Bill Text: OR SB813 | 2011 | Regular Session | Introduced

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Bill Title: Relating to biodiesel; declaring an emergency.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB813 Detail]

Download: Oregon-2011-SB813-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 3306

                         Senate Bill 813

Sponsored by Senator FERRIOLI (at the request of Sam Haines)

                             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.

  Exempts retail dealer, nonretail dealer or wholesale dealer of
diesel fuel located east of Cascade Range from biodiesel
requirements during period from September 1 to March 30.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to biodiesel; amending ORS 646.922; and declaring an
  emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 646.922, as amended by section 2, chapter 55,
Oregon Laws 2010, is amended to read:
  646.922. (1)  { + Except as provided in subsection (3) of this
section, + } 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)  { + Except as provided in subsection (3) of this
section, + } 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) A retail dealer, nonretail dealer or wholesale dealer
may sell or offer for sale diesel fuel that does not contain
biodiesel in any amount in any county located east of the Cascade
Range during the period from September 1 of any year to March 30
of the following year. + }
  (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.
  (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 2. ORS 646.922, as amended by sections 2 and 5, chapter
55, Oregon Laws 2010, is amended to read:
  646.922. (1)  { + Except as provided in subsection (3) of this
section,  + }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)  { + Except as provided in subsection (3) of this section,
 + }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 does not contain
biodiesel in any amount in any county located east of the Cascade
Range during the period from September 1 of any year to March 30
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)  { + Except as provided in subsection (3) of this
section,  + }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)  { + Except as provided in subsection (3) of this section,
 + }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 does not contain
biodiesel in any amount in any county located east of the Cascade
Range during the period from September 1 of any year to March 30
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 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.  { + 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 on its
passage. + }
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