Bill Text: MN SF1073 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Identical product pricing requirement; federal fuel standards compliance updates; E85 requirements modification
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-05-07 - HF substituted on General Orders HF634 [SF1073 Detail]
Download: Minnesota-2013-SF1073-Engrossed.html
1.2relating to commerce; weights and measures; adding a requirement for identical
1.3product pricing; making technical updates to bring state into compliance with
1.4most recent federal fuel standards; modifying E85 requirements;amending
1.5Minnesota Statutes 2012, sections 239.751, by adding a subdivision; 239.761,
1.6subdivisions 3, 4, 5, 6, 7, 8, 10, 11, 13, 16, 17, by adding a subdivision; 239.77,
1.7subdivisions 1, 4; 239.791, subdivision 8; 296A.01, subdivision 19.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 239.751, is amended by adding a
1.10subdivision to read:
1.11 Subd. 9. Identical pricing product requirement. Petroleum product dispensed
1.12from a single storage tank or from multiple storage tanks that are joined in such a manner
1.13that the product is commingled while still in the tanks must have an identical base price at
1.14each retail dispenser from which it is offered for sale. This requirement does not preclude
1.15the application of discounts for cash, self-service, customer loyalty programs, or other
1.16discount programs on any basis except octane to the base price at each dispenser.
1.17For the purpose of this subdivision, "base price" means the highest unit price of a
1.18petroleum product dispensed from a single storage tank or from multiple storage tanks
1.19that are joined in such a manner that the product is commingled while still in the tanks,
1.20including taxes and fees, and before the application of discounts, including, but not limited
1.21to, discounts for cash, self-service, customer loyalty programs, and coupons.
1.22 Sec. 2. Minnesota Statutes 2012, section 239.761, subdivision 3, is amended to read:
1.23 Subd. 3. Gasoline. (a) Gasoline that is not blended with ethanol must not be
1.24contaminated with water or other impurities and must comply with ASTM specification
2.1D4814-08b D4814-11b. Gasoline that is not blended with ethanol must also comply with
2.2the volatility requirements in Code of Federal Regulations, title 40, part 80.
2.3(b) After gasoline is sold, transferred, or otherwise removed from a refinery or
2.4terminal, a person responsible for the product:
2.5(1) may blend the gasoline with agriculturally derived ethanol as provided in
2.6subdivision 4;
2.7(2) shall not blend the gasoline with any oxygenate other than denatured,
2.8agriculturally derived ethanol;
2.9(3) shall not blend the gasoline with other petroleum products that are not gasoline
2.10or denatured, agriculturally derived ethanol;
2.11(4) shall not blend the gasoline with products commonly and commercially known
2.12as casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or
2.13natural gasoline; and
2.14(5) may blend the gasoline with a detergent additive, an antiknock additive, or an
2.15additive designed to replace tetra-ethyl lead, that is registered by the EPA.
2.16 Sec. 3. Minnesota Statutes 2012, section 239.761, subdivision 4, is amended to read:
2.17 Subd. 4. Gasoline blended with ethanol; general. (a) Gasoline may be blended
2.18with agriculturally derived, denatured ethanol that complies with the requirements of
2.19subdivision 5.
2.20(b) A gasoline-ethanol blend must:
2.21(1) comply with the volatility requirements in Code of Federal Regulations, title
2.2240, part 80;
2.23(2) comply with ASTM specificationD4814-08b D4814-11b, or the gasoline base
2.24stock from which a gasoline-ethanol blend was produced must comply with ASTM
2.25specificationD4814-08b D4814-11b; and
2.26(3) not be blended with casinghead gasoline, absorption gasoline, condensation
2.27gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold,
2.28transferred, or otherwise removed from a refinery or terminal.
2.29 Sec. 4. Minnesota Statutes 2012, section 239.761, subdivision 5, is amended to read:
2.30 Subd. 5. Denatured ethanol. Denatured ethanol that is to be blended with gasoline
2.31must be agriculturally derived and must comply with ASTM specificationD4806-08
2.32 D4806-11a. This includes the requirement that ethanol may be denatured only as specified
2.33in Code of Federal Regulations, title 27, parts 20 and 21.
3.1 Sec. 5. Minnesota Statutes 2012, section 239.761, subdivision 6, is amended to read:
3.2 Subd. 6. Gasoline blended with nonethanol oxygenate. (a) A person responsible
3.3for the product shall comply with the following requirements:
3.4(1) after July 1, 2000, gasoline containing in excess of one-third of one percent, in
3.5total, of nonethanol oxygenates listed in paragraph (b) must not be sold or offered for
3.6sale at any time in this state; and
3.7(2) after July 1, 2005, gasoline containing any of the nonethanol oxygenates listed in
3.8paragraph (b) must not be sold or offered for sale in this state.
