2007 Legislation
Print Friendly

HOUSE BILL NO. 149 – Renewable fuel consumer choice

HOUSE BILL NO. 149

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



H0149.................................by ENVIRONMENT, ENERGY AND TECHNOLOGY
RENEWABLE FUEL - Adds to existing law to provide for the "Idaho Renewable
Fuel Consumer Choice and Retailer Right to Know Act of 2007"; to provide
requirements for agreements or contracts between a motor fuel distributor
or retailer; to provide that certain provisions of a franchise agreement or
contract shall be null and void; and to provide penalties.
                                                                        
02/09    House intro - 1st rdg - to printing
02/12    Rpt prt - to Transp

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 149
                                                                        
                      BY ENVIRONMENT, ENERGY AND TECHNOLOGY COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RENEWABLE FUEL CONTRACTS; AMENDING  CHAPTER  1,  TITLE  29,  IDAHO
  3        CODE,  BY  THE  ADDITION OF A NEW SECTION 29-116, IDAHO CODE, TO PROVIDE A
  4        SHORT TITLE, TO DEFINE TERMS, TO PROVIDE REQUIREMENTS  FOR  AGREEMENTS  OR
  5        CONTRACTS  BETWEEN  A MOTOR FUEL DISTRIBUTOR OR RETAILER,  TO PROVIDE THAT
  6        CERTAIN PROVISIONS OF A FRANCHISE AGREEMENT OR CONTRACT SHALL BE NULL  AND
  7        VOID, TO PROVIDE EXCEPTIONS, TO PROVIDE PENALTIES AND TO PROVIDE DUTIES OF
  8        PROSECUTING ATTORNEYS; DECLARING AN EMERGENCY AND PROVIDING APPLICATION.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION  1.  That  Chapter  1,  Title  29, Idaho Code, be, and the same is
 11    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 12    ignated as Section 29-116, Idaho Code, and to read as follows:
                                                                        
 13        29-116.  IDAHO  RENEWABLE  FUEL CONSUMER CHOICE AND RETAILER RIGHT-TO-KNOW
 14    ACT OF 2007 -- EXCLUSIVITY PROHIBITION. (1) This act shall be known and  cited
 15    as the "Idaho Renewable Fuel Consumer Choice and Retailer Right-to-Know Act."
 16        (2)  As used in this section:
 17        (a)  "Biofuel"  means any renewable fuel offered for sale as a transporta-
 18        tion fuel that is agriculturally derived and meets applicable  ASTM  stan-
 19        dards  as required in section 37-2506, Idaho Code, including, but not lim-
 20        ited to, ethanol, ethanol-blended fuel, biodiesel and biodiesel blends.
 21        (b)  "Fuel distributor" or "distributor" means any business with  a  situs
 22        in  Idaho  which distributes motor vehicle fuel including, but not limited
 23        to, wholesalers, jobbers, distributors or terminal operators.
 24        (c)  "Retail fuel dealer" or "dealer"  means any business with a situs  in
 25        Idaho  that  sells  or  offers  for sale at the retail level motor vehicle
 26        fuel.
 27        (d)  "Person" shall include, but not be limited to, corporations,  limited
 28        liability  companies,  partnerships  and  associations  existing  under or
 29        authorized by the laws of either the United States, the laws of any of the
 30        territories, the laws of Idaho or the laws of any foreign country.
 31        (3)  All franchise agreements, dealer agreements, supply contracts or  any
 32    other  contract  between a motor fuel distributor and motor fuel retailer must
 33    be in full compliance with 15 U.S.C. section 26a and this section.
 34        (4)  Any provision of a franchise agreement or contract which prohibits  a
 35    dealer  from purchasing or selling any of the biofuels set forth in subsection
 36    (2)(a) of this section from a person or firm other than  the  distributor,  or
 37    limits  the quantity of such biofuel to be purchased from such other person or
 38    firm,  which directly or indirectly discourages a dealer  from  purchasing  or
 39    selling  biofuels from such other person or firm, shall be null and void as it
 40    pertains to biofuels.
 41        (5)  The prohibitions in this section shall not apply to  any  distributor
 42    who  makes available sufficient supplies of biofuels to satisfy his customers'
 43    needs for such products if the biofuels are made available on terms and condi-
                                                                        
                                       2
                                                                        
  1    tions which are at least equivalent to the terms and conditions on which  such
  2    distributor's conventional motor fuel products are made available.
  3        (6)  A  person found guilty of violating this section shall be guilty of a
  4    misdemeanor and shall have thirty (30) calendar days to comply with the provi-
  5    sions of this section or shall be subject to a fine not in excess of five hun-
  6    dred dollars ($500). If a person remains out of compliance  after  sixty  (60)
  7    calendar   days,  he  shall  be  subject  to  revocation  of  the  Idaho  fuel
  8    distributor's license.
  9        (7)  It shall be the duty of the prosecuting attorney in any county of the
 10    state to render all assistance in his power to execute the provisions of  this
 11    section and to prosecute cases arising under this section.
                                                                        
 12        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 13    declared to exist, this act shall be in full force and effect on and after its
 14    passage and approval; and shall apply to all contracts or  franchises  entered
 15    into on or after the effective date of this act.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                            RS 16784C2

The purpose of this legislation is to clarify applicability of
federal law governing certain biofuel contracts between
wholesalers and fuel retailers.  It also extends these current
contractual relationships to all bio-fuels.


                           FISCAL NOTE

No fiscal impact



Contact
Name: Sen McKenzie, Sen Gannon, Sen Lodge
      Rep Eskridge, Rep Stevenson 
      Rep Wood (35)
Phone:332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         H 149