Bill Text: IA SF2230 | 2021-2022 | 89th General Assembly | Introduced

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Bill Title: A bill for an act providing for programs and regulations administered and enforced by the department of agriculture and land stewardship, providing fees, providing penalties, and making penalties applicable.(Formerly SSB 3095.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2022-03-07 - Subcommittee recommends amendment and passage. [SF2230 Detail]

Download: Iowa-2021-SF2230-Introduced.html

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Senate File 2230 - Introduced
SENATE FILE 2230
BY COMMITTEE ON AGRICULTURE
(SUCCESSOR TO SSB 3095)
A BILL FOR
An Act providing for programs and regulations administered
and enforced by the department of agriculture and land
stewardship, providing fees, providing penalties, and making
penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
CHOOSE IOWA PROMOTIONAL PROGRAM
Section 1. Section 159.20, Code 2022, is amended by adding
the following new subsection:
NEW SUBSECTION . 1A. The department shall establish and
administer a choose Iowa promotional program as provided in
part 2 of this subchapter, in order to provide consumers
a choice in purchasing food items that originate as an
agricultural commodity produced on Iowa farms.
Sec. 2. NEW SECTION . 159.26 Definitions.
As used in this part:
1. “Food item” means any of the following:
a. A perishable item derived from an agricultural commodity,
or processed from an agricultural commodity, that is fit for
human consumption.
b. Honey produced from bees in a managed beehive.
2. “Iowa farm” means land in this state used to produce an
agricultural commodity.
3. “Process” means to prepare a food item in a manner that
allows it to be fit for human consumption.
4. “Program” means the choose Iowa promotional program
established in section 159.29.
Sec. 3. NEW SECTION . 159.28 Administration.
The department shall administer the provisions of this part,
including by adopting rules pursuant to chapter 17A as it
determines are necessary or desirable.
Sec. 4. NEW SECTION . 159.29 Choose Iowa promotional
program.
1. The department shall establish and administer a choose
Iowa promotional program to advertise for sale on a retail
basis a food item that originates as an agricultural commodity
produced on an Iowa farm, and that may include any of the
following:
a. An agricultural commodity, except that it may be prepared
for sale by washing or packaging in this state.
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b. A product, if it is processed in this state and any of
its ingredients originate as an agricultural commodity produced
on an Iowa farm.
2. a. The department may adopt rules further defining
an Iowa farm and describing how an agricultural commodity
originates on an Iowa farm.
b. The department may adopt rules providing for the
acceptable use of ingredients originating from agricultural
commodities not produced on Iowa farms. In adopting the
rules, the department may consider whether the ingredient is
an incidental additive or other component that the department
determines is insignificant.
Sec. 5. NEW SECTION . 159.30 Choose Iowa logo.
1. As part of the program, the department may establish
a choose Iowa logo to identify a food item originating as an
agricultural commodity produced on an Iowa farm.
2. The department may register the choose Iowa logo as a
mark with the secretary of state under chapter 548. If allowed
under federal law, the department may also register the logo as
a trademark with the United States patent and trademark office
or as a copyright with the United States copyright office.
3. This section does not require the department to
incorporate the name “choose Iowa” as part of a mark,
trademark, or copyright, if such name is already protected by
state or federal law.
4. If the department registers a mark with the secretary
of state, registers a trademark with the United States patent
and trademark office, or registers a copyright with the United
States copyright office under this section, the state of
Iowa shall be named as the owner of the mark, trademark, or
copyright.
5. The use of a choose Iowa logo does not do any of the
following:
a. Provide an express or implied guarantee or warranty
concerning the safety, fitness, merchantability, or use of a
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food item.
b. Supersede, revise, or replace a state or federal labeling
requirement, including but not limited to a provision in the
federal Fair Packaging and Labeling Act, 15 U.S.C. §1451 et
seq.
c. Indicate the grade, specification, standard, or value of
any food item.
Sec. 6. NEW SECTION . 159.31 Choose Iowa licensing agreement
—— fees.
