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Minnesota Legislature

Office of the Revisor of Statutes

SF 1069

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - 1st Engrossment

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A bill for an act
relating to motor fuels; requiring notice for unavailability of motor fuels;
providing for a waiver of the penalty for retailers who do not carry ethanol or
biodiesel blends under certain circumstances; amending Minnesota Statutes
2006, sections 239.75, subdivision 1; 239.80, subdivisions 1, 2; proposing coding
for new law in Minnesota Statutes, chapter 239.

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

Section 1.

Minnesota Statutes 2006, section 239.75, subdivision 1, is amended to read:


Subdivision 1.

Inspection to be made.

The director shall:

(1) take samples, free of charge, of petroleum products wherever processed, blended,
held, stored, imported, transferred, offered for sale or use, or sold in Minnesota, limiting
each sample to one-half gallon;

(2) inspect and test petroleum product samples according to the methods of ASTM
or other valid test methods adopted by rule, to determine whether the products comply
with the specifications in section 239.761;

(3) inspect petroleum product storage tanks to ensure that the products are free
from water and impurities;

(4) inspect and test samples submitted to the department by a licensed distributor,
making the test results available to the distributor;

(5) inspect the labeling, price posting, and price advertising of petroleum product
dispensers and advertising signs at businesses or locations where petroleum products are
sold, offered for sale or use, or dispensed into motor vehicles;

(6) maintain records of all inspections and tests according to the records retention
policies of the Department of Administration;

(7) delegate to division personnel, at the director's discretion, any or all of the
responsibilities, duties, and powers in sections 239.75 to 239.80;

(8) publish test data and information to assist persons who use, produce, distribute,
or sell petroleum-based heating and engine fuels;

(9) audit the records of any person responsible for the product to determine
compliance with sections 239.75 to 239.792;

(10) after consulting with the commissioner, grant a temporary exemption from the
gasoline-ethanol blending requirements in section 239.791 if the supply of ethanol is
insufficient to produce gasoline-ethanol blends; deleted text beginand
deleted text end

new text begin (11) after consulting with the commissioner, grant a temporary exemption from the
diesel-biodiesel blending requirements in section 239.77, if the supply of biodiesel is
insufficient to produce diesel-biodiesel blends; and
new text end

deleted text begin (11)deleted text endnew text begin (12)new text end adopt, as an enforcement policy for the division, reasonable margins of
uncertainty for the tests used to determine compliance with the specifications in section
239.761, the oxygen percentages in section 239.791, and the octane requirements in
section 239.792 and apply the margins of uncertainty to only tests performed by the
division, not by adding the margins to uncertainties in tests performed by any person
responsible for the product.

Sec. 2.

new text begin [239.754] NOTIFICATION OF PRODUCT UNAVAILABILITY;
TERMINAL OPERATORS.
new text end

new text begin A person who operates a terminal where petroleum products are loaded into
transport trucks for subsequent distribution, shall notify the director when regular grade
gasoline, number 1 diesel, number 2 diesel, kerosene, heating oil, ethanol, and biodiesel
are physically not available for sale to licensed distributors.
new text end

Sec. 3.

Minnesota Statutes 2006, section 239.80, subdivision 1, is amended to read:


Subdivision 1.

Violations; actions of department.

new text begin(a) new text endThe director, or any
delegated employee shall use the methods in section 239.75 to enforce sections 239.10;
239.101, subdivision 3; 239.761; new text begin239.77; new text end239.79; 239.791; and 239.792.

new text begin (b) The director or any delegated employee may waive a penalty for a violation
under section 239.77 or 239.791 on a retailer when ethanol or biodiesel are not available
at a pipeline or refinery to meet the blending requirements of this chapter, and the terminal
has had ethanol or biodiesel blended products available to the licensed distributor for 20 of
the previous 30 days. The director or delegated employee shall use the reports required
in section 239.754 or other available information in making a determination under this
paragraph. The commissioner shall work with the commissioner of agriculture, biodiesel
producers, ethanol producers, pipeline operators, and terminal operators, to ensure that
biodiesel and ethanol are available for blending at pipeline and refinery terminals where
diesel fuel and gasoline are sold and destined for use in Minnesota.
new text end

Sec. 4.

Minnesota Statutes 2006, section 239.80, subdivision 2, is amended to read:


Subd. 2.

Penalty.

A person who fails to comply with any provision of section
239.10; 239.101, subdivision 3; 239.761; new text begin239.77; new text end239.79; 239.791, subdivisions 1 to 11;
or 239.792, is guilty of a misdemeanor.