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Capital IconMinnesota Legislature

HF 634

as introduced - 88th Legislature (2013 - 2014) Posted on 02/18/2013 01:33pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to commerce; weights and measures; clarifying sales from bulk to ensure
compliance with biodiesel fuel mandate; adding a requirement for identical
product pricing; making technical updates to bring state into compliance with
most recent federal fuel standards; modifying E85 requirements; amending
Minnesota Statutes 2012, sections 239.092; 239.751, by adding a subdivision;
239.761, subdivisions 3, 4, 5, 6, 7, 8, 10, 11, 13, 16, 17, by adding a subdivision;
239.77, subdivision 1; 296A.01, subdivision 19.

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

Section 1.

Minnesota Statutes 2012, section 239.092, is amended to read:


239.092 SALE FROM BULK.

(a) Bulk sales of commodities, when the buyer and seller are not both present to
witness the measurement, must be accompanied by a delivery ticket containing the
following information:

(1) the name and address of the person who weighed or measured the commodity;

(2) the date delivered;

(3) the quantity delivered;

(4) the count of individually wrapped packages delivered, if more than one is
included in the quantity delivered;

(5) the quantity on which the price is based, if different than the quantity delivered;
and

(6) the identity of the commodity in the most descriptive terms commercially
practicable, including representations of quality made in connection with the sale.

(b) This section is not intended to conflict with the bulk sale requirements of the
Department of Agriculture. If a conflict occurs, the law and rules of the Department of
Agriculture govern.

(c) Firewood sold or distributed in this state must include delivery ticket information
regarding the harvest locations of the wood by county or counties and state.

(d) Paragraph (c) may be enforced using the authority granted in this chapter or
section 18J.05 or 84D.13.

new text begin (e) Paragraph (a) applies to petroleum products under section 239.051, subdivision
27. For the purposes of paragraph (a), clause (6), the most descriptive terms commercially
practicable include, but are not limited to:
new text end

new text begin (1) motor fuel rating and ethanol content for gasoline as defined by section 296A.01,
subdivision 23; and
new text end

new text begin (2) percentage of biodiesel and grade of diesel for (i) diesel fuel oil as defined by
section 296A.01, subdivision 14; (ii) heating fuel oil, as defined by section 296A.01,
subdivision 26; and (iii) kerosene, as defined by section 296A.01, subdivision 28.
new text end

Sec. 2.

Minnesota Statutes 2012, section 239.751, is amended by adding a subdivision
to read:


new text begin Subd. 9. new text end

new text begin Identical product pricing requirement. new text end

new text begin Product dispensed from a single
storage tank, or from multiple tanks that are joined in such a manner that the product is
commingled while still in the tanks, must be priced identically at each retail dispenser
from which it is offered for sale.
new text end

Sec. 3.

Minnesota Statutes 2012, section 239.761, subdivision 3, is amended to read:


Subd. 3.

Gasoline.

(a) Gasoline that is not blended with ethanol must not be
contaminated with water or other impurities and must comply with ASTM specification
deleted text beginD4814-08bdeleted text endnew text begin D4814-11bnew text end. Gasoline that is not blended with ethanol must also comply with
the volatility requirements in Code of Federal Regulations, title 40, part 80.

(b) After gasoline is sold, transferred, or otherwise removed from a refinery or
terminal, a person responsible for the product:

(1) may blend the gasoline with agriculturally derived ethanol as provided in
subdivision 4;

(2) shall not blend the gasoline with any oxygenate other than denatured,
agriculturally derived ethanol;

(3) shall not blend the gasoline with other petroleum products that are not gasoline
or denatured, agriculturally derived ethanol;

(4) shall not blend the gasoline with products commonly and commercially known
as casinghead gasoline, absorption gasoline, condensation gasoline, drip gasoline, or
natural gasoline; and

(5) may blend the gasoline with a detergent additive, an antiknock additive, or an
additive designed to replace tetra-ethyl lead, that is registered by the EPA.

Sec. 4.

Minnesota Statutes 2012, section 239.761, subdivision 4, is amended to read:


Subd. 4.

Gasoline blended with ethanol; general.

(a) Gasoline may be blended
with 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 deleted text beginD4814-08bdeleted text endnew text begin D4814-11bnew text end, or the gasoline base
stock from which a gasoline-ethanol blend was produced must comply with ASTM
specification deleted text beginD4814-08bdeleted text endnew text begin D4814-11bnew text end; 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. 5.

Minnesota Statutes 2012, section 239.761, subdivision 5, is amended to read:


Subd. 5.

Denatured ethanol.

Denatured ethanol that is to be blended with gasoline
must be agriculturally derived and must comply with ASTM specification deleted text beginD4806-08
deleted text endnew text begin D4806-11anew text end. This includes the requirement that ethanol may be denatured only as specified
in Code of Federal Regulations, title 27, parts 20 and 21.

Sec. 6.

Minnesota Statutes 2012, section 239.761, subdivision 6, is amended to read:


Subd. 6.

Gasoline blended with nonethanol oxygenate.

(a) A person responsible
for the product shall comply with the following requirements:

(1) after July 1, 2000, gasoline containing in excess of one-third of one percent, in
total, of nonethanol oxygenates listed in paragraph (b) must not be sold or offered for
sale at any time in this state; and

(2) after July 1, 2005, gasoline containing any of the nonethanol oxygenates listed in
paragraph (b) must not be sold or offered for sale in this state.

