House File 277 - Introduced HOUSE FILE 277 BY COMMITTEE ON AGRICULTURE (SUCCESSOR TO HSB 113) A BILL FOR An Act providing for programs and regulations administered 1 and enforced by the department of agriculture and land 2 stewardship, providing fees, providing for the allocation of 3 moneys, and making penalties applicable. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1218HV (2) 90 da/ns
H.F. 277 DIVISION I 1 REGULATION OF COMMERCIAL ESTABLISHMENTS 2 Section 1. Section 162.2, subsection 19, Code 2023, is 3 amended by striking the subsection and inserting in lieu 4 thereof the following: 5 19. Pet shop means a facility where vertebrate animals, 6 excluding fish, not born and reared on the facilitys premises 7 are bought, sold, exchanged, or offered for sale or exchange to 8 the public, at retail. Pet shop does not include a facility 9 if one of the following applies: 10 a. The facility receives less than one thousand dollars from 11 the sale or exchange of vertebrate animals, excluding fish, 12 during a twelve-month period. 13 b. The facility sells or exchanges less than twelve 14 vertebrate animals, excluding fish, during a twelve-month 15 period. 16 DIVISION II 17 GRAIN REGULATION 18 PART A 19 GRAIN DEALERS 20 Sec. 2. Section 203.1, Code 2023, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 12A. Scale weight ticket means the same 23 as defined in section 203C.1. 24 Sec. 3. Section 203.5, subsection 8, paragraph a, Code 2023, 25 is amended to read as follows: 26 a. The applicant has caused liability to the Iowa grain 27 depositors and sellers indemnity fund in regard to a license 28 issued under this chapter or chapter 203C , and the liability 29 has not been discharged, settled, or satisfied. 30 Sec. 4. Section 203.11, subsection 2, paragraph a, 31 subparagraph (3), Code 2023, is amended to read as follows: 32 (3) Uses a scale weight ticket or credit-sale contract in 33 violation of this chapter or a requirement established by the 34 department under this chapter . 35 -1- LSB 1218HV (2) 90 da/ns 1/ 16
H.F. 277 Sec. 5. Section 203.15, subsection 2, paragraph f, Code 1 2023, is amended to read as follows: 2 f. The duration of the credit-sale contract, which shall 3 not exceed twelve fifteen months from the date the contract is 4 executed. 5 Sec. 6. Section 203.17, Code 2023, is amended to read as 6 follows: 7 203.17 Documents and records. 8 1. The department may adopt rules specifying the form, 9 content, use, and maintenance of documents issued by a grain 10 dealer under this chapter including but not limited to scale 11 weight tickets, settlement sheets, daily position records, and 12 credit-sale contracts. The department may adopt rules for 13 both printed and electronic documents, including rules for 14 the transmission, receipt, authentication, and archiving of 15 electronically generated or stored documents. 16 2. All scale weight ticket forms in the possession of a 17 grain dealer shall have been permanently and consecutively 18 numbered at the time of printing. A grain dealer shall 19 maintain an accurate record of all scale weight ticket numbers. 20 The record shall include the disposition of each numbered form, 21 whether issued, destroyed, or otherwise disposed of. 22 Sec. 7. Section 203.20, Code 2023, is amended to read as 23 follows: 24 203.20 Shrinkage adjustments disclosures penalties. 25 1. A person who, in connection with the receipt of 26 corn or soybeans grain for storage, processing, or sale, 27 adjusts the scale weight of the grain to compensate for the 28 moisture content of the grain shall compute the amount of 29 the adjustment by multiplying the scale weight of the grain 30 by that factor which results in a rate of adjustment of one 31 and eighteen hundredths percent of weight per one percent of 32 moisture content. The use of person who uses any rate of 33 weight adjustment for moisture content other than the one 34 prescribed by this subsection is commits a fraudulent practice 35 -2- LSB 1218HV (2) 90 da/ns 2/ 16
