SF 2010

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to weights and measures; updating standards
and making other technical changes to weights and
measures provisions; authorizing Petroleum Tank
Release Compensation Board to adopt rules for
consultant services; amending Minnesota Statutes 2004,
sections 41A.09, subdivision 2a; 115C.07, subdivision
3; 239.011, subdivision 2; 239.05, subdivision 10b, by
adding a subdivision; 239.09; 239.75, subdivisions 1,
5; 239.761; 239.77, by adding a subdivision; 239.79,
subdivision 4; 239.791, subdivisions 1, 7, 8, 15;
239.792; 296A.01, subdivisions 2, 7, 8, 14, 19, 20,
22, 23, 24, 25, 26, 28; repealing Minnesota Statutes
2004, section 239.05, subdivisions 6a, 6b.

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

Section 1.

Minnesota Statutes 2004, section 41A.09,
subdivision 2a, is amended to read:

Subd. 2a.

Definitions.

For the purposes of this section,
the terms defined in this subdivision have the meanings given
them.

(a) "Ethanol" means fermentation ethyl alcohol derived from
agricultural products, including potatoes, cereal grains, cheese
whey, and sugar beets; forest products; or other renewable
resources, including residue and waste generated from the
production, processing, and marketing of agricultural products,
forest products, and other renewable resources, that:

(1) meets all of the specifications in ASTM specification
deleted text begin D4806-01 deleted text end new text begin D4806-04a new text end ; and

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

(b) "Ethanol plant" means a plant at which ethanol is
produced.

(c) "Commissioner" means the commissioner of agriculture.

Sec. 2.

Minnesota Statutes 2004, section 115C.07,
subdivision 3, is amended to read:

Subd. 3.

Rules.

(a) The board shall adopt rules
regarding its practices and procedures, the form and procedure
for applications for compensation from the fund, procedures for
investigation of claims and specifying the costs that are
eligible for reimbursement from the fund.

(b) The board may adopt rules requiring certification of
environmental consultants.

(c) The board may adopt other rules necessary to implement
this chapter.

new text begin (d) The board may use section 14.389 to adopt rules
specifying the competitive bidding requirements for consultant
services proposals.
new text end

new text begin (e) The board may use section 14.389 to adopt rules
specifying the written proposal and invoice requirements for
consultant services.
new text end

Sec. 3.

Minnesota Statutes 2004, section 239.011,
subdivision 2, is amended to read:

Subd. 2.

Duties and powers.

To carry out the
responsibilities in section 239.01 and subdivision 1, the
director:

(1) shall take charge of, keep, and maintain in good order
the standard of weights and measures of the state and keep a
seal so formed as to impress, when appropriate, the letters
"MINN" and the date of sealing upon the weights and measures
that are sealed;

(2) has general supervision of the weights, measures, and
weighing and measuring devices offered for sale, sold, or in use
in the state;

(3) shall maintain traceability of the state standards to
the national standards of the National Institute of Standards
and Technology;

(4) shall enforce this chapter;

(5) shall grant variances from department rules, within the
limits set by rule, when appropriate to maintain good commercial
practices or when enforcement of the rules would cause undue
hardship;

(6) shall conduct investigations to ensure compliance with
this chapter;

(7) may delegate to division personnel the
responsibilities, duties, and powers contained in this section;

(8) shall test annually, and approve when found to be
correct, the standards of weights and measures used by the
division, by a town, statutory or home rule charter city, or
county within the state, or by a person using standards to
repair, adjust, or calibrate commercial weights and measures;

(9) shall inspect and test weights and measures kept,
offered, or exposed for sale;

(10) shall inspect and test, to ascertain if they are
correct, weights and measures commercially used to:

(i) determine the weight, measure, or count of commodities
or things sold, offered, or exposed for sale, on the basis of
weight, measure, or count; and

(ii) compute the basic charge or payment for services
rendered on the basis of weight, measure, or count;

(11) shall approve for use and mark weights and measures
that are found to be correct;

(12) shall reject, and mark as rejected, weights and
measures that are found to be incorrect and may seize them if
those weights and measures:

(i) are not corrected within the time specified by the
director;

(ii) are used or disposed of in a manner not specifically
authorized by the director; or

(iii) are found to be both incorrect and not capable of
being made correct, in which case the director shall condemn
those weights and measures;

(13) shall weigh, measure, or inspect packaged commodities
kept, offered, or exposed for sale, sold, or in the process of
delivery, to determine whether they contain the amount
represented and whether they are kept, offered, or exposed for
sale in accordance with this chapter and department rules. In
carrying out this section, the director must employ recognized
sampling procedures, such as those contained in National
Institute of Standards and Technology Handbook 133, "Checking
the Net Contents of Packaged Goods";

(14) shall prescribe the appropriate term or unit of weight
or measure to be used for a specific commodity when an existing
term or declaration of quantity does not facilitate value
comparisons by consumers, or creates an opportunity for consumer
confusion;

(15) shall allow reasonable variations from the stated
quantity of contents, including variations caused by loss or
gain of moisture during the course of good distribution practice
or by unavoidable deviations in good manufacturing practice,
only after the commodity has entered commerce within the state;

(16) shall inspect and test petroleum products in
accordance with this chapter and chapter 296A;

(17) shall distribute and post notices for used motor oil
and used motor oil filters and lead acid battery recycling in
accordance with sections 239.54, 325E.11, and 325E.115;

(18) shall collect inspection fees in accordance with
sections 239.10 and 239.101; and

(19) shall provide metrological services and support to
businesses and individuals in the United States who wish to
market products and services in the member nations of the
European Economic Community, and other nations outside of the
United States by:

(i) meeting, to the extent practicable, the measurement
quality assurance standards described in the International
Standards Organization ISO deleted text begin 9000, Guide 25 deleted text end new text begin 17025 new text end ;

(ii) maintaining, to the extent practicable, certification
of the metrology laboratory by deleted text begin a governing body appointed by the
European Economic Community deleted text end new text begin an internationally accepted
accrediting body such as the National Voluntary Laboratory
Accreditation Program (NVLAP) new text end ; and

(iii) providing calibration and consultation services to
metrology laboratories in government and private industry in the
United States.

Sec. 4.

Minnesota Statutes 2004, section 239.05, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Automotive fuel. new text end

new text begin For the purpose of enforcing
the gasoline octane requirements in section 239.792, "automotive
fuel" has the meaning given it in Code of Federal Regulations,
title 16, section 306.0.
new text end

Sec. 5.

Minnesota Statutes 2004, section 239.05,
subdivision 10b, is amended to read:

Subd. 10b.

deleted text begin oxygenate deleted text end new text begin ethanol new text end blender.

" deleted text begin Oxygenate deleted text end new text begin Ethanol
new text end blender" means a person who deleted text begin has registered with the division to
blend and distribute, transport, sell, or offer deleted text end new text begin blends and
distributes, transports, sells, or offers new text end to sell gasoline
containing deleted text begin a minimum of 2.0 percent, and an average of 2.7 deleted text end new text begin ten
new text end percent deleted text begin oxygen deleted text end new text begin ethanol new text end by deleted text begin weight deleted text end new text begin volume new text end .

Sec. 6.

Minnesota Statutes 2004, section 239.09, is
amended to read:

239.09 SPECIAL POLICE POWERS.

When necessary to enforce this chapter or rules adopted
under the authority granted by section 239.06, the director is:

(1) authorized and empowered to arrest, without formal
warrant, any violator of sections 325E.11 and 325E.115 or of the
statute in relation to weights and measures;

(2) empowered to seize for use as evidence and without
formal warrant, any false weight, measure, weighing or measuring
device, package, or commodity found to be used, retained, or
offered or exposed for sale or sold in violation of law;

(3) during normal business hours, authorized to enter
commercial premises;

(4) if the premises are not open to the public, authorized
to enter commercial premises only after presenting credentials
and obtaining consent or after obtaining a search warrant;

(5) empowered to issue stop-use, hold, and removal orders
with respect to weights and measures commercially used, and
packaged commodities or bulk commodities kept, offered, or
exposed for sale, that do not comply with the weights and
measures laws; deleted text begin and
deleted text end