1. A person may apply to the department to participate in
the choose Iowa promotional program according to procedures
established by rules adopted by the department. The department
shall evaluate and approve or disapprove applications based
on criteria established by rules adopted by the department.
The department may disapprove an application if the department
determines the applicant’s use of the choose Iowa logo would be
associated with the consumption of an adulterated or illegal
food item.
2. The department may enter into a licensing agreement
with a person participating in the program. The participating
person may use the choose Iowa logo to advertise a food item
originating as an agricultural commodity produced on an Iowa
farm, subject to terms and conditions required by rules adopted
by the department. A licensing agreement shall not be for more
than one year.
3. The department shall establish application and license
fees by rules adopted by the department.
Sec. 7. NEW SECTION . 159.31A Choose Iowa fund.
1. A choose Iowa fund is established in the state treasury
under the management and control of the department.
2. The fund shall include moneys collected as fees by the
department as provided in section 159.31, moneys appropriated
by the general assembly, and other moneys available to and
obtained or accepted by the department, including moneys from
public or private sources.
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3. Moneys in the fund are appropriated to the department
and shall be used exclusively to carry out the provisions of
this part as determined and directed by the department, and
shall not require further special authorization by the general
assembly.
4. a. Notwithstanding section 12C.7, interest or earnings
on moneys in the fund shall be credited to the fund.
b. Notwithstanding section 8.33, moneys in the fund that
remain unencumbered or unobligated at the end of a fiscal year
shall not revert.
Sec. 8. DIRECTIONS TO CODE EDITOR —— TRANSFER.
1. The Code editor is directed to make the following
transfer:
Section 159.27 to section 159.25.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 9. DIRECTIONS TO CODE EDITOR —— PARTS. The Code editor
is directed to divide the provisions in chapter 159, subchapter
II, as amended, enacted, or transferred in this division of
this Act, into parts as follows:
1. Part 1, including sections 159.20 through 159.25.
2. Part 2, including sections 159.26 through 159.31A.
DIVISION II
REGULATION OF PESTICIDES
Sec. 10. Section 206.19, subsection 5, paragraph b, Code
2022, is amended to read as follows:
b. The amount of the civil penalty that may be assessed
for each violation committed by a commercial applicator or
private applicator shall not exceed five hundred dollars for
each offense .
DIVISION III
REGULATION OF MOTOR FUELS
Sec. 11. Section 214A.1, subsections 2, 5, and 13, Code
2022, are amended to read as follows:
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2. “ A.S.T.M. ASTM international” means the American society
for testing and materials international.
5. “Biodiesel” means a renewable fuel comprised of
mono-alkyl esters of long-chain fatty acids derived from
vegetable oils or animal fats, which is manufactured by the
use of a transesterification reaction, and which meets the
standards provided in section 214A.2 .
13. “E-85 gasoline” or “E-85” means ethanol blended gasoline
formulated with a percentage of between seventy sixty-eight
and eighty-five eighty-three percent by volume of ethanol, if
the formulation excludes a denaturant, and which meets the
standards provided in section 214A.2 .
Sec. 12. NEW SECTION . 214A.1A Administration and
enforcement.
This chapter shall be administered and enforced by the
department which may adopt rules under chapter 17A to carry out
the provisions of this chapter.
Sec. 13. Section 214A.2, Code 2022, is amended to read as
follows:
214A.2 Tests and standards Standards and classifications .
1. a. The department shall adopt rules pursuant to chapter
17A for carrying out this chapter . The rules may include but
are not limited to specifications establishing departmental
standards relating to motor fuel, including but not limited to
renewable fuel such as ethanol blended gasoline, biobutanol
blended gasoline, biodiesel, biodiesel blended fuel, fuels and
motor fuel components such as an oxygenate .
b. In the interest of uniformity, the department shall
adopt by reference other in part or in whole, as some of its
departmental standards described in paragraph “a” , applicable
specifications relating to tests and standards for motor fuel,
including renewable fuel and motor fuel components, adopted by
ASTM international and applicable requirements established by
the United States environmental protection agency and A.S.T.M.
international .
