel
blended
fuel
17
classified
as
higher
than
B-20
must
conform
to
standards
18
adopted
by
the
department.
19
(b)
The
rules
adopted
by
the
department
of
agriculture
and
20
land
stewardship
establishing
standards
for
biodiesel
blended
21
fuel
classified
as
higher
than
B-20
shall
take
effect
not
22
earlier
than
sixty
days
after
the
date
for
filing
as
provided
23
in
section
17A.5,
subsection
2,
paragraph
“b”
,
subparagraph
24
(1),
subparagraph
division
(a).
The
department
of
agriculture
25
and
land
stewardship
shall
notify
the
legislative
services
26
agency
and
the
department
of
revenue
of
the
effective
date
of
27
rules
at
least
thirty
days
prior
to
the
effective
date
of
the
28
rules.
29
Sec.
12.
Section
214A.2,
subsection
5,
Code
2021,
is
amended
30
by
striking
the
subsection.
31
Sec.
13.
Section
214A.3,
subsection
2,
Code
2021,
is
amended
32
to
read
as
follows:
33
2.
For
a
renewable
fuel,
all
of
the
following
apply:
34
a.
A
person
shall
not
knowingly
falsely
advertise
that
a
35
-6-
LSB
1311HV
(3)
89
da/ns
6/
43
H.F.
859
motor
fuel
for
sale
is
a
renewable
fuel
or
is
not
a
renewable
1
fuel.
2
b.
(1)
Ethanol
blended
A
person
shall
not
knowingly
falsely
3
advertise
that
gasoline
sold
by
a
dealer
shall
be
designated
4
according
to
its
classification
as
provided
in
section
214A.2
5
for
sale
is
or
is
not
standard
use
gasoline
or
special
use
6
gasoline
.
However,
a
person
advertising
E-9
or
E-10
gasoline
7
may
only
designate
it
as
ethanol
blended
gasoline.
A
person
8
advertising
ethanol
blended
gasoline
formulated
with
a
9
percentage
of
between
seventy
and
eighty-five
percent
by
10
volume
of
ethanol
shall
designate
it
as
E-85.
A
person
shall
11
not
knowingly
falsely
advertise
ethanol
blended
standard
12
use
gasoline
or
special
use
gasoline
for
sale
by
using
an
13
inaccurate
designation
in
violation
of
this
subparagraph
14
classification
as
provided
in
section
214A.2
.
15
(2)
A
person
shall
not
knowingly
falsely
advertise
16
biobutanol
blended
gasoline
for
sale
by
using
an
inaccurate
17
designation
classification
as
provided
in
section
214A.2
.
18
(3)
A
person
shall
not
knowingly
falsely
advertise
19
biodiesel
that
diesel
fuel
for
sale
is
or
is
not
standard
use
20
diesel
fuel
or
special
use
diesel
fuel.
A
person
shall
not
21
knowingly
falsely
advertise
standard
use
diesel
fuel
or
special
22
use
diesel
fuel
for
sale
by
using
an
inaccurate
designation
23
classification
as
provided
in
section
214A.2
.
24
Sec.
14.
Section
214A.11,
Code
2021,
is
amended
by
adding
25
the
following
new
subsections:
26
NEW
SUBSECTION
.
3.
The
department
may
refuse
to
issue
or
27
renew
and
may
suspend
or
revoke
a
license
issued
to
a
retail
28
dealer
pursuant
to
section
214.2
for
any
violation
of
this
29
chapter,
including
rules
adopted
by
the
department
pursuant
to
30
section
214A.2.
31
NEW
SUBSECTION
.
4.
A
retail
dealer
who
advertises
the
sale
32
of
motor
fuel
at
a
retail
motor
fuel
site
shall
not
be
subject
33
to
a
criminal
or
civil
penalty
or
an
administrative
action
34
suspending
or
revoking
a
license
as
provided
in
this
section,
35
-7-
LSB
1311HV
(3)
89
da/ns
7/
43
H.F.
859
if
a
person
fails
to
dispense
the
classification
of
ethanol
1
blended
gasoline
or
biodiesel
blended
fuel
otherwise
required
2
in
subchapter
IV
and
the
retail
dealer
complies
with
the
other
3
applicable
requirements
of
that
subchapter.
4
Sec.
15.
NEW
SECTION
.
214A.31
Special
use
gasoline
5
classified
as
E-0
——
restrictions.
6
A
retail
dealer
shall
not
knowingly
advertise
for
sale
or
7
knowingly
sell
special
use
gasoline
classified
as
E-0
as
8
provided
in
section
214A.2,
unless
the
gasoline
is
premium
9
grade
unleaded
gasoline
as
provided
in
that
section.
10
Sec.
16.
NEW
SECTION
.
214A.32
Special
use
gasoline
11
classified
as
E-10
——
restrictions
——
future
implementation.
12
1.
A
retail
dealer
shall
not
knowingly
advertise
for
sale
13
special
use
gasoline
classified
as
E-10
or
higher
up
to
but
not
14
including
E-15,
as
provided
in
section
214A.2.
15
2.
Notwithstanding
subsection
1,
a
retail
dealer
may
16
advertise
for
sale
special
use
gasoline
classified
as
E-10
or
17
higher
to
power
an
engine
that
operates
any
of
the
following:
18
a.
A
2000
or
older
model
year
motor
vehicle.
19
b.
A
motorcycle
as
defined
in
section
321.1.
20
c.
An
all-terrain
vehicle
as
defined
in
section
321.1.
21
d.
A
snowmobile
as
defined
in
section
321G.1.
22
e.
A
vehicle
serviced
by
a
marina,
dock,
or
airport.
23
f.
A
vehicle
principally
designed
for
use
off
a
public
24
highway.
25
g.
Machinery
or
equipment
not
primarily
designed
to
26
transport
a
person
or
property.
27
3.
a.
This
section
shall
be
implemented
on
January
1,
2028.
28
b.
This
subsection
is
repealed
January
2,
2028.
29
Sec.
17.
NEW
SECTION
.
214A.33
Standard
use
gasoline
30
classified
as
E-15
or
higher
——
future
implementation.
31
1.
A
retail
dealer
shall
not
knowingly
advertise
for
sale
32
or
knowingly
sell
gasoline
from
more
than
two
dispensing
units
33
located
at
a
retail
motor
fuel
site,
unless
the
retail
dealer
34
advertises
for
sale
standard
use
gasoline
classified
as
E-15
35
-8-
LSB
1311HV
(3)
89
da/ns
8/
43
H.F.
859
or
higher
from
at
least
one
of
the
dispensing
units
located
at
1
that
retail
motor
fuel
site.
2
2.
a.
This
section
shall
be
implemented
on
January
1,
2028.
3
b.
This
subsection
is
repealed
January
2,
2028.
4
Sec.
18.
NEW
SECTION
.
214A.34
Standard
use
diesel
fuel
——
5
restrictions.
6
1.
For
the
period
of
each
year
beginning
April
1
and
ending
7
October
31,
a
retail
dealer
shall
not
knowingly
advertise
for
8
sale
clear
diesel
fuel
other
than
standard
use
diesel
fuel
9
classified
as
B-11
or
higher
as
provided
in
section
214A.2.
10
2.
Notwithstanding
subsection
1,
a
retail
dealer
may
11
advertise
for
sale
special
use
diesel
fuel
classified
as
B-0
or
12
higher
to
power
an
engine
that
operates
any
of
the
following:
13
a.
A
vehicle
serviced
by
a
marina,
dock,
or
airport.
14
b.
A
vehicle
principally
designed
for
use
off
a
public
15
highway.
16
c.
Machinery
or
equipment
not
primarily
designed
to
17
transport
a
person
or
property.
18
3.
This
section
does
not
apply
to
diesel
fuel
used
to
power
19
aircraft,
railroad
locomotives,
vessels
of
the
United
States
20
coast
guard,
or
vessels
subject
to
inspection
under
46
U.S.C.
21
§3301.
22
Sec.
19.
NEW
SECTION
.
214A.35
Labeling
of
dispensing
units
23
——
federal
law.
24
A
retail
dealer
advertising
the
sale
of
motor
fuel
shall
25
affix
a
label
to
each
dispensing
unit
used
to
discharge
a
motor
26
fuel
as
required
by
federal
law,
including
by
the
United
States
27
federal
trade
commission
as
provided
in
16
C.F.R.
§306.12,
and
28
the
United
States
environmental
protection
agency
as
provided
29
in
40
C.F.R.
pt.
80,
including
§80.570
and
80.1501.
30
Sec.
20.
NEW
SECTION
.
214A.36
Labeling
of
dispensing
units
31
——
state
law
——
future
implementation.
32
1.
A
retail
dealer
restricted
from
advertising
the
sale
of
33
special
use
gasoline
as
provided
in
section
214A.31
shall
affix
34
a
clearly
visible
decal
to
each
dispensing
unit
discharging
35
-9-
LSB
1311HV
(3)
89
da/ns
9/
43
H.F.
859
such
gasoline.
The
decal
shall
identify
the
gasoline
as
1
special
use
gasoline.
2
2.
a.
A
retail
dealer
restricted
from
advertising
the
3
sale
of
special
use
gasoline
as
provided
in
section
214A.32
4
shall
affix
a
clearly
visible
decal
to
each
dispensing
unit
5
discharging
such
gasoline.
The
decal
shall
identify
the
6
gasoline
as
special
use
gasoline
and
list
the
types
of
engines
7
that
may
be
powered
by
using
that
gasoline
as
provided
in
8
section
214A.32,
subsection
2.
9
b.
(1)
This
subsection
shall
be
implemented
on
January
1,
10
2028.
11
(2)
This
paragraph
“b”
is
repealed
January
2,
2028.
12
3.
A
retail
dealer
advertising
the
sale
of
biobutanol
13
blended
gasoline
from
a
dispensing
unit
shall
affix
to
the
14
dispensing
unit
a
decal
identifying
the
gasoline
as
biobutanol
15
blended
gasoline.
16
4.
A
retail
dealer
restricted
from
advertising
the
sale
17
of
special
use
diesel
fuel
as
provided
in
section
214A.34
18
shall
affix
a
clearly
visible
decal
to
each
dispensing
unit
19
discharging
such
diesel
fuel.
The
decal
shall
identify
the
20
diesel
fuel
as
special
use
diesel
fuel
and
list
the
types
21
of
engines
that
may
be
powered
by
using
that
diesel
fuel
as
22
provided
in
section
214A.34,
subsection
2.
23
5.
The
design
and
location
of
a
decal
required
in
this
24
section
shall
be
prescribed
by
rules
adopted
by
the
department.
25
A
decal
identifying
a
renewable
fuel
shall
be
consistent
with
26
standards
adopted
pursuant
to
section
159A.6.
The
department
27
may
approve
an
application
to
place
a
decal
in
a
special
28
location
on
a
dispensing
unit
or
use
a
decal
with
special
29
lettering
or
colors,
if
the
decal
appears
clear
and
conspicuous
30
to
the
consumer.
The
application
shall
be
submitted
in
writing
31
pursuant
to
procedures
adopted
by
the
department.
32
Sec.
21.
NEW
SECTION
.
214A.41
Waiver
of
renewable
fuel
33
requirements.
34
1.
The
governor
may
issue
or
renew
an
executive
order
or
the
35
-10-
LSB
1311HV
(3)
89
da/ns
10/
43
H.F.