(6) empowered, upon reasonable suspicion of a violation of
the weights and measures laws, to stop a commercial vehicle and,
after presentation of credentials, inspect the contents of the
vehicle, require that the person in charge of the vehicle
produce documents concerning the contents, and require the
person to proceed with the vehicle to some specified place for
inspection new text begin ; and
new text end

new text begin (7) empowered, after written warning, to issue citations of
not less than $100 and not more than $500 to a person who
violates any provision of this chapter, any provision of the
rules adopted under the authority contained in this chapter, or
any provision of statutes enforced by the division of weights
and measures new text end .

Sec. 7.

Minnesota Statutes 2004, 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 deleted text begin :
deleted text end

deleted text begin (i) two-tenths of one deleted text end new text begin one-half new text end gallon deleted text begin , except when an
octane test is planned; or
deleted text end

deleted text begin (ii) seven-tenths of one gallon for an octane test deleted text end ;

(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 deleted text begin octane deleted text end test data and information to assist
persons who new text begin use, new text end produce deleted text begin and deleted text end new text begin , distribute, or new text end sell deleted text begin gasoline and
gasoline-oxygenate blends deleted text end new text begin petroleum-based heating and engine
fuels new text end ;

(9) deleted text begin register gasoline-oxygenate blenders according to the
requirements of the EPA;
deleted text end

deleted text begin (10) deleted text end audit the records of any person responsible for the
product to determine compliance with sections 239.75 to 239.792;

deleted text begin (11) deleted text end new text begin (10) new text end after consulting with the commissioner deleted text begin of the
Pollution Control Agency deleted text end , grant a temporary exemption from the
deleted text begin oxygenated gasoline deleted text end new text begin gasoline-ethanol blending new text end requirements in
section 239.791 if the supply of deleted text begin oxygenate deleted text end new text begin ethanol new text end is
insufficient to produce deleted text begin gasoline-oxygenate deleted text end new text begin gasoline-ethanol
new text end blends deleted text begin during an EPA-designated carbon monoxide control period deleted text end ;
and

deleted text begin (12) deleted text end new text begin (11) 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. 8.

Minnesota Statutes 2004, section 239.75,
subdivision 5, is amended to read:

Subd. 5.

Product quality, responsibility.

After a
deleted text begin gasoline product deleted text end new text begin petroleum-based engine fuel new text end is purchased,
transferred, or otherwise removed from a refinery or terminal,
the person responsible for the product shall:

(1) keep the product free from contamination with water and
impurities;

(2) not blend the product with dissimilar petroleum
products, for example, gasoline must not be blended with diesel
fuel;

(3) not blend the product with any contaminant, dye,
chemical, or additive, except:

(i) agriculturally derived, denatured ethanol that complies
with the specifications in this chapter;

(ii) an antiknock additive, or an additive designed to
replace tetra-ethyl lead, that is registered by the EPA; or

(iii) a dye to distinguish heating fuel from low sulfur
diesel fuel; and

(4) maintain a record of the name or chemical composition
of the additive, with the product shipping manifest or bill of
lading for one year after the date of the manifest or bill.

Sec. 9.

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

239.761 PETROLEUM PRODUCT SPECIFICATIONS.

Subdivision 1.

Applicability.

A person responsible for
the product must meet the specifications in this section. The
specifications apply to petroleum products processed, held,
stored, imported, transferred, distributed, offered for
distribution, offered for sale or use, or sold in Minnesota.

Subd. 2.

Coordination with departments of revenue and
agriculture.

The petroleum product specifications in this
section are intended to match the definitions and specifications
in sections 41A.09 and 296A.01. Petroleum products named in
this section are defined in section 296A.01.

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 begin D4814-01 deleted text end new text begin D4814-04a new 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.

Subd. 4.

Gasoline blended with ethanol.

(a) Gasoline may
be blended with up to ten 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 deleted text begin D4814-01 deleted text end new text begin D4814-04a new text end , or
the gasoline base stock from which a gasoline-ethanol blend was
produced must comply with ASTM specification deleted text begin D4814-01 deleted text end new text begin D4814-04a new 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.

