Bill Text: WV HB4035 | 2020 | Regular Session | Introduced
Bill Title: Relating to posting of the alcoholic content of gasoline
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2020-01-08 - To House Technology and Infrastructure [HB4035 Detail]
Download: West_Virginia-2020-HB4035-Introduced.html
WEST virginia legislature
2020 regular session
Introduced
House Bill 4035
By Delegates Howell, Bibby, J. Jeffries, Fast, Waxman, J. Kelly and Cadle
[Introduced January 08, 2020; Referred to the Committee on Technology and Infrastructure then the Judiciary]
A BILL to amend and reenact §47-10-6a of the Code of West Virginia, 1931, as amended, relating to posting of the alcoholic content of gasoline; requiring a warning label when the ethanol content exceeds 10 percent; requiring Commissioner of Labor to create and distribute warning and enforce posting requirement; and providing criminal penalty for failure to post labels.
Be it enacted by the Legislature of West Virginia:
ARTICLE 10. LIQUID FUELS AND LUBRICATING OILS.
§47-10-6a. Posting of the alcoholic content of gasoline.
Any (a) A retail distributor of gasoline who
sells gasoline to which has been added any alcohol, whether methanol, ethanol
or other form of alcohol, shall post upon or near every pump maintained for the
delivery of gasoline to a consumer a prominent notice stating the name of the
alcoholic additive and the percentage it comprises of the gasoline delivered
through the pumps.
(b)(1) The legislature finds that ethanol in gasoline increases water formation, which can then create formic acid and corrode metals, plastics and rubber. Engines built prior to 2001 were not constructed with materials to counteract these harmful effects in larger concentrations. Gasoline that contains more than 15 percent ethanol can also burn hotter than gasoline that contains more than 10 percent ethanol and can cause damage to engines that were not designed for its use.
(2) A retail distributor of gasoline who sells gasoline that contains more than 10 percent ethanol shall on each pump dispensing the gasoline display a warning label provided pursuant to subdivision (3) of this subsection.
(3) The Commissioner of Labor through the division’s Weights and Measures Office create a warning label that reads “Warning” (in 3/4 inch high in bold Ariel font), “Fuel with greater than 10% ethanol (E10) can damage the engines in cars, trucks, motorcycles and other motorized equipment built prior to 2001.” (1/2 inch high in bold Ariel font) The label shall be red-orange with contrasting lettering. The Commissioner shall supply the labels at no cost to each retail distributor of gasoline. A retail distributor of gasoline shall prominently display a label on each pump. The commissioner shall make inspection for the sticker part of the division’s normal inspection.
(4) After June 30, 2020, a retail distributor of gasoline who fails to display a label as required by this section is guilty of a misdemeanor and, upon conviction thereof shall be fined $25 a day for each day of the failure.
NOTE: The purpose of this bill is to require warning labels on gas pumps when the ethanol content of its gasoline exceeds 10 percent.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