859
secretary
of
agriculture
may
issue
or
renew
an
administrative
1
order
temporarily
waiving
a
requirement
that
a
retail
dealer
2
comply
with
a
provision
in
part
1
of
this
subchapter.
3
2.
The
order
may
allow
the
retail
dealer
to
advertise
4
for
sale
special
use
gasoline
classified
as
E-0
as
regular
5
grade
unleaded
gasoline
as
provided
in
section
214A.2,
6
notwithstanding
section
214A.31.
7
3.
a.
The
order
may
allow
the
retail
dealer
to
advertise
8
for
sale
special
use
gasoline
classified
as
E-10
or
higher
9
from
any
number
of
dispensing
units
at
the
retail
dealer’s
10
retail
motor
fuel
site
without
any
restriction,
notwithstanding
11
section
214A.32
or
214A.33.
12
b.
(1)
This
subsection
shall
be
implemented
on
January
1,
13
2028.
14
(2)
This
paragraph
“b”
is
repealed
January
2,
2028.
15
4.
The
order
may
allow
the
retail
dealer
to
advertise
16
for
sale
special
use
diesel
fuel
classified
as
B-0
or
higher
17
without
any
restriction
otherwise
provided
in
section
214A.34.
18
5.
The
order
must
be
supported
by
credible
evidence
that
19
the
retail
dealer
has
not
been
able
to
reasonably
obtain
the
20
required
grade
or
classification
of
standard
use
gasoline
or
21
standard
use
diesel
fuel
at
the
retail
dealer’s
retail
motor
22
fuel
site.
23
6.
An
order
may
apply
to
more
than
one
retail
motor
fuel
24
site,
if
each
such
retail
motor
fuel
site
is
listed
in
the
25
order.
26
7.
The
department
shall
publish
a
copy
of
the
order
on
the
27
department’s
internet
site
within
ten
days
after
its
issuance.
28
8.
The
order
shall
expire
six
months
from
the
date
of
its
29
issuance,
unless
a
shorter
period
is
stated
in
the
order.
30
The
early
expiration
of
the
order
may
also
occur
based
on
31
circumstances
described
in
the
order.
32
Sec.
22.
NEW
SECTION
.
214A.42
Suspension
of
renewable
fuel
33
requirements.
34
1.
The
governor
may
issue
or
renew
an
executive
order
that
35
-11-
LSB
1311HV
(3)
89
da/ns
11/
43
H.F.
859
temporarily
suspends
a
requirement
that
retail
dealers
comply
1
with
a
provision
in
part
1
of
this
subchapter
on
either
a
2
statewide
basis
or
in
a
geographic
region
of
the
state.
3
2.
The
order
may
allow
retail
dealers
to
advertise
for
4
sale
special
use
gasoline
classified
as
E-0
as
regular
5
grade
unleaded
gasoline
as
provided
in
section
214A.2,
6
notwithstanding
section
214A.31.
7
3.
a.
The
order
may
allow
retail
dealers
to
advertise
8
for
sale
special
use
gasoline
classified
as
E-10
or
higher
to
9
customers
from
any
number
of
dispensing
units
at
retail
motor
10
fuel
sites
without
restriction,
notwithstanding
section
214A.32
11
or
214A.33.
12
b.
(1)
This
subsection
shall
be
implemented
on
January
1,
13
2028.
14
(2)
This
paragraph
“b”
is
repealed
January
2,
2028.
15
4.
The
order
may
allow
retail
dealers
to
advertise
for
sale
16
special
use
diesel
fuel
classified
as
B-0
or
higher
without
the
17
restrictions
otherwise
provided
in
section
214A.34,
subsection
18
2.
19
5.
The
order
must
be
based
on
the
governor’s
determination
20
that
any
of
the
following
apply:
21
a.
There
is
not
adequate
infrastructure
to
store
and
22
dispense
the
required
standard
use
gasoline
or
standard
use
23
diesel
fuel
at
retail
motor
fuel
sites
in
this
state
or
the
24
region
of
this
state
described
in
the
order.
25
b.
It
is
not
commercially
feasible
to
obtain
the
standard
26
use
gasoline
or
standard
use
diesel
fuel
to
be
advertised
for
27
sale
or
sold
at
retail
motor
fuel
sites
in
this
state
or
the
28
region
of
this
state
described
in
the
order.
29
6.
The
order
shall
take
effect
on
its
date
of
publication
in
30
the
Iowa
administrative
bulletin,
unless
the
order
specifies
31
a
later
date.
The
order
shall
expire
one
year
from
the
date
32
of
its
publication
unless
a
shorter
period
is
stated
in
the
33
order.
The
early
expiration
of
the
order
may
also
occur
based
34
on
circumstances
described
in
the
order.
35
-12-
LSB
1311HV
(3)
89
da/ns
12/
43
H.F.
859
Sec.
23.
NEW
SECTION
.
214A.43
Extension
of
special
use
1
gasoline
requirements
——
future
implementation.
2
1.
As
used
in
this
section,
“department”
means
the
3
department
of
natural
resources.
4
2.
The
director
of
the
department
may
issue
an
5
administrative
order
granting
a
small
retail
dealer
an
extended
6
period
of
compliance
to
meet
the
requirements
of
section
7
214A.32
or
214A.33.
8
3.
A
small
retail
dealer
must
apply
for
an
extended
period
9
of
compliance
by
submitting
a
form
to
the
department
in
a
10
manner
and
according
to
procedures
required
by
the
department.
11
4.
The
department
may
grant
an
extended
period
of
compliance
12
to
a
small
retail
dealer
for
each
retail
motor
fuel
site
13
identified
in
the
application,
if
the
department
determines
all
14
of
the
following:
15
a.
The
small
retail
dealer
cannot
comply
with
section
16
214A.32
or
214A.33
because
the
retail
motor
fuel
site’s
17
existing
underground
motor
fuel
storage
and
dispensing
18
infrastructure
is
incompatible
with
standard
use
gasoline
19
classified
as
E-15
or
higher.
20
b.
The
small
retail
dealer
would
suffer
significant
21
financial
hardship,
measured
on
the
basis
of
income
to
expense
22
ratio,
if
the
small
retail
dealer
improved
a
retail
motor
fuel
23
site
to
store
and
dispense
standard
use
gasoline
classified
24
as
E-15
or
higher
by
installing,
replacing,
or
converting
25
infrastructure.
26
c.
The
department
of
agriculture
and
land
stewardship
27
submits
a
statement
to
the
department
of
natural
resources
28
certifying
the
small
retail
dealer’s
proposed
financing
of
29
ethanol
infrastructure
at
the
retail
motor
fuel
site.
The
30
statement
shall
at
least
include
all
of
the
following:
31
(1)
The
small
retail
dealer
has
applied
to
participate
in
32
the
renewable
fuel
infrastructure
program
for
retail
motor
33
fuel
sites
as
provided
in
section
159A.14
to
improve
the
34
retail
motor
fuel
site
by
installing,
replacing,
or
converting
35
-13-
LSB
1311HV
(3)
89
da/ns
13/
43
H.F.
859
infrastructure
to
be
used
to
store,
dispense,
or
blend
and
1
dispense
ethanol
blended
gasoline.
2
(2)
The
small
retail
dealer
is
eligible
to
participate
in
3
the
program
as
described
in
subparagraph
(1),
regardless
of
4
whether
the
small
retail
dealer’s
application
is
approved.
5
(3)
If
the
small
retail
dealer’s
application
is
approved,
6
the
retail
motor
fuel
site
has
not
yet
been
improved
as
7
provided
in
subparagraph
(1),
using
moneys
awarded
to
the
8
participating
person
according
to
the
terms
of
a
cost-share
9
agreement
as
provided
in
section
159A.14.
10
5.
The
order
shall
take
effect
on
its
date
of
publication
in
11
the
Iowa
administrative
bulletin,
unless
the
order
specifies
12
a
later
date.
The
order
shall
expire
five
years
from
the
date
13
of
its
publication
unless
a
shorter
period
is
stated
in
the
14
order.
The
early
expiration
of
the
order
may
also
occur
based
15
on
circumstances
described
in
the
order.
16
6.
The
director
of
the
department
may
issue
an
order
17
granting
a
retail
dealer
any
number
of
subsequent
extended
18
periods
of
compliance,
if
all
of
the
following
apply:
19
a.
The
prior
order
granting
the
retail
dealer
an
extended
20
period
of
compliance
is
expiring
or
has
expired.
21
b.
The
department
grants
the
extended
period
of
compliance
22
in
the
same
manner
as
it
would
approve
a
new
application.
23
7.
a.
This
section
shall
be
implemented
on
January
1,
2028.
24
b.
This
subsection
is
repealed
January
2,
2028.
25
Sec.
24.
RULE-MAKING
——
EXTENSION
OF
SPECIAL
USE
GASOLINE
26
REQUIREMENTS.
The
department
of
natural
resources
shall
adopt
27
rules
pursuant
to
chapter
17A
as
necessary
to
allow
retail
28
dealers
to
apply
for
an
extended
period
of
compliance
and
for
29
the
department
to
receive
and
consider
such
applications
as
30
provided
in
section
214A.43,
prior
to
January
1,
2028.
31
Sec.
25.
REPEAL.
Section
214A.16,
Code
2021,
is
repealed.
32
PART
B
33
MISCELLANEOUS
CHANGES
34
Sec.
26.
Section
159A.6,
subsection
1,
paragraph
c,
Code
35
-14-
LSB
1311HV
(3)
89
da/ns
14/
43
H.F.
859
2021,
is
amended
to
read
as
follows:
1
c.
Develop
standards
for
decals
required
pursuant
to
2
section
214A.16
214A.36
,
which
shall
be
designed
to
promote
3
the
advantages
of
using
renewable
fuels.
The
standards
may
be
4
incorporated
within
a
model
decal
adopted
by
the
office.
5
Sec.
27.
NEW
SECTION
.
214.2A
Disciplinary
action.
6
The
department
may
refuse
to
issue
or
renew
and
may
suspend
7
or
revoke
a
license
issued
to
a
retail
dealer
pursuant
to
8
section
214.2
for
a
violation
of
this
chapter,
or
chapter
214A,
9
including
rules
adopted
by
the
department
pursuant
to
section
10
214A.1A.
11
PART
C
12
CODE
ORGANIZATION
13
Sec.
28.
CODE
EDITOR
DIRECTIVE.
14
1.
The
Code
editor
is
directed
to
make
the
following
15
transfers:
16
a.
Section
214A.7
to
section
214A.2D.
17
b.
Section
214A.8
to
section
214A.2E.
18
c.
Section
214A.13
to
section
214A.2F.
19
2.
The
Code
editor
shall
correct
internal
references
in
the
20
Code
and
in
any
enacted
legislation
as
necessary
due
to
the
21
enactment
of
this
section.
22
Sec.
29.
DIRECTIONS
TO
THE
CODE
EDITOR.
The
Code
editor
23
is
directed
to
divide
Code
chapter
214A
as
amended
by
this
24
division
of
this
Act
into
subchapters
and
subchapter
parts
as
25
follows:
26
1.
Subchapter
I,
including
sections
214A.1
and
214A.1A.
27
2.
Subchapter
II,
including
sections
214A.2
through
28
214A.2F.
29
3.
Subchapter
III,
including
sections
214A.3
through
30
214A.30.
31
4.