3.9(b) The oxygenates prohibited under paragraph (a) are:
3.10(1) methyl tertiary butyl ether, as defined in section296A.01, subdivision 34 ;
3.11(2) ethyl tertiary butyl ether, as defined in section296A.01, subdivision 18 ; or
3.12(3) tertiary amyl methyl ether.
3.13(c) Gasoline that is blended with a nonethanol oxygenate must comply with ASTM
3.14specificationD4814-08b D4814-11b. Nonethanol oxygenates must not be blended into
3.15gasoline after the gasoline has been sold, transferred, or otherwise removed from a
3.16refinery or terminal.
3.17 Sec. 6. Minnesota Statutes 2012, section 239.761, subdivision 7, is amended to read:
3.18 Subd. 7. Heating fuel oil. Heating fuel oil must comply with ASTM specification
3.19D396-08b D396-12.
3.20 Sec. 7. Minnesota Statutes 2012, section 239.761, subdivision 8, is amended to read:
3.21 Subd. 8. Diesel fuel oil.Diesel fuel oil must comply with ASTM specification
3.22D975-07b.
3.23(a) When diesel fuel oil is not blended with biodiesel, it must comply with ASTM
3.24specification D975-12a.
3.25(b) When diesel fuel oil is a blend of up to five volume percent biodiesel, the diesel
3.26component must comply with ASTM specification D975-12a and the biodiesel component
3.27must comply with ASTM specification D6751-11b.
3.28 Sec. 8. Minnesota Statutes 2012, section 239.761, subdivision 10, is amended to read:
3.29 Subd. 10. Aviation gasoline. Aviation gasoline must comply with ASTM
3.30specificationD910-07a D910-11.
3.31 Sec. 9. Minnesota Statutes 2012, section 239.761, subdivision 11, is amended to read:
4.1 Subd. 11. Aviation turbine fuel, jet fuel. Aviation turbine fuel and jet fuel must
4.2comply with ASTM specificationD1655-08a D1655-12.
4.3 Sec. 10. Minnesota Statutes 2012, section 239.761, subdivision 13, is amended to read:
4.4 Subd. 13. E85. A blend of ethanol and gasoline, containingat least 60 percent
4.5ethanol and not more than 85 percent ethanol, produced for use as a motor fuel in
4.6alternative fuel vehicles as defined in section296A.01, subdivision 5 , must comply with
4.7ASTM specificationD5798-07 D5798-11.
4.8 Sec. 11. Minnesota Statutes 2012, section 239.761, subdivision 16, is amended to read:
4.9 Subd. 16. Biodiesel fuel definition. "Biodiesel fuel" means a renewable,
4.10biodegradable, mono alkyl ester combustible liquid that is derived from agricultural plant
4.11oils or animal fats and that meets American Society for Testing and Materials (ASTM)
4.12specificationD6751-08 D6751-11b for Biodiesel Fuel (B100) Blend Stock for Distillate
4.13Fuels.
4.14 Sec. 12. Minnesota Statutes 2012, section 239.761, subdivision 17, is amended to read:
4.15 Subd. 17. Grade 82 unleaded aviation gasoline. Grade 82 unleaded aviation
4.16gasoline must comply with ASTM specificationD6227-04a D6227-12.
4.17 Sec. 13. Minnesota Statutes 2012, section 239.761, is amended by adding a subdivision
4.18to read:
4.19 Subd. 18. Minimum octane rating. The minimum (R+M)/2 octane rating grades
4.20for petroleum products under subdivision 3, 4, 4a, 4b, or 6 to an end user shall be no
4.21less than 87.
4.22 Sec. 14. Minnesota Statutes 2012, section 239.77, subdivision 1, is amended to read:
4.23 Subdivision 1. Biodiesel blend and fuel. (a) "Biodiesel blend" is a blend of diesel
4.24fuel and biodiesel fuel between six percent and 20 percent for on-road and off-road
4.25diesel-fueled vehicle use. Biodiesel blend must comply with ASTM specification
4.26D7467-08 D7467-10.
4.27(b) "Biodiesel fuel" means a renewable, biodegradable, mono alkyl ester combustible
4.28liquid fuel that is derived from agricultural and other plant oils or animal fats and that
4.29meets American Society for Testing and Materials specificationD6751-08 D6751-11b for
4.30Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
5.1 (c) Biodiesel produced from palm oil is not biodiesel fuel for the purposes of this
5.2section, unless the palm oil is contained within waste oil and grease collected within the
5.3United States or Canada.
