Minnesota Session Laws - 2010, Regular Session

CHAPTER 228--S.F.No. 2840

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 MARKING new text begin AND CAPACITY new text end ; RETAIL LOCATION.

Subdivision 1.

Identification deleted text begin tag deleted 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 6 new text begin , and include the gallon capacity for each storage tank new text end . This section does not apply to storage tanks at petroleum refineries or terminals.

Subd. 2.

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

The identification tag required in subdivision 1 must be deleted text begin constructed of one deleted text end new text begin at least new text end 3-1/2 deleted text begin inch deleted text end new text begin inches new text end by 3-1/2 deleted text begin inch piece of deleted text end new text begin inches and constructed from new text end aluminum deleted text begin or deleted text end new text begin , new text end stainless steel new text begin , or plastic new 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 and deleted text end new text begin , white for new text end alcohol products new 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 tag deleted 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 clamp new text begin or nonreleasable nylon ties new 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 identification new text begin on storage tank new 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 identification new text begin on storage tank new text end ; alcohol, alcohol-based deleted text begin motor deleted 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 information new text begin on storage tank new 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 petroleum deleted 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

Presented to the governor April 8, 2010

Signed by the governor April 10, 2010, 8:22 a.m.