Subchapter
IV,
subdivided
into
part
1,
including
32
sections
214A.31
through
214A.40;
and
part
2,
including
33
sections
214A.41
through
214A.43.
34
PART
D
35
-15-
LSB
1311HV
(3)
89
da/ns
15/
43
H.F.
859
EFFECTIVE
DATES
1
Sec.
30.
EFFECTIVE
DATE.
2
1.
Except
as
provided
in
subsection
2,
this
division
of
this
3
Act
takes
effect
October
1,
2021.
4
2.
The
section
of
this
division
of
this
Act
enacting
section
5
214A.1A
takes
effect
upon
enactment.
However,
rules
adopted
by
6
the
department
of
agriculture
and
land
stewardship
pursuant
to
7
that
section
shall
not
take
effect
prior
to
October
1,
2021.
8
3.
The
section
of
this
division
of
this
Act
requiring
the
9
department
of
natural
resources
to
adopt
rules
as
necessary
10
to
allow
retail
dealers
to
apply
for
an
extended
period
of
11
compliance
pursuant
to
section
214A.43
and
for
the
department
12
to
consider
those
applications
takes
effect
upon
enactment.
13
However,
the
department
is
not
required
to
adopt
such
rules
14
until
January
1,
2027.
15
DIVISION
II
16
RENEWABLE
FUEL
INFRASTRUCTURE
17
PART
A
18
FINANCIAL
INCENTIVES
FOR
RETAIL
MOTOR
FUEL
SITES
19
Sec.
31.
Section
159A.11,
subsection
1,
Code
2021,
is
20
amended
to
read
as
follows:
21
1.
“Biodiesel”
,
“biodiesel
blended
fuel”
,
“biodiesel
22
fuel”
,
“E-85
gasoline”
,
“ethanol”
,
“ethanol
blended
gasoline”
,
23
“gasoline”
,
“motor
fuel”
,
“retail
dealer”
,
and
“retail
motor
fuel
24
site”
,
and
“small
retail
dealer”
mean
the
same
as
defined
in
25
section
214A.1
.
26
Sec.
32.
Section
159A.12,
Code
2021,
is
amended
to
read
as
27
follows:
28
159A.12
Classification
Classifications
of
renewable
types
of
29
motor
fuel
——
gasoline
and
diesel
fuel
.
30
For
purposes
of
this
subchapter
,
all
of
the
following
apply
31
to
types
of
motor
fuel:
32
1.
Gasoline,
ethanol
,
and
ethanol
blended
fuel
and
33
biodiesel
fuel
gasoline
shall
be
classified
in
the
same
manner
34
as
provided
in
section
214A.2
.
35
-16-
LSB
1311HV
(3)
89
da/ns
16/
43
H.F.
859
2.
Diesel
fuel,
biodiesel
fuel,
and
biodiesel
blended
fuel
1
shall
be
classified
in
the
same
manner
as
provided
in
section
2
214A.2.
3
Sec.
33.
Section
159A.13,
subsection
6,
Code
2021,
is
4
amended
by
striking
the
subsection.
5
Sec.
34.
Section
159A.14,
subsections
1
and
2,
Code
2021,
6
are
amended
to
read
as
follows:
7
1.
The
purpose
of
the
program
is
to
improve
retail
8
motor
fuel
sites
by
installing,
replacing,
or
converting
9
infrastructure
to
be
used
to
store
,
blend,
or
and
dispense
,
or
10
store,
blend,
and
dispense,
renewable
fuel.
The
infrastructure
11
shall
be
ethanol
infrastructure
or
biodiesel
infrastructure.
12
a.
(1)
Ethanol
infrastructure
shall
be
designed
and
used
13
exclusively
have
the
capacity
to
do
any
of
the
following:
14
(a)
(1)
Store
and
dispense
E-15
gasoline
ethanol
classified
15
as
E-100
or
store
ethanol
blended
gasoline
classified
as
E-85
16
or
higher
.
At
least
for
the
period
beginning
on
September
16
17
and
ending
on
May
31
of
each
year,
the
ethanol
infrastructure
18
must
be
used
to
store
and
dispense
E-15
gasoline
as
a
19
registered
fuel
recognized
by
the
United
States
environmental
20
protection
agency.
21
(b)
(2)
Store
and
dispense
Dispense
ethanol
blended
22
gasoline
classified
as
E-85
gasoline
or
higher
.
23
(c)
(3)
Store
,
ethanol
classified
as
E-100
or
store
24
ethanol
blended
gasoline
classified
as
E-85
or
higher
to
blend
,
25
and
dispense
motor
fuel
ethanol
or
ethanol
blended
gasoline
26
classified
as
E-85
or
higher
from
a
motor
fuel
blender
pump.
27
The
ethanol
infrastructure
must
be
used
for
the
storage
of
28
ethanol
or
ethanol
blended
gasoline,
or
for
blending
ethanol
29
with
gasoline.
The
ethanol
infrastructure
must
at
least
30
include
a
motor
fuel
blender
pump
which
dispenses
different
31
classifications
of
ethanol
blended
gasoline
and
allows
E-85
32
gasoline
to
be
dispensed
at
all
times
that
the
blender
pump
is
33
operating.
34
(2)
b.
(1)
Biodiesel
infrastructure
shall
be
designed
and
35
-17-
LSB
1311HV
(3)
89
da/ns
17/
43
H.F.
859
used
exclusively
have
the
capacity
to
do
any
of
the
following:
1
(a)
Store
and
dispense
biodiesel
or
biodiesel
blended
fuel
2
classified
as
B-20
or
higher
.
3
(b)
Blend
or
Store
biodiesel
classified
as
B-100
or
4
store
biodiesel
blended
fuel
classified
as
B-20
or
higher,
5
to
blend
and
dispense
biodiesel
blended
fuel
classified
as
6
B-20
or
higher
from
a
motor
fuel
blender
pump.
The
biodiesel
7
infrastructure
must
at
least
include
a
motor
fuel
blender
pump
8
which
dispenses
different
classifications
of
biodiesel
blended
9
fuel
and
allows
B-20
to
be
dispensed
at
all
times
that
the
10
blender
pump
is
operating.
11
(2)
This
paragraph
“b”
is
repealed
July
1,
2024.
12
b.
c.
The
infrastructure
must
be
part
of
the
premises
of
13
a
retail
motor
fuel
site
operated
by
a
retail
dealer.
The
14
infrastructure
shall
not
include
a
tank
vehicle.
15
2.
A
person
may
apply
to
the
department
to
participate
in
16
the
program
to
receive
financial
incentives
on
a
cost-share
17
basis
as
provided
in
this
section
.
The
department
shall
18
forward
the
applications
to
the
underground
storage
tank
19
fund
board
as
required
by
that
board
for
evaluation
and
20
recommendation.
The
underground
storage
tank
fund
board
may
21
rank
the
applications
with
comments
and
shall
forward
them
22
to
the
infrastructure
board
for
approval
or
disapproval.
23
The
department
shall
establish
a
deadline
for
submitting
24
applications
by
persons
seeking
to
participate
in
the
program.
25
The
infrastructure
board
shall
approve
all
applications
to
26
improve
existing
retail
motor
fuel
sites
before
approving
27
applications
to
improve
any
retail
motor
fuel
site
planned
to
28
be
constructed
or
expanded
or
in
any
stage
of
construction
29
or
expansion.
The
infrastructure
board
shall
then
provide
30
a
priority
in
approving
applications
submitted
by
eligible
31
persons
who
are
small
retail
dealers.
Upon
request
of
the
32
department
of
natural
resources,
the
department
of
agriculture
33
and
land
stewardship
shall
submit
a
statement
to
the
department
34
of
natural
resources
certifying
a
small
retail
dealer’s
35
-18-
LSB
1311HV
(3)
89
da/ns
18/
43
H.F.
859
proposed
financing
of
ethanol
infrastructure
as
provided
1
in
section
214A.43.
The
department
shall
award
financial
2
incentives
on
a
cost-share
basis
to
an
eligible
person
whose
3
application
was
approved
by
the
infrastructure
board.
4
Sec.
35.
Section
159A.14,
subsection
5,
Code
2021,
is
5
amended
to
read
as
follows:
6
5.
An
award
of
financial
incentives
to
a
participating
7
person
shall
be
on
a
cost-share
basis
in
the
form
of
a
grant.
8
To
participate
in
the
program,
an
eligible
person
must
execute
9
a
cost-share
agreement
with
the
department
as
approved
by
10
the
infrastructure
board
in
which
the
person
contributes
11
a
percentage
of
the
total
costs
related
to
improving
the
12
retail
motor
fuel
site.
A
cost-share
agreement
shall
be
for
13
a
three-year
period
or
a
five-year
period.
A
cost-share
14
agreement
shall
include
provisions
for
standard
financial
15
incentives
or
standard
financial
incentives
and
supplemental
16
financial
incentives
as
provided
in
this
subsection
.
The
17
infrastructure
board
may
approve
multiple
improvements
to
the
18
same
retail
motor
fuel
site
for
the
full
amount
available
for
19
both
ethanol
infrastructure
and
biodiesel
infrastructure
so
20
long
as
the
improvements
for
ethanol
infrastructure
and
for
21
biodiesel
infrastructure
are
made
under
separate
cost-share
22
agreements.
23
a.
(1)
Except
as
provided
in
paragraph
“b”
,
a
A
24
participating
person
may
be
awarded
standard
financial
25
incentives
to
make
improvements
to
a
retail
motor
fuel
site
by
26
installing,
replacing,
or
converting
ethanol
infrastructure
as
27
provided
in
this
section
.
28
(1)
The
standard
financial
incentives
awarded
to
a
29
participating
person
shall
not
exceed
the
following:
30
(a)
For
a
three-year
cost-share
agreement,
fifty
percent
of
31
the
actual
cost
of
making
the
improvement
or
thirty
thousand
32
dollars,
whichever
is
less.
33
(b)
For
be
awarded
to
a
participating
person
pursuant
to
a
34
five-year
cost-share
agreement
,
not
to
exceed
seventy
percent
35
-19-
LSB
1311HV
(3)
89
da/ns
19/
43
H.F.
859
of
the
actual
cost
of
making
the
improvement
or
fifty
thousand
1
dollars,
whichever
is
less.
2
(2)
As
part
of
the
cost-share
agreement,
the
participating
3
person
must
agree
that
for
the
period
of
the
agreement
the
4
ethanol
infrastructure
shall
be
used
to
store
and
dispense
5
ethanol
or
ethanol
blended
gasoline
classified
as
E-15
or
6
higher
or
store,
blend,
and
dispense
ethanol
or
ethanol
blended
7
gasoline
classified
as
E-15
or
higher.
8
(2)
(3)
The
infrastructure
board
may
approve
multiple
9
awards
of
standard
financial
incentives
to
make
improvements
10
to
a
retail
motor
fuel
site
so
long
as
the
total
amount
of
the
11
awards
for
ethanol
infrastructure
or
biodiesel
infrastructure
12
does
not
exceed
the
limitations
provided
in
subparagraph
(1).
13
b.
A
participating
person
may
be
awarded
standard
financial
14
incentives
to
improve
a
retail
motor
fuel
site
by
installing,
15
replacing,
or
converting
biodiesel
infrastructure
as
provided
16
in
this
section.
17
(1)
The
standard
financial
incentives
shall
be
awarded
to
18
a
participating
person
pursuant
to
a
three-year
cost-share
19
agreement
not
to
exceed
fifty
percent
of
the
actual
cost
of
20
making
the
improvement
or
thirty
thousand
dollars,
whichever
21
is
less.
