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SF 743

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:15am

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

Current Version - 1st Engrossment

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A bill for an act
relating to commerce; weights and measures; updating petroleum standards;
establishing standards for biodiesel blends and fuels; amending Minnesota
Statutes 2008, sections 239.761, subdivisions 3, 4, 5, 6, 7, 9, 11, 16; 239.77,
subdivision 1; 296A.01, subdivisions 8, 20, 23, 24, 26, 28.

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

Section 1.

Minnesota Statutes 2008, 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 begin D4814-07bdeleted text endnew text begin D4814-08bnew 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. 2.

Minnesota Statutes 2008, 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 beginD4814-07bdeleted text endnew text begin D4814-08bnew text end, or the gasoline base
stock from which a gasoline-ethanol blend was produced must comply with ASTM
specification deleted text beginD4814-07bdeleted text endnew text begin D4814-08bnew 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. 3.

Minnesota Statutes 2008, 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 beginD4806-07adeleted text endnew text begin
D4806-08
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. 4.

Minnesota Statutes 2008, 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 beginD4814-07bdeleted text endnew text begin D4814-08bnew 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. 5.

Minnesota Statutes 2008, section 239.761, subdivision 7, is amended to read:


Subd. 7.

Heating fuel oil.

Heating fuel oil must comply with ASTM specification
deleted text begin D396-07deleted text endnew text begin D396-08bnew text end.

Sec. 6.

Minnesota Statutes 2008, section 239.761, subdivision 9, is amended to read:


Subd. 9.

Kerosene.

Kerosene must comply with ASTM specification deleted text beginD3699-07deleted text endnew text begin
D3699-08
new text end.

Sec. 7.

Minnesota Statutes 2008, 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 beginD1655-07e1deleted text endnew text begin D1655-08anew text end.

Sec. 8.

Minnesota Statutes 2008, 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 beginD6751-07bdeleted text end new text beginD6751-08 new text endfor Biodiesel Fuel (B100) Blend Stock for Distillate
Fuels.

Sec. 9.

Minnesota Statutes 2008, section 239.77, subdivision 1, is amended to read:


Subdivision 1.

Biodiesel new text beginblend and new text endfuel.

new text begin (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
D7467-08.
new text end

new text begin (b) new text end"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 beginD6751-07bdeleted text endnew text begin D6751-08new text end for
Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.

new text begin (c) new text endBiodiesel 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. 10.

Minnesota Statutes 2008, 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 beginD1655-07e1deleted text endnew text begin D1655-08anew text end.

Sec. 11.

Minnesota Statutes 2008, 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 beginD4806-07adeleted text endnew text begin D4806-08new 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. 12.

Minnesota Statutes 2008, 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 beginD4814-07bdeleted text endnew text begin D4814-08bnew 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 beginD4814-07bdeleted text endnew text begin D4814-08bnew 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. 13.

Minnesota Statutes 2008, 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 beginD4814-07bdeleted text endnew text begin D4814-08bnew 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. 14.

Minnesota Statutes 2008, 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 beginD396-07deleted text endnew text begin D396-08bnew text end.

Sec. 15.

Minnesota Statutes 2008, 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 beginD3699-07deleted text endnew text begin D3699-08new text end.