H.F. 277 as defined in section 714.8 . The person shall post on the 1 business premises in a conspicuous place notice of the rate 2 of adjustment for moisture content that is as prescribed by 3 this subsection . Failure The person who fails to make this 4 disclosure is commits a simple misdemeanor. 5 2. A person who, in connection with the receipt of grain for 6 storage, processing , or sale, adjusts the quantity of the grain 7 received to compensate for losses to be incurred during the 8 handling, processing, or storage of the grain shall post on the 9 business premises in a conspicuous place notice of the rate of 10 adjustment to be made for this shrinkage. Failure The person 11 who fails to make the required this disclosure is commits a 12 simple misdemeanor. 13 3. A person who adjusts the scale weight of corn or soybeans 14 both grain for moisture content and for handling, processing, 15 or storage losses may combine the two adjustment factors into 16 a single factor and may use this resulting factor to compute 17 the amount of weight adjustment in connection with storage, 18 processing, or sale transactions, provided that the person 19 shall post on the business premises in a conspicuous place a 20 notice that discloses the moisture shrinkage factor prescribed 21 by subsection 1 , the handling shrinkage factor to be imposed, 22 and the single factor that results from combining these 23 factors. Failure The person who fails to make the required 24 this disclosure is commits a simple misdemeanor. 25 PART B 26 WAREHOUSE OPERATORS 27 Sec. 8. Section 203C.5, subsection 2, Code 2023, is amended 28 to read as follows: 29 2. a. The department may adopt rules specifying the 30 form, content, and use of documents issued by a warehouse 31 operator under this chapter including but not limited to scale 32 weight tickets, warehouse receipts, settlement sheets, and 33 daily position records. The department may adopt rules for 34 both printed and electronic documents, including rules for 35 -3- LSB 1218HV (2) 90 da/ns 3/ 16
H.F. 277 the transmission, receipt, authentication, and archiving of 1 electronically generated or stored documents. 2 b. All scale weight ticket forms and warehouse receipt 3 forms in the possession of a warehouse operator shall have been 4 permanently and consecutively numbered at the time of printing. 5 A warehouse operator shall maintain an accurate record of 6 the numbers of these documents. The record shall include 7 the disposition of each form, whether issued, destroyed, or 8 otherwise disposed of. The department may by rule require this 9 use of prenumbered forms and recording for documents other than 10 scale weight tickets and warehouse receipts. 11 Sec. 9. Section 203C.6, subsection 8, paragraph a, Code 12 2023, is amended to read as follows: 13 a. The applicant has caused liability to the Iowa grain 14 depositors and sellers indemnity fund through operations under 15 a license issued under this chapter or chapter 203 , and the 16 liability has not been discharged, settled, or satisfied. 17 Sec. 10. Section 203C.17, subsections 1, 2, 3, 4, and 5, 18 Code 2023, are amended to read as follows: 19 1. Any grain which has been received at any Grain deposited 20 with a licensed warehouse operator for which the actual sale 21 price is has not been fixed and either proper documentation 22 made has not been furnished or payment has not been made shall 23 be construed to be grain held for storage within the meaning of 24 this chapter . Grain may be held considered stored grain and 25 may be retained in open storage or placed on under warehouse 26 receipt. A warehouse receipt shall be issued for all grain 27 held in open storage within one year from the date of delivery 28 to the warehouse, unless the depositor has signed a statement 29 that the depositor does not desire a warehouse receipt. A The 30 licensed warehouse operator shall issue a warehouse receipt 31 shall be issued to the depositor upon request by the depositor. 32 The warehouse operators tariff shall apply for to any grain 33 that is retained in open storage or placed under warehouse 34 receipt as provided in section 203C.18 . 35 -4- LSB 1218HV (2) 90 da/ns 4/ 16