22
(2)
As
part
of
the
cost-share
agreement,
the
participating
23
person
must
agree
that
for
the
period
of
the
agreement
the
24
biodiesel
infrastructure
shall
be
used
to
store
and
dispense
25
biodiesel
or
biodiesel
blended
fuel
classified
as
B-20
or
26
higher,
or
store,
blend,
and
dispense
biodiesel
or
biodiesel
27
blended
fuel
classified
as
B-20
or
higher,
from
April
1
to
28
October
31
and
biodiesel
blended
fuel
classified
as
B-5
or
29
higher
from
November
1
to
March
31.
30
(3)
This
paragraph
“b”
is
repealed
July
1,
2024.
31
c.
(1)
The
infrastructure
board
may
approve
multiple
32
improvements
to
the
same
retail
motor
fuel
site
for
the
full
33
amount
available
for
both
ethanol
infrastructure
and
biodiesel
34
infrastructure
so
long
as
the
improvements
for
ethanol
35
-20-
LSB
1311HV
(3)
89
da/ns
20/
43
H.F.
859
infrastructure
and
for
biodiesel
infrastructure
are
made
under
1
separate
cost-share
agreements.
2
(2)
This
paragraph
“c”
is
repealed
July
1,
2024.
3
d.
In
addition
to
any
standard
financial
incentives
awarded
4
to
a
participating
person
under
paragraph
“a”
this
subsection
,
5
the
participating
person
may
be
awarded
supplemental
financial
6
incentives
to
make
improvements
to
a
retail
motor
fuel
site
to
7
do
any
of
the
following:
8
(1)
Upgrade
or
replace
a
dispenser
which
is
part
of
9
gasoline
storage
and
dispensing
infrastructure
used
to
store
10
and
dispense
E-85
gasoline
as
provided
in
section
455G.31
.
11
The
participating
person
is
only
eligible
to
be
awarded
the
12
supplemental
financial
incentives
if
the
person
installed
the
13
dispenser
not
later
than
sixty
days
after
July
27,
2011.
The
14
supplemental
financial
incentives
awarded
to
the
participating
15
person
shall
not
exceed
seventy-five
percent
of
the
actual
cost
16
of
making
the
improvement
or
thirty
thousand
dollars,
whichever
17
is
less.
18
(2)
To
improve
additional
retail
motor
fuel
sites
owned
or
19
operated
by
a
participating
person
within
a
twelve-month
period
20
as
provided
in
the
cost-share
agreement.
The
supplemental
21
financial
incentives
shall
be
used
for
the
installation
of
an
22
additional
tank
and
associated
infrastructure
at
each
such
23
retail
motor
fuel
site.
A
participating
person
may
be
awarded
24
supplemental
financial
incentives
under
this
subparagraph
25
paragraph
and
standard
financial
incentives
under
paragraph
26
“a”
this
subsection
to
improve
the
same
motor
fuel
site.
The
27
supplemental
financial
incentives
awarded
to
the
participating
28
person
shall
not
exceed
twenty-four
thousand
dollars.
The
29
participating
person
shall
be
awarded
the
supplemental
30
financial
incentives
on
a
cumulative
basis
according
to
the
31
schedule
provided
in
this
subparagraph
paragraph
,
which
shall
32
not
exceed
the
following:
33
(a)
(1)
For
the
second
retail
motor
fuel
site,
six
thousand
34
dollars.
35
-21-
LSB
1311HV
(3)
89
da/ns
21/
43
H.F.
859
(b)
(2)
For
the
third
retail
motor
fuel
site,
six
thousand
1
dollars.
2
(c)
(3)
For
the
fourth
retail
motor
fuel
site,
six
thousand
3
dollars.
4
(d)
(4)
For
the
fifth
retail
motor
fuel
site,
six
thousand
5
dollars.
6
Sec.
36.
Section
159A.16,
subsection
3,
Code
2021,
is
7
amended
to
read
as
follows:
8
3.
Moneys
in
the
renewable
fuel
infrastructure
fund
are
9
appropriated
to
the
department
exclusively
to
support
and
10
market
the
renewable
fuel
infrastructure
programs
as
provided
11
in
sections
159A.14
and
159A.15
,
and
as
allocated
in
financial
12
incentives
by
the
renewable
fuel
infrastructure
board
created
13
in
section
159A.13
.
14
a.
(1)
For
each
fiscal
year
of
the
period
beginning
July
1,
15
2021,
and
ending
June
30,
2024,
not
more
than
one
million
two
16
hundred
fifty
thousand
dollars
shall
be
allocated
to
support
17
all
of
the
following:
18
(a)
The
renewable
fuel
infrastructure
program
for
retail
19
motor
fuel
sites
as
provided
in
section
159A.14
to
finance
20
the
installation,
replacement,
or
conversion
of
biodiesel
21
infrastructure
as
provided
in
that
section.
22
(b)
The
renewable
fuel
infrastructure
program
for
biodiesel
23
terminal
facilities
as
provided
in
section
159A.15.
24
(2)
This
paragraph
“a”
is
repealed
July
1,
2024.
25
b.
Up
to
fifty
For
the
fiscal
year
beginning
July
1,
2021,
26
and
for
each
fiscal
year
thereafter,
not
more
than
one
hundred
27
thousand
dollars
shall
be
allocated
each
fiscal
year
to
the
28
department
to
support
the
administration
of
the
programs.
29
c.
The
For
the
fiscal
year
beginning
July
1,
2021,
and
30
for
each
fiscal
year
thereafter,
the
department
may
use
up
to
31
one
and
one-half
percent
of
the
program
funds
to
market
the
32
programs.
Otherwise
the
moneys
shall
not
be
transferred,
used,
33
obligated,
appropriated,
or
otherwise
encumbered
except
to
34
allocate
as
financial
incentives
under
the
programs.
35
-22-
LSB
1311HV
(3)
89
da/ns
22/
43
H.F.
859
Sec.
37.
RENEWABLE
FUEL
INFRASTRUCTURE
AGREEMENTS.
The
1
department
of
agriculture
and
land
stewardship
shall
continue
2
to
administer
any
outstanding
cost-share
agreement
executed
3
prior
to
July
1,
2024,
in
which
a
participating
person
4
was
awarded
a
grant
to
improve
a
retail
motor
fuel
site
by
5
installing,
replacing,
or
converting
infrastructure
to
be
used
6
to
store
and
dispense
biodiesel
blended
fuel
or
blend
and
7
dispense
biodiesel
blended
fuel
as
provided
in
section
159A.14,
8
as
amended
by
this
Act.
9
PART
B
10
REQUIREMENTS
FOR
STORAGE
AND
DISPENSING
INFRASTRUCTURE
11
Sec.
38.
Section
323.4A,
subsection
2,
paragraphs
a
and
b,
12
Code
2021,
are
amended
to
read
as
follows:
13
a.
Installing,
converting,
or
operating
a
storage
tank
14
or
a
dispenser
located
on
the
distributor’s
or
dealer’s
15
business
premises
for
use
in
storing
or
dispensing
renewable
16
fuel.
However,
this
paragraph
does
not
apply
to
a
dealer
or
17
distributor
whose
business
premises
are
leased
from
the
other
18
party
furnishing
the
renewable
fuel.
19
b.
Using
a
dispenser
to
dispense
ethanol
blended
gasoline,
20
including
gasoline
with
a
specified
blend
or
a
range
of
blends
21
under
chapter
214A
,
if
the
dispenser
is
approved
as
required
by
22
the
state
fire
marshal
for
dispensing
the
specified
blend
or
23
range
of
blends
,
including
as
provided
in
section
455G.31
.
24
Sec.
39.
NEW
SECTION
.
455G.32
Definitions.
25
As
used
in
this
subchapter
unless
the
context
otherwise
26
requires:
27
1.
“Department”
means
the
department
of
natural
resources.
28
2.
“Ethanol
blended
gasoline”
means
the
same
as
defined
in
29
section
214A.1.
30
3.
“Gasoline
fuel
storage
and
dispensing
infrastructure”
or
31
“infrastructure”
means
a
motor
fuel
storage
tank
located
above
32
ground
or
below
ground,
motor
fuel
pump,
and
a
dispensing
unit
33
necessary
to
store
and
dispense
gasoline
at
a
retail
motor
fuel
34
site
as
defined
in
section
214A.1,
including
but
not
limited
to
35
-23-
LSB
1311HV
(3)
89
da/ns
23/
43
H.F.
859
all
associated
equipment,
dispensing
units,
dispensers,
pumps,
1
pipes,
hoses,
tubes,
lines,
fittings,
valves,
filters,
seals,
2
and
covers.
3
4.
“Retail
dealer”
means
the
same
as
defined
in
section
4
214A.1.
5
Sec.
40.
NEW
SECTION
.
455G.33
Restrictions.
6
1.
A
retail
dealer
shall
not
install,
replace,
or
convert
7
gasoline
fuel
storage
and
dispensing
infrastructure
unless
the
8
installed,
replaced,
or
converted
infrastructure
is
capable
of
9
storing
and
dispensing
ethanol
blended
gasoline
classified
as
10
E-85
or
higher.
11
2.
The
infrastructure
must
be
all
of
the
following:
12
a.
Listed
as
compatible
for
use
with
ethanol
blended
13
gasoline
classified
as
E-85
or
higher
by
an
independent
testing
14
laboratory
or
as
approved
by
the
manufacturer.
15
b.
Approved
by
the
department
or
state
fire
marshal
subject
16
to
conditions
determined
necessary
by
the
department
or
state
17
fire
marshal.
The
department
or
state
fire
marshal
may
waive
18
the
requirement
in
paragraph
“a”
upon
satisfaction
that
a
19
substitute
requirement
serves
the
same
purpose.
20
Sec.
41.
REPEAL.
Section
455G.31,
Code
2021,
is
repealed.
21
Sec.
42.
EFFECTIVE
DATE.
This
part
of
this
division
of
this
22
Act
takes
effect
October
1,
2021.
23
DIVISION
III
24
TAXATION
25
PART
A
26
INCOME
TAX
27
Sec.
43.
Section
422.11O,
subsection
8,
Code
2021,
is
28
amended
to
read
as
follows:
29
8.
This
section
is
repealed
on
January
1,
2025
2028
.
30
Sec.
44.
Section
422.11P,
subsection
4,
Code
2021,
is
31
amended
to
read
as
follows:
32
4.
For
a
retail
dealer
whose
tax
year
is
on
a
calendar
year
33
basis,
the
retail
dealer
shall
calculate
the
amount
of
the
tax
34
credit
by
multiplying
a
designated
rate
by
the
retail
dealer’s
35
-24-
LSB
1311HV
(3)
89
da/ns
24/
43
H.F.
859
total
biodiesel
blended
fuel
gallonage
as
provided
in
section
1
452A.31
which
qualifies
under
this
subsection
.
2
a.
In
order
to
qualify
for
the
tax
credit,
the
biodiesel
3
blended
fuel
must
be
classified
as
B-5
B-11
or
higher
as
4
provided
in
paragraph
“b”
this
subsection
.
5
b.
Beginning
January
1,
2018
2022
,
the
designated
rate
is
6
determined
as
follows:
7
(1)
For
biodiesel
blended
fuel
classified
as
B-5
or
higher
8
but
not
as
high
as
B-11,
the
designated
rate
is
three
and
9
one-half
cents.
