75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 3497
Sponsored by Representatives FREEMAN, HANNA; Representatives
BAILEY, BERGER, C EDWARDS, GARRARD, GELSER, JENSON, KENNEMER,
NOLAN, READ, ROBLAN, THATCHER, Senator WALKER
CHAPTER ................
AN ACT
Relating to motor vehicle fuel; creating new provisions; and
amending ORS 646.913.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 646.913, as amended by section 4, chapter 44,
Oregon Laws 2008, is amended to read:
646.913. (1) Except as provided in subsection (5) of this
section, a retail dealer, nonretail dealer or wholesale dealer
may not sell or offer for sale gasoline unless the gasoline
contains 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 by volume of 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 derived from agricultural or woody
waste or residue;
(b) Contains ethanol denatured as specified in 27 C.F.R. parts
20 and 21;
(c) Complies with the volatility requirements specified in 40
C.F.R. part 80;
(d) Complies with or is produced from a gasoline base stock
that complies with ASTM International specification D 4814;
(e) Is not blended with casinghead gasoline, absorption
gasoline, drip gasoline or natural gasoline after { - it - }
{ + the gasoline + } has been sold, transferred or otherwise
removed from a refinery or terminal; and
(f) Contains ethanol that complies with ASTM International
specification D 4806.
(4) The department may review specifications adopted by ASTM
International, or equivalent organizations, and federal
regulations and revise the standards adopted pursuant to this
section as necessary.
(5) A retail dealer, nonretail dealer or wholesale dealer may
sell or offer for sale gasoline that is not blended with ethanol
if the gasoline { + has an octane rating, as defined in ORS
646.945, of 91 or above or if the gasoline + } is for use in:
Enrolled House Bill 3497 (HB 3497-INTRO) Page 1
(a) An aircraft:
(A) With a supplemental type certificate approved by the
Federal Aviation Administration that allows the aircraft to use
gasoline that is intended for use in motor vehicles; or
(B) Issued a type certificate by an aircraft engine
manufacturer that allows the aircraft to use gasoline that is
intended for use in motor vehicles;
(b) An aircraft that has been issued an experimental
certificate, described in 14 C.F.R. 21.191, by the Federal
Aviation Administration and that is required by the
manufacturer's specifications to use gasoline that is intended
for use in motor vehicles;
(c) A light-sport aircraft, as defined in 14 C.F.R. 1.1, that
is required by the manufacturer's specifications to use gasoline
that is intended for use in motor vehicles;
(d) A vintage aircraft, as defined by the Oregon Department of
Aviation by rule, that is required by the manufacturer's
specifications to use gasoline that is intended for use in motor
vehicles;
(e) An antique vehicle, as defined in ORS 801.125;
(f) A Class I all-terrain vehicle, as defined in ORS 801.190;
(g) A Class III all-terrain vehicle, as defined in ORS 801.194;
(h) A racing activity vehicle, as defined in ORS 801.404;
(i) A snowmobile, as defined in ORS 801.490;
(j) Tools, including but not limited to lawn mowers, leaf
blowers and chain saws; or
(k) A watercraft.
SECTION 2. { + The amendments to ORS 646.913 by section 1 of
this 2009 Act apply to sales of gasoline that occur on or after
the effective date of this 2009 Act. + }
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Passed by House June 19, 2009
...........................................................
Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 25, 2009
...........................................................
President of Senate
Enrolled House Bill 3497 (HB 3497-INTRO) Page 2
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 3497 (HB 3497-INTRO) Page 3