SF 2453

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor fuels; regulating oxygenated 
  1.3             gasoline; abolishing a fee and certain requirements 
  1.4             and powers of Department of Commerce relating to 
  1.5             utility measuring equipment; amending Minnesota 
  1.6             Statutes 2002, section 239.791, subdivision 12, by 
  1.7             adding a subdivision; repealing Minnesota Statutes 
  1.8             2002, sections 239.12; 239.25. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 239.791, 
  1.11  subdivision 12, is amended to read: 
  1.12     Subd. 12.  [EXEMPTION FOR COLLECTOR VEHICLE AND OFF-ROAD 
  1.13  USE.] (a) A person responsible for the product may offer for 
  1.14  sale, sell, or dispense at a retail gasoline station for use in 
  1.15  collector vehicles or vehicles eligible to be licensed as 
  1.16  collector vehicles, off-road vehicles, motorcycles, boats, 
  1.17  snowmobiles, or small engines, gasoline that is not oxygenated 
  1.18  in accordance with subdivision 1 if the person meets the 
  1.19  conditions in paragraphs (b) to (e).  If the nonoxygenated 
  1.20  gasoline is for use in a small engine, it must be dispensed into 
  1.21  a can with a capacity of six or fewer gallons. 
  1.22     (b) The nonoxygenated gasoline must be unleaded premium 
  1.23  grade as defined in section 239.751, subdivision 4. 
  1.24     (c) No more than one storage tank on the premises of the 
  1.25  retail gasoline station may be used for storage of the 
  1.26  nonoxygenated gasoline offered for sale, sold, or dispensed by 
  1.27  the station. 
  2.1      (d) The pump stands must be posted with a permanent notice 
  2.2   stating:  "NONOXYGENATED GASOLINE.  FOR USE IN COLLECTOR 
  2.3   VEHICLES OR VEHICLES ELIGIBLE TO BE LICENSED AS COLLECTOR 
  2.4   VEHICLES, OFF-ROAD VEHICLES, MOTORCYCLES, BOATS, SNOWMOBILES, OR 
  2.5   SMALL ENGINES ONLY." 
  2.6      (e) For a retail gasoline station located in the county of 
  2.7   Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, 
  2.8   Washington, or Wright, a person responsible for the product must 
  2.9   annually register with the director, on forms provided by the 
  2.10  director, an intent to sell nonoxygenated gasoline during the 
  2.11  period of October 1 through January 31.  Such person must 
  2.12  register on or before August 1 of each year, and must report to 
  2.13  the director before April 1 of the following year the total 
  2.14  number of gallons of nonoxygenated premium grade gasoline sold 
  2.15  during the period of October 1 through January 31.  Data 
  2.16  submitted to the department under this paragraph shall be 
  2.17  considered nonpublic data as defined in section 13.02, 
  2.18  subdivision 13. 
  2.19     Sec. 2.  Minnesota Statutes 2002, section 239.791, is 
  2.20  amended by adding a subdivision to read: 
  2.21     Subd. 15.  [EXEMPTION FOR CERTAIN BLEND PUMPS.] A person 
  2.22  responsible for the product, who offers for sale, sells, or 
  2.23  dispenses nonoxygenated premium gasoline under one or more of 
  2.24  the exemptions in subdivisions 10 through 14, may sell, offer 
  2.25  for sale, or dispense oxygenated gasoline that contains less 
  2.26  than the minimum amount of ethanol required under subdivision 1 
  2.27  if all of the following conditions are met: 
  2.28     (a) The blended gasoline has an octane rating of 88 or 
  2.29  greater. 
  2.30     (b) The gasoline is a blend of oxygenated gasoline meeting 
  2.31  the requirements of subdivision 1 with nonoxygenated premium 
  2.32  gasoline. 
  2.33     (c) The blended gasoline is dispensed from the same 
  2.34  multiple product dispenser used to deliver oxygenated gasoline 
  2.35  meeting the requirements of subdivision 1 and nonoxygenated 
  2.36  premium gasoline. 
  3.1      (d) The blended gasoline contains not more than 25 percent 
  3.2   nonoxygenated premium gasoline. 
  3.3      (e) The blending of oxygenated gasoline with nonoxygenated 
  3.4   gasoline occurs within the gasoline dispenser during the time 
  3.5   the gasoline is being delivered. 
  3.6      (f) The gasoline station at which the gasoline is sold, 
  3.7   offered for sale, or delivered is equipped to store gasoline in 
  3.8   not more than two storage tanks. 
  3.9      Sec. 3.  [REPEALER.] 
  3.10     Minnesota Statutes 2002, sections 239.12; and 239.25, are 
  3.11  repealed.