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2. Octane number shall conform to the average of values
obtained from the A.S.T.M. ASTM international D2699 research
method and the A.S.T.M. ASTM international D2700 motor method.
a. Octane number for regular grade unleaded gasoline shall
follow the specifications of A.S.T.M. ASTM international but
shall not be less than eighty-seven.
b. Octane number for premium grade unleaded gasoline shall
follow the specifications of A.S.T.M. ASTM international but
shall not be less than ninety ninety-one .
3. a. For motor fuel advertised for sale or sold as
gasoline by a dealer, the motor fuel must meet requirements
for that type of motor fuel and its additives established by
the United States environmental protection agency including as
provided under 42 U.S.C. §7545.
b. If the motor fuel is advertised for sale or sold as
ethanol blended gasoline, the motor fuel must comply with meet
departmental standards which shall meet all of the following
requirements including as follows :
(1) Ethanol must be an agriculturally derived ethyl alcohol
that meets A.S.T.M. departmental standards based in part or in
whole on ASTM international specification D4806 for denatured
fuel ethanol for blending with gasoline for use as automotive
spark-ignition engine fuel, or a successor A.S.T.M. ASTM
international specification, as established by rules adopted
by the department rule .
(2) Gasoline blended with ethanol must meet requirements
established by rules adopted departmental standards based
in part or in whole based on A.S.T.M. ASTM international
specification D4814 , or a successor ASTM international
specification, established by rule .
(3) (a) For ethanol blended gasoline, at least nine ten
percent by volume must be fuel grade ethanol. In addition, the
following applies:
(a) (b) For the period beginning on September 16 and
ending on May 31 of each year, the state grants a waiver of
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one pound per square inch from the A.S.T.M. ASTM international
D4814 specification for Reid vapor pressure requirement , or
a successor ASTM international specification, established by
rule .
(b) For the period beginning on June 1 and ending on
September 15 of each year the United States environmental
protection agency must grant a one pound per square inch waiver
for ethanol blended conventional gasoline with at least nine
but not more than ten percent by volume of ethanol pursuant to
40 C.F.R. §80.27 .
(4) For standard ethanol blended gasoline, it must be
ethanol blended gasoline classified as any of the following:
(a) From E-9 E-10 up to but not higher than E-15, if the
ethanol blended gasoline meets the departmental standards for
that classification as otherwise provided in this paragraph
“b” .
(b) Higher than E-15 but not E-85 gasoline , if the
classification is authorized by the department pursuant to
approval for the use of that classification of ethanol blended
gasoline in this state by the United States environmental
protection agency, by granting a waiver or the adoption of
regulations.
(5) E-85 gasoline must be an agriculturally derived ethyl
alcohol that meets A.S.T.M. departmental standards based in
part or in whole on ASTM international specification D5798,
described as a fuel blend for use in ground vehicles with
automotive spark-ignition engines, or a successor A.S.T.M. ASTM
international specification, as established by rules adopted
by the department rule .
c. If the motor fuel is advertised for sale or sold as
biobutanol blended gasoline, the motor fuel must comply
with meet departmental standards which shall meet all of the
following requirements as follows :
(1) Biobutanol must be an agriculturally derived isobutyl
or n-butyl alcohol that meets A.S.T.M. ASTM international
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specification D7862 for butanol for blending with gasoline for
use as automotive spark-ignition engine fuel, or a successor
A.S.T.M. ASTM international specification, as established by
rules adopted by the department rule .
(2) Gasoline blended with biobutanol must meet requirements
established by rules adopted departmental standards based
in part or in whole based on A.S.T.M. ASTM international
specification D4814 , or a successor ASTM international
specification, established by rule .
4. a. For motor fuel advertised for sale or sold as diesel
fuel by a dealer, the motor fuel must meet requirements for
that type of motor fuel and its additives established by the
United States environmental protection agency including as
provided under 42 U.S.C. §7545.
b. If the motor fuel is advertised for sale or sold as
biodiesel or biodiesel blended fuel, the motor fuel must comply
with meet departmental standards which shall comply with based
in part or in whole on specifications adopted by A.S.T.M. ASTM
international for biodiesel or biodiesel blended fuel, to
every extent applicable , as determined by rules adopted by the
department. the department, subject to the following:
(1) Biodiesel must conform to A.S.T.M. meet departmental
standards based in whole or in part on ASTM international
specification D6751 , or a successor A.S.T.M. ASTM international
specification , as established by rules adopted by the
department rule . The specification shall apply to biodiesel
before it leaves its place of manufacture.