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 begin D4806-01 deleted text end new text begin D4806-04a new 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.

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 begin D4814-01 deleted text end new text begin D4814-04a new 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.

Subd. 7.

Heating fuel oil.

Heating fuel oil must comply
with ASTM specification deleted text begin D396-01 deleted text end new text begin D396-02a new text end .

Subd. 8.

Diesel fuel oil.

Diesel fuel oil must comply
with ASTM specification deleted text begin D975-01a deleted text end new text begin D975-04b, except that diesel
fuel oil is not required to meet the diesel lubricity standard
until the date that the biodiesel fuel requirement in section
239.77, subdivision 2, becomes effective or December 31, 2005,
whichever comes first new text end .

Subd. 9.

Kerosene.

Kerosene must comply with ASTM
specification deleted text begin D3699-01 deleted text end new text begin D3699-03 new text end .

Subd. 10.

Aviation gasoline.

Aviation gasoline must
comply with ASTM specification deleted text begin D910-00 deleted text end new text begin D910-04 new text end .

Subd. 11.

Aviation turbine fuel, jet fuel.

Aviation
turbine fuel and jet fuel must comply with ASTM specification
deleted text begin D1655-01 deleted text end new text begin D1655-04 new text end .

Subd. 12.

Gas turbine fuel oil.

Fuel oil for use in
nonaviation gas turbine engines must comply with ASTM
specification deleted text begin D2880-00 deleted text end new text begin D2880-03 new text end .

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 D5798-99 new text begin (2004) new text end .

Subd. 14.

M85.

A blend of methanol and gasoline,
containing at least 85 percent methanol, produced for use as a
motor fuel in alternative fuel vehicles as defined in section
296A.01, subdivision 5, must comply with ASTM specification
D5797-96.

Sec. 10.

Minnesota Statutes 2004, section 239.77, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Disclosure. new text end

new text begin A refinery or terminal shall
provide, at the time diesel fuel is sold or transferred from the
refinery or terminal, a bill of lading or shipping manifest to
the person who receives the fuel. For biodiesel-blended
product, the bill of lading or shipping manifest must disclose
biodiesel content, stating volume percentage, or gallons of
biodiesel per gallons of petroleum diesel base-stock, or an ASTM
"Bxx" designation where "xx" denotes the volume percent
biodiesel included in the blended product. This subdivision
does not apply to sales or transfers of biodiesel blend stock
between refineries, between terminals, or between a refinery and
a terminal.
new text end

Sec. 11.

Minnesota Statutes 2004, section 239.79,
subdivision 4, is amended to read:

Subd. 4.

Sale of certain petroleum products on gross
volume basis.

A person responsible for the products listed in
this subdivision shall transfer, ship, distribute, offer for
distribution, sell, or offer to sell the products by volume.
Volumetric measurement of the product must not be temperature
compensated, or adjusted by any other factor. This subdivision
applies to gasoline, number one and number two diesel fuel oils,
number one and number two heating fuel oils, kerosene, denatured
ethanol deleted text begin that is to be blended into gasoline, and an oxygenate
that is to be blended into gasoline deleted text end new text begin , and biodiesel new text end . This
subdivision does not apply to the measurement of petroleum
products transferred, sold, or traded between refineries,
between refineries and terminals, or between terminals.

Sec. 12.

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 contain at least 10.0
percent denatured ethanol by volume.

(b) For purposes of enforcing the minimum ethanol
requirement of paragraph (a), 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 10.0 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 deleted text begin motor deleted text end new text begin engine new text end fuels.

Sec. 13.

Minnesota Statutes 2004, section 239.791,
subdivision 7, is amended to read:

Subd. 7.

deleted text begin oxygenate deleted text end new text begin ethanol new text end records; state audit.

The
director shall audit the records of registered deleted text begin oxygenate deleted text end new text begin ethanol
new text end blenders to ensure that each blender has met all requirements in
this chapter. Specific information or data relating to sales
figures or to processes or methods of production unique to the
blender or that would tend to adversely affect the competitive
position of the blender must be only for the confidential use of
the director, unless otherwise specifically authorized by the
registered blender.