H.F. 277 2. Bulk grain deposited with a licensed warehouse operator 1 for processing, cleaning, drying, shipping for the account of 2 the depositor , or any other purpose shall be removed within 3 thirty days from the date of deposit or such grain shall be 4 determined as considered stored grain and the . The warehouse 5 operators tariff charges shall apply to the bulk grain as 6 provided in section 203C.28 . 7 3. Grain received on deposited and subject to a scale weight 8 ticket which that fails to have the price fixed and properly 9 documented on the records of the licensed warehouse operator 10 shall be construed to be retained in open storage. 11 4. All bulk grain whether retained in open storage and 12 deposited subject to a scale weight ticket or having been 13 placed on under warehouse receipt is covered by the grain 14 depositors and sellers indemnity fund created in as provided in 15 chapter 203D . 16 5. Any grain which has been received at any An unlicensed 17 warehouse and for which the operator shall not retain deposited 18 bulk grain, if its actual sale price has not been fixed , and 19 payment for the bulk grain has not been made within thirty days 20 from receipt of the grain its date of deposit , unless covered 21 purchased by a credit-sale contract , shall be construed to be 22 unlawful storage within the meaning of this chapter . Bulk 23 grain received at any An unlicensed warehouse for any operator 24 who retains deposited bulk gain under any other purpose 25 circumstance must either be returned return the bulk grain to 26 the depositor , or disposed of dispose of the bulk grain by 27 order of the depositor , within thirty days from date of actual 28 the deposit of the bulk grain. 29 Sec. 11. Section 203C.25, Code 2023, is amended to read as 30 follows: 31 203C.25 Shrinkage adjustments disclosures penalties. 32 1. A person who, in connection with the receipt of 33 corn or soybeans grain for storage, processing, or sale, 34 adjusts the scale weight of the grain to compensate for the 35 -5- LSB 1218HV (2) 90 da/ns 5/ 16
H.F. 277 moisture content of the grain shall compute the amount of 1 the adjustment by multiplying the scale weight of the grain 2 by that factor which results in a rate of adjustment of one 3 and eighteen hundredths percent of weight per one percent of 4 moisture content. The use of person who uses any rate of 5 weight adjustment for moisture content other than the one 6 prescribed by this subsection is commits a fraudulent practice 7 as defined in section 714.8 . The person shall post on the 8 business premises in a conspicuous place notice of the rate 9 of adjustment for moisture content that is as prescribed by 10 this subsection . Failure The person who fails to make this 11 disclosure is commits a simple misdemeanor. 12 2. A person who, in connection with the receipt of grain for 13 storage, processing , or sale, adjusts the quantity of the grain 14 received to compensate for losses to be incurred during the 15 handling, processing, or storage of the grain shall post on the 16 business premises in a conspicuous place notice of the rate of 17 adjustment to be made for this shrinkage. Failure The person 18 who fails to make the required this disclosure is commits a 19 simple misdemeanor. 20 3. A person who adjusts the scale weight of corn or soybeans 21 both grain for moisture content and for handling, processing, 22 or storage losses may combine the two adjustment factors into 23 a single factor and may use this resulting factor to compute 24 the amount of weight adjustment in connection with storage, 25 processing, or sale transactions, provided that the person 26 shall post on the business premises in a conspicuous place a 27 notice that discloses the moisture shrinkage factor prescribed 28 by subsection 1 , the handling shrinkage factor to be imposed, 29 and the single factor that results from combining these 30 factors. Failure The person who fails to make the required 31 this disclosure is commits a simple misdemeanor. 32 Sec. 12. Section 203C.36, subsection 2, paragraph a, 33 subparagraph (3), Code 2023, is amended to read as follows: 34 (3) Uses a scale weight ticket, warehouse receipt, or 35 -6- LSB 1218HV (2) 90 da/ns 6/ 16
H.F. 277 other document in violation of this chapter or requirements 1 established by the department under this chapter . 2 PART C 3 INDEMNITY FUND 4 Sec. 13. Section 203D.1, Code 2023, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 14A. Scale weight ticket means the same 7 as defined in section 203C.1. 8 DIVISION III 9 WEIGHTS AND MEASURES 10 PART A 11 LICENSING, INSPECTIONS, AND FEES 12 Sec. 14. Section 214.2, Code 2023, is amended to read as 13 follows: 14 214.2 License. 15 1. A person who uses or displays for use any commercial 16 weighing and measuring device , as defined in section 215.1 , 17 shall secure must be issued a license from by the department 18 for that device . The department shall issue the license after 19 inspecting the device. 