(2) At least one five percent of biodiesel blended fuel by
volume must be biodiesel.
(3) The biodiesel may be blended with diesel fuel whose
sulfur, aromatic, lubricity, and cetane levels do not comply
with A.S.T.M. ASTM international specification D975 grades
1-D or 2-D, low sulfur 1-D or 2-D, or ultra-low sulfur grades
1-D or 2-D, provided that the finished biodiesel blended fuel
meets A.S.T.M. international specification D975 or a successor
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A.S.T.M. international specification as established by rules
adopted by the department departmental standards as required in
subparagraph (1) .
(4) Biodiesel blended fuel classified as B-6 or higher
but not higher than B-20 must conform to A.S.T.M. meet
departmental standards based in whole or in part on ASTM
international specification D7467 , or a successor A.S.T.M. ASTM
international specification , as established by rules adopted
by the department rule .
5. Motor fuel shall be classified as follows:
a. (1) Ethanol shall be classified as E-100.
(2) Ethanol blended gasoline formulated with a percentage
of between sixty-eight and eighty-three percent by volume of
ethanol shall be classified as E-85.
(3) Ethanol blended gasoline , other than ethanol blended
gasoline classified as E-85, shall be designated classified as
E-xx where “xx” is the volume percent of ethanol in the ethanol
blended gasoline.
b. (1) Biobutanol shall be classified as Bu-100.
(2) Biobutanol blended gasoline shall be designated
classified as Bu-xx where “xx” is the volume percent of
biobutanol in the biobutanol blended gasoline.
c. (1) Biodiesel shall be classified as B-100.
(2) Biodiesel blended fuel shall be designated classified
as B-xx where “xx” is the volume percent of biodiesel.
6. Motor fuel shall not contain more than trace amounts of
MTBE, as provided in section 214A.18 .
Sec. 14. Section 214A.2A, subsection 1, Code 2022, is
amended to read as follows:
1. Fuel which is sold or is kept, offered, or exposed for
sale as kerosene shall be labeled as kerosene. The label shall
include the word “kerosene” or the designation “K1 kerosene”,
and shall indicate that the kerosene is in compliance with the
standard specification adopted by A.S.T.M. ASTM international
specification D3699 (1982) , or a successor ASTM international
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specification, established by rules adopted by the department .
Sec. 15. Section 214A.2B, Code 2022, is amended to read as
follows:
214A.2B Laboratory for motor fuel and biofuels.
A laboratory for motor fuel and biofuels is established at
a community college which is engaged in biofuels testing on
July 1, 2007, and which testing includes but is not limited to
B-20 biodiesel fuel testing for motor trucks and the ability of
biofuels to meet A.S.T.M. ASTM international standards. The
laboratory shall conduct testing of motor fuel sold in this
state and biofuel which is blended in motor fuel in this state
to ensure that the motor fuel or biofuels meet the requirements
in section 214A.2 .
Sec. 16. Section 214A.3, Code 2022, is amended to read as
follows:
214A.3 Advertising.
1. For all motor fuel, a A person shall not knowingly do any
of the following:
a. 1. Advertise the for sale of any motor fuel which that
does not meet the standards provided in section 214A.2 .
b. 2. Falsely advertise for sale the quality , type, or kind
of any motor fuel or a component of motor fuel.
c. 3. Add a coloring matter to the motor fuel which
misleads a person who is purchasing the motor fuel about the
quality of the motor fuel.
4. Falsely advertise for sale the classification of a motor
fuel as provided in section 214A.2.