Sec. 14.

Minnesota Statutes 2004, section 239.791,
subdivision 8, is amended to read:

Subd. 8.

Disclosure.

A refinery or terminal, shall
provide, at the time gasoline is sold or transferred from the
refinery or terminal, a bill of lading or shipping manifest to
the person who receives the gasoline. For oxygenated gasoline,
the bill of lading or shipping manifest must include the
identity and the volume percentage or gallons of oxygenate
included in the gasoline, and it must state: "This fuel
contains an oxygenate. Do not blend this fuel with ethanol or
with any other oxygenate." deleted text begin For nonoxygenated gasoline sold or
transferred before October 1, 1997, the bill or manifest must
state: "This fuel must not be sold at retail in a carbon
monoxide control area." deleted text end For nonoxygenated gasoline sold or
transferred after September 30, 1997, the bill or manifest must
state: "This fuel is not oxygenated. It must not be sold at
retail in Minnesota." This subdivision does not apply to sales
or transfers of gasoline between refineries, between terminals,
or between a refinery and a terminal.

Sec. 15.

Minnesota Statutes 2004, section 239.791,
subdivision 15, is amended to read:

Subd. 15.

Exemption for certain blend pumps.

new text begin (a) new text end A
person responsible for the product, who offers for sale, sells,
or dispenses nonoxygenated premium gasoline under one or more of
the exemptions in subdivisions 10 to 14, may sell, offer for
sale, or dispense oxygenated gasoline that contains less than
the minimum amount of ethanol required under subdivision 1 if
all of the following conditions are met:

(1) the blended gasoline has an octane rating of 88 or
greater;

(2) the gasoline is a blend of oxygenated gasoline meeting
the requirements of subdivision 1 with nonoxygenated premium
gasoline;

(3) the blended gasoline contains not more than ten percent
nonoxygenated premium gasoline;

(4) the blending of oxygenated gasoline with nonoxygenated
gasoline occurs within the gasoline dispenser; and

(5) the gasoline station at which the gasoline is sold,
offered for sale, or delivered is equipped to store gasoline in
not more than two storage tanks.

new text begin (b) new text end This subdivision applies only to those persons who meet
the conditions in new text begin paragraph (a), new text end clauses (1) through (5) new text begin , new text end on deleted text begin the
effective date of this act deleted text end new text begin August 1, 2004, new text end and have registered
with the director within three months of deleted text begin the effective deleted text end new text begin that new text end date
deleted text begin of this act deleted text end .

Sec. 16.

Minnesota Statutes 2004, section 239.792, is
amended to read:

239.792 deleted text begin GASOLINE OCTANE deleted text end new text begin AUTOMOTIVE FUEL RATINGS,
CERTIFICATION, AND POSTING new text end .

Subdivision 1.

deleted text begin disclosure deleted text end new text begin duties of refiners, importers,
and producers new text end .

A deleted text begin manufacturer, hauler, blender, agent, jobber,
consignment agent deleted text end new text begin refiner new text end , importer, or deleted text begin distributor who sells,
delivers, or distributes gasoline or gasoline-oxygenate blends,
shall provide, at the time of delivery, a bill of lading or
shipping manifest to the person who receives the gasoline. The
bill or manifest must state the minimum octane of the gasoline
delivered. The stated octane number must be the average of the
"motor method" octane number and the "research method" octane
number as determined by the test methods in ASTM specification
D4814-01, or by a test method adopted by department
rule deleted text end new text begin producer of automotive fuel must comply with the automotive
fuel rating, certification, and record-keeping requirements of
Code of Federal Regulations, title 16, sections 306.5 to 306.7 new text end .

