2005 Legislation
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SENATE BILL NO. 1004 – Ethanol blended fuel standard/exmpt

SENATE BILL NO. 1004

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Bill Status



S1004.....................................................by TRANSPORTATION
ETHANOL BLENDED FUEL - Adds to existing law to provide that, beginning on
April 1, 2010, gasoline for motor vehicle use sold in Idaho must be blended
with at least ten percent by volume agriculturally derived denatured
ethanol.
                                                                        
01/14    Senate intro - 1st rdg - to printing
01/17    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1004
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO MOTOR FUELS; AMENDING CHAPTER 2, TITLE  71,  IDAHO  CODE,  BY  THE
  3        ADDITION  OF  A  NEW  SECTION  72-241A, IDAHO CODE, TO PROVIDE LEGISLATIVE
  4        INTENT, TO DEFINE A TERM, TO PROVIDE AN ETHANOL BLENDED FUEL STANDARD  AND
  5        TO PROVIDE AN EXEMPTION TO THE ETHANOL BLENDED FUEL STANDARDS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Chapter  2,  Title  71, Idaho Code, be, and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 71-241A, Idaho Code, and to read as follows:
                                                                        
 10        71-241A.  ETHANOL BLENDED FUEL STANDARD -- EXEMPTION. (1) It is the intent
 11    of the legislature of the state of Idaho to promote the use of ethanol blended
 12    fuel  to  protect the air quality of the state, to enhance the environment and
 13    to stimulate the economy of the rural areas  of  the  state.  The  legislature
 14    finds  that  protection  of  air quality is important to sustain growth of the
 15    state's economy, and requires action that will not  only  maintain,  but  will
 16    improve  the  environment.   Use  of  ethanol  blended fuel will significantly
 17    reduce emissions from all motor vehicles and will reduce contaminants  result-
 18    ing  from  combustion  of conventional fuels. Furthermore, it is the intent of
 19    the legislature that the ethanol used in Idaho fuels be produced in Idaho from
 20    Idaho grown feedstock which will significantly strengthen the economy, partic-
 21    ularly in rural areas of the state, while reducing reliance on imported fuels.
 22        (2)  For purposes of this section, "person responsible  for  the  product"
 23    means  a  person or persons, corporation, partnership, stock company, society,
 24    association, or an agent or employee who  processes,  blends,  holds,  stores,
 25    imports,  transfers,  distributes,  offers for sale or use, or sells petroleum
 26    products in Idaho and who possesses petroleum products at the  time  they  are
 27    sampled or inspected by the director.
 28        (3)  (a) On  and after April 1, 2010, a person responsible for the product
 29        shall ensure that all gasoline sold or offered for sale in Idaho must con-
 30        tain at least ten percent (10%) denatured ethanol by volume.
 31        (b)  For purposes of enforcing the minimum ethanol requirement of  subsec-
 32        tion (3)(a) of this section, a gasoline/ethanol blend will be construed to
 33        be in compliance if the ethanol content, exclusive of denaturants and per-
 34        mitted  contaminants, comprises not less than nine and two-tenths  percent
 35        (9.2%) by volume of agriculturally derived, denatured  ethanol  that  com-
 36        plies  with  the  following  criteria and any applicable amendments to the
 37        criteria promulgated or published after July 1, 2005:
 38             (i)   Denatured ethanol that is to be blended with gasoline  must  be
 39             agriculturally derived and must comply with ASTM specification D4806.
 40             This  includes  the requirement that ethanol may be denatured only as
 41             specified in 27 CFR 20 and 27 CFR 21;
 42             (ii)  The blend shall comply with the volatility requirements  in  40
 43             CFR 80;
                                                                        
                                           2
                                                                        
  1             (iii) The  blend  shall  comply  with ASTM specification D4814 or the
  2             gasoline base stock from which a gasoline/ethanol blend was  produced
  3             and must comply with ASTM specification D4814; and
  4             (iv)  The  blend  shall  not  be  blended  with  casinghead gasoline,
  5             absorption gasoline, condensation gasoline, drip gasoline, or natural
  6             gasoline after the gasoline/ethanol blend has been sold, transferred,
  7             or otherwise removed from a refinery or terminal.
  8        (4)  A person responsible for the product may hold, store, import,  trans-
  9    fer,  distribute, offer for sale or use, or sell the petroleum product that is
 10    not blended in accordance with subsection (3) of this section, so long as  the
 11    product  is  for use in aircraft legally authorized to use motor vehicle fuel.
 12    The person responsible for the product shall comply with the following:
 13        (a)  The petroleum product shall be unleaded premium grade with an  octane
 14        rating of ninety-one (91) or greater;
 15        (b)  The outlet shall use no more than one (1) dispensing pump and no more
 16        than one (1) storage tank for the petroleum product under this exemption;
 17        (c)  The  pump  dispensing the petroleum product under this exemption must
 18        be posted with a permanent notice stating: "NONOXYGENATED  GASOLINE.   FOR
 19        USE  IN  AIRCRAFT LEGALLY AUTHORIZED TO USE MOTOR VEHICLE FUEL ONLY." This
 20        notice must be posted at least two (2) feet above the ground.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                            RS 14533
                              
    This legislation will amend the Idaho Code to implement a
    renewable fuel standard and provide that beginning on April
    1, 2010 gasoline for motor vehicle use sold in the state of
    Idaho must be blended with at least 10.0 percent by volume,
    agriculturally derived, denatured ethanol.  Use of ethanol-
    blended fuel will significantly reduce emissions from motor
    vehicles, thus minimizing the adverse impacts of air
    pollution in the State.  Using ethanol-blended fuel in motor
    vehicles in Idaho will reduce our dependence on imported
    fuels and will significantly strengthen our economy,
    particularly in rural areas. 
                                 
                                 
                         FISCAL IMPACT
                                
    There is no fiscal impact to the general fund of the state
    of Idaho.  By adoption of the companion piece of
    legislation, which repeals the current fuel tax deduction
    for ethanol blended fuels on April 1, 2010, there will be an
    increase in the state fuel tax revenues of $750,000 in FY11. 
    Without adoption of the companion piece of legislation, this
    bill would result in a $15.5 million reduction in state fuel
    taxes in FY11 when the renewable fuel standard is fully
    implemented.  There is a possibility that there will be
    gasoline retailers who voluntarily use ethanol blended fuels
    prior to the implementation date of April 1, 2010 which
    would reduce the state fuel tax revenues by 2.5 cents per
    gallon of ethanol blended fuel.
                                 
                                   
    
    
    Sponsors:
    Senator Williams    Representative Wood
    Senator Andreason   Representative Rydalch
    Senator McKenzie    Representative Collins
    
    Contact: Russ Hendricks, 342-2688                   S1004