20 2. a. Except as provided in paragraph b , a license issued 21 under subsection 1 shall expire on December 31 of each year. 22 b. A license issued under subsection 1 for a motor fuel pump 23 shall expire on June 30 of each year. 24 Sec. 15. Section 214.3, subsection 1, Code 2023, is amended 25 by striking the subsection. 26 Sec. 16. Section 214.3, subsection 2, Code 2023, is amended 27 to read as follows: 28 2. The A license inspection fee is imposed on a person 29 who uses or displays for use a commercial weighing and 30 measuring device . The license fee is due the day the device 31 is placed into service department issues the license . A 32 license inspection fee shall be charged to the person owning 33 or operating a commercial weighing and measuring device 34 inspected The amount of the license fee shall be calculated in 35 -7- LSB 1218HV (2) 90 da/ns 7/ 16
H.F. 277 accordance with the class or section for devices as established 1 by handbook 44 of the United States national institute of 2 standards and technology. 3 Sec. 17. Section 214.11, subsection 1, Code 2023, is amended 4 to read as follows: 5 1. The department shall provide for annual biennial 6 inspections of all motor fuel pumps, including but not limited 7 to motor fuel blender pumps, licensed under this chapter . 8 Inspections shall be for the purpose of determining the 9 accuracy and correctness of motor fuel pumps. For that purpose 10 the departments inspectors may enter upon the premises of any 11 a wholesale dealer or a retail dealer motor fuel site . 12 Sec. 18. Section 215.2, Code 2023, is amended to read as 13 follows: 14 215.2 Special inspection tests request fees. 15 1. The owner or servicer of a commercial weighing and 16 measuring device may request the department conduct a special 17 inspection test of the device to determine its accuracy and 18 correctness. 19 2. The fee for special tests, including but not limited to, 20 using state inspection equipment, for the calibration, testing, 21 certification, or repair conducting a special inspection test 22 of a commercial weighing and measuring device shall be paid 23 by the owner or servicer or person requesting the special 24 inspection test in accordance with the following schedule: 25 1. a. Class S, scales, seventy-five dollars per hour. 26 2. b. Class M, meters, fifty-two dollars and fifty cents 27 per hour. 28 Sec. 19. REPEAL. Section 215.12, Code 2023, is repealed. 29 PART B 30 MOTOR FUEL STANDARDS AND CLASSIFICATIONS 31 Sec. 20. Section 159A.6, subsection 1, paragraph c, Code 32 2023, is amended to read as follows: 33 c. Develop standards for decals required pursuant to 34 section 214A.16 214A.21A , which shall be designed to promote 35 -8- LSB 1218HV (2) 90 da/ns 8/ 16
H.F. 277 the advantages of using renewable fuels. The standards may be 1 incorporated within a model decal adopted by the office. 2 Sec. 21. Section 214A.1, subsection 2, Code 2023, is amended 3 to read as follows: 4 2. ASTM international means a nonprofit organization, 5 previously named the American society for testing and materials 6 international. 7 Sec. 22. Section 214A.1, Code 2023, is amended by adding the 8 following new subsections: 9 NEW SUBSECTION . 33A. a. Renewable diesel means a motor 10 fuel for use in an internal combustion engine and ignited by 11 pressure without the presence of an electric spark, which 12 is produced from nonfossil renewable resources, including 13 agricultural plants, animal fats, residue, and waste generated 14 from the production, processing, and marketing of agricultural 15 products, and other renewable resources. 16 b. Renewable diesel must meet the standards provided in 17 section 214A.2. 18 c. Renewable diesel does not include any of the following: 19 (1) Biodiesel. 20 (2) A fuel that has been coprocessed. 21 NEW SUBSECTION . 33B. Renewable diesel blended fuel means 22 a blend of renewable diesel with petroleum-based diesel fuel, 23 biodiesel, or a combination of petroleum-based diesel fuel and 24 biodiesel, which meets the standards, including separately 25 the standard for its renewable diesel component, provided in 26 section 214A.2. 27 Sec. 23. Section 214A.2, subsection 4, Code 2023, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . c. (1) If the motor fuel is advertised 30 for sale or sold as renewable diesel or renewable diesel 31 blended fuel, the motor fuel must meet departmental standards 32 based in part or in whole on specifications adopted by ASTM 33 international for renewable diesel or renewable diesel blended 34 motor fuel, to every extent applicable, as determined by the 35 -9- LSB 1218HV (2) 90 da/ns 9/ 16