10
(2)
For
biodiesel
blended
fuel
classified
as
B-11
or
higher,
11
the
designated
rate
is
five
and
one-half
cents.
12
(1)
(a)
During
the
period
beginning
January
1
and
ending
13
March
31,
and
during
the
period
beginning
November
1
and
ending
14
December
31,
for
biodiesel
blended
fuel
classified
as
B-11
or
15
higher
up
to
but
not
including
B-20,
the
designated
rate
is
16
four
cents.
17
(b)
During
the
period
beginning
January
1
and
ending
18
December
31,
for
biodiesel
blended
fuel
classified
as
B-20
or
19
higher
up
to
but
not
including
B-30,
the
designated
rate
is
six
20
cents.
21
(c)
During
the
period
beginning
January
1
and
ending
22
December
31,
for
biodiesel
blended
fuel
classified
as
B-30
or
23
higher,
the
designated
rate
is
ten
cents.
24
(2)
A
retail
dealer
is
eligible
to
claim
a
tax
credit
25
for
a
biodiesel
blended
fuel
classified
as
higher
than
B-20
26
under
subparagraph
(1),
subparagraph
subdivision
(b)
or
(c),
27
for
each
tax
year
beginning
January
1
immediately
following
28
the
effective
date
of
rules
adopted
by
the
department
of
29
agriculture
and
land
stewardship
establishing
standards
for
30
that
classification
as
provided
in
sections
214A.2.
31
Sec.
45.
Section
422.11P,
subsection
8,
Code
2021,
is
32
amended
to
read
as
follows:
33
8.
This
section
is
repealed
January
1,
2025
2028
.
34
Sec.
46.
Section
422.11Y,
subsection
4,
paragraph
b,
Code
35
-25-
LSB
1311HV
(3)
89
da/ns
25/
43
H.F.
859
2021,
is
amended
to
read
as
follows:
1
b.
The
Beginning
January
1,
2022,
the
designated
rate
of
the
2
tax
credit
for
the
following
three
periods
within
each
calendar
3
year
is
as
follows:
4
(1)
For
the
first
period
beginning
January
1
and
ending
May
5
31,
three
four
cents.
6
(2)
For
the
second
period
beginning
June
1
and
ending
7
September
15,
ten
cents.
8
(3)
For
the
third
period
beginning
September
16
and
ending
9
December
31,
three
cents.
10
Sec.
47.
Section
422.11Y,
subsection
9,
Code
2021,
is
11
amended
to
read
as
follows:
12
9.
This
section
is
repealed
on
January
1,
2025
2028
.
13
Sec.
48.
Section
422.33,
subsection
11B,
paragraph
c,
Code
14
2021,
is
amended
to
read
as
follows:
15
c.
This
subsection
is
repealed
on
January
1,
2025
2028
.
16
Sec.
49.
Section
422.33,
subsection
11C,
paragraph
c,
Code
17
2021,
is
amended
to
read
as
follows:
18
c.
This
subsection
is
repealed
on
January
1,
2025
2028
.
19
Sec.
50.
Section
422.33,
subsection
11D,
paragraph
c,
Code
20
2021,
is
amended
to
read
as
follows:
21
c.
This
subsection
is
repealed
on
January
1,
2025
2028
.
22
Sec.
51.
2006
Iowa
Acts,
chapter
1142,
section
49,
23
subsection
3,
as
amended
by
2011
Iowa
Acts,
chapter
113,
24
section
20,
and
2016
Iowa
Acts,
chapter
1106,
section
6,
is
25
amended
to
read
as
follows:
26
3.
For
a
retail
dealer
who
may
claim
an
E-85
gasoline
27
promotion
tax
credit
under
section
422.11O
or
422.33,
28
subsection
11B
,
as
enacted
in
this
Act
and
amended
in
29
subsequent
Acts,
in
calendar
year
2024
2027
and
whose
tax
30
year
ends
prior
to
December
31,
2024
2027
,
the
retail
dealer
31
may
continue
to
claim
the
tax
credit
in
the
retail
dealer’s
32
following
tax
year.
In
that
case,
the
tax
credit
shall
be
33
calculated
in
the
same
manner
as
provided
in
section
422.11O
34
or
422.33,
subsection
11B
,
as
enacted
in
this
Act
and
amended
35
-26-
LSB
1311HV
(3)
89
da/ns
26/
43
H.F.
859
in
subsequent
Acts,
for
the
remaining
period
beginning
on
the
1
first
day
of
the
retail
dealer’s
new
tax
year
until
December
2
31,
2024
2027
.
For
that
remaining
period,
the
tax
credit
shall
3
be
calculated
in
the
same
manner
as
a
retail
dealer
whose
tax
4
year
began
on
the
previous
January
1
and
who
is
calculating
the
5
tax
credit
on
December
31,
2024
2027
.
6
Sec.
52.
2011
Iowa
Acts,
chapter
113,
section
31,
as
amended
7
by
2016
Iowa
Acts,
chapter
1106,
section
10,
is
amended
to
read
8
as
follows:
9
SEC.
31.
TAX
CREDIT
AVAILABILITY.
For
a
retail
dealer
10
who
may
claim
a
biodiesel
blended
fuel
promotion
tax
credit
11
under
section
422.11P
or
422.33,
subsection
11C
,
as
amended
12
in
this
Act
and
amended
in
subsequent
Acts,
in
calendar
year
13
2024
2027
,
and
whose
tax
year
ends
prior
to
December
31,
2024
14
2027
,
the
retail
dealer
may
continue
to
claim
the
tax
credit
in
15
the
retail
dealer’s
following
tax
year.
In
that
case,
the
tax
16
credit
shall
be
calculated
in
the
same
manner
as
provided
in
17
section
422.11P
or
422.33,
subsection
11C
,
as
amended
in
this
18
Act
and
amended
in
subsequent
Acts,
for
the
remaining
period
19
beginning
on
the
first
day
of
the
retail
dealer’s
new
tax
year
20
until
December
31,
2024
2027
.
For
that
remaining
period,
the
21
tax
credit
shall
be
calculated
in
the
same
manner
as
a
retail
22
dealer
whose
tax
year
began
on
the
previous
January
1
and
who
23
is
calculating
the
tax
credit
on
December
31,
2024
2027
.
24
Sec.
53.
2011
Iowa
Acts,
chapter
113,
section
37,
as
amended
25
by
2016
Iowa
Acts,
chapter
1106,
section
3,
is
amended
to
read
26
as
follows:
27
SEC.
37.
TAX
CREDIT
AVAILABILITY.
For
a
retail
dealer
who
28
may
claim
an
E-15
plus
gasoline
promotion
tax
credit
under
29
section
422.11Y
or
422.33,
subsection
11D
,
as
enacted
in
this
30
Act
and
amended
in
subsequent
Acts,
in
calendar
year
2024
31
2027
,
and
whose
tax
year
ends
prior
to
December
31,
2024
2027
,
32
the
retail
dealer
may
continue
to
claim
the
tax
credit
in
the
33
retail
dealer’s
following
tax
year.
In
that
case,
the
tax
34
credit
shall
be
calculated
in
the
same
manner
as
provided
in
35
-27-
LSB
1311HV
(3)
89
da/ns
27/
43
H.F.
859
section
422.11Y
or
422.33,
subsection
11D
,
as
enacted
in
this
1
Act
and
amended
in
subsequent
Acts,
for
the
remaining
period
2
beginning
on
the
first
day
of
the
retail
dealer’s
new
tax
year
3
until
December
31,
2024
2027
.
For
that
remaining
period,
the
4
tax
credit
shall
be
calculated
in
the
same
manner
as
a
retail
5
dealer
whose
tax
year
began
on
the
previous
January
1
and
who
6
is
calculating
the
tax
credit
on
December
31,
2024
2027
.
7
PART
B
8
MOTOR
FUEL
TAX
9
Sec.
54.
NEW
SECTION
.
452A.2A
Classification
of
types
of
10
motor
fuel
——
gasoline
and
diesel
fuel.
11
For
purposes
of
this
subchapter,
all
of
the
following
apply
12
to
types
of
motor
fuel:
13
1.
Gasoline,
ethanol,
and
ethanol
blended
gasoline
shall
be
14
classified
in
the
same
manner
as
provided
in
section
214A.2.
15
2.
Diesel
fuel,
biodiesel
fuel,
and
biodiesel
blended
fuel
16
shall
be
classified
in
the
same
manner
as
provided
in
section
17
214A.2.
18
Sec.
55.
Section
452A.8,
subsection
2,
paragraph
a,
Code
19
2021,
is
amended
by
adding
the
following
new
subparagraph:
20
NEW
SUBPARAGRAPH
.
(3)
The
gallonage
of
gasoline
or
diesel
21
fuel
withdrawn
from
a
terminal
by
a
licensee
to
be
blended
22
with
a
biofuel
after
it
is
withdrawn
from
the
terminal
to
the
23
extent
the
tax
rate
on
the
gasoline
or
diesel
fuel
exceeds
the
24
tax
rate
which
would
be
due
on
the
ethanol
blended
gasoline
or
25
biodiesel
blended
fuel.
26
Sec.
56.
Section
452A.12,
subsection
2,
Code
2021,
is
27
amended
to
read
as
follows:
28
2.
A
person
while
transporting
motor
fuel
or
undyed
special
29
fuel
from
a
refinery
or
marine
or
pipeline
terminal
in
this
30
state
or
from
a
point
outside
this
state
over
the
highways
31
of
this
state
in
service
other
than
that
under
subsection
32
1
shall
carry
in
the
vehicle
a
loading
invoice
showing
the
33
name
and
address
of
the
seller
or
consignor,
the
date
and
34
place
of
loading,
and
the
kind
and
quantity
of
motor
fuel
or
35
-28-
LSB
1311HV
(3)
89
da/ns
28/
43
H.F.
859
special
fuel
loaded,
together
with
invoices
showing
the
kind
1
and
quantity
of
each
delivery
and
the
name
and
address
of
each
2
purchaser
or
consignee.
An
invoice
carried
pursuant
to
this
3
subsection
for
ethanol
blended
gasoline
or
biodiesel
blended
4
fuel
shall
state
its
designation
classification
as
provided
in
5
section
214A.2
.
6
Sec.
57.
Section
452A.31,
subsection
2,
paragraph
a,
7
subparagraph
(1),
unnumbered
paragraph
1,
Code
2021,
is
amended
8
to
read
as
follows:
9
The
total
ethanol
blended
gasoline
gallonage
which
is
10
the
retail
dealer’s
total
number
of
gallons
of
ethanol
11
blended
gasoline
and
which
includes
all
of
the
following
12
subclassifications
classifications
:
13
Sec.
58.
Section
452A.31,
subsection
2,
paragraph
a,
14
subparagraph
(1),
subparagraph
division
(c),
Code
2021,
is
15
amended
to
read
as
follows:
16
(c)
The
total
E-15
gasoline
gallonage
which
is
the
total
17
number
of
gallons
of
ethanol
blended
gasoline
classified
as
18
E-15
or
higher
,
up
to
but
not
including
E-85
gasoline.
19
Sec.
59.
Section
452A.31,
subsection
2,
paragraph
a,
20
subparagraph
(2),
Code
2021,
is
amended
to
read
as
follows:
21
(2)
The
total
nonblended
gasoline
gallonage
which
is
22
the
total
number
of
gallons
of
nonblended
ethanol
gasoline
23
classified
as
E-0
.