5.4 Sec. 15. Minnesota Statutes 2012, section 239.77, subdivision 4, is amended to read:
5.5 Subd. 4. Disclosure. (a) A refinery or terminal shall provide, at the time diesel fuel
5.6is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest
5.7to the person who receives the fuel. For biodiesel-blended products, the bill of lading or
5.8shipping manifest must disclose biodiesel content, stating volume percentage, gallons of
5.9biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation
5.10where "xx" denotes the volume percent biodiesel included in the blended product. This
5.11subdivision does not apply to sales or transfers of biodiesel blend stock between refineries,
5.12between terminals, or between a refinery and a terminal.
5.13(b) A delivery ticket required under section 239.092 for a biodiesel blend must state
5.14the volume percent of biodiesel blended into the diesel fuel delivered through a meter into
5.15a storage tank used for dispensing into motor vehicles powered by an internal combustion
5.16engine and not exempt under section 239.77, subdivision 3.
5.17 Sec. 16. Minnesota Statutes 2012, section 239.791, subdivision 8, is amended to read:
5.18 Subd. 8. Disclosure. (a) A refinery or terminal, shall provide, at the time gasoline
5.19is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest
5.20to the person who receives the gasoline. For oxygenated gasoline, the bill of lading or
5.21shipping manifest must include the identity and the volume percentage or gallons of
5.22oxygenate included in the gasoline, and it must state: "This fuel contains an oxygenate.
5.23Do not blend this fuel with ethanol or with any other oxygenate." For nonoxygenated
5.24gasoline sold or transferred after September 30, 1997, the bill or manifest must state:
5.25"This fuel is not oxygenated. It must not be sold at retail in Minnesota." This subdivision
5.26does not apply to sales or transfers of gasoline between refineries, between terminals, or
5.27between a refinery and a terminal.
5.28(b) A delivery ticket required under section 239.092 for biofuel blended with
5.29gasoline must state the volume percent of biofuel blended into gasoline delivered through
5.30a meter into a storage tank used for dispensing by persons not exempt under section
5.31239.791, subdivisions 10 to 14.
5.32 Sec. 17. Minnesota Statutes 2012, section 296A.01, subdivision 19, is amended to read:
6.1 Subd. 19. E85. "E85" means a petroleum product that is a blend of agriculturally
6.2derived denatured ethanol and gasoline or natural gasoline thattypically contains not more
6.3than 85 percent ethanol by volume, but at a minimum must contain 60 percent ethanol by
6.4volume. For the purposes of this chapter, the energy content of E85 will be considered to be
6.582,000 BTUs per gallon. E85 produced for use as a motor fuel in alternative fuel vehicles
6.6as defined in subdivision 5 must comply with ASTM specificationD5798-07 D5798-11.
6.7 Sec. 18. EFFECTIVE DATE.
6.8Sections 1 to 17 are effective the day following final enactment.
1.3product pricing; making technical updates to bring state into compliance with
1.4most recent federal fuel standards; modifying E85 requirements;amending
1.5Minnesota Statutes 2012, sections 239.751, by adding a subdivision; 239.761,
1.6subdivisions 3, 4, 5, 6, 7, 8, 10, 11, 13, 16, 17, by adding a subdivision; 239.77,
1.7subdivisions 1, 4; 239.791, subdivision 8; 296A.01, subdivision 19.
1.8BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.9 Section 1. Minnesota Statutes 2012, section 239.751, is amended by adding a
1.10subdivision to read:
1.11 Subd. 9. Identical pricing product requirement. Petroleum product dispensed
1.12from a single storage tank or from multiple storage tanks that are joined in such a manner
1.13that the product is commingled while still in the tanks must have an identical base price at
1.14each retail dispenser from which it is offered for sale. This requirement does not preclude
1.15the application of discounts for cash, self-service, customer loyalty programs, or other
1.16discount programs on any basis except octane to the base price at each dispenser.
1.17For the purpose of this subdivision, "base price" means the highest unit price of a
1.18petroleum product dispensed from a single storage tank or from multiple storage tanks
1.19that are joined in such a manner that the product is commingled while still in the tanks,
1.20including taxes and fees, and before the application of discounts, including, but not limited
1.21to, discounts for cash, self-service, customer loyalty programs, and coupons.
1.22 Sec. 2. Minnesota Statutes 2012, section 239.761, subdivision 3, is amended to read:
1.23 Subd. 3. Gasoline. (a) Gasoline that is not blended with ethanol must not be
1.24contaminated with water or other impurities and must comply with ASTM specification
2.1
2.2the volatility requirements in Code of Federal Regulations, title 40, part 80.
