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Capital IconMinnesota Legislature

HF 223

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to agriculture; increasing minimum ethanol
content required for gasoline sold in the state;
amending Minnesota Statutes 2004, sections 239.761,
subdivision 4; 239.791, subdivision 1; 296A.01,
subdivisions 2, 25.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 239.761,
subdivision 4, is amended to read:


Subd. 4.

Gasoline blended with ethanol.

(a) Gasoline may
be blended with up to deleted text begin ten deleted text end new text begin 20 new text end percent, by volume, agriculturally
derived, denatured ethanol that complies with the requirements
of subdivision 5.

(b) A gasoline-ethanol blend must:

(1) comply with the volatility requirements in Code of
Federal Regulations, title 40, part 80;

(2) comply with ASTM specification D4814-01, or the
gasoline base stock from which a gasoline-ethanol blend was
produced must comply with ASTM specification D4814-01; and

(3) not be blended with casinghead gasoline, absorption
gasoline, condensation gasoline, drip gasoline, or natural
gasoline after the gasoline-ethanol blend has been sold,
transferred, or otherwise removed from a refinery or terminal.

Sec. 2.

Minnesota Statutes 2004, section 239.791,
subdivision 1, is amended to read:


Subdivision 1.

Minimum ethanol content required.

(a)
Except as provided in subdivisions 10 to 14, a person
responsible for the product shall ensure that all gasoline sold
or offered for sale in Minnesota must containnew text begin :
new text end

new text begin (1) new text end at least deleted text begin 10.0 deleted text end new text begin ten new text end percent denatured ethanol by volumenew text begin ;
and
new text end

new text begin (2) at least 20 percent denatured ethanol by volume
beginning the earlier of:
new text end

new text begin (i) January 1, 2010; or
new text end

new text begin (ii) 60 days after the governor publishes notice in the
State Register that at least 50 percent of the new model
automobiles offered for sale in the state are warrantied for
fuel with 20 percent ethanol by volume
new text end .

(b) For purposes of enforcing the minimum ethanol
requirement of paragraph (a), new text begin clause (1),new text end a gasoline/ethanol
blend will be construed to be in compliance if the ethanol
content, exclusive of denaturants and permitted contaminants,
comprises not less than 9.2 percent by volume and not more than
deleted text begin 10.0 deleted text end new text begin ten new text end percent by volume of the blend as determined by an
appropriate United States Environmental Protection Agency or
American Society of Testing Materials standard method of
analysis of alcohol/ether content in motor fuels.

new text begin (c) For purposes of enforcing the minimum ethanol
requirement of paragraph (a), clause (2), a gasoline/ethanol
blend will be construed to be in compliance if the ethanol
content, exclusive of denaturants and permitted contaminants,
comprises not less than 18.4 percent by volume and not more than
20 percent by volume of the blend as determined by an
appropriate United States Environmental Protection Agency or
American Society of Testing Materials standard method of
analysis of alcohol/ether content in motor fuels.
new text end

Sec. 3.

Minnesota Statutes 2004, section 296A.01,
subdivision 2, is amended to read:


Subd. 2.

Agricultural alcohol gasoline.

"Agricultural
alcohol gasoline" means a gasoline-ethanol blend of up to deleted text begin ten deleted text end new text begin 20
new text end percent agriculturally derived fermentation ethanol derived from
agricultural products, such as potatoes, cereal, grains, cheese
whey, sugar beets, forest products, or other renewable
resources, that:

(1) meets the specifications in ASTM specification
D4806-01; and

(2) is denatured as specified in Code of Federal
Regulations, title 27, parts 20 and 21.

Sec. 4.

Minnesota Statutes 2004, section 296A.01,
subdivision 25, is amended to read:


Subd. 25.

Gasoline blended with ethanol.

"Gasoline
blended with ethanol" means gasoline blended with up to deleted text begin ten deleted text end new text begin 20
new text end percent, by volume, agriculturally derived, denatured ethanol.
The blend must comply with the volatility requirements in Code
of Federal Regulations, title 40, part 80. The blend must also
comply with ASTM specification D4814-01, or the gasoline base
stock from which a gasoline-ethanol blend was produced must
comply with ASTM specification D4814-01; and the
gasoline-ethanol blend must not be blended with casinghead
gasoline, absorption gasoline, condensation gasoline, drip
gasoline, or natural gasoline after the gasoline-ethanol blend
has been sold, transferred, or otherwise removed from a refinery
or terminal. The blend need not comply with ASTM specification
D4814-01 if it is subjected to a standard distillation test.
For a distillation test, a gasoline-ethanol blend is not
required to comply with the temperature specification at the 50
percent liquid recovery point, if the gasoline from which the
gasoline-ethanol blend was produced complies with all of the
distillation specifications.