75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3670
 
                         House Bill 3463
 
Sponsored by Representatives JENSON, CLEM; Representatives
  BAILEY, BARNHART, CAMERON, Senators NELSON, ROSENBAUM
 
 
                             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 notice to dealers when capacity of biodiesel
production facilities in Oregon reaches specified levels.
Prohibits sale of diesel fuel that does not contain specified
percentage of biodiesel after certain date. Deletes provisions
allowing specified percentage of other renewable diesel in place
of biodiesel for use in diesel fuel.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to biodiesel; amending ORS 646.921 and 646.922 and
  section 16, chapter 739, Oregon Laws 2007; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 646.921 is amended to read:
  646.921. (1) The State Department of Agriculture shall study
and monitor biodiesel fuel production, use and sales and
certificates of analysis in this state.
  (2) When the   { - production of biodiesel in this state from
sources in Oregon, Washington, Idaho and Montana - }
 { + capacity of biodiesel production facilities in Oregon + }
reaches a level of at least 5 million gallons on an annualized
basis   { - for at least three months - } , the department shall
notify all retail dealers, nonretail dealers and wholesale
dealers in this state, in a notice that meets the requirements of
subsection (5) of this section.
  (3) When the   { - production of biodiesel in this state from
sources in Oregon, Washington, Idaho and Montana - }  { +
capacity of biodiesel production facilities in Oregon + } reaches
a level of at least 15 million gallons on an annualized basis
 { - for at least three months - } , the department shall notify
all retail dealers, nonretail dealers and wholesale dealers in
this state, in a notice that meets the requirements of subsection
(5) of this section.
  (4) All retail dealers, nonretail dealers and wholesale dealers
in Oregon are required to provide, upon the request of the
department, a certificate of analysis for biodiesel received.
  (5) The notices required under this section shall inform retail
dealers, nonretail dealers and wholesale dealers that:
  (a) The   { - production of biodiesel - }  { +  capacity of
biodiesel production facilities in Oregon + } has reached the
level described in subsection (2) or (3) of this section, as
appropriate; and
  (b)   { - Three - }  { +  Two + } months after the date of the
notice, a retail dealer, nonretail dealer or wholesale dealer may
sell or offer for sale diesel fuel only as described in ORS
646.922.
  SECTION 2. ORS 646.922 is amended to read:
  646.922. (1)   { - Three - }  { +  Two + } months after the
date of the notice given under ORS 646.921 (2), 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
  { - or other renewable diesel with at least two percent
renewable component by volume - } .
  (2)   { - Three - }  { +  Two + } months after the date of the
notice given under ORS 646.921 (3), a retail dealer, nonretail
dealer or wholesale dealer may not sell or offer for sale diesel
fuel unless the diesel fuel contains at least five percent
biodiesel by volume
  { - or other renewable diesel with at least five percent
renewable component by volume - } . Diesel fuel containing more
than five percent biodiesel by volume   { - or other renewable
diesel with more than five percent renewable component by
volume - }  must be labeled as provided by the State Department
of Agriculture by rule.
  (3) The department shall adopt standards for biodiesel   { - or
other renewable diesel - }  sold in this state. The department
shall consult the specifications established for biodiesel
 { - or other renewable diesel - }  by ASTM International in
forming its standards.  The department may review specifications
adopted by ASTM International, or equivalent organizations, and
revise the standards adopted pursuant to this subsection as
necessary.
  (4) The minimum biodiesel fuel content   { - or renewable
component in other renewable diesel - }  requirements under
subsections (1) and (2) of this section do not apply to diesel
fuel sold or offered for sale for use by railroad locomotives,
marine engines or home heating.
  SECTION 3. Section 16, chapter 739, Oregon Laws 2007, is
amended to read:
   { +  Sec. 16. + }   { - Sections 14 and 15 of this 2007
Act - }   { + ORS 646.922 and 646.923 + } become operative on a
date that is   { - three - }   { + two + } months following the
date of the first notice required under   { - section 13 (2) of
this 2007 Act - }   { + ORS 646.921 (2) + }.
  SECTION 4.  { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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