414.255. Definitions--ethanol-blended gasoline required, when--exemptions--rulemaking authority. - Missouri Statutes

Definitions--ethanol-blended gasoline required,when--exemptions--rulemaking authority.

414.255. 1. This section shall be known and may be cited as the"Missouri Renewable Fuel Standard Act".

2. For purposes of this section, the following terms shall mean:

(1) "Aviation fuel", any motor fuel specifically compounded for use inreciprocating aircraft engines;

(2) "Distributor", a person who either produces, refines, blends,compounds or manufactures motor fuel, imports motor fuel into a state orexports motor fuel out of a state, or who is engaged in distribution of motorfuel;

(3) "Fuel ethanol-blended gasoline", a mixture of ninety percentgasoline and ten percent fuel ethanol in which the fuel ethanol meets ASTMInternational Specification D4806, as amended. The ten percent fuel ethanolportion may be derived from any agricultural source;

(4) "Position holder", the person who holds the inventory position inmotor fuel in a terminal, as reflected on the records of the terminaloperator. A person holds the inventory position in motor fuel when thatperson has a contract with the terminal operator for the use of storagefacilities and terminating services for motor fuel at the terminal. The termincludes a terminal operator who owns motor fuel in the terminal;

(5) "Premium gasoline", gasoline with an antiknock index number ofninety-one or greater;

(6) "Price", the cost of the fuel ethanol plus fuel taxes andtransportation expenses less tax credits, if any; or the cost of the fuelethanol-blended gasoline plus fuel taxes and transportation expenses less taxcredits, if any; or the cost of the unblended gasoline plus fuel taxes andtransportation expenses less tax credits, if any;

(7) "Qualified terminal", a terminal that has been assigned a terminalcontrol number (tcn) by the Internal Revenue Service;

(8) "Supplier", a person that is:

(a) Registered or required to be registered pursuant to 26 U.S.C.,Section 4101, for transactions in motor fuels in the bulk transfer/terminaldistribution system; and

(b) One or more of the following:

a. The position holder in a terminal or refinery in this state;

b. Imports motor fuel into this state from a foreign country;

c. Acquires motor fuel from a terminal or refinery in this state from aposition holder pursuant to either a two-party exchange or a qualifiedbuy-sell arrangement which is treated as an exchange and appears on therecords of the terminal operator; or

d. The position holder in a terminal or refinery outside this state withrespect to motor fuel which that person imports into this state. A terminaloperator shall not be considered a supplier based solely on the fact that theterminal operator handles motor fuel consigned to it within a terminal."Supplier" also means a person that produces fuel grade alcohol oralcohol-derivative substances in this state, produces fuel grade alcohol oralcohol-derivative substances for import to this state into a terminal, oracquires upon import by truck, rail car or barge into a terminal, fuel gradealcohol or alcohol-derivative substances. "Supplier" includes a permissivesupplier unless specifically provided otherwise;

(9) "Terminal", a bulk storage and distribution facility which includes:

(a) For the purposes of motor fuel, is a qualified terminal;

(b) For the purposes of fuel grade alcohol, is supplied by truck, railcar, boat, barge or pipeline and the products are removed at a rack; and

(10) "Unblended gasoline", gasoline that has not been blended with fuelethanol.

3. Except as otherwise provided under subsections 4 and 5 of thissection, on and after January 1, 2008, all gasoline sold or offered for salein Missouri at retail shall be fuel ethanol-blended gasoline.

4. If a distributor is unable to obtain fuel ethanol or fuelethanol-blended gasoline from a position holder or supplier at the terminal atthe same or lower price as unblended gasoline, then the purchase of unblendedgasoline by the distributor and the sale of the unblended gasoline at retailshall not be deemed a violation of this section. The position holder,supplier, distributor, and ultimate vendor shall, upon request, provide therequired documentation regarding the sales transaction and price of fuelethanol, fuel ethanol-blended gasoline, and unblended gasoline to thedepartment of agriculture and the department of revenue. All informationobtained by the departments from such sources shall be confidential and notdisclosed except by court order or as otherwise provided by law.

5. The following shall be exempt from the provisions of this section:

(1) Aviation fuel and automotive gasoline used in aircraft;

(2) Premium gasoline;

(3) E75-E85 fuel ethanol;

(4) Any specific exemptions declared by the United States EnvironmentalProtection Agency; and

(5) Bulk transfers between terminals.

The director of the department of agriculture may by rule exempt or rescindadditional gasoline uses from the requirements of this section. The governormay by executive order waive the requirements of this section or any partthereof in part or in whole for all or any portion of this state for reasonsrelated to air quality. Any regional waiver shall be issued and implementedin such a way as to minimize putting any region of the state at a competitiveadvantage or disadvantage with any other region of the state.

6. The provisions of section 414.152 shall apply for purposes ofenforcement of this section.

7. The department of agriculture is hereby authorized to promulgaterules to ensure implementation of, and compliance and consistency with, thissection. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in this sectionshall become effective only if it complies with and is subject to all of theprovisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.This section and chapter 536, RSMo, are nonseverable and if any of the powersvested with the general assembly pursuant to chapter 536, RSMo, to review, todelay the effective date, or to disapprove and annul a rule are subsequentlyheld unconstitutional, then the grant of rulemaking authority and any ruleproposed or adopted after August 28, 2006, shall be invalid and void.

8. All terminals in Missouri that sell gasoline shall offer for sale, incooperation with position holders and suppliers, fuel ethanol-blendedgasoline, fuel ethanol, and unblended gasoline. Terminals that only offer forsale federal reformulated gasolines, in cooperation with position holders andsuppliers, shall not be required to offer for sale unblended gasoline.

9. Notwithstanding any other law to the contrary, all fuel retailers,wholesalers, distributors, and marketers shall be allowed to purchase fuelethanol from any terminal, position holder, fuel ethanol producer, fuelethanol wholesaler, or supplier. In the event a court of competentjurisdiction finds that this subsection does not apply to or improperlyimpairs existing contractual relationships, then this subsection shall onlyapply to and impact future contractual relationships.

(L. 2006 H.B. 1270 & 1027)