Chapter 243
Oregon Laws 2011
AN ACT
HB 2827
Relating to
additives to biodiesel fuel; creating new provisions; amending ORS 646.922;
repealing section 7, chapter 55, Oregon Laws 2010; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 7, chapter 55,
Oregon Laws 2010, is repealed.
SECTION 2. ORS 646.922, as amended by
sections 2 and 5, chapter 55, Oregon Laws 2010, is amended to read:
646.922. (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) 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 five percent biodiesel by volume. Diesel fuel containing
more than five percent biodiesel by volume must be labeled as provided by the
State Department of Agriculture by rule.
(3) A retail dealer, nonretail
dealer or wholesale dealer may sell or offer for sale diesel fuel that
otherwise meets the requirements of subsections (1) and (2) of this section and
rules adopted pursuant to ORS 646.957 but to which there have been added
substances to prevent congealing or gelling of diesel fuel containing
biodiesel, without violating the requirements of subsections (1) and (2) of
this section and rules adopted pursuant to ORS 646.957. This subsection applies
only to diesel fuel sold or offered for sale during the period from October 1
of any year to February 28 of the following year.
[(3)]
(4) 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)]
(5) The minimum biodiesel fuel content 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. ORS 646.922, as amended by
section 3, chapter 752, Oregon Laws 2009, and sections 3 and 6, chapter 55,
Oregon Laws 2010, is amended to read:
646.922. (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 or
other renewable diesel with at least two percent renewable component by volume.
(2) 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 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) A retail dealer, nonretail
dealer or wholesale dealer may sell or offer for sale diesel fuel that
otherwise meets the requirements of subsections (1) and (2) of this section and
rules adopted pursuant to ORS 646.957 but to which there have been added
substances to prevent congealing or gelling of diesel fuel containing biodiesel
or other renewable diesel, without violating the requirements of subsections
(1) and (2) of this section and rules adopted pursuant to ORS 646.957. This
subsection applies only to diesel fuel sold or offered for sale during the
period from October 1 of any year to February 28 of the following year.
[(3)]
(4) 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)]
(5) The minimum biodiesel fuel content [or] and 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 4. If this 2011 Act does
not become effective until after March 1, 2011, the repeal of section 7,
chapter 55, Oregon Laws 2010, by section 1 of this 2011 Act revives the
amendments to ORS 646.922 by section 2, chapter 55, Oregon Laws 2010, and the
amendments to ORS 646.922 by section 3, chapter 752, Oregon Laws 2009, and
section 3, chapter 55, Oregon Laws 2010. If this 2011 Act does not become
effective until after March 1, 2011, this 2011 Act shall be operative
retroactively to that date, and the operation and effect of the amendments to
ORS 646.922 by section 2, chapter 55, Oregon Laws 2010, and the amendments to
ORS 646.922 by section 3, chapter 752, Oregon Laws 2009, and section 3, chapter
55, Oregon Laws 2010, shall continue unaffected from March 1, 2011, to the
effective date of this 2011 Act and thereafter. Any otherwise lawful action
taken or otherwise lawful obligation incurred under the authority of the
amendments to ORS 646.922 by section 2, chapter 55, Oregon Laws 2010, and the
amendments to ORS 646.922 by section 3, chapter 752, Oregon Laws 2009, and
section 3, chapter 55, Oregon Laws 2010, after March 1, 2011, and before the
effective date of this 2011 Act, is ratified and approved.
SECTION 5. This 2011 Act being
necessary for the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2011 Act takes effect March
1, 2011.
Approved by
the Governor June 7, 2011
Filed in the
office of Secretary of State June 7, 2011
Effective date
June 7, 2011
__________