language to be deleted (2) new language
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:
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;
(8) publish test data and information to assist persons who use, produce, distribute, or sell petroleum-based heating and engine fuels;
(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; and
(11) 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.
Presented to the governor April 26, 2007
Signed by the governor April 30, 2007, 2:38 p.m.