H.F. 277 department subject to subparagraph (2). 1 (2) Renewable diesel must at least meet departmental 2 standards based in whole or in part on ASTM international 3 specification D975, or a successor ASTM international 4 specification, established by rule. The specification shall 5 apply to renewable diesel before it leaves its place of 6 manufacture. 7 Sec. 24. Section 214A.2, subsection 5, Code 2023, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . d. (1) Renewable diesel shall be classified 10 RD-100. 11 (2) Renewable diesel blended fuel shall be classified RD-xx 12 where xx is the volume percent of renewable diesel. 13 Sec. 25. Section 214A.2B, Code 2023, is amended to read as 14 follows: 15 214A.2B Laboratory for motor fuel and biofuels fuels, 16 biofuels, and renewable fuels . 17 A laboratory for motor fuel and biofuels is established at a 18 community college which is engaged in biofuels testing on July 19 1, 2007, and which testing includes but is not limited to The 20 Iowa central fuel testing laboratory at Iowa central community 21 college shall test motor fuels, biofuels, and renewable fuels, 22 including but not limited to B-20 biodiesel fuel testing for 23 use by motor trucks and the ability of biofuels to meet ASTM 24 international standards . The laboratory shall conduct the 25 testing of motor fuel fuels sold in this state and biofuel 26 which is biofuels blended in with motor fuel fuels in this 27 state to ensure that the motor fuel or fuels, biofuels , and 28 renewable fuels meet the requirements departmental standards 29 in section 214A.2 . 30 PART C 31 CODE EDITOR DIRECTIVE 32 Sec. 26. CODE EDITOR DIRECTIVE. 33 1. The Code editor is directed to make the following 34 transfer: 35 -10- LSB 1218HV (2) 90 da/ns 10/ 16
H.F. 277 Section 214A.16 to section 214A.21A. 1 2. The Code editor shall correct internal references in the 2 Code and in any enacted legislation as necessary due to the 3 enactment of this section. 4 DIVISION IV 5 WATER QUALITY 6 Sec. 27. Section 466B.43, subsection 6, Code 2023, is 7 amended to read as follows: 8 6. By October 1, 2019, and each October 1 thereafter of 9 each year , the division shall submit a report to the governor 10 and the general assembly itemizing expenditures, by hydrologic 11 unit code 8 watershed, under the programs , if any, during the 12 previous fiscal year , if any . 13 Sec. 28. Section 466B.44, subsection 5, Code 2023, is 14 amended to read as follows: 15 5. Notwithstanding any other provision in this section 16 to the contrary, beginning on July 1, 2018, the division 17 may use any amount available to support the water quality 18 urban infrastructure program to instead extend do any of the 19 following: 20 a. Extend and support the three-year data collection of 21 in-field agricultural practices project as enacted in 2015 Iowa 22 Acts, ch. 132, 18 . 23 b. Support water quality agriculture infrastructure programs 24 created in section 466B.43. 25 Sec. 29. Section 466B.44, subsection 7, Code 2023, is 26 amended to read as follows: 27 7. By October 1, 2019, and by October 1 of each year 28 thereafter , the division shall submit a report to the governor 29 and the general assembly itemizing expenditures under the 30 program, if any, during the previous fiscal year. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanations substance by the members of the general assembly. 34 GENERAL. This bill relates to a number of regulations 35 -11- LSB 1218HV (2) 90 da/ns 11/ 16