2. For a renewable fuel, all of the following apply:
a. A person shall not knowingly falsely advertise that a
motor fuel is a renewable fuel or is not a renewable fuel.
b. (1) Ethanol blended gasoline sold by a dealer shall
be designated according to its classification as provided in
section 214A.2 . However, a person advertising E-9 or E-10
gasoline may only designate it as ethanol blended gasoline. A
person advertising ethanol blended gasoline formulated with a
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percentage of between seventy and eighty-five percent by volume
of ethanol shall designate it as E-85. A person shall not
knowingly falsely advertise ethanol blended gasoline by using
an inaccurate designation in violation of this subparagraph.
(2) A person shall not knowingly falsely advertise
biobutanol blended gasoline by using an inaccurate designation
as provided in section 214A.2 .
(3) A person shall not knowingly falsely advertise
biodiesel fuel by using an inaccurate designation as provided
in section 214A.2 .
Sec. 17. Section 214A.5, subsection 2, Code 2022, is amended
to read as follows:
2. A wholesale dealer selling ethanol blended gasoline,
biobutanol blended gasoline, or biodiesel blended fuel to
a purchaser shall provide the purchaser with a statement
indicating its designation classification as provided in
section 214A.2 . The statement may be on the sales slip
provided in this section or a similar document, including but
not limited to a bill of lading or invoice.
Sec. 18. Section 214A.16, Code 2022, is amended to read as
follows:
214A.16 Notice of renewable fuel —— decal.
1. a. If ethanol blended gasoline is sold from a motor
fuel pump, the motor fuel pump shall have affixed a decal
identifying the ethanol blended gasoline.
b. If the motor fuel pump dispenses ethanol blended gasoline
classified as E-11 to E-15 for use in gasoline-powered vehicles
not required to be flexible fuel vehicles, the motor fuel pump
shall have affixed a decal as prescribed by the United States
environmental protection agency.
c. 1. a. If the motor fuel pump dispenses ethanol blended
gasoline classified as higher than standard ethanol blended
gasoline pursuant to section 214A.2 is advertised for sale or
sold at a retail motor fuel site , the motor fuel dispenser
dispensing the ethanol blended gasoline shall be affixed with a
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decal s hall contain language stating that the classification
of the ethanol blended gasoline is for use in flexible fuel
vehicles.
d. b. If biobutanol blended gasoline is advertised for sale
or sold from at a retail motor fuel site, the motor fuel pump,
the motor fuel pump dispenser dispensing the biobutanol blended
gasoline shall have be affixed with a decal identifying the
classification of biobutanol blended gasoline.
e. If biodiesel fuel is sold from a motor fuel pump, the
motor fuel pump shall have affixed a decal identifying the
biodiesel fuel as provided in 16 C.F.R. pt. 306 .
2. The design and location of the decal shall be prescribed
by rules adopted by the department. A decal identifying a
renewable fuel shall be consistent with standards adopted
pursuant to section 159A.6 . The department may approve an
application to place a decal in a special location on a pump
dispenser or container or use a decal with special lettering
or colors, if the decal appears clear and conspicuous to the
consumer. The application shall be made in writing pursuant to
procedures adopted by the department.
Sec. 19. Section 452A.12, subsection 2, Code 2022, is
amended to read as follows:
2. A person while transporting motor fuel or undyed special
fuel from a refinery or marine or pipeline terminal in this
state or from a point outside this state over the highways
of this state in service other than that under subsection
1 shall carry in the vehicle a loading invoice showing the
name and address of the seller or consignor, the date and
place of loading, and the kind and quantity of motor fuel or
special fuel loaded, together with invoices showing the kind
and quantity of each delivery and the name and address of each
purchaser or consignee. An invoice carried pursuant to this
subsection for ethanol blended gasoline or biodiesel blended
fuel shall state its designation classification as provided in
section 214A.2 .
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Sec. 20. Section 455G.31, subsection 1, paragraph b, Code
2022, is amended to read as follows:
b. Ethanol blended gasoline shall be designated classified
in the same manner as provided in section 214A.2 .
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
GENERAL. This bill provides for programs and regulations
administered and enforced by the department of agriculture and
land stewardship (DALS).