(b) The oxygenates prohibited under paragraph (a) are:

(1) methyl tertiary butyl ether, as defined in section 296A.01, subdivision 34;

(2) ethyl tertiary butyl ether, as defined in section 296A.01, subdivision 18; or

(3) tertiary amyl methyl ether.

(c) Gasoline that is blended with a nonethanol oxygenate must comply with ASTM
specification deleted text beginD4814-08bdeleted text endnew text begin D4814-11bnew text end. Nonethanol oxygenates must not be blended into
gasoline after the gasoline has been sold, transferred, or otherwise removed from a
refinery or terminal.

Sec. 7.

Minnesota Statutes 2012, section 239.761, subdivision 7, is amended to read:


Subd. 7.

Heating fuel oil.

Heating fuel oil must comply with ASTM specification
deleted text beginD396-08bdeleted text endnew text begin D396-12new text end.

Sec. 8.

Minnesota Statutes 2012, section 239.761, subdivision 8, is amended to read:


Subd. 8.

Diesel fuel oil.

Diesel fuel oil must comply with ASTM specification
deleted text beginD975-07bdeleted text endnew text begin D975-11bnew text end.

Sec. 9.

Minnesota Statutes 2012, section 239.761, subdivision 10, is amended to read:


Subd. 10.

Aviation gasoline.

Aviation gasoline must comply with ASTM
specification deleted text beginD910-07adeleted text endnew text begin D910-11new text end.

Sec. 10.

Minnesota Statutes 2012, section 239.761, subdivision 11, is amended to read:


Subd. 11.

Aviation turbine fuel, jet fuel.

Aviation turbine fuel and jet fuel must
comply with ASTM specification deleted text beginD1655-08adeleted text endnew text begin D1655-12new text end.

Sec. 11.

Minnesota Statutes 2012, section 239.761, subdivision 13, is amended to read:


Subd. 13.

E85.

A blend of ethanol and gasoline, containing at least 60 percent
ethanol and not more than 85 percent ethanol, produced for use as a motor fuel in
alternative fuel vehicles as defined in section 296A.01, subdivision 5, must comply with
ASTM specification deleted text beginD5798-07deleted text endnew text begin D5798-11new text end.

Sec. 12.

Minnesota Statutes 2012, section 239.761, subdivision 16, is amended to read:


Subd. 16.

Biodiesel fuel definition.

"Biodiesel fuel" means a renewable,
biodegradable, mono alkyl ester combustible liquid that is derived from agricultural plant
oils or animal fats and that meets American Society for Testing and Materials (ASTM)
specification deleted text beginD6751-08deleted text endnew text begin D6751-11bnew text end for Biodiesel Fuel (B100) Blend Stock for Distillate
Fuels.

Sec. 13.

Minnesota Statutes 2012, section 239.761, subdivision 17, is amended to read:


Subd. 17.

Grade 82 unleaded aviation gasoline.

Grade 82 unleaded aviation
gasoline must comply with ASTM specification deleted text beginD6227-04adeleted text endnew text begin D6227-12new text end.

Sec. 14.

Minnesota Statutes 2012, section 239.761, is amended by adding a subdivision
to read:


new text begin Subd. 18. new text end

new text begin Minimum octane rating. new text end

new text begin The minimum (R+M)/2 octane rating grades for
petroleum products under subdivision 3, 4, 4a, 4b, or 6 shall be no less than the following:
new text end

new text begin (1) regular unleaded 87;
new text end

new text begin (2) midgrade, plus unleaded 89; and
new text end

new text begin (3) premium, super, supreme, high test unleaded 91.
new text end

Sec. 15.

Minnesota Statutes 2012, section 239.77, subdivision 1, is amended to read:


Subdivision 1.

Biodiesel blend and fuel.

(a) "Biodiesel blend" is a blend of diesel
fuel and biodiesel fuel between six percent and 20 percent for on-road and off-road
diesel-fueled vehicle use. Biodiesel blend must comply with ASTM specification
deleted text beginD7467-08deleted text endnew text begin D7467-10new text end.

(b) "Biodiesel fuel" means a renewable, biodegradable, mono alkyl ester combustible
liquid fuel that is derived from agricultural and other plant oils or animal fats and that
meets American Society for Testing and Materials specification deleted text beginD6751-08deleted text endnew text begin D6751-11bnew text end for
Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.

(c) Biodiesel produced from palm oil is not biodiesel fuel for the purposes of this
section, unless the palm oil is contained within waste oil and grease collected within the
United States or Canada.

Sec. 16.

Minnesota Statutes 2012, section 296A.01, subdivision 19, is amended to read:


Subd. 19.

E85.

"E85" means a petroleum product that is a blend of agriculturally
derived denatured ethanol and gasoline or natural gasoline that deleted text begintypicallydeleted text end contains new text beginnot more
than
new text end85 percent ethanol by volume, but at a minimum must contain deleted text begin60deleted text endnew text begin greater than 50
new text end percent ethanol by volume. For the purposes of this chapter, the energy content of E85
will be considered to be 82,000 BTUs per gallon. E85 produced for use as a motor fuel in
alternative fuel vehicles as defined in subdivision 5 must comply with ASTM specification
deleted text beginD5798-07deleted text endnew text begin D5798-11new text end.

Sec. 17. new text beginEFFECTIVE DATE.
new text end

new text begin Sections 1 to 16 are effective the day following final enactment.
new text end