Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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HF 752

House File 752 - Introduced

HOUSE FILE

BY COMMITTEE ON AGRICULTURE
(SUCCESSOR TO HF 445)

Passed House, Date Passed Senate, Date

Vote: Ayes Nays Vote: Ayes Nays

Approved


A BILL FOR
1 An Act relating to renewable fuel, by providing for labeling

2 requirements, and providing for the extension of a tax credit.

3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

4 TLSB 2307HV 83

5 da/nh/8

House File 752 - Introduced continued


PAG LIN

1 1 Section 1. Section 214A.2, subsection 5, Code 2009, is

1 2 amended to read as follows:

1 3 5. Ethanol blended gasoline shall be designated E=xx where

1 4 "xx" is the volume percent of ethanol in the ethanol blended

1 5 gasoline and biodiesel fuel shall be designated B=xx where

1 6 "xx" is the volume percent of biodiesel.

1 7 Sec. 2. Section 214A.3, subsection 2, paragraph b,

1 8 subparagraph (2), Code 2009, is amended to read as follows:

1 9 (2) Biodiesel fuel shall be designated according to its


1 10 classification as provided in section 214A.2. A person shall

1 11 not knowingly falsely advertise biodiesel blended fuel by

1 12 using an inaccurate designation in violation of this


1 13 subparagraph its classification as provided in section 214A.2.

1 14 Sec. 3. Section 214A.5, Code 2009, is amended to read as

1 15 follows:

1 16 214A.5 SALES SLIP ON DEMAND DOCUMENTATION.

1 17 1. A wholesale dealer or retail dealer shall, when making

1 18 a sale of motor fuel, give to a purchaser upon demand a sales

1 19 slip.

1 20 2. A wholesale dealer selling ethanol blended gasoline or



1 21 biodiesel blended fuel to a purchaser shall provide the

1 22 purchaser with a statement indicating its designation as

1 23 provided in section 214A.2. The statement may be on the sales

1 24 slip provided in this section or a similar document, including

1 25 but not limited to a bill of lading or invoice.

1 26 Sec. 4. Section 214A.16, subsection 1, Code 2009, is

1 27 amended to read as follows:

1 28 1. a. If motor fuel containing a renewable fuel ethanol


1 29 blended gasoline is sold from a motor fuel pump, the pump

1 30 shall have affixed a decal identifying the name of the


1 31 renewable fuel ethanol blended gasoline. The decal shall be

1 32 different based on the type of renewable fuel dispensed. If

1 33 the motor fuel pump dispenses ethanol blended gasoline

1 34 classified as higher than standard ethanol blended gasoline

1 35 pursuant to section 214A.2, the decal shall contain the


House File 752 - Introduced continued
2 1 following notice: "FOR FLEXIBLE FUEL VEHICLES ONLY".

2 2 b. If biodiesel fuel is sold from a motor fuel pump, the



2 3 pump shall have affixed a decal identifying the biodiesel fuel

2 4 as provided in 16 C.F.R. pt. 306.

2 5 Sec. 5. Section 422.11P, subsection 6, Code 2009, is

2 6 amended to read as follows:

2 7 6. This section is repealed January 1, 2012 2015.

2 8 Sec. 6. Section 422.33, subsection 11C, paragraph d, Code

2 9 2009, is amended to read as follows:

2 10 d. This subsection is repealed on January 1, 2012 2015.

2 11 Sec. 7. Section 452A.12, subsection 2, Code 2009, is

2 12 amended to read as follows:

2 13 2. A person while transporting motor fuel or undyed

2 14 special fuel from a refinery or marine or pipeline terminal in

2 15 this state or from a point outside this state over the

2 16 highways of this state in service other than that under

2 17 subsection 1 shall carry in the vehicle a loading invoice

2 18 showing the name and address of the seller or consignor, the

2 19 date and place of loading, and the kind and quantity of motor

2 20 fuel or special fuel loaded, together with invoices showing

2 21 the kind and quantity of each delivery and the name and

2 22 address of each purchaser or consignee. An invoice carried


2 23 pursuant to this subsection for ethanol blended gasoline or

2 24 biodiesel blended fuel shall state its designation as provided

2 25 in section 214A.2.

2 26 Sec. 8. 2006 Iowa Acts, chapter 1142, section 49,

2 27 subsection 5, is amended to read as follows:

2 28 5. For a retail dealer who may claim a biodiesel blended

2 29 fuel tax credit under section 422.11P or 422.33, subsection

2 30 11C, as enacted in this Act, in calendar year 2011 2014 and

2 31 whose tax year ends prior to December 31, 2011 2014, the

2 32 retail dealer may continue to claim the tax credit in the

2 33 retail dealer's following tax year. In that case, the tax

2 34 credit shall be calculated in the same manner as provided in

2 35 section 422.11P or 422.33, subsection 11C, as enacted in this
House File 752 - Introduced continued

3 1 Act, for the remaining period beginning on the first day of

3 2 the retail dealer's new tax year until December 31, 2011 2014.

3 3 For that remaining period, the tax credit shall be calculated

3 4 in the same manner as a retail dealer whose tax year began on

3 5 the previous January 1 and who is calculating the tax credit

3 6 on December 31, 2011 2014.

3 7 EXPLANATION

3 8 This bill applies to the sale or distribution of renewable

3 9 fuel as regulated by the department of agriculture and land

3 10 stewardship under Code chapter 214A, and specifically ethanol

3 11 blended fuel (designated as E=xx where "xx" is the volume

3 12 percent of ethanol contained in ethanol blended gasoline and

3 13 B=xx where "xx" is the volume percent of biodiesel contained

3 14 in biodiesel blended fuel). The bill requires a motor fuel

3 15 distributor to state on an invoice or other document the

3 16 renewable fuel designation.

3 17 The bill provides that a retail dealer who sells biodiesel

3 18 fuel must affix a decal to the motor fuel pump identifying the

3 19 biodiesel fuel when it contains a certain percentage of

3 20 biodiesel (e.g., B=5) as provided by federal law, and

3 21 specifically regulations adopted by the federal trade

3 22 commission. The bill eliminates a state requirement that

3 23 provides for the general labeling of biodiesel fuel sold at

3 24 motor fuel pumps that contain any biodiesel.

3 25 The bill amends provisions creating a biodiesel blended

3 26 fuel tax credit available to a retail dealer of biodiesel

3 27 blended fuel during each tax year until the tax credit expires

3 28 on January 1, 2012. The bill extends the expiration date

3 29 until January 1, 2015.

3 30 LSB 2307HV 83

3 31 da/nh/8





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