Bill Text: PA HB694 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Further providing for Automotive Fuel Testing and Disclosure Program.

Spectrum: Moderate Partisan Bill (Democrat 15-3)

Status: (Introduced - Dead) 2013-02-13 - Referred to AGRICULTURE AND RURAL AFFAIRS [HB694 Detail]

Download: Pennsylvania-2013-HB694-Introduced.html

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PRINTER'S NO. 791

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

694

Session of 2013

 

 

 

INTRODUCED BY MARKOSEK, LONGIETTI, HAGGERTY, HESS, O'BRIEN, READSHAW, BROWNLEE, MCCARTER, KORTZ, CARROLL, D. COSTA, CALTAGIRONE, ROSS, KINSEY, SAINATO, COHEN AND MATZIE, FEBRUARY 13, 2013

 

 

REFERRED TO COMMITEE ON AGRICULTURE AND RURAL AFFAIRS, FEBRUARY 13, 2013

 

 

 

AN ACT

 

Amending Title 3 (Agriculture) of the Pennsylvania Consolidated
Statutes, further providing for Automotive Fuel Testing and
Disclosure Program.

The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:

Section 1. Section 4187.3 of Title 3 of the Pennsylvania 
Consolidated Statutes, added November 1, 2012 (P.L. , No.208), 
is amended to read:

§ 4187.3. Automotive Fuel Testing and Disclosure Program.

(a) Authorization.--The department [may] shall establish and 
implement the Automotive Fuel Testing and Disclosure Program to 
provide for the testing of automotive fuel on a random, 
unannounced basis.

(b) Duties of department.--The department [may] shall 
enforce the provisions of this subchapter and shall have the 
following authority:

(1) Take samples of automotive fuel for testing of its 

octane rating wherever it is offered or exposed for sale or 
use or sold by a retailer in this Commonwealth. When testing 
occurs, it shall be coordinated with the testing required for 
proper volumes of gasoline.

(2) Inspect and test on a random, unannounced basis and 
upon consumer complaint. If the octane rating of a tested 
automotive fuel does not match the octane rating as displayed 
on the fueling dispenser, the automotive fuel sample shall be 
tested in accordance with the methods of the ASTM or other 
test methods adopted by the FTC under the Petroleum Marketing 
Practices Act (Public Law 95-297, 15 U.S.C. § 2801 et seq.) 
to ensure that the motor fuel sample is in compliance with 
the motor fuel specifications of the ASTM.

(3) Maintain records of all inspections.

(4) Inspect the labeling of automotive fuel dispensers
and storage tanks at retail businesses or locations where the
products are sold or offered or exposed for sale or use.

(5) Enter into contractual agreements with qualified
laboratories as a cost-saving measure for the purpose of
analyzing automotive fuel samples, if the octane level of the
automotive fuel is questioned.

(6) Promulgate regulations as necessary for the
enforcement and administration of this subchapter. All
regulations adopted by the FTC under the Petroleum Marketing
Practices Act to govern the certification, disclosure,
posting and labeling of automotive fuel before, on or after
the effective date of this section are adopted as regulations
in this Commonwealth and shall remain in effect unless
subsequently modified by regulations promulgated by the
department.

(c) Sealers of weight and measures.--

(1) The department may enter into agreements with any
city or county for which a sealer has been appointed for the
enforcement of provisions of this subchapter and of rules or
regulations promulgated under this subchapter.

(2) The sealer of a city or county shall have the same
authority and shall perform the same duties within the city
or county as are granted to and imposed upon the department
with respect to the inspection, testing and taking of
automotive fuel samples.

(3) The agreement shall provide that any revenues
generated pursuant to enforcement activities carried out by
the sealer of the city or county shall be retained by the
city or county.

Section 2. This act shall take effect in 60 days.