Bill Text: OR HB2827 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to additives to biodiesel fuel; and declaring an emergency.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2011-06-07 - Chapter 243, (2011 Laws): Effective date June 7, 2011. [HB2827 Detail]

Download: Oregon-2011-HB2827-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 1998

                         House Bill 2827

Sponsored by Representative WHISNANT (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Repeals sunset of provisions permitting sales of diesel fuel
containing additives.
  Declares emergency, effective March 1, 2011.

                        A BILL FOR AN ACT
Relating to additives to biodiesel fuel; creating new provisions;
  amending ORS 646.922; repealing section 7, chapter 55, Oregon
  Laws 2010; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 7, chapter 55, Oregon Laws 2010, is
repealed. + }
  SECTION 2. ORS 646.922, as amended by sections 2 and 5, chapter
55, Oregon Laws 2010, is amended to read:
  646.922. (1) A retail dealer, nonretail dealer or wholesale
dealer may not sell or offer for sale diesel fuel unless the
diesel fuel contains at least two percent biodiesel by volume.
  (2) Two months after the date of the notice given under ORS
646.921 (2), a retail dealer, nonretail dealer or wholesale
dealer may not sell or offer for sale diesel fuel unless the
diesel fuel contains at least five percent biodiesel by volume.
Diesel fuel containing more than five percent biodiesel by volume
must be labeled as provided by the State Department of
Agriculture by rule.
   { +  (3) A retail dealer, nonretail dealer or wholesale dealer
may sell or offer for sale diesel fuel that otherwise meets the
requirements of subsections (1) and (2) of this section and rules
adopted pursuant to ORS 646.957 but to which there have been
added substances to prevent congealing or gelling of diesel fuel
containing biodiesel, without violating the requirements of
subsections (1) and (2) of this section and rules adopted
pursuant to ORS 646.957. This subsection applies only to diesel
fuel sold or offered for sale during the period from October 1 of
any year to February 28 of the following year. + }
    { - (3) - }   { + (4) + } The department shall adopt
standards for biodiesel or other renewable diesel sold in this
state. The department shall consult the specifications
established for biodiesel or other renewable diesel by ASTM
International in forming its standards.  The department may
review specifications adopted by ASTM International, or
equivalent organizations, and revise the standards adopted
pursuant to this subsection as necessary.
    { - (4) - }   { + (5) + } The minimum biodiesel fuel content
requirements under subsections (1) and (2) of this section do not
apply to diesel fuel sold or offered for sale for use by railroad
locomotives, marine engines or home heating.
  SECTION 3. ORS 646.922, as amended by section 3, chapter 752,
Oregon Laws 2009, and sections 3 and 6, chapter 55, Oregon Laws
2010, is amended to read:
  646.922. (1) A retail dealer, nonretail dealer or wholesale
dealer may not sell or offer for sale diesel fuel unless the
diesel fuel contains at least two percent biodiesel by volume or
other renewable diesel with at least two percent renewable
component by volume.
  (2) Two months after the date of the notice given under ORS
646.921 (2), a retail dealer, nonretail dealer or wholesale
dealer may not sell or offer for sale diesel fuel unless the
diesel fuel contains at least five percent biodiesel by volume or
other renewable diesel with at least five percent renewable
component by volume. Diesel fuel containing more than five
percent biodiesel by volume or other renewable diesel with more
than five percent renewable component by volume must be labeled
as provided by the State Department of Agriculture by rule.
   { +  (3) A retail dealer, nonretail dealer or wholesale dealer
may sell or offer for sale diesel fuel that otherwise meets the
requirements of subsections (1) and (2) of this section and rules
adopted pursuant to ORS 646.957 but to which there have been
added substances to prevent congealing or gelling of diesel fuel
containing biodiesel or other renewable diesel, without violating
the requirements of subsections (1) and (2) of this section and
rules adopted pursuant to ORS 646.957. This subsection applies
only to diesel fuel sold or offered for sale during the period
from October 1 of any year to February 28 of the following
year. + }
    { - (3) - }   { + (4) + } The department shall adopt
standards for biodiesel or other renewable diesel sold in this
state. The department shall consult the specifications
established for biodiesel or other renewable diesel by ASTM
International in forming its standards.  The department may
review specifications adopted by ASTM International, or
equivalent organizations, and revise the standards adopted
pursuant to this subsection as necessary.
    { - (4) - }   { + (5) + } The minimum biodiesel fuel content
 { - or - }   { + and + } renewable component in other renewable
diesel requirements under subsections (1) and (2) of this section
do not apply to diesel fuel sold or offered for sale for use by
railroad locomotives, marine engines or home heating.
  SECTION 4.  { + If this 2011 Act does not become effective
until after March 1, 2011, the repeal of section 7, chapter 55,
Oregon Laws 2010, by section 1 of this 2011 Act revives the
amendments to ORS 646.922 by section 2, chapter 55, Oregon Laws
2010, and the amendments to ORS 646.922 by section 3, chapter
752, Oregon Laws 2009, and section 3, chapter 55, Oregon Laws
2010. If this 2011 Act does not become effective until after
March 1, 2011, this 2011 Act shall be operative retroactively to
that date, and the operation and effect of the amendments to ORS
646.922 by section 2, chapter 55, Oregon Laws 2010, and the
amendments to ORS 646.922 by section 3, chapter 752, Oregon Laws
2009, and section 3, chapter 55, Oregon Laws 2010, shall continue
unaffected from March 1, 2011, to the effective date of this 2011
Act and thereafter.  Any otherwise lawful action taken or
otherwise lawful obligation incurred under the authority of the
amendments to ORS 646.922 by section 2, chapter 55, Oregon Laws
2010, and the amendments to ORS 646.922 by section 3, chapter
752, Oregon Laws 2009, and section 3, chapter 55, Oregon Laws
2010, after March 1, 2011, and before the effective date of this
2011 Act, is ratified and approved. + }

  SECTION 5.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect March 1,
2011. + }
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