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SF 2840

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 03/15/2010 11:49am

KEY: stricken = removed, old language.
underscored = added, new language.
Version List Authors and Status
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Current Version - 1st Engrossment

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A bill for an act
 relating to weights and measures; modifying requirements for petroleum storage
tanks; extending an order exempting number 1 diesel fuel from biodiesel
requirements; regulating sale of biodiesel on a net volume basis; amending
Minnesota Statutes 2008, sections 239.752; 239.79, subdivision 4, by adding a
subdivision.

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

Section 1.

Minnesota Statutes 2008, section 239.752, is amended to read:


239.752 STORAGE TANK MARKINGnew text begin AND CAPACITYnew text end ; RETAIL
LOCATION.

Subdivision 1.

Identification deleted text begin tagdeleted text end required.

A person responsible for the product
shall securely affix a metal new text begin or plastic new text end identification tag new text begin or tank collar new text end on the fill pipe of a
petroleum product storage tank at a business where petroleum products are sold, offered
for sale, or dispensed at retail into the storage tanks of motor vehicles. A bulk storage
facility operator shall securely affix a metal new text begin or plastic new text end identification tag on the fill pipe of
each storage tank at the distributor's bulk storage facility. The identification tag must be
constructed and printed according to subdivision 2 and installed according to subdivision
3. The identification tag must be printed with the appropriate product identification
according to subdivision 4, 5, or 6new text begin , and include the gallon capacity for each storage tanknew text end .
This section does not apply to storage tanks at petroleum refineries or terminals.

Subd. 2.

Identification deleted text begin tagdeleted text end ; construction, printing.

The identification tag required
in subdivision 1 must be deleted text begin constructed of onedeleted text end new text begin at leastnew text end 3-1/2 deleted text begin inchdeleted text end new text begin inchesnew text end by 3-1/2 deleted text begin inch piece
ofdeleted text end new text begin inches and constructed fromnew text end aluminum deleted text begin ordeleted text end new text begin , new text end stainless steelnew text begin , or plasticnew text end . All surfaces of the
tag new text begin or tank collar new text end must be coated with a permanent enamel paint or powder coating. The
coating must be light blue for gasoline deleted text begin anddeleted text end new text begin , white fornew text end alcohol productsnew text begin ,new text end and dark green for
petroleum distillate products. Lettering must be at least three-eighths of one inch high,
and printed on the tag with permanent enamel paint or powder coating. Lettering must be
black for gasoline and alcohol products and white for petroleum distillate products.

Subd. 3.

Identification deleted text begin tagdeleted text end ; installation.

The identification tag required in
subdivision 1 must be securely affixed to a fill pipe by means of an adjustable steel band
clampnew text begin or nonreleasable nylon tiesnew text end . The display surface of the tag must be positioned so
that the product information can be easily read by a person filling the storage tank.

Subd. 4.

Product identificationnew text begin on storage tanknew text end ; gasoline, oxygenated gasoline.

(a) An identification tag new text begin or tank collar new text end placed on a storage tank containing gasoline or
oxygenated gasoline must be marked with the word "GASOLINE" and with the correct
octane number and the appropriate product name of the fuel stored in the tank.

(b) The product name must be selected from the following:

(1) "REGULAR" for oxygenated gasoline of less than 88 octane;

(2) "MID-GRADE" for oxygenated gasoline of at least 88 octane, but less than
91 octane;

(3) "PREMIUM" for oxygenated gasoline of at least 91 octane;

(4) "NON-OXY PREM" for nonoxygenated gasoline of at least 91 octane;

(5) "AVIATION" for gasoline used solely as a fuel for aircraft;

(6) "RACING" for a special racing gasoline intended to be sold for use in off-road
motor vehicles; or

(7) "SPECIAL" for gasoline blended with mineral oil or other additives and intended
to be sold for use in boats, chainsaws, snowmobiles, or off-road equipment.

Subd. 5.

Product identificationnew text begin on storage tanknew text end ; alcohol, alcohol-based deleted text begin motordeleted text end
fuel.

(a) An identification tag new text begin or tank collar new text end placed on a storage tank containing unblended
alcohol or a predominantly alcohol-based motor fuel must be marked with the word
"ALCOHOL" and with the appropriate product name of the fuel stored in the tank.

(b) The product name must be selected from the following:

(1) "ETHANOL" for denatured ethanol, as defined in section 296A.01;

(2) "METHANOL" for methanol;

(3) "E85" for an ethanol-gasoline blend, as defined in section 296A.01; or

(4) "M85" for a methanol-gasoline blend, as defined in section 296A.01.

Subd. 6.

Product informationnew text begin on storage tanknew text end ; petroleum distillates.

Storage
tanks containing diesel fuel, heating fuel, kerosene, or other petroleum distillate must be
marked with the word "DISTILLATE" and with the correct product grade and appropriate
tax status selected from the following:

(1) "#1 DIESEL" "UNDYED" for #1 diesel fuel for which the motor fuel excise
tax has been paid;

(2) "#1" "DYED" for #1 heating fuel or #1 diesel fuel intended to be sold for use in
off-road vehicles and equipment;

(3) "#2 DIESEL" "UNDYED" for #2 diesel fuel for which the motor fuel excise
tax has been paid;

(4) "#2" "DYED" for #2 heating fuel or #2 diesel fuel intended to be sold for use in
off-road vehicles and equipment;

(5) "DIESEL" "PREMIUM" "UNDYED" for premium diesel fuel for which the
motor fuel excise tax has been paid;

(6) "DIESEL" "PREMIUM" "DYED" for premium diesel fuel intended to be sold
off-road;

new text begin (7) "DIESEL" B-xx for diesel fuel containing more than the amount mandated
in Minnesota;
new text end

new text begin (8) "BIODIESEL" for fuel containing more than 99 percent biodiesel;
 new text end

deleted text begin (7)deleted text end new text begin (9)new text end "KEROSENE" "UNDYED" for kerosene for which the federal motor fuel
excise tax has been paid;

deleted text begin (8)deleted text end new text begin (10)new text end "KEROSENE" "DYED" for kerosene intended to be sold for use in off-road
vehicles, heating equipment, and other off-road equipment; or

deleted text begin (9)deleted text end new text begin (11)new text end "JET/TURBINE" for jet fuel or turbine fuel.

Sec. 2.

Minnesota Statutes 2008, 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, and biodiesel. This
subdivision does not apply to the measurement of deleted text begin petroleumdeleted text end products transferred, sold, or
traded between refineries, between refineries and terminals, or between terminals.

Sec. 3.

Minnesota Statutes 2008, section 239.79, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Sale of biodiesel on a net volume basis. new text end

new text begin When biodiesel is transferred,
sold, or traded between refineries, between refineries and terminals, or between terminals
on a temperature-compensated basis, the director shall use the method outlined in Code of
Federal Regulations, title 40, subpart M, Renewable Fuel Standard 80.1426(f)(8)(ii)(A),
for determining the net quantity of biodiesel transferred in cases of dispute.
 new text end

Sec. 4. new text begin EXTENSION OF COMMISSIONER'S ORDER.
new text end

new text begin The order by the commissioner of commerce exempting number 1 diesel fuel from
the biodiesel content requirements under Minnesota Statutes, section 239.77, subdivision
2, paragraph (a), is extended until March 31, 2012, for the months of October, November,
December, January, February, and March.
 new text end