73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1643
House Bill 3033
Sponsored by Representatives DINGFELDER, KROPF, Senators METSGER,
NELSON; Representatives AVAKIAN, BERGER, BEYER, BOONE, BOQUIST,
BROWN, BRUUN, BUCKLEY, BURLEY, DALLUM, FARR, HASS, HUNT, KOMP,
MARCH, ROBLAN, ROSENBAUM, G SMITH, P SMITH, TOMEI, WITT,
Senators MORRISETTE, PROZANSKI, WESTLUND
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires diesel fuel sold in state to contain certain
percentage of biodiesel. Requires gasoline sold in state to
contain certain percentage of ethanol. Requires State Department
of Agriculture to adopt standards for biodiesel and gasoline
blended with ethanol.
A BILL FOR AN ACT
Relating to alternative fuels; creating new provisions; and
amending ORS 646.905.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2005 Act are added to
and made a part of ORS 646.910 to 646.920. + }
SECTION 2. { + (1) A retail dealer, nonretail dealer or
wholesale dealer may not sell or offer for sale diesel fuel,
unless the diesel fuel contains at least two percent biodiesel by
volume.
(2) The State Department of Agriculture shall adopt standards
for biodiesel sold in the state. The department shall consult the
specifications established for biodiesel in the American Society
of Testing and Materials International specification D6751-03a,
or similar specifications, in forming its standards. The
department may review specifications adopted by the American
Society of Testing and Materials International, or equivalent
organizations, and revise the standards adopted pursuant to this
subsection as necessary. + }
SECTION 3. { + (1) A retail dealer, nonretail dealer or
wholesale dealer may not sell or offer for sale gasoline, unless
the gasoline contains at least 10 percent ethanol by volume.
(2) Gasoline containing ethanol that is sold or offered for
sale meets the requirements of this section if the gasoline,
exclusive of denaturants and permitted contaminants, contains not
less than 9.2 percent and not more than 10 percent by volume
agriculturally derived, denatured ethanol that complies with the
standards for ethanol adopted by the State Department of
Agriculture.
(3) The department shall adopt standards for ethanol blended
with gasoline sold in this state. The standards adopted shall
require that the gasoline blended with ethanol:
(a) Contains ethanol that is agriculturally derived;
(b) Contains ethanol denatured as specified in 27 C.F.R. parts
20 and 21;
(c) Complies with volatility requirements specified in 40
C.F.R. part 80;
(d) Complies with or is produced from a gasoline base stock
that complies with the American Society of Testing and Materials
International specification D4814-04b, or an equivalent standard;
(e) Is not blended with casinghead gasoline, absorption
gasoline, drip gasoline or natural gasoline after it has been
sold, transferred or otherwise removed from a refinery or
terminal; and
(f) Complies with American Society of Testing and Materials
International specification D4806-04a, or an equivalent standard.
(4) The department may review specifications adopted by the
American Society of Testing and Materials International, or
equivalent organizations, and federal regulations, and revise the
standards adopted pursuant to this section as necessary. + }
SECTION 4. ORS 646.905 is amended to read:
646.905. As used in ORS 646.910 to 646.920:
(1) 'Alcohol' means a volatile flammable liquid having the
general formula CnH(2n+1)OH used or sold for the purpose of
blending or mixing with gasoline for use in propelling motor
vehicles, and commonly or commercially known or sold as an
alcohol, and includes ethanol or methanol.
{ + (2) 'Biodiesel' means a monoalkyl ester of long-chain
fatty acids derived from vegetable oils or animal fats for use in
compression-ignition engines. + }
{ - (2) - } { + (3) + } 'Co-solvent' means an alcohol other
than methanol which is blended with either methanol or ethanol or
both to minimize phase separation in gasoline.
{ - (3) - } { + (4) + } 'Ethanol' means ethyl alcohol, a
flammable liquid having the formula C2H5OH used or sold for the
purpose of blending or mixing with gasoline for use in motor
vehicles.
{ - (4) - } { + (5) + } 'Gasoline' means any fuel sold for
use in spark ignition engines whether leaded or unleaded.
{ - (5) - } { + (6) + } 'Methanol' means methyl alcohol, a
flammable liquid having the formula CH3OH used or sold for the
purpose of blending or mixing with gasoline for use in motor
vehicles.
{ - (6) - } { + (7) + } 'Motor vehicles' means all
vehicles, vessels, watercraft, engines, machines or mechanical
contrivances that are propelled by internal combustion engines or
motors.
{ - (7) - } { + (8) + } 'Nonretail dealer' means any person
who owns, operates, controls or supervises an establishment at
which motor vehicle fuel is dispensed through a card- or
key-activated fuel dispensing device to nonretail customers.
{ - (8) - } { + (9) + } 'Retail dealer' means any person
who owns, operates, controls or supervises an establishment at
which gasoline is sold or offered for sale to the public.
{ - (9) - } { + (10) + } 'Wholesale dealer' means any
person engaged in the sale of gasoline if the seller knows or has
reasonable cause to believe the buyer intends to resell the
gasoline in the same or an altered form to another.
SECTION 5. Section 2 of this 2005 Act is amended to read:
{ + Sec. 2. + } (1) A retail dealer, nonretail dealer or
wholesale dealer may not sell or offer for sale diesel fuel,
unless the diesel fuel contains at least { - two - }
{ + five + } percent biodiesel by volume.
(2) The State Department of Agriculture shall adopt standards
for biodiesel sold in the state. The department shall consult the
specifications established for biodiesel in the American Society
of Testing and Materials International specification D6751-03a,
or similar specifications, in forming its standards. The
department may review specifications adopted by the American
Society of Testing and Materials International, or equivalent
organizations, and revise the standards adopted pursuant to this
subsection as necessary.
SECTION 6. { + Section 2 of this 2005 Act becomes operative on
June 1, 2006. + }
SECTION 7. { + The amendments to section 2 of this 2005 Act by
section 5 of this 2005 Act become operative on January 1,
2010. + }
SECTION 8. { + (1) Section 3 of this 2005 Act becomes
operative on January 1, 2010.
(2) Notwithstanding subsection (1) of this section, the State
Department of Agriculture may take any action prior to the
operative date of section 3 of this 2005 Act that is necessary to
enable the department to adopt standards for gasoline blended
with ethanol on the operative date of section 3 of this 2005
Act. + }
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