Subd. 2.

deleted text begin dispenser labeling deleted text end new text begin duties of distributors new text end .

deleted text begin A
person responsible for the product shall clearly, conspicuously,
and permanently label each gasoline dispenser that is used to
sell gasoline or gasoline-oxygenate blends at retail or to
dispense gasoline or gasoline-oxygenate blends into the fuel
supply tanks of motor vehicles, with the minimum octane of the
gasoline dispensed. The label must meet the following
requirements:
deleted text end

deleted text begin (a) The octane number displayed on the label must represent
the average of the "motor method" octane number and the
"research method" octane number as determined by the test
methods in ASTM specification D4814-01, or by a test method
adopted by department rule.
deleted text end

deleted text begin (b) The label must be at least 2-1/2 inches high and three
inches wide, with a yellow background, black border, and black
figures and letters.
deleted text end

deleted text begin (c) The number representing the octane of the gasoline must
be at least one inch high.
deleted text end

deleted text begin (d) The label must include the words "minimum octane" and
the term "(R+M)/2" or "(RON+MON)/2." deleted text end new text begin A licensed distributor of
automotive fuel must comply with the certification and
record-keeping provisions of Code of Federal Regulations, title
16, sections 306.8 and 306.9.
new text end

new text begin Subd. 3. new text end

new text begin Duties of retailers. new text end

new text begin A person responsible for
the product who sells or transfers automotive fuel to a consumer
must comply with the automotive fuel rating posting and
record-keeping requirements, and the label specifications of
Code of Federal Regulations, title 16, sections 306.10 to 306.12.
new text end

new text begin Subd. 4. new text end

new text begin Duties of director. new text end

new text begin Upon request, the director
shall provide any person with a copy of Code of Federal
Regulations, title 16, part 306. Upon request, the director
shall provide any distributor, retailer, or organization of
distributors or retailers with the label specifications in Code
of Federal Regulations, title 16, section 306.12.
new text end

Sec. 17.

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 ten
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 deleted text begin D4806-01
deleted text end new text begin D4806-04a new text end ; and

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

Sec. 18.

Minnesota Statutes 2004, section 296A.01,
subdivision 7, is amended to read:

Subd. 7.

Aviation gasoline.

"Aviation gasoline" means
any gasoline that is capable of use for the purpose of producing
or generating power for propelling internal combustion engine
aircraft, that meets the specifications in ASTM
specification deleted text begin D910-00 deleted text end new text begin D910-04 new text end , and that either:

(1) is invoiced and billed by a producer, manufacturer,
refiner, or blender to a distributor or dealer, by a distributor
to a dealer or consumer, or by a dealer to consumer, as
"aviation gasoline"; or

(2) whether or not invoiced and billed as provided in
clause (1), is received, sold, stored, or withdrawn from storage
by any person, to be used for the purpose of producing or
generating power for propelling internal combustion engine
aircraft.

Sec. 19.

Minnesota Statutes 2004, section 296A.01,
subdivision 8, is amended to read:

Subd. 8.

Aviation turbine fuel and jet fuel.

"Aviation
turbine fuel" and "jet fuel" mean blends of hydrocarbons derived
from crude petroleum, natural gasoline, and synthetic
hydrocarbons, intended for use in aviation turbine engines, and
that meet the specifications in ASTM specification
deleted text begin D1655-01 deleted text end new text begin D1655.04 new text end .

Sec. 20.

Minnesota Statutes 2004, section 296A.01,
subdivision 14, is amended to read:

Subd. 14.

Diesel fuel oil.

"Diesel fuel oil" means a
petroleum distillate or blend of petroleum distillate and
residual fuels, intended for use as a motor fuel in internal
combustion diesel engines, that meets the specifications in ASTM
specification deleted text begin D975-01A deleted text end new text begin D975-04b, except that diesel fuel oil is
not required to meet the diesel lubricity standard until the
date that the biodiesel fuel requirement in section 239.77,
subdivision 2, becomes effective or December 31, 2005, whichever
comes first new text end . Diesel fuel includes number 1 and number 2 fuel
oils. K-1 kerosene is not diesel fuel unless it is blended with
diesel fuel for use in motor vehicles.

Sec. 21.

Minnesota Statutes 2004, 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 typically contains 85 percent ethanol
by volume, but at a minimum must contain 60 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
D5798-99 new text begin (2004) new text end .

Sec. 22.

Minnesota Statutes 2004, section 296A.01,
subdivision 20, is amended to read:

Subd. 20.