H.F. 277 and programs administered and enforced by the department of 1 agriculture and land stewardship (DALS). Specifically, the 2 bill amends provisions regulating commercial establishments 3 including pet shops engaged in the business of purchasing and 4 transferring (by sale or exchange) vertebrate animals (animals) 5 other than agricultural animals (Code chapter 162). The 6 bill regulates grain transactions including by grain dealers 7 (dealers) and warehouse operators (operators) (Code chapters 8 203 and 203C) and the indemnification of losses by sellers or 9 depositors from the grain depositors and sellers indemnity fund 10 (Code chapter 203D). The bill also regulates the commercial 11 use of weights and measures, including motor fuel pumps (fuel 12 pumps) that are part of motor fuel dispensers (dispensers), 13 and types of motor fuel advertised for sale (Code chapters 14 214, 214A, and 215), including diesel fuel for use in certain 15 internal combustion engines. Finally, the bill provides for 16 the expenditure of moneys for surface water quality initiatives 17 (initiatives) in order to assess and reduce nutrients in this 18 states watersheds (Code chapter 466B) in conformance with the 19 Iowa nutrient reduction strategy (Code section 455B.171). 20 COMMERCIAL ESTABLISHMENTS PET SHOPS. Under current law, 21 a business classified as a pet shop is a type of establishment 22 required to be annually licensed (Code section 162.5) and pay 23 an associated fee (Code section 162.2B). A business is not 24 regulated as a pet shop if, during the prior 12-month period, 25 the business either receives less than $500 or transfers 26 less than six animals. The bill doubles the exemption 27 qualifications to less than $1,000 or less than 12 animals 28 (amended Code section 162.2). 29 COMMERCIAL ESTABLISHMENTS PENALTY. A person who operates 30 as a pet shop in violation of licensing requirements is guilty 31 of a simple misdemeanor (Code section 162.13). 32 GRAIN REGULATION BACKGROUND. As part of a grain 33 transaction, an operator issues a prenumbered scale 34 weight ticket to a depositor as evidence of stored grain. 35 -12- LSB 1218HV (2) 90 da/ns 12/ 16
H.F. 277 Alternatively, the operator may issue a warehouse receipt as a 1 form which may be a document of title and therefore negotiable 2 (Code chapter 554, Art. 7). In order for a seller or depositor 3 to be indemnified for a loss by the fund, the dollar value of 4 a claim for transferred grain is based on either a warehouse 5 receipt or scale weight ticket (Code section 203D.6). 6 GRAIN REGULATION TERMS. Currently, several different 7 terms are used to describe the same item. The bill changes 8 the terms to be uniform, including scale ticket to scale 9 weight ticket and Iowa grain depositors and sellers indemnity 10 fund to grain depositors and sellers indemnity fund, which 11 are both defined (amended Code sections 203.1, 203.5, 203.11, 12 203.17, 203C.5, 203C.6, 203C.17, 203C.36, and 203D.1). 13 GRAIN REGULATION GRAIN MOISTURE CONTENT. A person 14 receiving corn or soybeans as part of a transaction involving 15 storage, processing, or sale may adjust the scale weight to 16 account for moisture content (i.e., reducing the scale weight 17 by a special factor calculated for each 1 percent of moisture 18 content). The bill provides that the adjustment applies to all 19 grain in which there are standards established by the United 20 States department of agriculture (Code sections 203.1 and 21 203C.1 and amended Code sections 203.20 and 203C.25). 22 GRAIN REGULATION CREDIT-SALE CONTRACT. A buyer and 23 seller of grain may execute a credit-sale contract, also known 24 as a price-later contract, for transfer of title, in which the 25 seller delivers the grain to the buyer who pays the seller 26 a price more than 30 days later (Code section 203.1). In 27 order to engage in these transactions, a buyer who is a grain 28 dealer must maintain a class 1 license requiring a net worth 29 of at least $75,000 (Code section 203.3(4)), the parties must 30 execute a contract form meeting statutory requirements (amended 31 Code section 203.15(2)), and the grain is not considered as 32 purchased grain covered by the grain depositors and sellers 33 indemnity fund (Code section 203D.6(4)). The bill extends the 34 maximum period of a credit-sale contracts duration, requiring 35 -13- LSB 1218HV (2) 90 da/ns 13/ 16