2.3(b) After gasoline is sold, transferred, or otherwise removed from a refinery or
2.4terminal, a person responsible for the product:
2.5(1) may blend the gasoline with agriculturally derived ethanol as provided in
2.6subdivision 4;
2.7(2) shall not blend the gasoline with any oxygenate other than denatured,
2.8agriculturally derived ethanol;
2.9(3) shall not blend the gasoline with other petroleum products that are not gasoline
2.10or denatured, agriculturally derived ethanol;
2.11(4) shall not blend the gasoline with products commonly and commercially known
2.12as casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or
2.13natural gasoline; and
2.14(5) may blend the gasoline with a detergent additive, an antiknock additive, or an
2.15additive designed to replace tetra-ethyl lead, that is registered by the EPA.
2.16 Sec. 3. Minnesota Statutes 2012, section 239.761, subdivision 4, is amended to read:
2.17 Subd. 4. Gasoline blended with ethanol; general. (a) Gasoline may be blended
2.18with agriculturally derived, denatured ethanol that complies with the requirements of
2.19subdivision 5.
2.20(b) A gasoline-ethanol blend must:
2.21(1) comply with the volatility requirements in Code of Federal Regulations, title
2.2240, part 80;
2.23(2) comply with ASTM specification
2.24stock from which a gasoline-ethanol blend was produced must comply with ASTM
2.25specification
2.26(3) not be blended with casinghead gasoline, absorption gasoline, condensation
2.27gasoline, drip gasoline, or natural gasoline after the gasoline-ethanol blend has been sold,
2.28transferred, or otherwise removed from a refinery or terminal.
2.29 Sec. 4. Minnesota Statutes 2012, section 239.761, subdivision 5, is amended to read:
2.30 Subd. 5. Denatured ethanol. Denatured ethanol that is to be blended with gasoline
2.31must be agriculturally derived and must comply with ASTM specification
2.32 D4806-11a. This includes the requirement that ethanol may be denatured only as specified
2.33in Code of Federal Regulations, title 27, parts 20 and 21.
3.1 Sec. 5. Minnesota Statutes 2012, section 239.761, subdivision 6, is amended to read:
3.2 Subd. 6. Gasoline blended with nonethanol oxygenate. (a) A person responsible
3.3for the product shall comply with the following requirements:
3.4(1) after July 1, 2000, gasoline containing in excess of one-third of one percent, in
3.5total, of nonethanol oxygenates listed in paragraph (b) must not be sold or offered for
3.6sale at any time in this state; and
3.7(2) after July 1, 2005, gasoline containing any of the nonethanol oxygenates listed in
3.8paragraph (b) must not be sold or offered for sale in this state.
3.9(b) The oxygenates prohibited under paragraph (a) are:
3.10(1) methyl tertiary butyl ether, as defined in section
3.11(2) ethyl tertiary butyl ether, as defined in section
3.12(3) tertiary amyl methyl ether.
3.13(c) Gasoline that is blended with a nonethanol oxygenate must comply with ASTM
3.14specification
3.15gasoline after the gasoline has been sold, transferred, or otherwise removed from a
3.16refinery or terminal.
3.17 Sec. 6. Minnesota Statutes 2012, section 239.761, subdivision 7, is amended to read:
3.18 Subd. 7. Heating fuel oil. Heating fuel oil must comply with ASTM specification
3.19
3.20 Sec. 7. Minnesota Statutes 2012, section 239.761, subdivision 8, is amended to read:
3.21 Subd. 8. Diesel fuel oil.
3.22
3.23(a) When diesel fuel oil is not blended with biodiesel, it must comply with ASTM
3.24specification D975-12a.
3.25(b) When diesel fuel oil is a blend of up to five volume percent biodiesel, the diesel
3.26component must comply with ASTM specification D975-12a and the biodiesel component
3.27must comply with ASTM specification D6751-11b.
3.28 Sec. 8. Minnesota Statutes 2012, section 239.761, subdivision 10, is amended to read:
3.29 Subd. 10. Aviation gasoline. Aviation gasoline must comply with ASTM
3.30specification
3.31 Sec. 9. Minnesota Statutes 2012, section 239.761, subdivision 11, is amended to read:
4.1 Subd. 11. Aviation turbine fuel, jet fuel. Aviation turbine fuel and jet fuel must
4.2comply with ASTM specification
4.3 Sec. 10. Minnesota Statutes 2012, section 239.761, subdivision 13, is amended to read:
4.4 Subd. 13. E85. A blend of ethanol and gasoline, containing
4.5
4.6alternative fuel vehicles as defined in section
4.7ASTM specification
4.8 Sec. 11. Minnesota Statutes 2012, section 239.761, subdivision 16, is amended to read:
4.9 Subd. 16. Biodiesel fuel definition. "Biodiesel fuel" means a renewable,
4.10biodegradable, mono alkyl ester combustible liquid that is derived from agricultural plant
4.11oils or animal fats and that meets American Society for Testing and Materials (ASTM)
4.12specification
4.13Fuels.
