74th OREGON LEGISLATIVE ASSEMBLY--2008 Special Session
 
HA to A-Eng. SB 1079
 
LC 31/SB 1079-A12
 
                       HOUSE AMENDMENTS TO
                  A-ENGROSSED SENATE BILL 1079
 
                 By COMMITTEE ON TRANSPORTATION
 
                           February 20
 
  On page 1 of the printed A-engrossed bill, line 2, after '
fuel;' insert 'creating new provisions;' and before the period
insert '; and declaring an emergency'.
  In line 23, after the second 'customer' delete the rest of the
line and delete line 24 and insert 'making a purchase at a
nonretail facility owned by the cardlock card issuer.'.
  In line 25, after the second 'customer' delete the rest of the
line and insert 'making a purchase at a nonretail facility owned
by a seller other than the cardlock card issuer.'.
  On page 2, delete line 1.
  In line 32, after 'unless' insert 'one of the following
situations applies'.
  In line 34, delete the semicolon and insert a period.
  In line 39, delete '; or' and insert a period.
  In line 40, after the first 'of' insert 'the'.
  In line 42, delete 'cardlock card issuer' and insert ' person
making the purchase'.
  In line 43, delete 'department' and insert 'seller'.
  On page 3, line 6, delete 'issuer's names' and insert '
issuers'.
  In line 7, delete 'issuer's' and insert 'issuers''.
  Delete lines 26 through 45 and delete page 4 and insert:
  '  { +  SECTION 4. + } ORS 646.913 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 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 is for use in:
  ' (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 5. + }  { + The amendments to ORS 319.520,
319.550 and 319.665 by sections 1 to 3 of this 2008 Act become
operative on January 1, 2009. + }
  '  { +  SECTION 6. + }  { + This 2008 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2008 Act
takes effect on its passage. + } ' .
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