H.F. 277 later payment for the delivered grain, from 12 to 15 months 1 (amended Code section 203.15(2)). 2 GRAIN REGULATION OPEN STORAGE. An operator may retain 3 delivered grain in open storage (meaning without issuing a 4 warehouse receipt or making a purchase) subject to certain 5 limitations. Grain subject to a scale weight ticket without 6 having the price fixed and documented by the operator is 7 considered to be retained in open storage. Currently, if 8 grain is retained in open storage, the operator must issue the 9 depositor a warehouse receipt within one year of the grains 10 delivery date, unless the depositor signs a statement refusing 11 it. The bill eliminates this requirement. Upon request, the 12 operator must still issue the depositor a warehouse receipt 13 (amended Code section 203C.17). 14 GRAIN REGULATION PENALTIES. A person who violates Code 15 chapter 203 or 203C is guilty of a simple misdemeanor (Code 16 sections 203.11 and 203C.36). 17 WEIGHTS AND MEASURES. A person who uses or displays a 18 commercial weighing or measuring device (device) must be 19 licensed. The term of the license is 12 months. Generally, 20 the term is on a calendar year basis (January 1 to December 21 31) but for motor fuel pumps the term is on a fiscal year 22 basis (July 1 to June 30). A fee is required for the issuance 23 of the license and an inspection (license inspection fee) 24 first due when the device is placed into service. DALS is 25 expressly required to inspect motor fuel pumps each year. The 26 bill provides that the fee is for the issuance of the license 27 rather than the inspection, the license fee is due when the 28 license is issued, and that DALS must inspect motor fuel pumps 29 on a biennial basis (amended Code sections 214.2, 214.3, and 30 214.11). The bill also eliminates a requirement that persons 31 engaged in repairing scales must file a bond with the state 32 (repealed Code section 215.12). 33 WEIGHTS AND MEASURES MOTOR FUEL STANDARDS AND 34 CLASSIFICATIONS. Motor fuels include fossil (petroleum) based 35 -14- LSB 1218HV (2) 90 da/ns 14/ 16
H.F. 277 gasoline and diesel fuel as well as certain biofuel components 1 derived from renewable (nonpetroleum) resources such as ethanol 2 classified as E-100 and biodiesel comprised of monoalkyl esters 3 of long-chain fatty acids and classified as B-100. Both types 4 of substances are used to produce renewable fuels (e.g., E-15 5 or B-5) subject to separate departmental standards based on 6 ASTM international (ASTM) specifications. The bill regulates 7 another liquid fuel referred to renewable diesel classified as 8 RD-100 that may be used as a motor fuel or a blending component 9 and classified as RD-xx. RD-100 is produced from nonfossil 10 renewable resources but is not biodiesel due to manufacturing 11 processes. Petroleum-based diesel fuel and RD-100 are subject 12 to the same ASTM specification D975 while B-100 is subject to 13 ASTM specification D6751 (amended Code sections 214A.1 and 14 214A.2). 15 WEIGHTS AND MEASURES TESTING LABORATORY. The bill 16 expressly recognizes the Iowa central fuel testing laboratory 17 at Iowa central community college as the official laboratory 18 for testing motor fuels, biofuels, and renewable fuels (amended 19 Code section 214A.2B). 20 WEIGHTS AND MEASURES CODE EDITOR DIRECTIVE. The bill 21 transfers Code section 214A.16 from subchapter I to subchapter 22 II of Code chapter 214A. The Code section regulates a notice 23 required to be posted for consumers purchasing renewable fuels. 24 In 2022, the general assembly enacted 2022 Iowa Acts, chapter 25 1152, which reorganized Code chapter 214A. Subchapter I 26 regulates general matters such as standards and classifications 27 and subchapter II regulates the advertisement, sale, and use 28 of motor fuel. 29 WEIGHTS AND MEASURES PENALTY. A person who fails to allow 30 for an inspection of a motor fuel pump is guilty of a simple 31 misdemeanor. 32 WATER QUALITY. DALS regulates two water quality 33 initiatives, including water quality agriculture infrastructure 34 programs (amended Code section 466B.43) and the water quality 35 -15- LSB 1218HV (2) 90 da/ns 15/ 16
H.F. 277 urban infrastructure program (amended Code section 466B.44). 1 The initiative is supported by the water quality initiative 2 fund (Code section 466B.45), the water quality infrastructure 3 fund (Code section 8.57B), and the water quality financial 4 assistance fund (Code section 16.134A). Moneys in the last 5 fund (15 percent) are appropriated to support the water quality 6 urban infrastructure program. The bill provides that DALS 7 may use moneys available to support the water quality urban 8 infrastructure program to instead support the water quality 9 agriculture infrastructure programs. The bill also eliminates 10 dates in several Code sections that are now extraneous. 11 APPLICABLE PENALTIES. A simple misdemeanor is punishable by 12 confinement for no more than 30 days and a fine of at least $105 13 but not more than $855. 14 -16- LSB 1218HV (2) 90 da/ns 16/ 16