Ethanol, denatured.

"Ethanol, denatured" means
ethanol that is to be blended with gasoline, has been
agriculturally derived, and complies with ASTM specification
deleted text begin D4806-01 deleted text end new text begin D4806-04a new 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. 23.

Minnesota Statutes 2004, section 296A.01,
subdivision 22, is amended to read:

Subd. 22.

Gas turbine fuel oil.

"Gas turbine fuel oil"
means fuel that contains mixtures of hydrocarbon oils free of
inorganic acid and excessive amounts of solid or fibrous foreign
matter, intended for use in nonaviation gas turbine engines, and
that meets the specifications in ASTM specification
deleted text begin D2880-00 deleted text end new text begin D2880-03 new text end .

Sec. 24.

Minnesota Statutes 2004, section 296A.01,
subdivision 23, is amended to read:

Subd. 23.

Gasoline.

(a) "Gasoline" means:

(1) all products commonly or commercially known or sold as
gasoline regardless of their classification or uses, except
casinghead gasoline, absorption gasoline, condensation gasoline,
drip gasoline, or natural gasoline that under the requirements
of section 239.761, subdivision 3, must not be blended with
gasoline that has been sold, transferred, or otherwise removed
from a refinery or terminal; and

(2) any liquid prepared, advertised, offered for sale or
sold for use as, or commonly and commercially used as, a fuel in
spark-ignition, internal combustion engines, and that when
tested by the Weights and Measures Division meets the
specifications in ASTM specification deleted text begin D4814-01 deleted text end new text begin D4814-04a new text end .

(b) Gasoline that is not blended with ethanol must not be
contaminated with water or other impurities and must comply with
both ASTM specification deleted text begin D4814-01 deleted text end new text begin D4814-04a new text end and the volatility
requirements in Code of Federal Regulations, title 40, part 80.

(c) 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 24;

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

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

(4) must 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. 25.

Minnesota Statutes 2004, section 296A.01,
subdivision 24, is amended to read:

Subd. 24.

Gasoline blended with nonethanol oxygenate.

"Gasoline blended with nonethanol oxygenate" means gasoline
blended with ETBE, MTBE, or other alcohol or ether, except
denatured ethanol, that is approved as an oxygenate by the EPA,
and that complies with ASTM specification deleted text begin D4814-01 deleted text end new text begin D4814-04a new text end .
Oxygenates, other than denatured ethanol, must not be blended
into gasoline after the gasoline has been sold, transferred, or
otherwise removed from a refinery or terminal.

Sec. 26.

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 ten
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 deleted text begin D4814-01 deleted text end new text begin D4814-04a new text end , or the
gasoline base stock from which a gasoline-ethanol blend was
produced must comply with ASTM specification deleted text begin D4814-01 deleted text end new text begin D4814-04a new text end ;
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 deleted text begin D4814-01 deleted text end new text begin D4814-04a new text end 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.

Sec. 27.

Minnesota Statutes 2004, section 296A.01,
subdivision 26, is amended to read:

Subd. 26.

Heating fuel oil.

"Heating fuel oil" means a
petroleum distillate, blend of petroleum distillates and
residuals, or petroleum residual heating fuel that meets the
specifications in ASTM specification deleted text begin D396-01 deleted text end new text begin D396-02a new text end .

Sec. 28.

Minnesota Statutes 2004, section 296A.01,
subdivision 28, is amended to read:

Subd. 28.

Kerosene.

"Kerosene" means a refined petroleum
distillate consisting of a homogeneous mixture of hydrocarbons
essentially free of water, inorganic acidic and basic compounds,
and excessive amounts of particulate contaminants and that meets
the specifications in ASTM specification deleted text begin D3699-01 deleted text end new text begin D3699-03 new text end .

Sec. 29. new text begin INSTRUCTION TO REVISOR.
new text end

new text begin The revisor of statutes shall renumber Minnesota Statutes,
section 239.05, as section 239.051, alphabetize the definitions,
and correct any cross-references to that section accordingly.
new text end

Sec. 30. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 239.05, subdivisions 6a
and 6b, are repealed.
new text end