24
Sec.
60.
Section
452A.31,
subsection
3,
paragraph
a,
25
subparagraphs
(2)
and
(3),
Code
2021,
are
amended
to
read
as
26
follows:
27
(2)
The
total
B-11
gallonage
which
is
the
total
number
of
28
gallons
of
biodiesel
blended
fuel
classified
as
B-11
or
higher
29
up
to
but
not
including
B-20
.
30
(3)
The
total
nonblended
diesel
fuel
gallonage
which
is
the
31
total
number
of
gallons
of
diesel
fuel
which
is
not
biodiesel
32
or
biodiesel
blended
fuel
classified
as
B-0
.
33
Sec.
61.
Section
452A.31,
subsection
3,
paragraph
a,
Code
34
2021,
is
amended
by
adding
the
following
new
subparagraphs:
35
-29-
LSB
1311HV
(3)
89
da/ns
29/
43
H.F.
859
NEW
SUBPARAGRAPH
.
(03)
The
total
B-20
gallonage
which
1
is
the
total
number
of
gallons
of
biodiesel
blended
fuel
2
classified
as
B-20
or
higher
up
to
but
not
including
B-30.
3
NEW
SUBPARAGRAPH
.
(003)
The
total
B-30
gallonage
which
4
is
the
total
number
of
gallons
of
biodiesel
blended
fuel
5
classified
as
B-30
or
higher.
6
Sec.
62.
Section
452A.31,
subsection
4,
paragraph
a,
7
subparagraph
(1),
unnumbered
paragraph
1,
Code
2021,
is
amended
8
to
read
as
follows:
9
The
aggregate
ethanol
blended
gasoline
gallonage
10
which
is
the
aggregate
total
number
of
gallons
of
ethanol
11
blended
gasoline
and
which
includes
all
of
the
following
12
subclassifications
classifications
:
13
Sec.
63.
Section
452A.31,
subsection
4,
paragraph
a,
14
subparagraph
(1),
subparagraph
division
(c),
Code
2021,
is
15
amended
to
read
as
follows:
16
(c)
The
aggregate
E-15
gasoline
gallonage
which
is
the
17
aggregate
total
number
of
gallons
of
ethanol
blended
gasoline
18
classified
as
E-15
or
higher
,
up
to
but
not
including
E-85
19
gasoline.
20
Sec.
64.
Section
452A.31,
subsection
4,
paragraph
a,
21
subparagraph
(2),
Code
2021,
is
amended
to
read
as
follows:
22
(2)
The
aggregate
nonblended
gasoline
gallonage,
which
is
23
the
aggregate
number
of
gallons
of
nonblended
ethanol
gasoline
24
classified
as
E-0
.
25
Sec.
65.
Section
452A.31,
subsection
5,
paragraph
a,
26
subparagraphs
(2)
and
(3),
Code
2021,
are
amended
to
read
as
27
follows:
28
(2)
The
aggregate
B-11
gallonage
which
is
the
aggregate
29
total
number
of
gallons
of
biodiesel
blended
fuel
classified
as
30
B-11
or
higher
up
to
but
not
including
B-20
.
31
(3)
The
aggregate
nonblended
diesel
fuel
gallonage
which
32
is
the
aggregate
number
of
gallons
of
diesel
fuel
which
is
not
33
biodiesel
or
biodiesel
blended
fuel
classified
as
B-0
.
34
Sec.
66.
Section
452A.31,
subsection
5,
paragraph
a,
Code
35
-30-
LSB
1311HV
(3)
89
da/ns
30/
43
H.F.
859
2021,
is
amended
by
adding
the
following
new
subparagraphs:
1
NEW
SUBPARAGRAPH
.
(03)
The
aggregate
B-20
gallonage
which
2
is
the
aggregate
total
number
of
gallons
of
biodiesel
blended
3
fuel
classified
as
B-20
or
higher
up
to
but
not
including
B-30.
4
NEW
SUBPARAGRAPH
.
(003)
The
aggregate
B-30
gallonage
which
5
is
the
aggregate
total
number
of
gallons
of
biodiesel
blended
6
fuel
classified
as
B-30
or
higher.
7
Sec.
67.
Section
452A.33,
subsection
1,
paragraph
a,
Code
8
2021,
is
amended
to
read
as
follows:
9
a.
Each
retail
dealer
shall
file
a
report
with
the
10
department
stating
its
total
motor
fuel
gallonage
for
and
its
11
total
gallonage
for
each
type
of
motor
fuel,
including
gasoline
12
and
diesel
fuel,
during
a
determination
period
as
follows:
13
(1)
Its
total
gasoline
gallonage
and
its
total
14
ethanol
gallonage,
including
for
each
classification
and
15
subclassification
as
provided
in
section
452A.31
.
16
(2)
Its
total
diesel
fuel
gallonage
and
its
total
17
biodiesel
gallonage,
including
for
each
classification
and
18
subclassification
as
provided
in
section
452A.31
.
19
Sec.
68.
Section
452A.33,
subsection
1,
paragraph
b,
20
subparagraphs
(1)
and
(2),
Code
2021,
are
amended
to
read
as
21
follows:
22
(1)
The
information
submitted
on
a
company-wide
basis
shall
23
include
the
total
motor
fuel
gallonage,
including
for
each
type
24
and
classification
and
subclassification,
sold
and
dispensed
25
by
the
retail
dealer
as
provided
in
paragraph
“a”
for
all
26
retail
motor
fuel
sites
from
which
the
retail
dealer
sells
and
27
dispenses
motor
fuel.
28
(2)
The
information
submitted
on
a
site-by-site
basis
shall
29
include
the
total
motor
fuel
gallonage,
including
for
each
type
30
and
classification
and
subclassification,
sold
and
dispensed
by
31
the
retail
dealer
as
provided
in
paragraph
“a”
separately
for
32
each
retail
motor
fuel
site
from
which
the
retail
dealer
sells
33
and
dispenses
motor
fuel.
34
Sec.
69.
Section
452A.33,
subsection
1,
paragraph
c,
Code
35
-31-
LSB
1311HV
(3)
89
da/ns
31/
43
H.F.
859
2021,
is
amended
to
read
as
follows:
1
c.
The
retail
dealer
shall
prepare
and
submit
file
the
2
report
with
the
department
in
a
manner
and
according
to
3
procedures
required
by
the
department
in
compliance
with
4
section
452A.61
.
However,
the
department
may
require
that
the
5
retail
dealer
file
the
report
with
the
department
by
electronic
6
transmission.
The
department
may
require
that
a
retail
7
dealers
report
to
dealer
file
the
report
with
the
department
8
on
an
annual,
quarterly,
or
monthly
basis.
The
department,
9
upon
application
by
a
retail
dealer,
may
grant
a
reasonable
10
extension
of
time
to
file
the
report.
A
retail
dealer
who
11
fails
to
file
the
report
as
required
in
this
section
or
who
12
fails
to
maintain
records
required
to
file
the
report
shall
be
13
subject
to
a
civil
penalty
of
not
more
than
one
hundred
dollars
14
per
occurrence
which
shall
be
deposited
in
the
general
fund
of
15
the
state.
16
PART
C
17
EFFECTIVE
DATE
18
Sec.
70.
EFFECTIVE
DATE.
This
division
of
this
Act
takes
19
effect
January
1,
2022.
20
DIVISION
IV
21
RENEWABLE
FUEL
USE
BY
STATE
MOTOR
VEHICLES
22
Sec.
71.
Section
8A.362,
subsection
3,
paragraph
b,
Code
23
2021,
is
amended
by
striking
the
paragraph
and
inserting
in
24
lieu
thereof
the
following:
25
b.
The
director
shall
provide
for
the
purchase
and
operation
26
of
motor
vehicle
fuel
and
motor
vehicles
in
the
manner
provided
27
in
section
8A.362A.
28
Sec.
72.
NEW
SECTION
.
8A.362A
Definitions
and
29
classifications.
30
1.
As
used
in
section
8A.362B
and
8A.362C,
unless
the
31
context
otherwise
requires:
32
a.
“Biodiesel
blended
fuel”
means
the
same
as
defined
in
33
section
214A.1.
34
b.
“Biofuel”
means
the
same
as
defined
in
section
214A.1.
35
-32-
LSB
1311HV
(3)
89
da/ns
32/
43
H.F.
859
c.
“Determination
period”
means
any
twelve-month
period
1
beginning
January
1
and
ending
December
31.
2
d.
“Ethanol
blended
gasoline”
means
the
same
as
defined
in
3
section
214A.1.
4
e.
“Renewable
fuel”
means
ethanol
blended
gasoline
or
5
biodiesel
blended
fuel
that
meets
the
standards
for
that
type
6
of
motor
fuel
as
provided
in
section
214A.2.
7
2.
For
purposes
of
sections
8A.362B
and
8A.362C,
a
renewable
8
fuel
shall
be
classified
in
the
same
manner
as
provided
in
9
section
214A.2.
10
Sec.
73.
NEW
SECTION
.
8A.362B
Motor
vehicle
purchases
——
11
renewable
fuels.
12
1.
A
gasoline-powered
motor
vehicle,
or
a
diesel-powered
13
motor
vehicle,
operating
under
section
8A.362,
shall
be
powered
14
using
the
highest
possible
classification
of
renewable
fuel
if
15
all
of
the
following
apply:
16
a.
The
manufacturer
of
the
motor
vehicle
or
the
United
17
States
environmental
protection
agency
expressly
states
that
18
the
classification
of
renewable
fuel
is
compatible
with
the
19
motor
vehicle’s
normal
operation.
20
b.
That
classification
of
renewable
fuel
is
commercially
21
available
in
the
region
where
the
motor
vehicle
is
being
22
operated.
23
c.
No
emergency
situation
exists
that
requires
the
immediate
24
use
of
a
motor
fuel
regardless
of
whether
it
has
been
blended
25
with
a
biofuel.
26
2.
If
the
highest
possible
classification
of
renewable
27
fuel
is
able
to
be
used
to
power
a
motor
vehicle
as
provided
28
in
subsection
1,
a
state-issued
credit
card
shall
not
be
29
used
to
purchase
motor
fuel
other
than
the
highest
possible
30
classification
of
motor
fuel.
31
3.
A
motor
vehicle
subject
to
this
section
shall
be
32
affixed
with
a
brightly
colored,
highly
visible
sticker
which
33
notifies
the
traveling
public
that
the
motor
vehicle
is
powered
34
using
the
highest
possible
classification
of
renewable
fuel.
35
-33-
LSB
1311HV
(3)
89
da/ns
33/
43
H.F.
859
However,
the
sticker
is
not
required
to
be
affixed
to
an
1
unmarked
vehicle
used
for
purposes
of
providing
law
enforcement
2
or
security.
3
4.
As
part
of
the
department’s
competitive
bidding
4
procedure
for
the
purchase
of
a
diesel-powered
motor
vehicle,
5
the
director
shall
require
that
a
bidder
certify
that
the
6
motor
vehicle’s
manufacturer
expressly
states
that
the
motor
7
vehicle
is
capable
of
being
powered
using
biodiesel
blended
8
fuel
classified
as
B-20
or
higher.
9
Sec.
74.
NEW
SECTION
.
8A.362C
Motor
vehicle
purchases
——
10
renewable
fuels
——
reports.