CHOOSE IOWA PROMOTIONAL PROGRAM. The bill requires DALS
to establish and administer a choose Iowa promotional program
(program) in order to provide consumers a choice in purchasing
a food item originating as an agricultural commodity produced
on an Iowa farm (amended Code section 159.20). This includes
either (1) an agricultural commodity produced on an Iowa farm
or (2) a product processed in this state, if the product is
an agricultural commodity that has been prepared in Iowa, or
any of the product’s ingredients are agricultural commodities
produced on an Iowa farm (new Code section 159.29). DALS is
provided discretion to further define what constitutes an Iowa
farm and describe how an agricultural commodity originates on
an Iowa farm.
CHOOSE IOWA LOGO. As part of the program, DALS may establish
a choose Iowa logo (logo) to identify a food item originating
as an agricultural commodity produced on an Iowa farm. DALS
may register the logo as a mark with the secretary of state.
DALS may also register the logo as a trademark with the United
States patent and trademark office or as a copyright with the
United States copyright office. The use of the logo does not
create an express or implied warranty; involve state or federal
labeling requirements; or indicate the grade, specification,
standard, or value of a food item (new Code section 159.30).
CHOOSE IOWA PROMOTIONAL PROGRAM —— LICENSING AGREEMENTS AND
FEES. DALS may enter into a licensing agreement (agreement)
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with a person who applies to use the logo. An agreement cannot
be for more than five years. DALS must evaluate and approve or
disapprove applications based on criteria established by rule.
DALS may also establish application and license fees by rule.
CHOOSE IOWA FUND. A choose Iowa fund (fund) is established
in the state treasury under DALS’ management and control. The
fund includes moneys that DALS collects in fees or otherwise
receives, including by appropriation or gift. DALS must use
the moneys exclusively to carry out the provisions of the bill.
PESTICIDE REGULATION. The bill amends Code chapter 206,
“the Pesticide Act of Iowa” (Code section 206.1) which in part
regulates commercial and private applicators. Generally,
a person in business as a commercial applicator (applying
pesticides to another person’s land) must be certified and
licensed (Code sections 206.5 and 206.6). A private applicator
(e.g., a farmer) applying a restricted use pesticide must
be certified (Code section 206.5). During the last regular
session, the general assembly enacted SF 482 (2021 Acts,
chapter 28) which in part provides that a private applicator is
subject to the same civil penalty as a commercial applicator
for violating a provision of the Code chapter (amended Code
section 206.19). The Act provided that the amount for each
violation committed by a commercial applicator or private
applicator cannot exceed $500 for each violation. The bill
amends the provision by changing the term from “violation” back
to “offense”.
MOTOR FUEL REGULATION —— BACKGROUND. DALS regulates persons
advertising for sale or selling motor fuel on a wholesale
or retail basis (Code chapter 214A) as well as motor fuel
infrastructure used to store and dispense motor fuel at a
retail motor fuel site owned or operated by a retail dealer
and, in particular, metered motor fuel pumps located at a
retail motor fuel site (Code chapter 214). Three types of
motor fuel are regulated by DALS, including gasoline and diesel
fuel (Code section 214A.2), and kerosene (Code sections 214A.2
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and 214A.2A) as well as their respective components. A biofuel
is a component used to formulate a motor fuel and is closely
associated with formulations of both gasoline and diesel fuel.
A renewable fuel is a term which refers to either a biofuel
or a motor fuel blended with a biofuel. A biofuel includes
ethanol which is grain alcohol (e.g., derived from corn) used
to produce ethanol blended gasoline, biobutanol which is
isobutyl or n-butyl alcohol (derived from the same feedstocks
as ethanol but includes corn stover) used to produce biobutanol
blended gasoline, and biodiesel which is often a vegetable oil
(e.g., derived from soybeans) used to produce biodiesel blended
fuel. DALS establishes standards for these motor fuels and
their components based on two outside sources of authority:
(1) specifications recommended by ASTM international, a
private globally recognized organization, and (2) requirements
adopted by the United States environmental protection agency
(EPA). The EPA and the United States federal trade commission
(FTC) also regulate the labeling of motor fuel dispensers by
requiring information about the motor fuel to be dispensed,
such as the octane level of gasoline and the percentage content
of any biofuel component (42 U.S.C. §7545 and 40 C.F.R. pt.