4.14 Sec. 12. Minnesota Statutes 2012, section 239.761, subdivision 17, is amended to read:
4.15 Subd. 17. Grade 82 unleaded aviation gasoline. Grade 82 unleaded aviation
4.16gasoline must comply with ASTM specification
4.17 Sec. 13. Minnesota Statutes 2012, section 239.761, is amended by adding a subdivision
4.18to read:
4.19 Subd. 18. Minimum octane rating. The minimum (R+M)/2 octane rating grades
4.20for petroleum products under subdivision 3, 4, 4a, 4b, or 6 to an end user shall be no
4.21less than 87.
4.22 Sec. 14. Minnesota Statutes 2012, section 239.77, subdivision 1, is amended to read:
4.23 Subdivision 1. Biodiesel blend and fuel. (a) "Biodiesel blend" is a blend of diesel
4.24fuel and biodiesel fuel between six percent and 20 percent for on-road and off-road
4.25diesel-fueled vehicle use. Biodiesel blend must comply with ASTM specification
4.26
4.27(b) "Biodiesel fuel" means a renewable, biodegradable, mono alkyl ester combustible
4.28liquid fuel that is derived from agricultural and other plant oils or animal fats and that
4.29meets American Society for Testing and Materials specification
4.30Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.
5.1 (c) Biodiesel produced from palm oil is not biodiesel fuel for the purposes of this
5.2section, unless the palm oil is contained within waste oil and grease collected within the
5.3United States or Canada.
5.4 Sec. 15. Minnesota Statutes 2012, section 239.77, subdivision 4, is amended to read:
5.5 Subd. 4. Disclosure. (a) A refinery or terminal shall provide, at the time diesel fuel
5.6is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest
5.7to the person who receives the fuel. For biodiesel-blended products, the bill of lading or
5.8shipping manifest must disclose biodiesel content, stating volume percentage, gallons of
5.9biodiesel per gallons of petroleum diesel base-stock, or an ASTM "Bxx" designation
5.10where "xx" denotes the volume percent biodiesel included in the blended product. This
5.11subdivision does not apply to sales or transfers of biodiesel blend stock between refineries,
5.12between terminals, or between a refinery and a terminal.
5.13(b) A delivery ticket required under section 239.092 for a biodiesel blend must state
5.14the volume percent of biodiesel blended into the diesel fuel delivered through a meter into
5.15a storage tank used for dispensing into motor vehicles powered by an internal combustion
5.16engine and not exempt under section 239.77, subdivision 3.
5.17 Sec. 16. Minnesota Statutes 2012, section 239.791, subdivision 8, is amended to read:
5.18 Subd. 8. Disclosure. (a) A refinery or terminal, shall provide, at the time gasoline
5.19is sold or transferred from the refinery or terminal, a bill of lading or shipping manifest
5.20to the person who receives the gasoline. For oxygenated gasoline, the bill of lading or
5.21shipping manifest must include the identity and the volume percentage or gallons of
5.22oxygenate included in the gasoline, and it must state: "This fuel contains an oxygenate.
5.23Do not blend this fuel with ethanol or with any other oxygenate." For nonoxygenated
5.24gasoline sold or transferred after September 30, 1997, the bill or manifest must state:
5.25"This fuel is not oxygenated. It must not be sold at retail in Minnesota." This subdivision
5.26does not apply to sales or transfers of gasoline between refineries, between terminals, or
5.27between a refinery and a terminal.
5.28(b) A delivery ticket required under section 239.092 for biofuel blended with
5.29gasoline must state the volume percent of biofuel blended into gasoline delivered through
5.30a meter into a storage tank used for dispensing by persons not exempt under section
5.31239.791, subdivisions 10 to 14.
5.32 Sec. 17. Minnesota Statutes 2012, section 296A.01, subdivision 19, is amended to read:
6.1 Subd. 19. E85. "E85" means a petroleum product that is a blend of agriculturally
6.2derived denatured ethanol and gasoline or natural gasoline that
6.3than 85 percent ethanol by volume
6.4
6.5
6.6as defined in subdivision 5 must comply with ASTM specification
6.7 Sec. 18. EFFECTIVE DATE.
6.8Sections 1 to 17 are effective the day following final enactment.