11
1.
The
department
shall
compile
information
regarding
12
the
department’s
compliance
with
section
8A.362B
during
the
13
previous
determination
period.
The
information
shall
include
14
all
of
the
following:
15
a.
Of
the
motor
vehicles
used
to
routinely
travel
on
the
16
state’s
highways
that
are
powered
using
gasoline,
all
of
the
17
following:
18
(1)
The
total
number
of
such
motor
vehicles
according
to
19
model
year.
20
(2)
The
total
number
of
such
motor
vehicles
according
to
21
model
year
that
are
capable
of
being
powered
using
ethanol
22
blended
gasoline
classified
as
E-15
and
E-85
according
to
the
23
express
warranty
of
the
motor
vehicle’s
manufacturer.
24
(3)
The
total
number
of
gallons
of
ethanol
blended
gasoline
25
classified
as
E-15,
and
the
total
number
of
gallons
of
ethanol
26
blended
gasoline
classified
as
E-85,
purchased
during
the
27
preceding
determination
period,
to
the
extent
such
information
28
may
be
practically
obtained.
29
b.
Of
the
motor
vehicles
used
to
routinely
travel
on
the
30
state’s
highways
that
are
powered
using
diesel
fuel,
all
of
the
31
following:
32
(1)
The
total
number
of
such
motor
vehicles
according
to
33
model
year.
34
(2)
The
total
number
of
such
motor
vehicles
according
to
35
-34-
LSB
1311HV
(3)
89
da/ns
34/
43
H.F.
859
model
year
that
are
capable
of
being
powered
using
biodiesel
1
blended
fuel
classified
as
B-20
according
to
the
express
2
warranty
of
the
motor
vehicle’s
manufacturer.
3
(3)
The
total
number
of
gallons
of
biodiesel
blended
fuel
4
classified
as
B-20
purchased
during
the
preceding
determination
5
period,
to
the
extent
such
information
may
be
practically
6
obtained.
7
2.
The
department
of
administrative
services
shall
8
prepare
a
state
fleet
renewable
fuels
compliance
report
which
9
shall
consolidate
information
compiled
by
the
department
10
under
subsection
1
together
with
information
compiled
by
11
the
commission
for
the
blind
pursuant
to
section
216B.3,
12
institutions
governed
by
the
state
board
of
regents
pursuant
to
13
section
262.25A,
the
department
of
transportation
pursuant
to
14
section
307.21,
and
the
department
of
corrections
pursuant
to
15
section
904.312A.
The
department
of
administrative
services
16
shall
submit
the
state
fleet
renewable
fuels
compliance
report
17
to
the
governor
and
general
assembly
not
later
than
March
1
of
18
each
year.
19
Sec.
75.
Section
216B.3,
subsection
16,
paragraph
a,
Code
20
2021,
is
amended
by
striking
the
paragraph
and
inserting
in
21
lieu
thereof
the
following:
22
a.
Provide
for
the
purchase
and
operation
of
motor
vehicles
23
powered
by
renewable
fuel
in
the
same
manner
required
for
the
24
director
of
the
department
of
administrative
services
pursuant
25
to
section
8A.362B.
The
commission
shall
compile
information
26
regarding
compliance
with
the
provisions
of
this
paragraph
in
27
the
same
manner
as
the
department
of
administrative
services
28
pursuant
to
section
8A.362C.
The
commission
shall
cooperate
29
with
the
department
of
administrative
services
in
preparing
the
30
annual
state
fleet
renewable
fuels
compliance
report
regarding
31
compliance
with
this
paragraph
as
provided
in
section
8A.362C.
32
Sec.
76.
Section
262.25A,
subsection
2,
Code
2021,
is
33
amended
by
striking
the
subsection
and
inserting
in
lieu
34
thereof
the
following:
35
-35-
LSB
1311HV
(3)
89
da/ns
35/
43
H.F.
859
2.
An
institution
shall
provide
for
the
purchase
and
1
operation
of
motor
vehicles
powered
by
renewable
fuel
in
2
the
same
manner
required
for
the
director
of
the
department
3
of
administrative
services
pursuant
to
section
8A.362B.
An
4
institution
shall
compile
information
regarding
compliance
5
with
the
provisions
of
this
subsection
in
the
same
manner
as
6
the
department
of
administrative
services
pursuant
to
section
7
8A.362C.
The
state
board
of
regents
shall
cooperate
with
8
the
department
of
administrative
services
in
preparing
the
9
annual
state
fleet
renewable
fuels
compliance
report
regarding
10
compliance
with
this
subsection
as
provided
in
section
8A.362C.
11
Sec.
77.
Section
307.21,
subsection
4,
Code
2021,
is
amended
12
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
13
following:
14
4.
The
administrator
shall
provide
for
the
purchase
and
15
operation
of
motor
vehicles
powered
by
renewable
fuel
in
16
the
same
manner
required
for
the
director
of
the
department
17
of
administrative
services
pursuant
to
section
8A.362B.
18
The
department
of
transportation
shall
compile
information
19
regarding
compliance
with
the
provisions
of
this
subsection
in
20
the
same
manner
as
the
department
of
administrative
services
21
pursuant
to
section
8A.362C.
The
department
of
transportation
22
shall
cooperate
with
the
department
of
administrative
services
23
in
preparing
the
annual
state
fleet
renewable
fuels
compliance
24
report
regarding
compliance
with
this
subsection
as
provided
25
in
section
8A.362C.
26
Sec.
78.
Section
904.312A,
subsection
1,
Code
2021,
is
27
amended
by
striking
the
subsection
and
inserting
in
lieu
28
thereof
the
following:
29
1.
The
department
of
corrections
shall
provide
for
the
30
purchase
and
operation
of
motor
vehicles
powered
by
renewable
31
fuel
in
the
same
manner
required
for
the
director
of
the
32
department
of
administrative
services
pursuant
to
section
33
8A.362B.
The
department
of
corrections
shall
compile
34
information
regarding
compliance
with
the
provisions
of
35
-36-
LSB
1311HV
(3)
89
da/ns
36/
43
H.F.
859
this
subsection
in
the
same
manner
as
the
department
of
1
administrative
services
pursuant
to
section
8A.362C.
The
2
department
of
corrections
shall
cooperate
with
the
department
3
of
administrative
services
in
preparing
the
annual
state
fleet
4
renewable
fuels
compliance
report
regarding
compliance
with
5
this
subsection
as
provided
in
section
8A.362C.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
GENERAL.
This
bill
provides
for
motor
fuel
and
specifically
10
renewable
fuel
used
to
power
motor
vehicles,
including
by
11
providing
for
standards
and
restrictions,
infrastructure,
tax
12
credits,
and
requirements
for
state
agencies.
13
MOTOR
FUEL
STANDARDS
AND
CLASSIFICATIONS.
The
bill
14
provides
for
the
regulation
of
motor
fuel
advertised
for
15
sale
or
sold
to
the
public
by
a
retail
dealer
at
a
retail
16
motor
fuel
site
(retail
site).
Motor
fuel
regulations
are
17
administered
and
enforced
by
the
department
of
agriculture
18
and
land
stewardship
(DALS)
(Code
chapter
214A).
The
bill
19
provides
for
two
types
of
motor
fuel,
including
gasoline
and
20
clear
(undyed)
diesel
fuel
and
their
respective
components.
21
This
includes
a
renewable
fuel
which
contains
a
biofuel.
For
22
gasoline,
the
biofuel
is
alcohol
(ethanol)
and
for
diesel
fuel,
23
the
biofuel
is
a
form
of
plant
oil
or
animal
fat
(biofuel)
24
(amended
Code
section
214A.1).
The
amount
of
a
biofuel
25
contained
as
part
of
either
type
of
motor
fuel
is
classified
26
by
percentage.
Ethanol
blended
gasoline
is
classified
as
27
either
E-xx
(e.g.,
E-10
equaling
between
9
and
10
percent
28
ethanol
by
volume
or
E-85
equaling
between
70
and
85
percent
29
ethanol)
and
biodiesel
blended
diesel
fuel
is
classified
as
30
B-xx
(e.g.,
B-5
equaling
five
percent
biodiesel
by
volume)
31
(see
amended
Code
section
214A.2).
The
bill
distinguishes
32
between
standard
use
gasoline
and
special
use
gasoline
as
well
33
as
standard
use
diesel
fuel
and
special
use
diesel
fuel
based
34
on
a
designated
classification
or
range
of
classifications.
A
35
-37-
LSB
1311HV
(3)
89
da/ns
37/
43
H.F.
859
motor
fuel
designated
as
special
use
does
not
meet
a
minimum
1
classification
while
a
motor
fuel
designated
as
standard
use
2
does
meet
that
classification.
3
PROHIBITIONS.
A
retail
dealer
is
prohibited
from
4
advertising
for
sale
or
selling
special
use
gasoline
which
is
5
nonblended
gasoline
classified
as
E-0
unless
it
is
premium
6
grade
gasoline
with
an
octane
grade
of
91
or
higher
(amended
7
Code
section
214A.2
and
new
Code
section
214A.31).
Beginning
8
January
1,
2028,
a
retail
dealer
is
prohibited
from
advertising
9
for
sale
special
use
gasoline
classified
as
E-10
or
higher
up
10
to
but
not
including
E-15
except
if
used
to
power
certain
types
11
of
engines
(new
Code
section
214A.32).
On
and
after
January
12
1,
2028,
a
retail
dealer
is
prohibited
from
advertising
for
13
sale
or
selling
gasoline
from
more
than
two
dispensing
units
14
at
a
retail
site,
unless
the
retail
dealer
advertises
for
sale
15
standard
use
gasoline
classified
as
E-15
or
higher
from
at
16
least
one
of
those
dispensing
units
(new
Code
section
214A.33).
17
A
retail
dealer
is
prohibited
from
advertising
for
sale
clear
18
diesel
fuel
during
the
period
beginning
April
1
and
ending
19
October
31
of
each
year,
unless
it
is
classified
as
B-11
or
20
higher,
which
is
also
subject
to
certain
exceptions
(e.g.,
an
21
engine
used
to
power
an
off-road
vehicle)
(new
Code
section
22
214A.34).
23
The
bill
prohibits
the
false
advertising
of
a
motor
fuel,
24
including
by
designating
a
false
classification
(amended
Code
25
section
214A.3).
It
requires
the
labeling
of
motor
fuel
pumps
26
(dispensing
units)
which
must
state
whether
the
motor
fuel
27
being
dispensed
is
a
special
use
gasoline
or
special
use
diesel
28
fuel
and
indicate
what
types
of
engines
may
be
powered
using
29
that
type
and
classification
of
motor
fuel.
It
eliminates
a
30
provision
that
requires
that
a
decal
be
placed
on
a
dispensing
31
unit
notifying
the
traveling
public
that
gasoline
is
blended
32
with
ethanol
(repealed
Code
section
214A.16
and
new
Code
33
sections
214A.35
and
214A.36).
34
ORDER
FOR
A
WAIVER,
SUSPENSION,
OR
EXTENSION.
The
bill
35
-38-
LSB
1311HV
(3)
89
da/ns
38/
43
H.F.
859
authorizes
the
governor
or
secretary
of
agriculture
to
issue
1
an
order
temporarily
waiving
a
requirement
that
a
retail
2
dealer
comply
with
the
special
use
requirements
if
there
is
3
credible
evidence
that
the
retail
dealer
has
not
been
able
to
4
reasonably
obtain
the
required
classification
of
renewable
fuel
5
(new
Code
section
214A.41).