1090, 15 U.S.C. §2801 et seq., 42 U.S.C. §17021, 16 C.F.R.
pt. 306, and 40 C.F.R. §80.1501(a)). DALS’ regulation of a
renewable fuel depends upon its classification expressed as an
abbreviation identifying the renewable fuel according to type
followed by a number representing the biofuel percentage by
volume usually measured by gallon. The designation “xx” is
used as a stand-in designation for the actual percentage of a
biofuel percentage threshold (amended Code section 214A.2(5))
depending upon the Code provision (e.g., the E-15 plus gasoline
promotion tax credit in Code section 422.11Y). One special
exception is E-85 gasoline which is based on a percentage range
of between 70 and 85 percent by volume of ethanol.
MOTOR FUEL REGULATION —— REVISION OF TERMS. The bill revises
certain terms, including by changing “A.S.T.M. international”
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to “ASTM international” and defining “biodiesel” by referring
to its production method (amended Code section 214A.1).
The bill provides for the consistent use of certain terms,
including “specifications” which refers to recommendations
adopted by ASTM international, “requirements” which refers to
EPA regulations, and “standards” which refers to departmental
rules (amended Code section 214A.2). The bill also provides
for the consistent use of the term “standard” which is
occasionally referred to as “designation” (amended Code
sections 214A.2A, 214A.3, 214A.5, 452A.12, and 455G.31). The
bill provides that a label is to be placed on a “motor fuel
dispenser” rather than a “motor fuel pump” (amended Code
section 214A.16).
MOTOR FUEL REGULATION —— DEPARTMENTAL STANDARDS. The
bill provides that the minimum octane rating for premium
grade gasoline is changed from 90 to 91 (amended Code
section 214A.2(2)). For all three types of motor fuel,
departmental standards may be based in part or in whole on
ASTM international specifications, and may include successor
specifications. The bill eliminates a requirement recognizing
that EPA must grant a seasonal waiver from its requirements
before a retail dealer may advertise for sale or sell ethanol
blended gasoline (amended Code section 214A.2(3)). The
threshold for ethanol blended gasoline is increased from E-9 to
E-10 (amended Code section 214A.2(3)) and from B-1 to B-5 for
biodiesel blended motor fuel (amended Code section 214A.2(4)).
MOTOR FUEL REGULATION —— CLASSIFICATIONS. The bill
adds subclassifications for biofuels including for ethanol
classified as E-100, biobutanol classified as Bu-100, and
biodiesel classified as B-100. The bill also recognizes E-85
according to its revised percentage range, which is 68 to 83
percent.
MOTOR FUEL REGULATION —— ADVERTISING. The bill revises
a provision which prohibits a person from knowingly falsely
advertising for sale motor fuel (amended Code section 214A.3).
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The bill replaces a provision that prohibits a person from
falsely advertising that a motor fuel is or is not a renewable
fuel with a provision that prohibits a person from falsely
advertising the classification of a renewable fuel. The bill
also eliminates a requirement that a motor fuel pump (motor
fuel dispenser) be affixed with a label that identifies the
dispensed gasoline as ethanol blended gasoline (e.g., E-10),
that identifies ethanol blended gasoline classified from E-11
to E-15, or that identifies dispensed diesel fuel as biodiesel
blended fuel. The bill retains a state requirement that a
motor fuel dispenser identify gasoline classified as higher
than E-15 (e.g., E-85) or any classification of biobutanol
blended gasoline. The bill does not affect federal labeling
requirements.
APPLICABLE PENALTIES. A person who violates a provision
of Code chapter 214A is guilty of a serious misdemeanor. A
serious misdemeanor is punishable by confinement for no more
than one year and a fine of at least $430 but not more than
$2,560. However, the state may initiative a substitute civil
enforcement action as an administrative action by DALS or as
a judicial proceeding by the attorney general upon referral
by DALS. The civil penalty must be for at least $100 but
not more than $1,000 for each violation and each day of a
continuing violation constitutes a separate offense (Code
section 214A.11).
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