Bill Text: NJ A4256 | 2010-2011 | Regular Session | Introduced
Bill Title: Permits sale of motor fuels that have not been blended with ethanol for certain purposes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-11-10 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4256 Detail]
Download: New_Jersey-2010-A4256-Introduced.html
Sponsored by:
Assemblyman NELSON T. ALBANO
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Permits sale of motor fuels that have not been blended with ethanol for certain purposes.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the sale and distribution of motor fuels, and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that ethanol-blended gasoline is damaging to marine engines and small gasoline engines, resulting in expensive repairs for individuals who own small boats, watercraft, and gas-powered equipment or tools; that it is possible to distinguish fuel with ethanol and no-ethanol fuel at the point of distribution, but no-ethanol fuel must be dispensed from tanks used exclusively for that type of fuel; and that other states, most notably Florida, have established exemptions for selling motor fuel that has not been blended with ethanol for use in boats and airplanes.
The Legislature therefore determines that it is in the best interest of the State to establish an exemption for selling no-ethanol fuel for use in boats, watercraft, and small engines, and to allow gasoline stations and marinas to sell no-ethanol fuel from designated pumps for that specific purpose.
2. a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, any retail dealer of motor fuels may sell from designated pumps gasoline, diesel, or other motor fuel that has not been blended with ethanol, provided the retail dealer sells such motor fuel only for use in boats, watercraft, or small engine equipment or tools. The designated pump shall be labeled accordingly as dispensing motor fuel with no ethanol.
b. Selling gasoline, diesel or other motor fuel from a designated pump for any other purpose than fueling a boat, watercraft, or small engine equipment or tools enumerated in the rules and regulations adopted pursuant to section 3 of this act is strictly prohibited.
c. For the purposes of this section, "retail dealer of motor fuels" shall include, but need not be limited to, gasoline service stations and marinas.
3. The Department of the Treasury, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations establishing the uses for which motor fuels with no ethanol may be sold at retail, the reporting requirements for tax and other Department of the Treasury purposes, and any other provisions necessary for the implementation of this act.
4. The Department of Environmental Protection shall enter into with the United States Environmental Protection Agency any memorandum of agreement necessary to maintain the State's compliance with federal laws concerning motor fuels, including the federal "Clean Air Act," 42 U.S.C. s.7401 et seq.
5. This act shall take effect immediately.
STATEMENT
This bill permits retail dealers of motor fuels, which would include gasoline stations and marinas, to sell from designated pumps gasoline, diesel, or other motor fuel that has not been blended with ethanol. The bill prohibits selling of this type of motor fuel for any purposes other than for fueling boats, watercraft, and small engine equipment and tools. The bill is intended to provide the same exemption that was established in Florida by Florida Statute 526.203, and in effect on December 31, 2010.