The
governor
may
issue
an
order
6
suspending
compliance
for
all
retail
dealers
in
the
state
or
7
a
geographic
segment
of
the
state
if
the
governor
determines
8
there
is
inadequate
infrastructure
to
store
or
dispense
9
standard
use
gasoline
or
standard
use
diesel
fuel
or
it
is
not
10
commercially
feasible
for
the
retail
dealers
to
obtain
the
11
required
classification
(new
Code
section
214A.42).
Beginning
12
January
1,
2028,
the
department
of
natural
resources
(DNR)
may
13
issue
an
order
extending
the
period
that
a
small
retail
dealer
14
operating
fewer
than
10
retail
sites
must
comply
with
the
E-15
15
standard
use
gasoline
requirement
based
on
the
incompatibility
16
of
the
infrastructure
(new
Code
section
214A.43).
17
APPLICABLE
PENALTIES
AND
DISCIPLINARY
ACTION.
A
person
18
who
violates
a
provision
of
Code
chapter
214A
is
guilty
of
19
a
serious
misdemeanor
(Code
section
214A.11).
A
serious
20
misdemeanor
is
punishable
by
confinement
for
no
more
than
one
21
year
and
a
fine
of
at
least
$430
but
not
more
than
$2,560.
22
Alternatively,
the
state
may
initiate
a
civil
proceeding
23
against
the
person
for
at
least
$100
but
not
more
than
$1,000
24
for
each
violation.
The
bill
also
provides
that
a
retail
25
dealer’s
license
issued
under
Code
chapter
214
regulating
26
weights
and
measures
may
be
suspended
or
revoked
(new
Code
27
section
214.2A
and
amended
Code
section
214A.11).
28
RENEWABLE
FUEL
INFRASTRUCTURE
——
FINANCING
PROGRAM.
The
29
bill
provides
for
the
storage,
blending,
and
dispensing
of
30
types
of
motor
fuel
containing
a
biofuel.
This
includes
two
31
programs
administered
by
DALS
providing
state
financing
in
32
the
form
of
an
award
of
cost-share
moneys
under
an
agreement
33
executed
by
DALS
and
a
participating
person
who
is
either
a
34
retail
dealer
(amended
Code
section
159A.14)
or
a
biodiesel
35
-39-
LSB
1311HV
(3)
89
da/ns
39/
43
H.F.
859
terminal
facility
(Code
section
159A.15).
For
a
retail
1
dealer,
the
program
supports
the
installation,
replacement,
or
2
conversion
of
renewable
fuel
compatible
infrastructure
at
a
3
retail
site
(amended
Code
section
159A.14).
The
moneys
must
4
be
used
to
support
improvements
used
to
store
biofuel,
store
5
and
dispense
a
renewable
fuel,
or
store,
blend,
and
dispense
6
a
renewable
fuel.
The
bill
provides
the
infrastructure
must
7
be
capable
of
storing
and
dispensing
E-85
or
higher
or
B-20
8
or
higher
and
the
infrastructure
must
be
used
to
store
and
9
dispense
E-15
or
to
store
and
dispense
B-20
from
April
1
to
10
October
31
and
B-5
from
November
1
to
March
31.
A
preference
is
11
provided
to
improve
existing
retail
sites
and
to
small
retail
12
dealers.
The
financial
incentives
for
biodiesel
improvements
13
must
be
awarded
pursuant
to
a
three-year
cost-share
agreement
14
not
to
exceed
50
percent
of
the
cost
of
the
improvement
or
15
$30,000,
whichever
is
less.
The
bill
provides
for
how
moneys
16
in
the
renewable
fuel
infrastructure
fund
are
allocated
to
17
support
either
the
program
for
retail
dealers
or
biodiesel
18
terminal
facilities
(amended
Code
section
159A.15).
The
19
provisions
awarding
financial
assistance
to
retail
dealers
to
20
support
biodiesel
infrastructure
at
retail
sites
are
eliminated
21
on
July
1,
2024.
22
ETHANOL
INFRASTRUCTURE
——
REQUIREMENTS.
The
bill
23
establishes
requirements
for
the
installation,
replacement,
or
24
conversion
of
gasoline
storage
and
dispensing
infrastructure
25
at
retail
sites.
Such
infrastructure
must
be
compatible
with
26
E-85
in
compliance
with
standards
required
by
an
independent
27
testing
laboratory
or
the
manufacturer,
and
either
the
DNR
or
28
the
state
fire
marshal
(repealed
Code
section
455G.31
and
new
29
Code
sections
455G.32
and
455G.33).
30
INCOME
TAX
CREDITS.
The
bill
extends
the
expiration
date
31
of
three
renewable
fuel
tax
programs
from
January
1,
2025,
to
32
January
1,
2028,
including:
(1)
the
E-85
gasoline
promotion
33
tax
credit
(amended
Code
sections
422.11O
and
422.33(11B)),
(2)
34
the
biodiesel
blended
fuel
tax
credit
(Code
sections
422.11P
35
-40-
LSB
1311HV
(3)
89
da/ns
40/
43
H.F.
859
and
422.33(11C)),
and
(3)
the
E-15
plus
gasoline
promotion
tax
1
credit
(amended
Code
sections
422.11Y
and
422.33(11D)).
The
2
provisions
are
administered
and
enforced
by
the
department
of
3
revenue
(DOR).
In
each
case,
the
tax
credit
is
calculated
by
4
taking
the
number
of
gallons
of
renewable
fuel
sold
multiplied
5
by
a
designated
rate
(rate).
The
rate
may
differ
depending
6
upon
the
time
of
year
or
its
classification.
Under
the
bill,
7
for
biodiesel
blended
fuel
classified
as
B-11
or
higher
up
to
8
but
not
including
B-20
during
the
period
beginning
January
1
9
and
ending
March
31
and
during
the
period
beginning
November
10
1
and
ending
December
31,
the
rate
is
4
cents.
During
the
11
period
beginning
January
1
and
ending
December
31,
for
12
biodiesel
blended
fuel
classified
as
B-20
or
higher
up
to
but
13
not
including
B-30,
the
rate
is
6
cents.
During
the
period
14
beginning
January
1
and
ending
December
31,
for
biodiesel
15
blended
fuel
classified
as
B-30
or
higher,
the
rate
is
10
16
cents.
For
ethanol
blended
gasoline
classified
as
E-15
or
17
higher
up
to
but
not
including
E-85,
the
rate
is
4
cents.
18
MOTOR
FUEL
TAXES.
The
bill
amends
provisions
determining
19
the
tax
liability
of
a
supplier
or
importer
of
motor
fuel
20
(amended
Code
section
452A.8).
The
bill
provides
a
deduction
21
to
the
extent
the
tax
rate
on
gallonage
withdrawn
for
purposes
22
of
blending
with
biofuel
exceeds
the
rate
which
would
be
due
on
23
the
ethanol
blended
gasoline
or
biodiesel
blended
fuel.
24
REPORTING
REQUIREMENTS.
The
bill
amends
provisions
25
requiring
retail
dealers
to
report
to
DOR
the
total
number
26
of
gallons
of
motor
fuel
sold
and
dispensed
at
sites
during
27
each
year,
including
the
types
and
classifications
of
motor
28
fuel
(amended
Code
sections
452A.31
and
452A.32).
Based
on
29
information
in
those
reports,
DOR
prepares
a
report
compiling
30
that
information
on
an
aggregate
basis.
The
bill
makes
changes
31
in
terminology
and
requires
that
the
information
include
the
32
total
and
aggregate
number
of
gallons
of
biodiesel
blended
33
fuel
classified
as
B-20
or
higher
up
to
but
not
including
B-30
34
and
biodiesel
blended
fuel
classified
as
B-30
or
higher.
The
35
-41-
LSB
1311HV
(3)
89
da/ns
41/
43
H.F.
859
bill
provides
procedures
for
filing
a
retail
dealer
report
and
1
subjects
a
retail
dealer
who
fails
to
file
a
report
to
a
civil
2
penalty
of
not
more
than
$100.
3
USE
OF
RENEWABLE
FUEL
BY
THE
STATE
MOTOR
VEHICLE
FLEET.
4
Current
law
requires
state
and
local
governments
to
power
5
motor
vehicles
using
any
classification
of
renewable
fuel
6
(E-10
or
B-1).
A
state-issued
credit
card
cannot
be
used
7
to
purchase
motor
fuel
other
than
renewable
fuel
unless
it
8
is
not
commercially
available
or
there
is
an
emergency.
The
9
motor
vehicle
being
powered
by
motor
fuel
must
be
affixed
with
10
a
sticker
that
notifies
the
traveling
public
that
the
motor
11
vehicle
is
powered
using
renewable
fuel.
The
bill
provides
12
that
a
motor
vehicle
which
is
part
of
the
state
government
13
fleet
must
be
powered
using
the
highest
classification
of
14
renewable
fuel
available
so
long
as
(1)
it
is
warranted
by
15
the
motor
vehicle’s
manufacturer,
(2)
that
classification
is
16
available,
and
(3)
an
emergency
situation
does
not
exist.
17
The
bill
also
requires
a
state
entity
to
revise
its
bidding
18
procedures
as
necessary
to
account
for
the
purchase
of
motor
19
vehicles
powered
by
biodiesel
blended
fuel
classified
as
20
B-20
or
higher.
The
state
entities
involved
include
the
21
department
of
administrative
services
(new
Code
sections
22
8A.362A,
8A.362B,
and
8A.362C),
the
commission
for
the
blind
23
(amended
Code
section
216B.3),
institutions
governed
by
the
24
board
of
regents
(amended
Code
section
262.25A),
the
department
25
of
transportation
(amended
Code
section
307.21),
and
the
26
department
of
corrections
(amended
Code
section
904.312A).
27
The
bill
requires
the
department
of
administrative
services,
28
in
cooperation
with
the
other
entities
operating
motor
29
vehicles,
to
prepare
an
annual
report
to
be
submitted
to
the
30
governor
and
general
assembly
providing
information
regarding
31
the
number
of
state
motor
vehicles
powered
using
motor
fuel,
32
including
gasoline
and
diesel
fuel,
the
number
of
those
motor
33
vehicles
capable
of
being
powered
using
E-15
and
E-85
or
B-20,
34
and
the
number
of
gallons
of
renewable
fuel
purchased.
35
-42-
LSB
1311HV
(3)
89
da/ns
42/
43
H.F.
859
EFFECTIVE
DATES.
The
provisions
of
the
bill
relating
1
to
motor
fuel
standards
and
classifications
and
associated
2
prohibitions
generally
take
effect
October
1,
2021.
However,
3
provisions
relating
to
rulemaking
by
DALS
and
DNR
take
effect
4
upon
enactment.
The
provisions
relating
to
renewable
fuel
5
infrastructure
take
effect
July
1,
2021.
The
provisions
6
relating
to
gasoline
fuel
storage
and
dispensing
infrastructure
7
take
effect
October
1,
2021.
The
provisions
relating
to
tax
8
credits
and
motor
fuel
taxes
take
effect
January
1,
2022.
9
The
provisions
relating
to
renewable
fuel
use
by
state
motor
10
vehicles
take
effect
July
1,
2021.
11
-43-
LSB
1311HV
(3)
89
da/ns
43/
43